►
From YouTube: Board of Adjustment May 23, 2018
Description
Description
A
C
A
Thank
you,
let's
all
silence
our
cell
phones,
please,
when
you
come
to
the
podium,
please
use
the
microphone
so
that
it's
picked
up
by
our
tape
recording
and
our
television
team
up
in
the
balcony
over
there.
Oh
next
item
on
the
agenda
is
our
quasi-judicial
announcement
from
our
legal
counsel.
Patrick.
Thank
you.
D
This
is
a
quasi
judicial
proceeding
where
the
Board
of
Adjustment
acts
in
a
quasi
judicial
rather
than
a
legislative
capacity
at
a
quasi-judicial
hearing.
It
is
not
the
board's
function
to
make
law,
but
rather
to
apply
law.
That's
already
been
established
in
a
quasi
judicial
hearing.
The
board
is
required
by
law
to
make
findings
of
fact,
based
upon
the
evidence
presented
at
the
hearing
and
apply
those
findings
of
fact
to
previously
established
criteria
containing
the
Code
of
Ordinances
in
order
to
make
a
legal
decision
regarding
the
application
before
it.
D
The
board
may
only
consider
evidence
at
this
hearing
that
law
considers
competent,
substantial
and
relevant
to
the
issues
if
the
competent,
substantial
and
relevant
evidence
at
the
hearing
demonstrates
that
the
applicant
has
met
the
criteria
establishing
the
code
of
orden
TSA's
and
the
board
is
required
by
law
to
find
in
favor
of
the
applicant.
By
the
same
token,
if
the
competent,
substantial
and
relevant
evidence
at
the
hearing
demonstrates,
the
applicant
has
failed
to
meet
the
criteria
establishing
the
clearances
and
the
board
is
required
by
law
to
fight
against
the
applicant.
D
A
D
President,
thank
you
so
members
of
the
board
tonight
there's
a
very
your
code,
has
a
very
specific
criteria
and
structure
for
when
you
have
a
rehearing,
it's
just
one
paragraph,
it's
pretty
straightforward,
but
I
just
figured,
we
go
over,
there's
no
confusion
or
you
have
any
questions.
I
can
probably
help
so
the
board
adjustment
making
reconsider
a
decision
or
a
variance
application
if
a
request
is
made
within
30
days,
the
date
of
the
original
action
before
reconsidering
one
of
the
Board's
decisions.
D
After
hearing
testimony,
the
board
must
make
a
finding
that
evidence
not
previously
considered
by
the
board
exists
and
will
be
presented.
The
action
to
rehear
shall
be
authorized
only
upon
a
motion
of
a
board
member
who
voted
on
the
prevailing
side
in
the
original
board
action
and
upon
an
affirmative
vote
by
a
majority
of
the
board
members
present
and
voting
upon
the
original
board
action
upon
an
affirmative
vote
to
rehear
the
decision
or
the
variance
application.
The
board
must
reconsider
the
request
in
accordance
with
the
terms
of
the
board's
variance
criteria.
D
The
rehearing,
then,
shall
be
scheduled
upon
a
receipt
of
a
new
application
fee
and
do
public
note
so
to
summarize
your
you're
listening
to
New
Testament
tonight
only
to
see
if
there's
enough
evidence
that
you
will
then
accept
a
reapplication
you're.
Not
this
is
not
a
rehearing.
It's
a
request
for
rehearing
questions.
A
E
If
you
grant
us
another
hearing,
I'll
be
able
to
provide
your
name
please
and
it's
a
Richard
Kelly
civil
engineer
with
WRA
I'll
be
able
to
I
was
the
original
engineering.
The
design
of
the
project
so
I'll
be
able
to
provide
information
which
wasn't
available
to
you
before.
So,
therefore,
you
hadn't
heard
it
information
regarding
the
impervious
surface
ratio
allowable
versus
proposed
versus
design
designed
through
the
storm.
A
D
A
C
C
D
F
E
G
Well,
I'm,
looking
if
I
may,
you
know
the
crepe
the
charge
that
we
have
as
a
board
and
our
attorney
can
guide
on
this?
Is
we
have
a
five-step
criteria
to
that
eight
applications
would
have
to
meet
to
be
granted
a
variance
which
are
for
this
one
I'm
still
wrecked
on
their
on
the
need
for
the
requested
variance
arises
out
of
one
of
the
physical
surroundings,
shaped
topographical
conditions
or
other
physical
or
environmental
conditions
that
are
unique
to
the
specific
property
involved
and
which
do
not
apply
generally
to
property
located
in
the
same
zoning
district.
G
So
the
can
the
variance
was
requesting
regarding
the
setback.
So
as
it
was
noted
that
there
is
the
sufficient
depth
of
the
lot
to
meet
the
required
setback,
so
that
was
one
of
them.
The
second
was
the
conditions
or
special
circumstances,
particular
to
the
property,
have
not
been
self
created
or
have
resulted
from
an
action
by
the
applicant
or
with
prior
knowledge
or
approval
of
the
applicant,
so
that
that's
another
one.
G
G
A
H
It
had
to
be
that
you
had
to
at
least
take
care
of
all
of
the
five
criterias
that
we
normally
have
to
have,
and
that's
what
we
were
kind
of
looking
for
for
you
to
bring
here
some
sort
of
evidence
or
some
sort
of
facts
that
we
didn't
hear
so
by
you
just
coming
in
and
I.
Don't
want
you
to
take
this
in
the
wrong
way,
but
just
bringing
one
small
item
of
it
was
just
something
to
do
about
a
discussion
and
I
believe
the
discussion
was
George
mr.
H
Boris,
who
was
asking
just
about
run
off,
but
that
wasn't
what
we
judged
our
decision
on.
No,
unless
you
would
be
able
to
bring
us
something
that
contradicts
these
facts
so
that
we
can
then
move
forward
with
it.
It's
kind
of
hard
for
us
to
even
consider
going
forward
so
I
hope
you
kind
of
understand
it.
That
way,
no.
A
Is
there
any
thought
from
the
board
that
give
them
another
chance
to
come
back
with
some
other
evidence
next
month
or
no
there's
nobody
in
the
audience
to
object
and
be
different?
If
we
had
20
people
out
there,
you
have
to
keep
coming
back
every
month,
but
the
burden
is
really
on
them
if
they
want
to
waste
another
month.
That's
well.
D
D
D
F
F
D
The
board
tonight
must
find
that
evidence
not
pretty
is
considered
right.
So
the
testimony
that
has
been
given
tonight
will
lead
you
to
believe
that
evidence
that
was
not
previously
considered
will
allow
you
to
rehear
it's
not
saying
that
the
rehear,
if
it's
not
saying
once
you
rehear
you
have,
but
that
you
believe
there
will
based
off
tonight,
there
will
be
enough
that
you
should
rehear
it
I.
G
J
A
H
No
but
I
just
want
to
read
something
here.
One
of
our
criteria
is
about
giving
this
particular
variants
special
privileges,
not
that
that
somebody
else
would
not
be
entitled
to,
and
you
have
a
whole
development
that
was
not
entitled
to
it.
So
I
don't
understand
how
you'd
be
able
to
bring
evidence
down
the
road
that
would
at
least
convince
me
that
you
can
satisfy
any
of
these
codes,
but.
H
H
C
A
D
J
J
E
A
D
A
C
D
A
J
A
You
have
to
pay
again
for
the
application
of
feet.
I
believe
start
all
over
again
all
right.
The
next
item
then,
and
I
apologize
for
the
error
before
is
18
40
variance
for
the
side,
yard
and
rear
yard
for
8
1408
Kimberly
Lane.
This
is
just
off
Riverside
Drive.
In
the
point
Alexis
area,
we
have
a
staff
report.
Please,
yes,.
F
This
is
a
young,
a
request
for
variance
to
the
side,
yard
setback
and
a
rear
yard
setback
at
1408,
Kimberly
Lane
the
applicant
is
bacillus
cantos.
The
zoning
is
our
100
future
land
use
as
residential
low.
This
is
an
existing
single-family
home
built
in
1994.
It's
currently,
in
conformance
with
its
yard
setbacks,
except
for
the
rear
setback,
and
the
lot
is
basically
a
conforming
Wow
overall,
because
the
average
width
meets
the
district
minimum
part
of
the
lot
is
actually
in
the
lake
Rebekah
drainage
feature.
F
Just
further
description
with
a
lot
itself,
it's
basically
fairly
level
to
the
top
of
the
bank
you'll
see
on
the
survey,
there's
a
feature
labeled,
the
top
of
the
bank
on
the
survey.
At
that
point,
it
ditches
fairly
steeply
taut
into
Lake,
Rebekah
drainage,
feature
and
page
to
the
staff
report
give
some
of
the
dimensions
given
on
the
survey
to
that's
what
the
dimensions
to
the
10th
place
are
in
an
estimated
by
scaling
the
survey
by
myself
or
some
of
the
other
measurements.
F
F
We
did
notice
this
properly.
There
were
no.
There
was
no
response
received
from
the
public
on
this
application,
and,
just
to
summarize,
the
staff
recommended
findings
of
fact
starting
number
two.
On
page
five,
there
are
no
conditions
or
special
circumstances
peculiar
to
the
property
that
would
warrant
granting
in
the
requested
variance
the
properties.
Topographic
condition
is
an
unusual
circumstance
compared
to
other
properties,
but
staff
found
that
that
it
actually
supports
denial
of
the
variance.
F
In
our
estimation,
just
because
this
addition
would
come
so
for
that
type
of
bank
and
with
other
options
available,
we
didn't
really
see
a
reason
to
do
that
on
this
property.
Littoral
enforcement
of
the
side
yard
murder,
it's
a
setbacks
would
not
therefore,
deny
the
applicant
reasonable
use
of
the
property.
F
Granting
of
the
variance
may
not
substantially
diminish
property
values
in
the
area,
but
could
impact
the
Western
the
owner
on
the
western
side
by
encroaching
within
five
feet
of
their
lot
and
also
potentially
could
have
an
effect
on
the
long
term
stability,
the
retention
bank.
That's
not
an
expert
opinion,
it's
just
an
opinion
in
the
absence
of
any
evidence
to
the
contrary.
F
On
these
lot
types
of
Lots,
this
is
a
this.
Some.
This
was
replanted
in
ninety
around
ninety
four,
when
a
lot
like
this
has
a
narrow
front
and
in
a
very
wide
fans
out
into
it,
like
an
almost
like
a
pie,
shape.
Roughly
speaking,
we
look
at
the
average
with
the
line
across
the
the
depth
of
it.
For
conformance,
we
don't
just
use
the
front
pretty
long,
so
we
considered
this
lot
to
be
conforming
and
that
would
make
sense
with
respect
to
when
it
was
replanted.
F
F
F
H
No
I
can.
My
next
question
is
in
all
of
in
the
figures.
It
has
the
applicant
sixes
2,900
square
feet
904,
and
it
was
also
that
seven
homes
in
the
area
had
gross
floor
plans
of
2600
to
3718,
so
what's
being
proposed
is
within
is
on
the
left
side
of
the
target.
It's
not
that
he
that'd
be
it's
being
proposed
as
super
launch.
That's.
A
A
A
I
believe
the
ordinance
defines
a
lot
with,
as
measured
at
the
front
setback
line.
Could
you
check
that
whopper,
while
he's
speaking
and
the
destination
of
the
lot
width
is
in
the
code
somewhere?
Okay,
now
the
applicant
you
have
there
you're
welcome
to
cross,
examine
the
staff
and
anyone
else
that
you
wish
to,
but
if
you're
ready
please
come
to
the
podium
and
state
your
name.
Please.
K
My
name
is
Vasily
cantos
I
live
at
1408,
Kimberly,
Lane,
I,
guess
I'm
gonna
be
put.
In
addition,
there
I
got
a
family
of
two
I'm
gonna
have
another
one
and
the
way
my
house
is
my
lot
shaped.
It's
actually
shaped
like
a
diamond
and
the
only
reasonable
place
to
put
this
is
on
the
right
side
of
my
house
cuz
on
the
left
side
of
the
house.
I
know
you
don't
want
to
hear
my
story
or
anything
like
that,
but
I
want
to
put
a
playground
for
my
kids.
K
It's
the
only
area
that
I'm
gonna
have
for
them
to
play
in
cuz.
The
actually
got
a
big
pond
in
the
back,
so
that
takes
up
most
of
my
property
line
and
actually
I
think
the
the
property
that
it
is
half
of
my
property
goes
into
the
pond.
So
my
actual
property
itself
isn't
what
it
says
in
the
property
appraisals
I
think
that's
just
over.
K
Acre
I,
don't
I,
don't
know
what
it
is
off
top
of
my
head.
I
should
I
sure
looked
at
it,
but,
as
you
could
see
the
pond
dust,
they
got
most
of
my
property
and
I.
Just
I
want
to
put
this
addition
on
the
right
to
expand
the
house
a
little
bit
in
the
kids
rooms
and
since
it
is
oddly
shaped,
can't
I
mean
I
could
probably
bring
the
trusses
in.
K
But
then
those
trusses
are
gonna
cost
more
money,
because
it's
only
one
corner
of
the
house
that
actually
hits
that
setback
that
we
need
to
and
the
other
corner.
You
said
it's
gonna
be
like
in
the
pond,
but
it
doesn't
drop
off
as
bad
it
as
it
is,
and
I
could
always
beef
up
the
footer
there
and
put
like
a
two-foot
footer
that
basically
structurally
do
that.
And
since
my
house
is
at
an
angle,
that's
why
it's
encroaching
more
into
the
pond.
K
J
K
K
I
J
K
G
I
G
F
F
K
Yeah
I'm
expanding
the
kids
room,
so
the
kids
rooms
are
on
that
side
of
the
on
that
the
bedrooms
are
kind
of
small
based
as
it
is,
I
got
two
kids.
You
know
looking
for
third
one
too,
and
that's
the
reason
why
I'm
doing
on
that
side-
and
you
said
it
was
a
playground
on
the
other,
no
I'm
doing
in
addition
to
expanding
their
rooms
cuz,
they
have
small
rooms
right
now,.
G
K
K
K
A
A
K
K
I'd
still
have
to
come
in,
but
there's
no
point
in
spending
the
money
that
do
an
addition.
If
you're
not
gonna
get
the
proper,
you
know
square
feet,
I
need
in
the
room.
I
could
go
out
and
buy
another
house,
but
the
markets
up
too
much.
You
know
I'm
a
contractor.
I
could
do
it
myself.
I
could
build
it.
My
father's
roofing
company
I
could
save
a
lot
of
money
doing
it.
This
way,
I
can't
afford
to
buy
a
new
house.
So
that's
the
reason
where
I'm
proposing
a
square
foot.
This
is
my
forever
house.
L
Herb
I
mr.
glazier
I
wasn't
well
I'm
John
Glenn's,
our
alternate
for
the
board
and
I
just
had
a
question
for
staff
Patricia
the
point
of
the
corner
in
question
that
encroaches
along
the
rear
of
the
lot
line.
Yes,
does
that
create
I
I've
had
this
in
other
states
that
I've
lived
in?
Does
that
create
a
grandfathered
in
in
such
that
he
could
go
instead
of
going
continuous
along
the
back.
He
could
go
parallel
to
the
lot
line,
thus
creating
a
trapezoidal
shape
and
he
could
still
get
his
whole
addition
square
footage-wise.
L
It
just
wouldn't
be
straight
across
the
back,
but
he's
contractor
he
could.
He
could
build
it.
However,
he
wants
I,
don't
think
the
the
plan
of
just
adding
a
rectangular
box
on
the
side.
I'm
just
wondering
if
that
point
creates
a
grandfathered
in
setback
that
if
he
stayed
along
that
setback,
you
would
be
able
he
would
be
fine.
L
A
L
A
A
D
M
On
all
of
this
tonight's,
the
first
time
I've
heard
about
the
actual
size
and
dimensions
of
the
extension
we
have
a
large
orchid
house
or
orchid
collection.
Next
to
it.
I
was
just
curious
that
it's
gonna
be
two
stories:
high
I'm
gonna
go
home
and
look
to
see
if
the
Sun
will
be
impacted
because
it's
so
close
to
the
orchid
house,
and
that
would
be
my
only
thought.
But
tonight's,
you
wouldn't
make
a
decision
right.
There's
another
hearing
well.
J
A
K
A
K
K
K
K
K
K
A
A
L
M
Okay,
so
I
too
am
confused
about
the
roof.
If
it's
a
two-story
home
with
a
roof
on
top
of
it,
then
I
would
have
a
lot
of
concerns
if
it's
a
one-story
home
with
just
a
higher
roof
and
it's
gonna
sloped
down,
and
it's
not
gonna
impact.
Like
I
said
the
Sun
is
important
in
that
area.
If
it's
not
gonna
impact
that
particular
aspect
of
it
and
the.
H
M
M
F
Guess
I
can
help
by
saying
that
the
district
dome
height
limit
is
35
feet
to
the
mid
line
in
the
roof.
I,
don't
know
what
the
height
of
your
current
home
it's,
but
can
you
tell
tell
him
whether
the
addition
will
go
above
your
roofline
match
your
current
roofline,
whether
it
sounds
like
you
might
have
on
one
story
with
a
vaulted
ceiling
or
something
like
that.
K
A
F
K
F
F
The
the
part
he
owns
now,
how
much
is
upland
above
the
bank
I,
don't
know
it's
obviously
less
than
that
lot
width
is
to
find
us
the
distance
between
the
side
lot
lines
measured
by
one
of
the
following
means:
a
is
at
the
required
front
yard
setback
with
the
district
in
which
it
is
located.
B
is
at
the
proposed
setback
line
of
the
structure
if
the
setback
is
more
restrictive
than
the
district
requirement
and
C
is
the
average
which
of
the
width
of
the
property
measured
from
side
property
line
to
side
property.
F
A
A
L
If
the
motion
is
denied
tonight,
because
I
haven't
seen
this
or
witnessed
this,
yet
if
it's
denied
tonight,
the
homeowner
has
the
right
to
come
back
with
an
8
or
9
foot
setback
and
reapply
at
that,
so
the
burden
of
us.
Is
it
isn't
at
this
point,
a
yes
or
no,
that
he
can.
You
can
do
something
it's
just
that
he
has
an
extra
set.
D
A
K
G
K
The
corner
the
corner
of
my
house
right
now
you
got
it,
you
got
a
30-foot
setback,
supposedly
it's
supposed
to
be,
but
the
corner
of
the
house
right
now
is
actually
a
26
foot
setback.
That's
existing,
so
the
house
was
not
built
kind
of
n
square
with
the
orderings
already
and
that's
the
corner
of
the
house.
That's
existing.
It
comes
at
a
26
foot
mark
and
the
setback
for.
A
A
K
J
A
K
J
L
K
L
Just
a
point
just
to
do
it
going
to
10
feet,
doesn't
make
it
okay,
because
you're
still
asking
for
a
variance
on
the
the
rear
setback,
but
as
people
have
mentioned
prior,
the
rear
setback
wasn't
the
point
of
contention.
Yes,
so
don't
just
think
that
it's
if
you
go
to
10
it's
automatic,
that's
all
I'm,
saying
mm-hmm,
because
you're
still
at
you're
asking
for
two
points
of
adjustment
as
near
as
I
can
tell
just
just
a
point.
Yeah.
H
I
D
A
M
H
A
J
C
B
A
H
L
Although
I'm
not
a
voting
member
of
the
board
tonight,
the
rationale
that
I
was
contemplating
while
this
happened
was
the
odd-shaped
blood,
as
mr.
Eisner
mentioned,
and
the
staff
recommendation
of
how
the
midline
was
used
as
a
determination
of
the
wit
and
if
you
draw
that
midline
and
come
up
with
where
that
would
have
fallen,
the
the
fact
that
that's
the
way
it's
kind
of
mathematically
put
together.
L
When
you
have
such
a
sharp
angle,
you
could
make
that
it
could
hypothetically
make
that
not
a
determining
factor
that
made
any
sense
and
I
think
with
that
extra
two
feet
that
we're
talking
or
three
feet
that
we're
talking
about
I
think
that
actually
makes
more
sense
with
respect
to
the
midpoint
of
that
wit
of
the
law.
If
that
makes
sense,
it
kind
of
kind
of
middles
it
because
to
just
say
it,
the
the
mid,
the
width
of
the
law
is
determined
by
the
frontage
or
the
rear
or
the
average
of
the
lot.
L
H
Well,
in
addition
to
that,
I
mean
I
could
go
through
all
of
these.
It
says
there
are
no
conditions
of
special
circumstances
peculiar
to
this
property
that
would
warrant
granting
of
the
requested
variance.
The
properties.
Topographic
condition
is
an
unusual
circumstance
that
actually
does
not
support
the
requested
variance
in
this
case,
and
again,
we
have
to
go
back.
This
is
an
odd
shaped
lot.
This
is
an
odd
shaped
house
with
an
object.
It's
an
odd
shape
on
he
doesn't
have
even
the
rear
setback.
H
I,
don't
think
the
house
was
even
bought
with
a
rear
setback
right
so
and
then
the
number
three
it
has.
Littoral
enforcement
of
the
side,
yard
and
rear
yard
would
not
deny
the
applicant
reasonable
use
of
the
property,
since
the
current
residence
is
in
with
an
existing
neighbor
and
therefore
appears
to
be
sufficient
area
on
a
lot
to
expand,
he
doesn't
have
sufficient
area
in
a
lot
to
expand,
not
if
he's
building
a
bedroom
as
I,
listen
if
he
was
building
or
adding
on
to
a
I
presume.
H
Bet:
master
bedroom,
okay,
so
there
you
don't
need
a
larger.
So
it's
not
like
you're
coming
in
here,
asking
for
a
larger
master.
You
know
bedroom,
which
that
would
be
possibly
more
denied
in
my
eyes,
then,
when
you're
gonna
build
a
larger
family,
so
that's
that's
my
idea.
There
and
I
don't
think
that
we're
giving
him
any
special
privilege
that
any
other
person
wouldn't
be
able
to
build
if
they
didn't
have
this
pie
lot
size
and
I,
don't
believe
it
to
be
diminishing
any
property
values
so
on.
K
A
A
A
Our
last
variance
by
the
way
we
have
this
ordinance,
the
staff
gave
a
de
minimis
variance
and
that's
a
2-foot
variance
is
almost
close
to
what
the
staff
could
give
without
even
coming
to
the
Board
of
Adjustment.
There
was
not
that
much
to
go
from
8
to
10
is
only
a
tooth,
but
okay,
so
is
there
a
motion
to
approve
the
minutes.
I
H
H
A
We
did
so
because
the
applicant
had
the
right
to
build
a
garage
closer
to
the
sidelines
than
what
even
the
variance
that
called
for
a
follow.
That's
that
was
the
reason
and
that's
gonna,
be
in
the
order.
Last
month's
hearing
just
so,
we
recall
that
we've
deviated
again
from
that
criteria.
Does
it
make
since
you.