St. Mary's County, MD Board of Appeals for St. Mary's County, 10 Jun 2021

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From YouTube: 6/10/21 - Board of Appeals for St. Mary's County

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Good evening this is the july. Excuse me this is the june 10th 2021 meeting of the saint.

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Mary's county board of appeals located in the commissioners of st mary's county meeting room.

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Of the chesapeake building 41770 baldridge street leonardtown maryland.

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I'm chairman dan igniowski and we have four other board members with us tonight.

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So we have met our minimum requirements for a quorum and we will proceed with the meeting.

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Public meetings are now open to the public, also 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.

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1-301-579-72 and then use the access code 96343.

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Pound or view the meeting remotely on channel 95 and youtube zoom teleconference.

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Will also be available for applicant use if any non-in-person citizen would like to participate.

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By talking to the board during the public testimony, please call the following number.

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301-475-4200 extension 123, and we will repeat that prior to public testimony.

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When you call this number, ms sherry young recording secretary, will ask your name.

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Address phone number and email- in other words, this is a virtual sign-in sheet. Ms young will.

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Then place you in line on hold after I announce that I am opening the hearing to public testimony.

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I will open the meeting public testimony after the presentations and the testimony by the applicant.

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And representatives have been completed for both in-person calls call-ins. You will be asked to.

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State your name and address for the record. I will then swear you in you will have three minutes to.

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Ask your questions or make your comments directly to the board. Your comments will be recorded and.

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Heard by those of us in the chesapeake building, zoom participants, channel 95 and on youtube.

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After the public comment, portion of the meeting is over the case will return to.

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The board for discussion and decision so now for tonight's meeting I'll actually ask the.

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Board members to attempt to identify themselves starting my right good evening, wayne madinski.

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Lindellahay and I'm dan iknowski john brown good evening, rich richardson and the attorney for the.

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Board tonight is kevin norris. Also we have the supporting staff, we'll that'll, be in attendance in.

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The in the room tonight harry knight, land-use and growth management, deputy director uh stacy, is not.

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Here tonight, no she is not okay, stacy clements is not here. Neil murphy, the assistant county attorney.

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Is he was here he was here, I thought I saw him come in and walk out. I guess we board him. We.

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Got his boss here and dave weiskopf also in the adjoining meeting control room is amy carter, st.

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Mary's county video media producer in the adjacent savage conference room public phone calls to the.

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Boards are being received by sherry young, the board's recording secretary and we'll go through.

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The appellants applicants and interveners and representatives as we get to those cases.

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We also have our alternative. Excuse me. We also have guy bradley our alternate member.

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Sitting with us tonight, the we have three public hearings tonight. The first case is magruder and.

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Beauchamp property, vaap 17 1104 case number: two will be the dent property vaap182361.

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And case number three will be lexington park: 4 ford phase, 3 vaap, three one: zero, two, seven.

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Before we start the hearing for viewers at home, you will be able to see the staff and applicants.

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Presentation on channel 95 or youtube, and these presentations are being as these presentations.

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Are being shown, you can also see all the documents that have been submitted for these cases by going.

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To board docs, I guess I'll, ask harry knight, will now demonstrate how to locate and use board docs.

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Thank you, sir. So first you'd want to go open your internet browser and go to.

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Www.Stmarysmd.Com and in the um upper right hand, corner you'll find the tab for board docs.

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Click on the tab, it will open. I don't open it in advance because I, like the public to see it, does.

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Take a little bit of time, don't think you click the wrong button there. It is so it is loading.

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I've run out of things to say here: it comes yes, so you can pick whatever um board county commission.

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Here on the right, um when it's a particularly current meeting, it's going to be here in the.

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Middle and here's our board of appeals june 10th and it's um on the june 10th, because I clicked.

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The june 10th we're going to click view agenda here and then you see the agenda on the left and.

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So, for instance, our first case, I click on that and all of the documents associated.

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With this case have been uploaded and are available for viewing at the click of a button.

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Thank you, mr knight. We will now hear case number one and I'll ask harry if he will stand.

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And take the oath and harry, as you may be aware, this will be for all three cases tonight.

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Yes, sir, please stand raise your right hand. Do you declare and affirm, under the.

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

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Will be the whole truth and nothing but the truth. I do thank you. You may proceed.

C

Excuse me: okay, st mary's county board of appeals, public hearing june 10, 2021 variants.

C

For the building permit number 17-1104, this is a variance from schedule, 32.1 standards. I.

C

Want to emphasize to the board, I can't emphasize enough: this is not a critical area, variance, okay,.

C

You're going to see the house is in the critical area. This is not a critical area, variance.

C

Okay, the legal ad and property posting was done. um Letters were mailed.

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The owners are catherine magruder and james beauchamp. The location is 43844, avon way.

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In leonardtown map 61 grid one parcel 249 lot, 19 of the lanedon subdivision.

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The land uses rural preservation and the zoning is rural preservation, district.

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It is a mere 6250 square feet with an existing house with accessory structures, so the proposed.

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Improvement is to replace the existing house, and the proposed development is modest enough, that it.

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Is actually exempt from stormwater management and soil conservation standards due to being.

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Less than 5000 square feet of soil disturbance, it's currently under health department review.

C

You might have noticed this is a building permit number 17. That means they actually applied for.

C

This permit four years ago, and I don't think I'm characterizing it incorrectly when I say.

C

Their challenge has been meeting health department standards on.

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An old grandfathered lot seeking to replace the house, so here's your location map, it's down.

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On the potomac river zoning map is rpd the site plan and I'm going to zoom in, for you.

C

So the particular hardship here is buildable area. I want you to notice the um the purple.

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Hashed, um the the number 50 is um the zero of the number 50. If you can see that.

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Is in the buildable area, so so their buildable area is barely big enough for a porch.

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If you don't grant variances from the various setbacks, so they are in the critical area, it.

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Is zoned [ __ ], which means that they can do development activity in the hundred foot buffer.

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Without a variance on the condition that they move the house as far away from the shore as possible,.

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To the extent that they must seek zoning setback variances, if that will help and that's why we're.

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Here tonight to seek those zoning setback variances, so the house does comply with the.

C

Right side setback they are asking for a variance to the left side, setback and.

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They are asking for a variance to the front yard setback. They could ask for a greater.

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Variants, a smaller setback to the front, except that the well is in the front of the house.

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In order to keep it separated from the septic system, which is on the water side of the house,.

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And so um they they could ask for a greater zoning um encroachment on the front yard. But.

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That would only make it harder to get health department approval, and I would ask if you have.

C

Any questions before I move off this slide. Members have any questions. I know you what you said with.

D

The premise I just want to clarify for the record: there was a input from the critical area correct.

C

Absolutely and their their letter says that um this complies with the [ __ ] standards and.

C

Therefore, a variance is not required. Yes from that, I just want to get it kind of read in okay, yeah.

C

Okay, no other questions, I'll move on so being a standard variance, not a critical area of variance.

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The standards are that um the board must find that, because of the particular physical surroundings,.

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

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The property involved, strict enforcement of the ordinance, will result in a practical difficulty.

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

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Within the same zoning classification and the purpose of the variance is not based.

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Exclusively upon reasons of convenience, profit or caprice, it is understood that any development.

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

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And the alleged difficulty has not been created by the property owner or the owner's predecessors.

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Entitled and the granting of the variants will not be detrimental to the public welfare or.

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Injurious to other property or improvements in the neighborhood and the character of the.

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District will not be changed by the variants. The proposed variants will not substantially increase.

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The congestion of public streets or increase the danger of fire or endanger the public safety.

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Or substantially diminish or impair property values within the neighborhood and the variance.

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

A

Any other questions, no, I do have some questions. um Do they have to elevate the house.

E

They I don't recall um that they, I don't think the house is in the certainly the property is.

C

In the flood plain, oh yeah, now I'm looking at the topo lines here, so the um the nine foot.

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Elevation above sea level, if you will, is.

C

Approximately 50 feet from the house, and so the house is not in the regulated floodplain.

B

And and I read that they were.

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Abandoned in the current septic system and they're, putting in a bat system what is.

B

That that's the septic tank, so the um what's required in the critical area and has been.

C

Since I want to say approximately 2008 or 2009 is any time a um building permit for a house in the.

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Critical area requires any septic improvement. The first improvement is to replace the septic tank.

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Conventional septic tanks, which really just hold it temporarily and let the effluent.

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Move to the drain fields, so bat stands for best available technology, so it might be different.

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Tomorrow, because there might be something better available, but but yes, they have to replace it.

C

Another common term is a nitrogen, removing septic tank and there's no sewer to hook you down. No, no.

C

The the drain fields are actually shown here. uh Oh is there any public sewer? No there's, not. Okay, no.

C

So the drain fields, the existing drain fields, are being left intact.

C

And it's the septic tank, that's being replaced! Okay! Okay! That's all! We got a question, sir.

F

I see in the in the right up the euros, front, yard and side yard and rear yard who determines.

F

Which is the front yard, definite definition in the zoning ordinance. So while um people with water.

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Front property commonly like to refer to the water front as their front yard, as my grandmother did.

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um The zoning ordinance defines the front yard as that property line which abuts the public way. But.

F

This is a private way. This is a private road. It is a private road available to the public.

C

To traverse on their way to visit friends, neighbors relatives, pizza delivery, people.

F

But it is a private road, it is right, it is not owned and.

C

Maintained by the county, nor the state of maryland, that is correct.

F

So you say the front row or front: the house faces the water, then no, um not by zoning, but perhaps by.

C

Owner's preference, they may want to say the front faces the water, so that goes back to.

F

My question, who determines which is the front lawn their front yard for zoning review purposes.

C

The um department of land use and growth management in accordance.

C

With the comprehensive zoning ordinance, the definition of front um property line that we.

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Measure the front setback from is that property line that abuts the public way.

C

I mean I can open the book if you want me to read it verbatim. I read.

F

The book and I couldn't understand it, that's why I asked the question.

C

There's more interesting things, as mr beauchamp knows when it comes to talking about right-of-ways.

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And property lines, but it I don't want to belabor the hearing. Okay. Thank you any other.

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Questions of the staff- okay, the applicant, who will be representing the applicant mr beauchamp. Yes, sir.

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Okay, well come on up and before you sit down while you're standing. Would you please raise your right.

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Hand, do you declare and affirm under the penalty of perjury, that the testimony responses and.

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Statements, you may give will be the whole truth and nothing but the truth. Yes, sir, very good, please.

A

Have a seat! Thank you proceed. Thank you all good to see you this evening. I'm sorry to interrupt.

C

But I am going to be putting your slides up and you tell me when to advance very well. Thank you.

G

First, I'd like to thank harry and his team for helping us shepherd this through the process.

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um And putting together a really good demonstration of what we're trying to do.

G

I did prepare uh some slides here, so what you're looking at here is our little neighborhood.

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It is the lanedon subdivision, as harry mentioned, it's a pretty small neighborhood and all of the.

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Lots are 50-foot lots, so a couple of the houses have been built on two lots.

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But most have not let me back up and introduce my wife kathy magruder here I'll mention her a.

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Time or two as we go through, so that's the two names on the application: magruder and beecham.

G

Can change they're harry, thank you. So this is the detail of the site plan.

G

It's not as colorful as one that harry showed. As noted before that heavy dotted line you see there.

G

Is the footprint of the existing house your question about the flood lane, sir.

G

The finished floor on that existing house and I think what we're proposing is around 11 or 12 feet.

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Above so we're we're a good ways up that bluff. You can see the tight topo lines there at the bottom.

G

Of the lot um we're hemmed in with this small lot, there's not much place to go to build a modest.

G

Home and that's what we've been endeavoring to do here, the basic block of the house is 26 by thirty.

G

um We do have the porches in front and there are some um extensions out from that main block of.

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The house and I'll get to explain those in a minute, but we have maintained the um the.

G

Setback of the existing house in that northwest corner or the upper left there, the 15 feet.

G

And, as you can see, that's the house next door is about 10 feet from the property line, so.

G

We're contributing about 60 to the total distance between the two houses there.

G

um The um the back of the house or I'm sorry, the front of the house uh facing the upper right.

G

uh To the to the northeast, that's very similar to the existence and, as harry mentioned, we're kind.

G

Of hemmed in there by the positioning of the well, so we can't go any farther back that way. We can't.

G

Go any farther the other way for the replacement septic tank um by the way the health department.

G

Did approve our existing septic tank, but they have encouraged us to replace with the newer technology.

G

And we're happy to do that. That makes the right sense. They they had a sequence of events. They.

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Wanted us to do to keep the old septic tank, but they went out opened it up, looked tested it and.

G

Approved it, but we're going to change anyway, because it seems like the right thing to do.

G

On the riverside, we've moved about as close that way as we can, we've left the existing.

G

Drain field and there's room for a septic reserve on that side. um We're sort of squeezed.

G

In though you know, if you go to squeeze a balloon, it only can go one way and that's.

G

What we're looking at there, if you change pages, please so family history back in 1957, kathy's.

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Grandfather and his six brothers each bought a lot in this area. They all bought 50-foot lots. This is.

G

The last standing of the original houses um and we're intending to to make that uh a newer home.

G

So our two um grown children grew up here. Spent summers here, kathy spent every summer of her life.

G

Down here in 1989, kathy's grandfather passed the property passed and in october 2017 we purchased.

G

The property from the three errors, with the intent to replace it and as harry noted in 2017, that's.

G

When we started the process here, it's still a family compound kathy's brother and his family.

G

Have the house next door to us behind us or across from the front door, is um kathy's parents house.

G

And on the other side of that is aunt leslie's house now aunt leslie isn't really our aunt, but.

G

Everybody knows her as aunt leslie, I'm not sure how to describe how she's related, but she is.

G

uh Next page, please this is she watching tv she might be watching tv, that's right.

G

This is the county's own gis map and that's my crude coloring applied.

G

The orange are the legacy homes, the homes that are still there- that, as originally constructed.

G

And the purple ones are replacement homes, and my objective here is to show you that.

G

We are endeavoring to build a modest house. What we're proposing is below the average size of.

G

Replacement houses and is in by no means any grandiose type of structure. I think it's also.

G

Interesting to note some of the other setbacks in the neighborhood, you know the house.

G

Farthest to the upper left is right up against its property line. The purple house they're sort of in.

G

The middle is right on the property line, there's other houses that are really close, so setbacks are.

G

An endangered species, when you have 50-foot lots, I guess yeah.

E

Sorry, um I I wanted you to see the you know the the private road there, the 25-foot road that goes.

G

Down beside our property, um and also I wanted you to see that the the property across that private.

G

Road, their property extends further away from the river than ours and the reason that's significant.

G

Is that's where their gate is to get into their property? So they don't use any of the private road.

G

Beside our property at all, except for parking, they don't need that to get to their property. It just.

G

There's there's there's no other means or need for access from that area.

G

Please, thank you. So this is what we have that's the little fishing cabin that kathy's grandfather.

G

Built you'll notice in that bottom picture on the bottom there's a whole lot of concrete.

G

Surface there, even though we are building a house with a larger footprint, we're actually reducing.

G

Impervious cover on the site because we're pulling up so much of what was concrete, different.

G

Structures and get rid of them so overall we are reducing impervious cover, which is consistent with.

G

The objective of the comprehensive plan etc, if you change please, this is what we're planning to build.

G

The elevation in the upper left of the page is the side of the house that faces that private road.

G

And I want to point out that the areas that protrude out and make us a little bit closer.

G

Is the fireplace that is there sort of between those two door-looking windows and the stairwell.

G

And on the front of the house, which is the lower right hand, the protrusion is there in the farthest.

G

Right of the ground floor, only those areas aren't full height. We've tried to diminish them, so.

G

They're not as imposing you'll notice, we've used a modified hip roof. This is also to make the house.

G

Look and feel smaller from outside, so you don't have a two-story wall and a gable. It's just a.

G

Two-Story wall and then the hip roof helps the house feel smaller than it might look otherwise.

G

Next page, please, these are our floor plans and, first let me apologize for the scale of the two.

G

I didn't realize this until after I had sent it down here, but I messed up.

G

The bottom wall of the second floor, where it says, bedroom two on the right that actually does not.

G

Extend that far back, I I put that picture in bigger than it should be. It actually lines up.

G

With the inset wall on the ground floor, so the the ground floor plan on the left at the bottom of the.

G

Page, you can see that little two foot extension that comes out in bedroom number. Three, that's only.

G

A first story extension there again we're trying to minimize the feel of the house. If you look to.

G

The left side of that first floor you'll see the fireplace there and the stair protrusion going out.

G

That's what's causing us a little more grief than we might have otherwise,.

G

This is a view of the private road it. It really is kind of funny to call it a road, because.

G

It's only used by pedestrians, people walking down to the river or for parking.

G

This page, and the next page will show that it's just it's just a grassy area. It's not really a.

G

Thoroughfare at all, it dead ends into the river, and no one has any need for any access to it.

G

um We'll want to think about indirect impacts, not just not just direct impacts but indirect.

G

If you're on the page please so this is the view from kathy's parents house, their porch.

G

So, as you can see, that's our house over on the far right, the existing fishing cabin.

G

Enlarging it a few feet, extending it a few feet, really isn't going to dramatically impact.

G

Their view of the river or their enjoyment of their property as a matter of fact, they are.

G

They're so excited that we're doing this, but you know I know you want to look at indirect.

G

Impacts on properties, property, owner agnostic, so it's really not going to be impacting their view.

D

So what it really means is you'll have a brand new air conditioner for them to.

D

Move over to right! That's right! That's right! Next page! Please! So these next two pages.

G

This is just sort of a a redo of what harry told you. The words might be a little different, but.

G

It's basically the same considerations that you're challenged to address in considering for variances.

G

And we feel like that that in each and every one of them um we're passing the test on what it takes.

G

To to uh to ask for a variance from you and the the next page goes right through number, seven.

G

So on the last page, if you would harry please.

G

I bring back up the detail of the site plan just to show you what we're contemplating we've done.

G

Our best to try to put a modest house on there, we have three bedrooms for kathy and I and our two.

G

Grown children they've grown up there. They view this property, like we do as part of the family.

G

It's the property itself is part of the family and we're trying to treat it. That way.

G

You know to be blunt, something has to change with this property, the house, that's, there is really.

G

Fundamentally, unusable and so we're we're trying to do the right thing and replace it as best. We.

G

Can trying to um evolve it the best way we can? The neighbors have all been notified of this, not only.

G

With the certified letter that we sent out, but through the course of the couple of years, we've.

G

Shown them our plans as they've evolved and they've all been excited about it, and I can't.

G

Imagine any of them raising issues with it, but I think that I'll applaud us and and move us forward.

G

On that, so with that um I'll answer, any questions, if you have any sirs ma'am, um go ahead, go ahead.

A

Yes, yes, sir, I see you have two entrances, which is the main entrance to the house.

F

Well, I'll uh I'll confess that uh early on the interpretation was that.

G

The side, the long side of the lot was to be considered the front, and so we started with.

G

The plans along those lines and that's why that door is there a later interpretation actually.

G

Matches the way we will use the property and the way everybody uses the property where the front.

G

Faces away from the river, so I would bet that we're going to use the door facing kathy's parents.

G

House, 90 percent of the time, okay. Well, it's important to have two entrances. That's for sure.

F

That's right exercise, I understand that, but I just wonder which is, which is the main one.

F

Thank you. Yes, sir. Any other questions.

A

Excellent presentation so, let's hold on until we get uh see if there's any public testimony.

A

um Yeah, if all questions are done, you you'd be ready to open for the public yeah.

C

And um I'm going to suggest you open it to the public in the room. First, okay and then we'll.

C

Check for calls that we will do then does anybody in the room have any comments for or against the.

A

Proposal here tonight that you just heard now hearing none, I would say we go to the.

A

Phones, okay, mr beauchamp um you're, actually done right. Okay, thank you. Thank you. Good presentation.

C

Do we have any callers? We do not have any callers at this time. Thank you very much.

C

So the meeting uh the public hearing was open to public comment. There is no one in the room.

C

Wishing to speak, and no one has called in in that um amount of time, since you announced that it was.

C

Open to public comment very good, then I will close the public hearing portion of the meeting.

A

And ask if the board members have any other items, any questions comments.

A

I think I think the letter that was written is a very well one letter that explained everything I.

F

Think was a good idea, and now now do we feel that all of the variance criteria that were.

A

Listed have been met then yep. Yes, uh I think it was a good presentation and from the pictures.

B

Which I really appreciate does show that the house is older and certainly could use some updating. Yes,.

D

Probably a good air conditioner too, so I'm I'm good with it very good. I'll. Take a motion.

F

In the matter of vaap-17-1104, having made a finding that the standards for granting a variance.

F

And the objectives of section 24.3 and schedule 32.1 at the st mary's county, comprehensive zone.

F

Earnings have been met. I move to approve the variance request.

F

For reduction of the front and side setbacks to replace the existing dwelling. Second.

A

Mr madinsky? Yes, yes, yes, yes! Yes! Yes. Thank you very much um very much. Let's see what else I can find.

A

See all those years on the planning board up in virginia taught you something right all.

A

Right just a second sir, an order reflecting the board's decision will be paired by staff.

A

And signed by the board within 60 days, a 30-day period follows from that date. The order is.

A

Signed during which any ag aggrieved party may appeal the board's decision to the circuit court.

A

The recording secretary will marry you copy the order once it has been signed.

A

Very good good presentation and good luck to you. Thank you. Good luck. It was a very good letter. You.

F

Wrote your letter was very, very good one of the best I've seen you answered all the questions.

A

And now we will move on to case number, two: the dent property, vaap, 18, 23, 31 and harry. I.

A

Guess: we've given you the oath, so if you go ahead with the staff presentation, very good.

C

So this is a variant's case. This one is a critical area and a standard variance the standard.

C

Variance in this case is um to encroach on the minimum required hundred foot buffer.

C

For hydric soils contiguous to a non-tidal wetland, permit number 18-2361-dent property.

C

And those two sections were 71.83 and 71.5.2 71.83. The specific critical area of variance is.

C

Disturbance to the buffer, okay, so the property was posted and the mailings were sent the owner.

C

Is a needed dent? The property is located at four five: nine seven one shannon point lane piney point.

C

69 grid 2 parcel 182. The land use is rural preservation. The zoning is rural preservation.

C

District, the overlay is limited development area and the property is approximately half an acre.

C

23 958 square feet: it's currently occupied by a single family dwelling. Here's the aerial view of.

C

Existing conditions- and you can see the modest structure here- you can tell by the aerial image.

C

The existence of wetlands to the upper right, quadrant and, of course the green, is the creek.

C

So the proposed conditions is to replace it with a house deck and driveway the health department.

C

And medcom have approved the building, permit, the department of land use and growth management is.

C

Working out some design um standards with the um applicant regarding floodplain, this house.

C

Will be required to be elevated, um this property is in the regulated floodplain. um Once again, the.

C

um Soil disturbance is under 5000 square feet and therefore there are no additional stormwater or.

C

Sediment erosion control standards required the critical area commission did comment.

C

In a letter april 3rd of 2020, this is an older application. That's why that letter is that old, but.

C

Nothing has changed and they confirmed that this year and then what's interesting, you're going to.

C

See, um according to our official maps, the property is not fully encumbered by wetlands and yet.

C

The maryland department of environment visited the property and found that the property is entirely.

C

Wetlands and shall be regulated as non-title wetlands. Here's the location on st george's island.

C

There's um showing the zoning map and the property in blue, so here's st george's creek and the.

C

Tidal wetlands resulting in the property being really entirely in the critical area buffer.

C

Now here's the wetland map, the existing structure is the gray square to the left.

C

And so, according to these maps, the property is not fully encumbered, but the property is entirely.

C

Hydric soils which per our standards and this map would cause it to have a hundred foot buffer.

C

um From the non-tidal wetland and as I said, though, mde declared the property entirely.

C

Wetland and they have applied for a wetland disturbance, permit here's the site plan.

C

And so here's the detail of the site plan so once again, a a small house with little disturbance.

C

Replacing an existing um small structure.

C

Okay, so the mitigation required will be 6456 square feet. That's based on 2152 square feet.

C

Of permanent disturbance times, three plus 2 340 square feet of temporary disturbance, minus a 416.

C

Square foot credit for lot coverage; removal, bringing it to a total of 8 380 square feet.

C

Mitigation plan will be reviewed and approved prior to issuance of the building permit.

C

So standards for granting of variance in the critical area is that special conditions or.

C

Circumstances exist that are peculiar to the land or structure involved and that strict enforcement.

C

Of the critical area, provisions of this ordinance would result in unwarranted hardship and that.

C

Strict interpretation of the critical area provisions of this ordinance will deprive.

C

The applicant of rights commonly enjoyed by other properties in similar areas within the critical.

C

Area of st mary's county and that the granting of the variants will not confer upon an applicant.

C

Any special privilege that would be denied by the critical area provisions of this ordinance.

C

To other lands or structures within whoops, sorry, um within the critical area of saint.

C

Mary's county and the variance request is not based upon conditions or circumstances that are.

C

The results of actions by the applicant and the granting of the variance will not adversely affect.

C

Water quality or adversely impact fish, wildlife or plant habitat within the critical area, and that.

C

The granting of the variants will be in harmony with the general spirit and intent of the critical.

C

Area program, the variant is the minimum necessary to achieve a reasonable use of the land and again.

C

That variance is for disturbance of the buffer, because the property is 99 critical area buffer.

C

Now the standards for granting the variance to the non-tidal wetland buffer uh is a standard.

C

Variance, not a critical area of variance and the findings must be because the particular physical.

C

Surroundings such as the exceptional narrowness, shallowness size, shape or topographical conditions.

C

Of the property involved, strict enforcement of this ordinance will result in practical difficulty.

C

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

C

Within the same zoning classification and the purpose of the variance is not based.

C

Exclusively upon reasons of convenience, profit or caprice, it is understood that any development.

C

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

C

And the alleged difficulty has not been created by the property owner or the owner's predecessor's.

C

Entitled and the granting of the variants will not be detrimental to the public welfare.

C

Or injurious to other property or improvements in the neighborhood and the character of the district.

C

Will not be changed by the variants and the proposed variants will not substantially.

C

Increase the congestion of the public streets or increase the danger of fire or endanger.

C

The public safety or substantially diminish or impair property values within the neighborhood.

C

And the variance complies as nearly as possible, with the spirit and intent and purpose of the.

C

Comprehensive plan and I do apologize to the board- I didn't stop and ask if you had any questions.

C

About the maps, the second variance is for the disturbance of the minimum required buffer from.

C

The non-tidal wetland, and so just to back up the green on this map is the non-tidal wetland.

C

The orange is the tidal wetland the 100-foot buffer is measured from the tidal wetland and.

C

So that runs 100 feet this way covering the entire property and then because the property.

C

Is encumbered by hydric soil, the non-tidal wetland buffer is increased to 100 feet so.

C

Now it's 100 feet in the you know as well, so I mean they're overlapping buffers, but it just is.

C

A technicality that it is two separate regulations that they're seeking relief from thank you.

A

The board members have any other questions. No, my usual question. I just want for the record.

D

The critical area commission had no objections, they had their statements of what should be done.

D

But they did not come on board like sometimes they do that. That is correct. They said.

C

You know: should the board find that um they meet the standards three to one.

C

Mitigation for permanent one-to-one mitigation for temperatures- okay, another question on the the the.

F

Letter dated april 2 april 9th from the maryland department of environment, the letter's not signed.

C

Let me bring up that letter.

C

hmm Interesting see, I'm looking at a different letter may 22nd 2019, I'm looking april 9.

C

Okay from the maryland department of the environment, all right! No- and this is the critical.

C

Area letter I'll have to go to board docs for that letter. If you like, it looks like attachment six.

F

Yes, let me go to board docs and what was the date may 11 2019 april 9.

C

Oh, thank you. Sarah.

C

Oh well, that no that's the same one I brought up may 22nd. He says: there's an april 9th.

C

Nice try dave.

D

This is the one inside.

C

uh Mr richardson, would you want to share what your concern is, while I bring it up, is it valid if it's.

F

Not signed well, let's see what it says I'll give you my professional judgment once I see it so.

C

It is attachment six under the attachment. Six, oh well, I'm seeing attachment six.

C

As a wetland map, um this is part of the uh applicants. Oh I'm sorry presentation, part of the.

C

Applicant's presentation, okay: well, then, I think we'll have to um well I mean I can bring that up.

D

Get him off the hook they're next anyway,.

C

ah Here we are I'll just jump ahead to that.

C

F

Second page.

C

Right I would say that this is not a letter. um This is a.

C

I know they've put sincerely regulatory services, coordination, staff and, and so there's you know.

C

Who's going to sign that, but when you look at the beginning, this is con. This is a common document.

C

Relative to a wetlands permit see how they've assigned a tracking number and a permit number.

C

And they've acknowledged that the application was received, so this will progress into that mde.

C

Approval to disturb the wetlands so is, is it a valid document? Oh I I yes, I would definitely not.

C

um I I personally would say this is proof that they have applied to the maryland department.

C

Environment and that the maryland development of the environment has acknowledged receipt.

C

Assigned a tracking number and um and assigned a permit number thank you, and and if we were to.

C

Go down quickly, so they've acknowledged it's for non-title wetlands division to review and you will.

C

Be contacted individually or jointly by the groups so on and so forth. Please note your proposed.

C

Project changes, so I mean we can leave it for the applicants to explain if they think it's necessary.

C

But I'm going to take you to the top of their presentation, because if you have no more.

C

Questions for me, no any more questions. Okay, we will have the app can come up. Who will be.

A

Speaking for the applicant tonight, if you please stand raise your right hand.

A

And state your name michael dent, michael okay, um do you declare and affirm under the.

A

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

A

Will be the whole truth and nothing but the truth. I do very good. You may proceed. Thank you.

H

My name is michael dent address is 45968 shanti point lane in piney point to clear up the last.

H

Conversation while I was sitting in the audience, I have received approval of my permit through mde.

H

As late as this morning, it's the wetland sperm. Yes, I have. I have received that I just gotta sign the.

H

Check and mail that in tomorrow I wanted to find the outcome of this meeting before I did that.

H

But I spoke to them today: mikko camp was a lady who did the review of it, and- um and I do have that.

H

Documentation with me, if it's necessary to show, but I do have that from mde- um just want to start.

H

First of all, I'm nervous and my wife's, not here with me and so just bear with me. We don't bite.

H

um I've been coming down to this place at 45968 shaney point lane for 53 years, and I've watched.

H

The property next to this deteriorate my whole life and we were able to buy it in 2008. The end.

H

And actually, on my birthday december 27 2008, we settled and bought the property in question.

H

Right here on 45971 shanty point lane, the first thing that we did was to install.

H

A sea wall was what I would call it or a marsh creation to stop the washing away of the land.

H

And that's what I tried to explain in my pictures that I showed that the person who, under before.

H

If you would go to the picture, please harry, um he started a seawall back in the 70s when I was a kid.

H

And and you can see where it stopped and eventually the various hurricanes over the time.

H

Whether it's ernesto or whichever one you want to call wiped all that out, and so I know just because.

H

I bought my dad's property, which is the house of joining it, no four that it was encroaching on our.

H

Property, you know I needed to do something to stop it or I was gonna, lose everything, and so we bought.

H

The property I put the sea wall and just tried to stop it and the marsh creations worked. It started.

H

Growing back out, which is great, so that's working, and so then we can finally afford to, and I wanted.

H

To try to replace the cinderblock home, that's there! If you want to go to the next picture or.

H

The next slide harry: that's what the point used to look like and the picture's not a very going.

H

But there was pine trees out there and there's no trees out there right now. There's that whole point.

H

Is wiped out, it's probably 150 feet gone just in my time. um If you go to the next one, please all.

H

Those trees are are gone. You can't see right now. I can see all the piers all the way down the creek.

H

Standing at the foot of my pier- and it's just it's just crushing me that it's just going away.

H

So I'm retiring this year, if you wouldn't mind- and so I put that's my marsh creation.

H

That I put in, as you can see, the trees and stuff are gone and right here in the bottom.

H

Corner that you're, looking at that's all grown back out to those first set of rocks.

H

And so it's working, it's growing it back out. um If you can go to the next one. Please.

H

This is just pictures of that and then maybe the next, where the house is maybe number five.

H

That's the old house: that's there! That's when they put the grinder pump in in 94.

H

It has never been hooked up to the property, it's never been hooked up. um The gentleman has never.

H

That gentleman fell in the 70s and nobody we cut the grass as kids. I was able to buy the property.

H

In 08, and I can finally afford to do something- I've started this process in 18.

H

To um to build a garage there, because I'm consolidating the home in ponford.

H

To this one here and I want to move down there, full time is what I'm planning to do.

H

And I just I need to square footage. I've got two kids that have nothing but grown up here.

H

And they've got families now and the ones with babies can go in the apartment and make the noise.

H

There, um but that's that's what I've got um I'm just here to see, but if you have questions for me.

A

Board members have any questions, no.

F

No sir, no no okay, it closes the testimony. I guess we'll open up the public comment.

A

Anybody in the audience want to speak for or against the property. The proposal excuse me.

A

Thank you, mr kevin. Okay. Hearing, none. Do we have anybody on the phone? I will check.

C

Sherry, the meeting has been open to public testimony. Has anyone called in.

C

There are no calls at this time. Thank you.

A

Thank you, we'll close the public testimony portion of the meeting do the board members have.

A

Any comments, discussion concern, um that's been a good presentation again and- and uh I don't see any.

B

Problems with what this gentleman has has in mind, I think it'd be a good reaction. Just go for it.

D

Okay, yep definitely go for it very good. Do we have a motion I'll? Do it in the matter of eap, 18-23-61.

D

Having made a finding that the standards for granting a variance and the objectives of.

D

Section 24.3 and 24.4 of the saint mary's county, comprehensive zoning ordinance have been met. I.

D

Move to approve the variance requests from section 71.8 to disturb the critical area buffer and from.

D

Section 71.5.2 to disturb the non-title wet gland buffer to construct a single family dwelling.

D

Second, second, any discussion, mr richardson, how do you vote? Yes? Yes, yes, yes, yes, very good, an order.

A

Reflecting the board's decision will be paired by staff and signed by the board within 60 days, a.

A

30-Day period follows from that date: the order is signed during which any aggrieved party may appeal.

A

The board's decision to the circuit court, the recording secretary, will mail you a copy of the.

A

Order once it has been signed, good luck to you and good presentation. Thank you very much. Good luck.

A

Okay case number three uh for tonight will be the lexington park, ford phase, three vaap 2131.

A

0 2 7.. um I guess we will now have harry, give the staff presentation.

A

For the project, yes, sir, and I believe mr mike fitzgerald has joined us by zoom.

C

um I'd like to try to get a sound check from him to make sure we're connected before we start.

I

I'm here I don't know yes, we can. Sir. Thank you. Thank you. Okay, all right, so.

C

Now that we have um a participant by zoom I'll be having to share everything on zoom.

C

C

Can you see that mr fitzgerald.

I

Yes, sir, thank you. Okay, all right, so here we're for um a pair of buffer yard, variances.

C

For the 20-131-024 lexington park, ford phase 3. it's a variance from section 63.3 buffer yard,.

C

Schedule 63.3 point a they're seeking to reduce the required 65 foot.

C

Type b, buffer yard along maryland route, 235 to a 30 foot type c buffer yard and to reduce the.

C

Required 65, 65-foot type b buffer yard, along fdr boulevard to a 30-foot type, a buffer yard.

C

The properties were posted and the mailings were sent out, the property is owned by cody holdings.

C

Their agent was listed as chris longmore, but other people are mr paige wyro is here.

C

um The location is at two two, six, four, three, three notch road california text map 43 grid, one parcels.

C

An amalgamation of parcels, land use, mixed uses um and high intensity is the land use. The zoning.

C

Is high intensity mixed use and the acreage, I believe, is a total combined 26.08 there on this.

C

Particular part that isn't um currently well, it was not in the too far distant past an existing.

C

Home, I believe, that's probably been demolished by now. I could be wrong. The proposed conditions.

C

Though, of course, is to continue development as the auto dealership construct additional parking.

C

Facility for what the zoning classification use of 75 retail sales or service of vehicles.

C

Agency reviews, of course, are ongoing through the technical evaluation process.

C

Here's a location map showing where the property is located.

C

This is your zoning map showing the mixed use, high intensity and the land use map.

C

The existing conditions this picture was taken in april of 2020.. The property in question is.

C

Adjacent to san sushi, plaza, which you see on the right.

C

And the wooded area um that you see towards the bottom.

C

I think I've got that correct, yeah and so here's the site plan um route 235, is to the left.

C

The future fdr boulevard is to the right, and so this particular exhibit portion of the exhibit.

C

Is to show the little bit of buffer yard that was not previously approved.

C

With the rest of the um auto dealership permit, because um when that was approved, they did not.

C

Own this portion of the land at that time, so it's just this little bit um that when they constructed.

C

They would like it to match the previously approved buffer yard. Now you, um you see the red.

C

Okay and then this is the um what I'm going to call the backside where it will join the.

C

Future fdr boulevard and the the buffers there on the upper side along the three-notch trail.

C

Possible future right-of-way there is the approved 15-foot bocc buffer, it's labeled on their exhibit.

C

And approved 50 foot fdr buffer. Those are not um what they're asking for at this time. It.

C

As I understand it, it's the proposed 30-foot type, a on the opposite side of the future fdr boulevard.

C

So here's our um 63.3.8 buffer yard standard chart from the zoning ordinance just to give.

C

You a feel for what these different buffer yards are, and we can go back to that. If you feel the.

C

Need and then here's the illustration of the various type, a type b and type c buffer yards.

C

A close-up type, a so they're proposing a 30-foot type a so they would be doubling the width.

C

As opposed to a 65 b,.

C

And as opposed to a 30 foot c, so the standards for granting the variance.

C

Because of particular physical surroundings such as exceptional narrowness, shallowness.

C

Size shape or topographical conditions of the property involved, strict enforcement.

C

Of this ordinance will result in practical difficulty and the conditions creating the.

C

Difficulty are not applicable generally to other properties within the same zoning classification.

C

The purpose of the variance is not based exclusively upon reasons of convenience, profit.

C

Or caprice, it is understood that any development necessarily increases property value and that.

C

Alone shall not constitute an exclusive finding and the alleged difficulty has not been created.

C

By the property owner or the owner's predecessors entitled and the granting of the variance would.

C

Not be detrimental to the public welfare or injurious to other property or improvements.

C

In the neighborhood and the character of the district will not be changed by the variance.

C

And 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.

C

Or substantially diminish or impair property values within the neighborhood and the variance.

C

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

A

Thank you, mr knight. Any questions. Yes,.

F

Mr knight, there there's two variances one on 235 I understand, but the one on fdr is that.

F

The south side that I'm looking at is where the variance is that's my understanding, sir.

F

Okay, but on the north side, that's not for discussion tonight.

C

That's how I understand it, of course, mr weiro and the applicants um can clarify. So it's.

C

Important that they have their opportunity to speak and make sure that they request and.

C

Obtain the variances that they desire, not the variances, as I understand them. Okay, thank you.

D

I may be confusing at this with maybe one of the other dealership ones that have come through over.

D

The years at the time, I don't think the county had obtained their access for the fdr in one of our.

D

Discussions in prior history- I take it when it's reflected here. This is the county property for fdr.

D

Correct mr weiskopf would be able to answer more definitively. Okay.

D

Oh happy to answer that. Certainly, mr brown, what you're looking at is where fdr.

J

Is going to go, the county and cody holdings or lexington park have entered into an option.

J

Contract for the county to purchase that okay and since I'm sitting here, I will go on to tell.

J

You that, as part of that option, contract was for the county commissioners via myself sitting here.

J

Tonight are actually in support of both variances. Just for what that's worth to, let you know.

D

No, but I remember in the initial discussion we got wound around the axle.

D

Only to find out that nobody had that land. Yet at that point, that's not the case in this one. Okay,.

D

There's a there's a signed option contract. So, okay, good enough! It's all about clarifying and you know.

A

Who, who will be building the roundabout, that's shown on the plans.

J

We may as well bring the applicant up, but the county will be okay as part of fdr. Okay,.

D

711 money right: I could have gone all day without saying that before you get started hold on. Please.

A

um Fdr boulevard has been classified as a transportation corridor, as 235 has.

A

Mr knight, oh you're, um you're questioning how the land use reviewers classified.

C

The right-of-way for the application of buffer yards- that's correct, good question.

C

uh Mr weibridge, why don't you go ahead and have a seat.

A

Do we swear you in or I'm not gonna? No, somebody else will be sworn in.

K

Mr brown, I'm just up here to run my mouth. As mr brown knows, members of the board may know.

L

He's the attorney okay.

D

Usually you say more more fischer's cell tower stuff.

L

He's calculating oh yeah, we drink capital.

L

But that's worries.

C

So it would appear that um in order to be required to have the b buffer yard.

C

To reduce this required 65 foot b buffer yard, along that the land use reviewers, did consider.

C

It to be a right-of-way, um as uh described as a public road.

C

Right-Of-Way having a major collector or higher road classification now, um I guess.

C

You know they're just seeking the variance now so that when that gets constructed in the future.

C

It will have already been granted and then the land use is accommodating them. I mean you could.

C

Say how can you need the variance when there is no physical right of way and you're actually.

C

But I mean is that your point chairman? No, no, I understand the right of ways there. I.

A

Understand what the proposed use is. It was just the classification of the roadway as a.

A

You indicated would be a major, a vector or higher, no um oh well, apparently so public.

C

Road right-of-way having a major collector or higher road classification. I you know.

C

I have to plead ignorance on this subject. I asked the department of public works.

C

um To be here, um because they are the department who classifies roads in saint mary's, county.

C

The department of land use growth management does not classify roads, okay. Well, the only thing that.

A

Would really do is that would prevent the applicant from having to ask, because it's.

A

Already there, but if we're asking and we get it approved, I guess we go forward suppose it does get.

C

Classified major, collector or higher, the variance is granted suppose it does not get classified.

C

They have a variance; they didn't need right right, right, okay,.

A

Any other questions of the board members, no okay, the applicant um good evening, paige weirope,.

K

Council on behalf of the applicant with me here tonight on zoom is mr mike fitzgerald.

M

I'm sorry with me tonight is mr uh mike fitzgerald he's on zoom he's the I.t director.

K

For for cody holdings, I've got mr hosendorf from who's from soltez, and I've got mr dale.

K

Weems, who is the owner's representative for the construction of the two, the existing conditions.

K

Map that they showed you is a bit out of date, as mr knight indicated, since that photograph.

K

Was taken, the ford dealership is now open and the chevrolet dealership is well underway, but maybe.

A

For, if we excuse me, if we could, for those that will be testifying, maybe we could have them give.

A

uh I'll have them give that testimony, but I wanted to forewarn the board of of this sort of variation.

K

On the theme for you, okay, the statute requires um or provides that the zoning ordinance will be.

K

Only or excuse me if a variance granted will only be good for a term of one year that makes.

K

Little sense with respect to the fdr aspect of this, because it's going to be quite some time.

K

Before fdr will be built, so what we would ask you to do is, um as you are empowered to do under the.

K

Ordinance is extend that period of time for a period of one year after fdr is completed.

K

That's number one number, two: with respect to the variance on on 235.

K

As you may or may not know where I've read um construction uh material prices at this point in.

K

Time because of kohit are extraordinarily unstable and have gone. You don't have any cars either well.

K

That's true, too, um you know they've got cars sitting on the lot with without computer chips,.

K

Which they can't sell, because there are no chips. Additionally, um the lead times on orders.

K

Are worse today than they were in covit, so they are going to five to ten times worse.

K

By by some reports, um so they are going to do it. But what they're going to ask the board tonight.

K

To consider is a an extension of instead of one year, make it a two-year variance, because they.

K

Simply do not know when they're going to be able to afford to build the construction or um having.

K

Decided whether or not they will be able to build the um improvements in a timely fashion and that's.

A

The variance on the front of the problem on 235, so the variance in the rear, would be one year after.

K

Fdr boulevard has been, and with respect to 235, instead of one year's a two-year period.

K

um They may start in the fall I I don't want to, but we just just don't know.

K

And with that, I call mr hosendorf up here who's going to give you the um applicants.

A

Will he be the only speaker? No I'm going to have. Mr williams speak to the materials on supplies.

K

Aspect and then, mr mr fitzgerald is available for questions from the board with respect to the.

K

Maybe if we could have them all stand and again state their name, and I will then swear them in.

N

My name is greg hosendorf and you're with and I'm with sotes okay, you are dale williams and I'm with.

O

Cody holdings- okay, dale waynes, yes and mr mike fitzgerald's with us by zoom. Can you hear us mike.

K

I can't certainly okay now, if you all would uh follow along with the swearing in please stand and.

A

Raise your right hand, do you declare and affirm, under the penalty of perjury, that the testimony.

A

Responses and statements you may give will be the whole truth and nothing but the truth. I do. I do.

N

And then mike, I do okay, very good, all right I'll start with uh mr williams, since he's.

K

Closest to me, mr williams, um what do you do for a living? I am in construction. I've been in.

O

Construction for over 40 years, I do commercial and residential and I can tell you that what.

O

We're seeing now with covet and this industry is nothing I've ever seen before um we're looking at.

O

Eight months turnaround on garage doors, um we're looking at 500 percent increase on tuba force.

O

And the last six months um steel is getting unobtainable aggregate is getting unobtainable.

O

um And it's no doesn't seem to be any end to it anytime soon um the suppliers are telling us.

O

It's workforce, they can't get the stuff produced because they don't have the manpower to catch up.

O

With what they got behind on, and it just doesn't seem like it's coming around any faster than.

O

What we'd like, um I also do inspections for calvary county, sometimes and I'm doing finals on.

O

Excuse me on houses over there with no dishwashers and no idea when they'll get a dishwasher um and.

O

They're trying to go to settlement no garage doors, and it's just it's crazy right now, all.

K

Right well, um so what is your connection with um cody holdings? I'm the owner's rep? I try to take.

O

Care of all of the outside construction, day-to-day responsibilities of keeping the management up to.

O

Date with what's going on and coordinate with the general contractors and just generally overseeing.

E

All right and were you um the owner's representative for the construction of.

K

The ford dealership- yes, I've been involved in the ford dealer property since 2013 when they first.

O

Began the acquisition of the properties all right- and you know you heard mr knight- acknowledge that.

K

The aerial photograph that they took was all was old. Has the ford dealership now indeed been opened.

K

Ford ship ford dealership is open and we are actually putting ceiling tiles in and getting.

O

Ceiling close-ends done at the chevy as we speak, tile's going down, plumbing fixtures are going.

O

In so that's moving along very well also, but we have run into a lot of situations along the way.

O

Forward wasn't too bad: we started to notice it in chevy that things were starting to be slower.

O

Getting them, the vendors are not being upfront and honest about lead times until after you've.

O

Signed the contract, and then you find out that what you thought you could get. It wasn't going.

O

To be a problem, that's now turned into a problem and to get a two-week delay on this, because.

O

Storefront glazing didn't show up or light metal gauge steel, studs or something didn't show up or.

O

Something just didn't show up because it just wasn't available um and it's proceeding along.

O

The same lines and continuing to look the same way, all right and so so you're certainly not going to.

K

Use the dishwasher on the lot. That's currently in consideration for the board tonight, but.

K

You you reference stone stone's got a direct imp. The availability of stone has a direct impact on.

K

What you do on that site right, correct! It's going to be a lot of stone, a lot of aggregate.

O

With the underground water storage, construction has to take place for the stormwater management.

O

Even those structures I mean there could be delays in getting those structures made.

O

Built and delivered on the site to be able to get it all wrapped up and done within the year's time.

O

All right so that that would include the the underground concrete piping and the availability.

K

The concrete curbing, etc I mean both pricing and and supply with respect to the actual work.

K

Contemplated on that site today, correct: that's all I've got for mr williams. Okay, any questions.

K

No sir, no I'm I'm good with that. I understand that the need for to.

B

Extend these variances, I understand that. Okay, all right all right! Well, next, I'd.

K

Well I'll briefly, mr mr fitzgerald, what do you do for um a living.

I

That's the six million dollar question: I'm the I-team director for the management company.

I

But I'm also um well, I got a fedex, I'm also uh the project manager for all the.

I

Construction projects that we've done over the many years, all right and and do you.

K

What it, what is, cody holding's current position with respect to proceeding.

K

um Of on the construction of phase three, which is the on the lot in front of the board tonight,.

I

Well, we'd like to do it but, like dale said, the costs have just gone up so much and um we're.

I

Just trying to really figure out the best path, for maybe some value, engineering or things like that.

K

All right, um but is it your intention? Does mr cody have an intention to build within the next two.

K

Years, yes, thank you nothing else. Unless word have any questions. No, mr sterile! Well, I have just one.

D

Question it has nothing to do with this subject here, but mr fitzgerald, since you're working.

D

Directly for mr cody, who I know is a very uh avid uva if you'll notice, my tie is virginia tech.

D

Alumnus, I just didn't know if you were also a uva grad.

I

I'm not I'm an air force, grad. Okay, just wanted to know just remember mr cody wasn't here, and I.

D

Could torment him a little bit? Okay, while we're commercializing, let's say: go terps.

D

That's all, mr chairman, thanks next uh call, mr hosendorf, okay, good evening, I.

N

Just wanted to go through a quick summary of the site. I worked for sotez, I'm the engineer.

N

For the job and worked on this in conjunction with uh jim gotch and a couple of other engineers.

N

At soltez, but we'll probably I'm just going to be reiterating a couple of things.

N

As was discussed earlier, the current zoning for the site is mxh. uh Mixed use, high intensity.

N

This current this, as we said before, this is the third phase of the uh lexington park, ford and.

N

Eventually, under the ultimate development, this will house a third dealership as uh mike and.

N

As dale has spoken before that we're looking to you know phase that bring that along gradually.

N

Based on the costs and availabilities of materials, but this site in the ultimate condition is looking.

N

To house a third dealership um as spoken before, we are requesting two variances, so the first.

N

Just a a little bit of clarity, the the variance that is along 235. It is a 30 foot, buffer yard c.

N

And then on the rear portion, it would be a 30 foot buffer yard, a that would have butt fdr boulevard.

N

The difference between the a and the c is just the density of the plantings within the buffer yard.

N

um Just as a description of the site harry when he uh he had the the planned view earlier and.

N

You could see that fdr boulevard does bisect the site, it intersects the site and a part of what.

N

We're asking for the variants that get the reduced buffers is because once fdr boulevard goes through.

N

Having the 65 foot buffer yard on both sides of the site creates part partly creates a hardship.

N

And reduces the amount that could be developed so with that the foot buffer yard that is reduced.

N

It would allow us to have a smaller buffer yard, but also to get the storm.

N

Water management that is necessary for the development of the future phase and the rear.

N

Let's see oh as as mentioned previously, there is an options contract between the developer.

N

And saint mary's county for the future fdr boulevard extension, which the which saint.

N

Mary's county has agreed to support on the buffer reduction variance and, lastly, the uh the requested.

N

Reduced buffer yards, they are consistent with the buffers that are already along 235.

N

As it was mentioned previously, we already had a reduced 30-foot buffer to the west. Oh yes,.

N

To the west, or to the northwest of our location that was already approved. So when we, the 30-foot.

N

Buffer yard c along 235 that we are requesting, it would match that same buffer. That's already there.

N

um As well as the properties that are along that will be along the the fdr boulevard alignment.

K

Let me stop there, mr opendoors. I know you've repeated the.

K

Next part of your um powerpoint has got the seven criterion that the board's got.

K

To consider for the variants, I don't think they need to hear them for the third time tonight, but.

K

But you're familiar um are you not with the um applicant's presentation I mean a letter.

K

To the board or to the land, use and growth management dated march 11th, in which all the.

K

Factuals statements are made that address the seventh criterion, require you're, familiar with.

K

That letter, yes, sir all right, do you adopt the factual representations and that letter is your.

K

Testimony here, I'm sorry: do you adopt those the factual representations in that? Yes, sir letter.

K

Has your testimony tonight, thank you, um that'd, be the applicant's presentation, questions of the.

A

Board um on there's no, it's under construction, but have you installed any of the buffer yet.

B

No, no none of the buffering is not in that section, not on phase three. No, no. What about in phase then.

K

The other two, the other sections in the other two on phase one and phase two forward and chevy. Yes,.

O

Yes, but you don't have any pictures or or anything or presentation. No, I I did not bring.

N

Any pictures of the existing buffer with what it looks like I didn't have that with me. It was.

N

Inspected and looked okay well, go ahead, has it been inspected? I think it's in the process of the.

O

Yes, it's been in the process of getting the bonds and all released on the vegetation and the buffers.

O

And everything on those two sections now I'm just wondering if you had anything so I mean.

K

As a as a condition to get use and occupancy does that work have to be completed.

B

Yes, I know I just wanted to see what it looked like: we're not allowed to visit the site so well.

D

I just wanted to see how many cars are parked up on the buffer. There you go, I mean that's the.

D

We sit here as a board and argue over what size buffer it ought to be, and then, when the place gets.

D

Built we have cars sitting on the sidewalk, which I don't know who, in this county enforces that, but.

D

It kind of like almost renders this stuff moot when you see how it's implemented. Well, I'm not.

K

Testifying, but I was there a couple days ago and there were no cars parked on the sidewalk.

D

Even though your people across the street may have right, I wasn't looking at so I'm not going to cast.

K

Aspersions on somebody else, so I wasn't looking for them. Cody may own that too, I'm not sure.

D

We do have some display parking sites that were approved in the site plan up by two guys.

O

So you may see some out there, but okay, it's just a.

D

Another zinger sort of like a virginia tech barb here, mr richardson yeah on the buffer.

F

On 235, it's just a continuation of what's already there is that correct. That is correct and I think.

O

That's pretty uniform with the other auto dealers on the way down, 235, also, okay and.

F

I think of it, but let's go to the buffer on 235 on on fdr, and what I'm looking at is a roundabout.

F

And as you're coming from your property, you have to turn right on the roundabout.

F

That bumper obstructs your view from oncoming cars.

O

No, I think that um public works and everybody looked at that in the plan and thought that or.

O

Determined that we had adequate site distance on all of that- okay- just maybe yes, harry- can.

F

You pull it up there in the bottom right hand, there it's right in the center of the picture.

C

Is this the right picture, sir? Yes, it is, and you see the roundabout. I do. Okay, coming from the.

F

South partial, going to a round about you, you automatically have to take a right-hand turn.

F

Does the buffer either one of the buffers block the view from the oncoming traffic from the left.

F

Did I explain it correctly? Oh yeah. um Typically, when you, when you're looking at the layout and.

N

The design for that they they as a part of the engineering process you have to.

N

Analyze the sight distance and whenever you draw your sight distance line, usually they provide an.

N

Easement, but because that is already within the right-of-way, the buffer would be outside of the.

N

Right-Of-Way, it shouldn't prove it shouldn't and I'm just I'm eyeballing it from here.

N

But it should not the angle of the intersection. It should not present any kind of visual obstructions.

N

Based on what's in the right-of-way yeah, and I would yeah, I would add, that.

C

It may be hard for you to see it up on the screen. I have to get close to see it myself, but.

C

The sidewalk, so the actual travel lane is deeper in the right-of-way and then there.

C

Will be a sidewalk in the right-of-way and then a little more green space before you even get to the.

C

Property line that you measure the 30 feet from okay, so you don't think that there's the buffer.

F

Would obstruct your view for oncoming traffic, no sir, it, and once once we say when we get to.

N

The phase four development we would a part of the review with dpw, they would make us show the sight.

N

Distance and then if there was any any obstruction or anything in that line of sight, we have to.

N

Provide a sight, distance, easement to say well, this portion of the buffer would not be planted. Okay,.

N

Thank you, you explained it well. Thank you, thank you um and, and I just for the for the record, I'd.

K

Add during the and I think mr weiskopf will agree, there were some pretty thorough back.

K

And forth on the engineering of that roundabout that went into the option agreement because that.

K

That roundabout needed to be engineered to a significant degree before we could reach an.

K

Agreement on the option agreement- that's correct, dpw and sultan's worked for four or five months.

K

On refining the design of that roundabout, before we finalize that agreement, so you're confident.

F

That's where the roundabout is going to be gonna move your mic, I'm sorry, confident! That's where the.

F

Roundabout's going to be that the sorry, the the typically I speak so loud people can hear me.

K

That is, that is where the roundabout's going to be. That is, that is what the agreement provides.

K

That's what dpw's agreed upon that's what cody's agreed upon! So that's where it's going to go.

K

Thank you. So the county's plans are to a point where they're they're finished they're happy.

A

They got all the slope easements everything's everything's, the ending. That's what the agree.

K

That's what the option agreement provided addresses all those all those easements.

K

That were required from cody to build that roundabout are in place under the option agreement.

A

Any other questions.

A

Any other comments, nothing else, we'd ask you to favorably consider the extension of the two.

K

Variants, time periods for the two variances involved.

F

You're asking for a two-year option on the 235 uh on 235 for an open-end.

F

Option on well one year from one year from the date of completion, there's a there's, a.

K

There is a time schedule which is contemplated for the construction of.

K

Fdr that's contained in the option agreement and it covers a wide period of time to give the county.

K

The flexibility that they need and they may be as impacted given some conversations they had with.

K

Mr weiskopf, before the hearing as much by the construction cost problems on the construction.

K

As we are, so we don't know when it's going to be built and when fdr is going to be built.

K

And certainly they don't want to spend the money on putting plantings in place.

K

If there's going to be contractors coming up and down running their trucks, etc during the.

K

Construction of of fdr boulevard, so I know it's a bit vague but, as you know, the the our option.

K

Agreement contemplates it will be completed within a specified period of time, which is really kind of.

K

Opening that mr weiss calls shaking his head or nodding his head over there, I think he agrees so.

K

One year from the date fdr boulevard is is completed across cody's property is the best that.

K

I can do what do we want to call completed well substantially completed, how about open the traffic.

K

I mean what do you? I think that the intent would be to try to work with the.

O

County with their road plans and our plans to have it all come together, so that it's not.

O

Counterproductive on either part I understand that, but I think for what we're going to.

A

Propose a motion on hopefully, for your sake, is that you know we need to define. I think.

A

Completion, it is a completion of asphalt, open the traffic um 100 completion contract released.

K

uh Mr mr weisskopf says asphalt and I think does that work yeah. I think so. I'd suggest.

A

Open the traffic, but that's not my place to that- would give you more time if, if you want to do open.

K

Detroit, mr weiskopf saying that's fine with him and I would, I would say, that's the intent of the.

C

Zoning ordinance we're supposed to be buffering the traffic right, okay and then the the the on the.

A

Back of the property, the buffer that we're talking about is just phase three, that that backs up to.

A

The back of phases correct: it is not across on the other side of fdr boulevard that is correct. Okay,.

K

They don't know what they're going to do with that property and they can't propose a buffer to you today, okay. Well, I have no problem at all on 235, but on the fdr.

F

I just don't like open-end contracts or open-end ideas, but if it's only a buffer.

F

uh I could probably go along with it, but other than that. I just don't like open-end ideas at all.

E

Should be a sunset clause and everything I I appreciate that. It's that the the concern- and I.

K

That I'd agree with you, but then again. By the same token, the quandary that cody faces is that our.

K

Option agreement with respect to the construction is open-ended to some degree as well, so we're.

K

We're beholden to what the county does and doesn't do with respect to the construction of fdr.

D

Well, I think agreeing to open to traffic clarifies that at least a little bit yeah. Thank you.

C

And they are asking for correct me if I'm wrong one one year from open, that's correct.

A

There is a there is a sunset date yeah, so they have a year to finish. Completion do punch list.

A

Items those sorts of things- so that's, I think, that's reasonable yeah, you being an old pw type.

D

I know you understand yeah for a buffer. I I can. I can go along with it. If anything else.

F

I don't like open-ended ideas, you should have a sunset pause and everything.

A

Okay, any other questions from the board members: okay, I'll open the meeting public.

A

Comment: anybody in the audience want to speak for or against the proposal. Yes, ma'am.

A

Okay, um we're going to swear.

C

We need you to come to a microphone, maybe we'll bring up where you want to.

C

Okay, a little seat there. Okay, if you hope before you before you before you sit down, would you ask.

A

It thank you very much raise the right hand um and do you declare an affirm under the penalty.

A

Of perjury that the testimony responses and statements you will give will be the whole truth.

A

And nothing but the truth. Yes, would you state your name and where you address for the record.

M

Eve, taylor and I live at 22441- cornwall drive california maryland, which is insane sushi.

M

In which ford is right down from us before, I have to enter into the development.

M

I was really trying to keep up because I'm a layman to all this, but I was interested to see.

M

Where further fdr boulevard is going- and I was interested in seeing where, from this picture.

M

Where the entrance- but I can see because I see helsley and housley- is further down in the front.

M

So from what my perspective again being like, it seems as though, if you put in that fdr boulevard.

M

You're, actually talking about getting rid of some of the houses that are closer to mckay's.

M

Now it used to be uh shoppers now it's mckay's, so those people there, which I know every single one.

M

Of them, because I have a non-profit ministry and I feed a lot of them- it's going to be taken down.

M

Those houses put in the if you, if I'm getting this correct, you know that's your department, not mine,.

M

Yeah, the the the uh proposal before the board is um variances from a future fdr boulevard and the.

C

Property that they're requesting the variants on um does not contain any houses at this time.

C

At this time, correct- and we are talking closer to mckay's parking lot in the back, not in the front.

C

That, well, that's not the section of fdr boulevard that is being discussed this evening, but it isn't.

M

Further back um fdr boulevard is anticipated to run all the way to lexington park, eventually.

M

Interesting, okay, so um well then my comment is: uh I have been into the dealership already. I've.

M

Been I've gone in there and it's very beautiful ma'am, I'm sorry to interrupt. But why don't you.

C

Sit down so you can speak more comfortably to the microphone yeah. I don't want to take his.

M

Butt I'll leave it to you and get in trouble with that mic. So um yeah I've been at the dealership.

M

And it is lovely it's nice. Our concern was with the traffic because we do have the right of way.

M

You know to where we can go further right to get into our development. I mean so far. It's not been.

M

Packed but they've had quite a bit of business and there's a lot of cars there and um I don't.

M

Perceive where I can see any trouble, I have no problems. What they're going to do? I just.

M

Really want to just get clarification of where the fdr boulevard was going to go run through so.

M

Whatever they want to do, I'm all in for it. They classified me as care of san sushi association.

M

So I guess we're going to say: yeah we're for it and whatever they'd like to do to make it.

M

Happen because it is beautiful and I think it will bring a lot of business. You know.

M

And as far as the traffic, if it keeps up the way it is right now I don't foresee any trouble so.

M

I think it's a nice projected proposal that they're giving you that's all. I have to say.

M

For sen, sushi association, any questions of the board. Thank you very much. Thank you very much.

A

Any other comments from the audience any comments on the phone. We shall see.

C

Ms young, the public hearing has been open to public comment. Do you have any.

C

Callers there are no callers at this time. Thank you very much. Thank you.

A

Thank you I'll close the meeting to public comment and open it up for board discussion.

B

Well, like mr brown, we've had this all before and uh really upsets me when I drive along and I see.

B

Vehicles right over the sidewalk they're, the the a buffers I've I will never be in.

B

Favor of another, a buffer whoops, I'm not not for a car dealership because they literally.

B

They'll drive him right up on top of the rocks or whatever it is, I'm you know, I feel sorry for.

B

But I'm I'm just not in favor of that, but the the front buffer on 235. That's a 30 foot c.

B

Well, that's good and fine, but the one on the back is a 30-foot, a I'm. I'm not.

B

In favor of a 30-foot a I'm, I prefer a c I'm just saying I get tired of looking at vehicles.

D

Just making the scots law the whole process and my question is who's, whose job is it to.

D

Enforce, I don't know the police department, the commissioners property owner, what's what's the.

D

Purpose I mean, I don't understand, that's what bothers me. I know, but the sea buffer.

B

Is a little more preventative yeah I understand and it's 30 foot. That's to me. That's the biggest.

B

Concern it's not 65 foot, it's not cumbersome, but uh you know may prevent some of that.

B

That's my comment: the proposal is to have a 30-foot buffer on both the front and the back.

A

It's just a matter of plantings right the front is c and they're proposing a on the back. You.

B

Want to tell them I'm not in agreement with that, but as far as the uh you know, the one year after.

B

Fdr is completed, I'm I'm good with that and the two-year on the front 235, I'm good with that.

B

Just okay yo go ahead! That's where I'm at.

A

Any other comments, questions somebody won't try, motion or I'll go through it, but uh with.

D

The conditions- and I don't know if we're still going to have a discussion or just.

D

Put it through and see how the vote is. Okay, let's get something: okay in the matter of vap.

D

20-131-027 lexington park ford phase three, having made a finding that the standards for granting a.

D

Variance and the objectives of section 63.3 buffer yards and get my right column here, buffer yards.

D

And schedule 63.3 a buffer yard standards of the saint mary's county, comprehensive zoning ordinance.

D

Have been met, I moved to approve the variance request to reduce the required 65-foot type b.

D

Buffer yard, along maryland routes, 235 to a 30 foot type c buffer yard and to reduce the.

D

Required 65 foot type b, buffer yard along fdr boulevard to a 30 foot type, a bumper yard. Now.

D

With the following conditions, one that with the uh fdr buffer would be completed one year after the.

D

Completion and opening to traffic on fdr boulevard through that enter through that property and.

D

A two-year variance on 235 due to issues associated when obtaining materials.

A

Is there a second to the motion? Second discussion.

B

Well, I said one piece: I'm not you've said your piece, but I didn't I'm in favor of the first.

B

Part, but not this, I said I understand what you're saying so. Would you have to separate those two but.

D

I'm also saying, if nobody's going to enforce it, they're going to park their cars any damn where.

D

They want to that's the problem. Well, that's no reason for us to right to not well what.

D

We're doing is trying to put a few obstacles to this in there. That's no reason for us not to try.

F

From when I looked at that, that's a storage spot rather than advertising cars, am I correct on that.

F

Yeah you're correct: that's our plans for that! That's overflow, so part of fdr.

F

Is more for storage of cars and parking cars and not for display? That's my understanding.

M

You really think all those cars are going up. Fdr boulevard they're not going to display something.

F

I I I kind of think I'm I'm sorry they're going to display something. No, I'm looking.

F

At the proposal is that storage and not display now they're, going to display.

A

Now you would, you would prefer a 30-foot buffer in the back type c, with a c bucket button.

B

Yes, with with so that would end up three more three: more canopy trees, three more understory.

A

Trees, 14 evergreens and shrubs 17, more shrubs per thousand square feet and a berm and a fence yeah.

A

Let me go back a second. I thought the buffer in the front, the c buffer, that.

A

Was being proposed was also without a burn? Well, I don't need the berm or the fence.

B

I don't see that in the sea buffer, that's on the.

A

Crack that's presented here, I don't see an offense or uh it doesn't. It doesn't say that.

B

Yeah yeah I'm not in favor of the berm or the fence. Okay, we'll go back to a c buffer. I don't I'm.

B

Not sure the c buffer that we approved before has a berm work. So, what's in front, we do in the back.

A

Correct what we do on the front on 235, you want to do the backbone fdr right. Yes,.

B

I'm not sure, maybe they know when we approve that the greg god.

N

Yes, just to clarify, um if I'm understanding right you're wondering does the.

N

Buffer yard see contain a fence or a berm. Yes, yes, that in the standard detail it shows that.

N

But there's only certain sections of the zoning ordinance that it'll specify when a.

N

Fence or a berm is needed, but the one, the the buffy rc, that we are showing on our plans and.

N

That we're requesting would not include a fence or or burn yeah and that's correct. You have to.

C

When you look at the schedule so before you get to the pictures, you look at the schedule.

C

There are footnotes associated with the fence and berm, and it explains that only certain uses.

C

Specify the need for a fence or berm, and this use does not um it does not does not. Okay, I was pretty.

B

Sure that it wasn't offensive burn before and so really we're talking about a few more trees, a.

B

Few more trees, strawberries, yes, yes! Well! Actually it was a double a right, so that would in fact be.

D

One more tree than a c: are they yeah? Well, an a is calling for four under story: trees.

D

And they're suggesting a double what words in it: where's the double a yet.

B

I thought they wanted a. Where did that? Come: okay, okay, I think on one slide, somebody said two times.

D

So but in reality you're just saying to space, but you only want four trees in that space: okay,.

D

Enough said, clarified: okay, I was asleep so we're saying three more trees and.

A

Double the shrubs so we're going to modify we're going to amend the motion to be a c buffer yard.

A

With and planting on, the back property line for the fdr for the fdr boulevard.

F

And that is 30 feet. Is that correct? Yes? Yes, I understand that 65 feet.

B

I'm I'm all for that. I'm just trying to stop some of the shenanigans.

B

Okay, the shenanigans part well. Well, I understand the shenanigans part, but but what you're doing is.

K

You are fdr, boulevard is going to be it's going to go where it's going to go.

K

And all these existing lots are already there and those people are going to do whatever they want.

K

And this board's not going to do anything about it and you are taking one lot. One owner.

K

And you're trying to make an example of him for what every other car dealer is doing in.

K

Different places by trying to change the rules and apply the standards differently under the.

K

Certain circumstances to address mr mizinski's concern, which I understand but you're killing.

K

An ad with a sledgehammer and you're and you are treating them dis, cody disparately from.

K

Way, other people have been treated so I'd urge you to reconsider the path you're going down.

K

You don't like what they, what what's going on with it then tell zoning to enforce the rules.

K

Thank you speak up a little bit on behalf of the county. That's in support of this and part of the.

J

Reason is because I believe if you look at the slide that was shown where fdr goes it's about.

J

Based on that storm water management, I think the county took about three and a half acres.

J

From cody's property, so we've you know the county's taking three and a half acres.

J

We've also, you know, if you put this, you know large uh buffer yard on both sides of what we you know.

J

Of what we've already taken, then we've really really done some damage to this.

J

Small business man we're not changing the size of the buffer yard, you're changing the ch right.

D

The density of the density and that's just one, the what they asked for in the first one we're.

B

Completely so it's just additional plantings all right! Well, you.

J

You talk about going, I think it's going from 10 shrubs to 27 shrubs. I mean that's a it's a large.

J

Difference but that's what the board is here for. I was just giving you the county's perspective and.

K

From my perspective, how does it accomplish what you're talking about um your your concern, because.

K

Everybody else is going to keep on doing what they're doing if zoning doesn't enforce it.

K

Number one number two: when fdr is built along the backside of all those other existing dealerships.

K

You've imposed uh additional requirement on cody that you're not going to impose on those other.

K

People you're trying to fix a problem that exists today before your approval of this one way or the.

K

Other well really with cody we're not imposing anything on them, we're giving them a variance.

A

Of what is required, I I understand that, but in in the face of a similar variants granted to.

K

Other dealerships up and down this, this drag that you are, and those people apparently or there's a.

K

Concern that they're violating existing rules so instead of enforcing those existing rules.

K

You want to impose a condition on cody that you haven't imposed on anybody else.

B

That's not really what's going on the a buffer doesn't prevent or stop.

B

From driving whatever vehicle you want up there, the c buffer will.

K

But, but if if, if other people have been allowed to use an a buffer in similar circumstances,.

K

And you've decided that you're irritated because they're driving vehicles up on sidewalks and.

K

Leaving them there, this change in approach doesn't solve that problem and it solves it on one lot on.

K

Proposed fdr boulevard that will have no impact on what anybody else does on fdr boulevard. They.

K

Will be able to take their cars and push them to the curb or push them to the side of the curb, with.

K

With people driving down them because there are no planning requirements that are going.

K

To be imposed on these people in connection with the construction of fdr boulevard, I can't stop.

B

What's happened in the past, I unders. I understand that, but but look at what I have here tonight.

K

Understand but I don't it's it's it's I don't think it. I don't think it solves your problem.

K

And and the way to solve your problem is to is to direct that the zoning law is being forced.

K

Or suggest to the county commissioners that that's what they do. Thank you.

D

Well, as as one voting member as one voting member, I have to agree with mr warro.

D

I see it as an enforcement issue, I.e the commissioners and not an issue of, shall we.

D

Say: legislative and that's what we are semi semi doing when we set up this criteria so.

D

uh Anyway, that's where I'm coming from so I don't know whether we'll go to a vote.

D

Either split it apart or do a vote on one and then vote on the other and see how we.

D

Make out there was a motion with a second uh that's right, yeah and that's where we are.

A

That's where we are, I understand, okay, the question is, is do we want to modify that and.

A

I have heard nobody make a suggestion that we modify that. Well, you can go with the one vote.

B

And if that passes, it's done, if it doesn't pay us, then we'll have to um so. We have a motion on the.

A

Floor, it's been discussed, so what is the motion on the floor? Is it 30 30-foot a or a 30-foot.

F

C, I believe the motion on the floor was as written by staff to um yes c. Yes, the the 30-foot c on.

C

Route 235 and the 30-foot a on fdr boulevard right correct with the time period as requested. Yes,.

F

I second we have this yeah. We had the second one. Okay, let's go for a vote, mr richardson. Yes, yes, yes,.

B

No yes, okay! Well! That's fine! Okay motion. The motion passes.

A

For the applicant, I would like to remind you if I find it that an order reflecting the board's.

A

Decision will be prepared by staff and signed by the board within 60 days. A 30-day period.

A

Follows from that date, the order is signed during which any aggrieved party may appeal the board's.

A

Decision to circuit court, the recording secretary will mail you a copy of the order when it has.

A

Been completed and signed again, thank you for your presentation. Good luck with your project! Good luck!.

A

Thank you, okay, fun part. Pardon me, another fun part one all right good morning is that my ears.

D

Mine got yellow on it, I'm sure. Okay, first of all, we have two minutes meeting meeting minutes to.

A

Approve the first is for may 13 2021. The board of appeals meeting minutes have a motion to approve.

B

So moved second, second, all in favor aye hi hi. Then we have uh the may 20th 2021 board of appeals.

A

Special work session meeting minutes and again I'll take a motion to approve those we'll make.

A

Corrections make motion to prove it. Second, second, all in favor, aye, okay, that motion carries now. We.

A

Have one two three four of four uh orders to sign: the first is for vaap 210149, arid property order.

D

Which one is it? No? Oh, the herring property, that's one! Mr chairman, I have some comments. Okay,.

D

I guess coming in would be the one two third page or actually the fourth page.

D

I'm trying to define it. I guess that it's got 1100 at the bottom. Yeah 11, 0, 0.

D

If uh I would say here, it says both the down at the bottom just above decision, it says.

D

Both the pool owner and applicant share concerns. I think it's probably what the pool.

D

Builder and applicants shall concerns because I think the pool owner and applicants are the same.

D

The idea of reducing it to 12 feet as opposed to 15 feet. I think that's a one word.

D

Correction that needs to be put in there. Okay, I would then go back over two pages.

D

Well then, the first next question: it shows up on two orders, but doesn't show up on the other two.

D

And this is you lawyers, please explain to me what it means you've got id just before before findings.

D

And you got id at 214-15 at the very end of those bullets, and you have this on another order. But.

D

Then you it's like it's a stray that got left in the in the printing. Was that intended to be.

D

There or not intended to be there, I don't have those orders but ed id. uh It's latin.

L

It just basically refers you to another page or previously, above it, it's a reference to somewhere.

L

Else in the document: well maybe the gentleman who prepared it could answer the question.

D

Because it's in two of the orders, but the other orders are not so I was looking for consistency.

P

Hi everyone, neil murphy, deputy county attorney, which uh orders so still in the herod property.

P

Order for the harrod property at 1102, page 1102, the item this concern is, it says id at.

A

2214-15 and it seems to not connect to the paragraph above or or the care paragraphs.

D

Point take a look at that and then correct: okay and there's an id also just before the findings.

D

On the previous page, it looks like it's just got accidentally left yeah without looking okay.

D

And then, then I would be being real picky, I'm like playing your english teacher here now back in 10th.

D

Grade uh you below that id there's a paragraph where you say specifically the particular physical.

D

Conditions of the property are as follows: colon and you leave out the word. I would assume be.

D

First, comma: the existing lot is only 174 because you number every other one of your conditions.

D

You you don't do it there, but below that. Second, third, fourth, fifth, sixth, you do.

D

It's sort of like a word got left out: okay, okay, sure, and that's that's the only english excuse me.

P

For being nitpicky, oh no! That's fine! I appreciate it. Thank you. So that's the heritage, honestly yeah.

A

Do we want you, I mean I don't mind you a proven subject to correcting allowing you.

P

To decide I'll certainly do that, and I think also because it's not changing any meaning.

D

Yeah, it's it's um form, not substance. So the thing is, I think, steve scott also needs to sign them.

P

So this will also give him a chance to sign uh and come by. I don't know when he would sign him.

A

Okay, yeah, whatever works, I think, probably sherry he can. She can maybe forward the signed version.

P

To him with those changes and then uh because I wouldn't be you wouldn't be- I wouldn't be changing.

P

The portion, where you sign it and then all the other parts you can just.

P

Change, I think, but yeah it should be fine and looking at the corrections it shouldn't.

D

Cause you to change pages, I don't think so, either yeah. I think it should be fine.

A

So there's so we need a motion to sign this with those, so so movement to chairman.

D

That the chairman be allowed to sign the night. Okay sign it uh with the subject.

D

Corrections being made okay or previously noted corrections all in favor all right. Okay,.

A

And the next one is bachaga property. No, I think that has the id in it also, and this.

A

Was a disturbance of the critical area buffer and non-title wetlands to construct a single-family.

A

House and you remember, it was very moved. The house was moved very close to the front property line.

A

And really did the best they could to avoid the rest of the wetlands in the critical area.

D

uh Mr chairman, that one likewise page 11, 12 and also a page 1114, has got that id part in it.

D

On the side there, which it doesn't look like it right, it's part of the paragraph. Okay,.

D

And I everything else I'll keep my mouth shut. Oh no, no problem.

P

Okay, I appreciate it. Thank you uh I'll. Take a motion for me to sign the baca bachaja.

A

Property um orders with those corrections so moved; second, okay, a second all in favor, aye.

A

Okay, the third one we have is chaptico substation smeko substation over in chaptico.

D

Oh, mr chairman, here I go again on a page 1123 up in the first paragraph and I'm just.

D

Looking really for meaning here, because I don't really cut remember, but it says.

D

Construction will take place over 2020 through 2021, and the project will be completed in 2022.

D

um This was just approved last week. Is construction already taken place? No, I.

P

Don't believe so, I think I think you're correct. I think it should have been uh construction.

P

Will take place over 21 to 22 and should be done in 22.. I think it was just a numbers error on the.

P

Keypad, but I appreciate you, okay, that's the only thing, that's how I that's how I remember it as.

P

Well, as the 21 to 22., unless they had already started, I don't believe so. I don't believe they.

P

I don't think so. If they did, then it's something unrelated to what they needed to come before.

P

Us for and but I can't remember I'll, just I'll rewatch the tape and okay, but they they had been.

B

You know, however, the electric company looks at it: they've been working on this project and work's.

B

Been going on to get things done well before in the presentation they may have done clearing then.

P

It might actually be correct. I'll take a look at the tapes could be, they were referring to design.

C

Work as well, they were referring to the project yeah. You know, there's a paragraph. So that's why.

P

I appreciate it I'll double check. Thank you, mr brown. I appreciate it. Okay.

A

Do we want to make a motion upon that correction also.

B

If need be, I don't know so moved exactly all right. All in favor, aye, okay, the third one, the.

A

Fourth, one the last one we've got is the greenery for the medical marijuana processing facility.

A

In hollywood.

A

Any changes I'm quiet, I make the emotional sinus, sir. Second, all in favor. Okay, um before we adjourn.

A

I will not be able to make it here on the july meeting having a little bit of surgery done.

A

And mr brown, as we think, is still on the board of appeals.

A

Because the county commissioners have not made a replacement appointment.

A

So he will more than likely serve as chairman for that meeting, since he is uh vice chair right now.

A

You also sounds like you will also only have four members at that meeting, because mr guy also.

A

Will be out of town, always he will be out of town, and um so he will not be available also, so you may.

A

Want to let the applicants know that they all will have only four members and could be subject to.

A

A thai vote, that's what we normally do and then leave it up to the applicants as to whether or.

J

Not they want to continue it until they can have five, because, certainly if it's you know.

J

A controversial case- or you know something out of the ordinary- they will ask for another yeah.

J

I mean because four two two would be a be: a loss would be a loss right. It's not an approval.

A

Right anything else for the good of the cause motion withdrawn sec, all in favor.

B

Aye, thank you all very much good meeting. You don't forget me. I said you're tired.

O