[CALL TO ORDER]
[00:00:03]
OK. THE TIME BEING SIX 30 ON THIS DAY OF JANUARY, TWENTY FOUR, TWENTY TWENTY TWO, WE'LL CALL THE BOARD OF ZONING APPEALS MEETING TO ORDER.
COULD WE HAVE ROLL CALL MR. LEONARD? MR. CROWDER, YEAH.
MRS MCALLISTER, YEAH, MRS BROWN.
MRS WOODWARD, I'M HERE AND I'M COMING VIA ZOOM FROM MY RESIDENCE.
HIDDEN HILLS DRIVE, PRINCE GEORGE, VIRGINIA TWO THREE EIGHT SEVEN FIVE.
I HAD TO ASK MRS. CROWDER TO DO THE INVOCATION TONIGHT, AND FOLLOWING THE INVOCATION, MRS. BROWN WILL DO THE PLEDGE OF ALLEGIANCE.
WITH ME, ALLEGIANCE TO THE FLAG AND THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.
[ADOPTION OF AGENDA]
NEXT ORDER OF BUSINESS IS ADOPTION OF TONIGHT'S AGENDA.DOES ANYONE HAVE ANY QUESTIONS, COMMENTS OR CONCERNS REGARDING THAT? IF NOT, COULD WE HAVE A MOTION TO APPROVE IT? MOVE THE AGENDA.
IT'S. ALL RIGHT, MISS MCCALLISTER.
YES, MRS. WOODWARD. YES, MR. CROWDER. YES, MRS. BROWN. THANK YOU.
AND THE SECOND THING ON TONIGHT'S AGENDA IS THE ELECTION OF BOARD OF ZONING APPEALS
[ORDER OF BUSINESS]
OFFICER FOR THE CURRENT YEAR.I GUESS I WILL TAKE NOMINATIONS FOR THE ELECTION OF CHAIRMAN SARA, THE NAME OF LENNY MCALLISTER, THE CHAIR OR THE BCA FOR THE YEAR.
ARE THERE OTHER NOMINATIONS? DURING NO OTHER NOMINATIONS, I'LL CLOSE NOMINATIONS AND WE CAN VOTE ON CHAIRMAN.
MRS. WOODWARD. YES, MR. MCALLISTER. YES.
ALL RIGHT. ALL RIGHT, AND WE'LL MOVE ON TO THE ELECTION OF VICE CHAIRMAN, DO I HEAR NOMINATIONS FOR VICE CHAIRMAN? OH, COME ON. I DIDN'T TALK TO HER, BUT I WOULD LIKE TO NOMINATE UM.
CAN YOU SPEAK INTO THE MICROPHONE? SORRY, MY NAME.
YES. NO, I DIDN'T HEAR A VICE CHAIR, MISS BROWN, CAN YOU SPEAK INTO THE MICROPHONE? OK? IS IT ON? IS IT GOT THE GREEN BUTTON ON? NO, HE TAPPED THE BUTTON THAT SAYS PUSH.
JUST A MOMENT WHEN YOU JUST LOOK SO LONG, WHEN YOUR MIND'S REALLY RIGHT.
A SLIGHT PAUSE FOR TECHNICAL DIFFICULTIES.
[00:05:02]
I DIDN'T TALK ABOUT IT. I'M SORRY, I THINK THEY'RE ON DOWN THERE.OK. WE'LL CONTINUE WITH NOMINATIONS FOR VICE CHAIR.
WOULD IT FOR VICE CHAIR? THANK YOU, IRMA.
ARE THERE OTHER NOMINATIONS? NO HEARING, NO OTHER NOMINATIONS.
WE WILL DO ROLL CALL, MISS MCALISTER, YES, MISS WOODWARD.
I ABSTAIN. MR. CROWDER. YES, MRS. BROWN. YES, THANK YOU.
OUR NEXT ORDER OF BUSINESS IS GOING TO BE APPROVAL OF OUR PUBLIC MEETING DATES.
EVERYONE SHOULD HAVE A COPY UNDER TAB THREE.
THE REVISED ONES ARE SET FOR DEATH.
MADAM CHAIR, THIS IS CAROL WOODWARD.
I MOVE THAT WE ADOPT THE PROPOSED MEETING DATES AND THE UPCOMING SCHEDULE OF BOARD OF ZONING APPEALS MEETINGS.
MADAM CHAIR, I SECOND THE MOTION.
YES, MRS. BROWN, YES, MR. CROWDER, YES.
OUR NEXT ORDER OF BUSINESS IS THE ADOPTION OF THE MEETING MINUTES FROM OUR JULY 26TH MEETING. EVERYONE, I HOPE, HAS HAD TIME TO REVIEW THEM.
AGAIN, MADAM CHAIR CAROL WOODWARD HERE, I MOVE ADOPTION OF THE OF THE MINUTES AS PRESENTED UNLESS THERE ARE NOTATIONS FROM OTHER MEMBERS FINDING INCONSISTENCIES.
SECOND, THAT MOTION, THE MOTION HAS BEEN MADE AND SECONDED.
MRS BROWN. YES, MR. CROWDER. YES.
OK. THE SECOND PHASE OF OUR MEETING TONIGHT IS A CITIZENS COMMENT PERIOD.
THIS COMMENT PERIOD IS OPEN TO ANYONE WHO WISHES TO SPEAK TO THE COMMISSIONERS ON ANY TOPICS THAT ARE NOT ON TONIGHT'S AGENDA.
IF YOU HAVE COMMENTS TO MAKE, PLEASE STATE YOUR NAME, YOUR ADDRESS AND YOU'LL BE ALLOTTED THREE MINUTES TO SPEAK.
I DON'T SEE ANYONE RUNNING TO THE FRONT, SO WE'LL GO AHEAD AND CLOSE THE CITIZENS COMMENT PERIOD AND MOVE INTO NEW DO BUSINESS, THE NEW BUSINESS TONIGHT IS WE'LL DO A PUBLIC
[NEW BUSINESS - PUBIC HEARING]
HEARING AND HEARING FOR A VARIANCE REQUEST, AND I WILL TURN IT OVER TO TIM AT THIS POINT.ALL RIGHT, MISS WOODWARD, I JUST WANTED TO CONFIRM YOU'RE NOT ABLE TO SEE A VIDEO RIGHT NOW, ARE YOU? NOT UNLESS YOU CAN SHARE IT TO THE SCREEN, I CAN'T SEE IT.
UNFORTUNATELY, THE TYPEKIT, SO I'M FAMILIAR WITH THE REQUEST.
OK. AND I'LL TRY TO POINT IT SOMETHING IN THE PACKET IF I CAN AS WE GO THROUGH A PRESENTATION HERE WE ARE HAVING SOME TECHNICAL DIFFICULTIES ON THAT, SO I WON'T BE ABLE TO SHOW YOU, BUT THE FOLKS IN THIS ROOM CAN SEE.
[00:10:06]
ALL RIGHT. GOOD EVENING, MADAM CHAIR, AND MEMBERS OF THE BOARD, IF YOU WANT TO TURN TO TAB FIVE, WE'VE GOT THE VARIANCE REQUEST STAFF REPORT.AND IF WE NEED TO REFER TO THAT, THEN WE'VE GOT A PRESENTATION TO GO THROUGH HERE.
A POWERPOINT PRESENTATION? ALL RIGHT. THIS IS THE REQUEST OF DAVID AND SUSAN BERBERA FOR A VARIANCE TO THE THIRTY FIVE FOOT REAR YARD REQUIREMENT OF THE R.
PURSUANT TO AN ORDINANCE SECTION.
YOU CAN SEE THERE TO ALLOW A DEC ADDITION 15 FEET FROM THE REAR PROPERTY LINE.
THE SUBJECT PROPERTY, APPROXIMATELY HALF AN ACRE IN SIZE, IS LOCATED AT 10 NINE ONE NINE BLAND RIDGE DRIVE AND AS IDENTIFIED AS TAX PARCEL NUMBER FORTY TWO A ZERO ONE ZERO C ZERO ZERO FOR A. ALL RIGHT, ON THIS SLIDE, YOU CAN SEE AN AREA MAP AND THE SUBJECT PROPERTY IS OUTLINED IN RED.
YOU CAN SEE IT'S GOT THE SINGLE FAMILY DWELLINGS ON THE SOUTHEAST AND EASTERN SIDES OF IT, AND IT'S SURROUNDED TO THE NORTH AND SOUTH, OR AT LEAST THE NORTH BY THE PRINCE GEORGE GOLF COURSE.
PETERSBURG COUNTRY CLUB GOLF COURSE AND THERE'S AN AERIAL VIEW WHERE YOU CAN SEE THAT PROPERTY AGAIN.
NOW THIS AERIAL VIEW AERIAL VIEW IS FROM TWO THOUSAND TWENTY PRIOR TO THE BEGINNING OF CONSTRUCTION OF A SINGLE FAMILY HOME ON THAT PROPERTY.
THE BACKGROUND ON THIS REQUEST IN TWENTY EIGHTEEN, A TEN FOOT ADMINISTRATIVE VARIANCE TO THE THIRTY FIVE FOOT REAR YARD REQUIREMENT WAS GRANTED TO THE PRIOR OWNER, LEWIS WEISS JR. ON THIS SUBJECT PROPERTY.
AND SO THAT RESULTED IN AN EFFECTIVE REAR YARD SETBACK OF TWENTY FIVE FEET IN MARCH OF TWENTY TWENTY ONE.
THE APPLICANTS PURCHASED THIS PROPERTY AND THEY BEGAN CONSTRUCTION ON THEIR HOME AND THEY SINCE THEN HAVE REQUESTED A VARIANCE FROM THE BCA FOR AN EFFECTIVELY 15 FEET REAR YARD SETBACK. SO AGAIN, GOING FROM TWENTY FIVE FEET CURRENTLY TO FIFTEEN FEET AND THE ORDINANCE REQUIREMENT IS THIRTY FIVE FEET AND THEIR GOALS ARE FOR THIS VARIANCE ARE TO BE ABLE TO CONSTRUCT A TWENTY TWO FOOT BY 12 FOOT DECK ON THE REAR OF THE HOUSE WITH A REAR SETBACK OF FIFTEEN FEET, AS WE MENTIONED.
AND SO AGAIN, THAT VARIANCE IS EFFECTIVELY 20 FEET OFF OF THE THIRTY FIVE FOOT REQUIREMENT AND SPECIFICALLY FOR A DECK ON THIS SLIDE, YOU CAN SEE THE SURVEY WITH THE SKETCH PROVIDED BY THE APPLICANT.
THE. AND THIS, OF COURSE, IS IN THE STAFF REPORT.
LET'S SEE. WE COULD LOOK AT PAGE SIX TO SEE THE SAME THING.
AND THERE'S A HIGHLIGHT ALONG THE REAR PROPERTY LINE FROM WHICH THEY'RE REQUESTING THIS, THIS SHORTER SETBACK.
AND YOU CAN SEE THE RED IS THE PROPOSED TWENTY TWO BY 12 FOOT DECK.
AND YOU CAN SEE THE OUTLINE OF THE HOUSE THAT'S UNDER CONSTRUCTION RIGHT NOW.
YOU CAN ALSO SEE TWO SIX FOOT BY SIX FOOT DECKS THAT WERE ORIGINALLY PLANNED AND ARE SHOWN ON THIS PLOT. THOSE DO NOT EXIST AND THAT THEY, THE APPLICANTS, WOULD LIKE TO HAVE THIS DECK THAT THEY'RE PROPOSING INSTEAD.
AND YOU CAN SEE THE REAR BACK CURRENTLY IS TWENTY FIVE FEET.
AND THEN YOU CAN SEE THEIR PROPOSED SETBACK SKETCHED ON THEIR 15 FEET, AND THAT WAS MEASURED IN THE FIELD BY BY OUR STAFF.
SO IT'S CONFIRMED THAT IT'S 15 FEET.
THIS IS JUST A SNAPSHOT OF THE FRONT OF THE HOUSE UNDER CONSTRUCTION, AS IT LOOKS FROM THE ROAD FROM BLAND RIDGE DRIVE ON THE LEFT PHOTO, WHICH IS ON PAGE SEVEN IN THE STAFF REPORT. WELL, THE RIGHT PHOTO IS ON PAGE SEVEN OF THE STAFF REPORT, AND THAT'S THE 15 FOOT MEASUREMENT FROM THE REAR PROPERTY LINE SO THAT ROCK IS MARKING A CORNER POINT ON THE PROPOSED DECK AND THEN ON THE LEFT PHOTO, WHICH IS PAGE EIGHT.
IN THE STAFF REPORT, YOU CAN SEE A VIEW OF THE REAR OF THE HOUSE.
AND YOU CAN SEE THAT THERE'S A MARKER THERE, SO YOU CAN SEE THIS IN ORIENTATION TO THE
[00:15:05]
REAR PROPERTY LINE AND THE GOLF COURSE THAT IS TO THE REAR OF THIS HOUSE.SO I'LL GO THROUGH STAFF'S COMMENTS, SO STAFF STRUCTURED THE COMMENTS JUST BASED ON THE VARIANCE CRITERIA.
SO THE STATE CODE OF VIRGINIA DEFINES WHAT A VARIANCE IS.
AND SO WE'LL GO THROUGH AND GO THROUGH THAT AND STAFF'S RESPONSE TO THAT.
THE VARIANCE MEANS IN THE APPLICATION OF A ZONING ORDINANCE, A REASONABLE DEVIATION FROM THOSE PROVISIONS REGULATING THE SHAPE, SIZE OR AREA OF A LOT.
WHEN THE STRICT APPLICATION OF THE AUDIENCE WOULD UNREASONABLY STRICT RESTRICT THE UTILIZATION OF THE PROPERTY, STAFF FINDS THAT THE REQUESTED DEVIATION RELATES TO THE PROVISIONS REGULATING THE LOCATION OF THE BUILDING.
SO THAT'S JUST DRAWING OUT WHAT'S IN THAT DEFINITION.
WE FELT LIKE THIS. THIS APPLIES TO THAT DEFINITION THAT FURTHER, THE DEFINITION SAYS AND AND SUCH NEED FOR VARIANCE WOULD NOT BE SHARED GENERALLY BY OTHER PROPERTIES.
STAFF FINDS THAT THIS SITUATION IS NOT GENERALLY SHARED BY OTHER PROPERTIES.
FURTHER, THE DEFINITION SAYS, AND PROVIDED SUCH VARIANCE IS NOT CONTRARY TO THE PURPOSE OF THE ORDINANCE. AND SO STAFF FINDS THAT THE PURPOSE OF THE REAR YARD SETBACK IS PRIMARILY RELATED TO LIMITING IMPACTS ON ADJACENT PROPERTY OWNERS.
SO IN THIS CASE, THE ADJACENT OWNER TO THE REAR, PRINCE GEORGE I COUNTRY CLUB, WE'VE GOT MULTIPLE GOLF COURSE PROJECTS GOING TO APOLOGIZE FOR THAT COUNTRY.
CLUB OF PETERSBURG LLC, OR AT LEAST THE COUNTRY CLUB OF PETERSBURG HAS SUBMITTED A LETTER INDICATING SUPPORT.
AND THAT'S IN THE PACKET TO THAT LETTER OF SUPPORT THAT THEY PROVIDED WITH THEIR APPLICATION. AND THEN FINALLY, THE DEFINITION OF VARIANCE ALSO SAYS IT SHALL NOT INCLUDE A CHANGE OF USE WHICH WHICH SHALL BE ACCOMPLISHED BY A RESOUNDING OR CONDITIONAL USE, AND STEPH FINDS THAT THIS THIS DOES NOT APPLY TO THIS PARTICULAR REQUEST. IT'S A CHANGE.
THEY'RE REQUESTING A CHANGE OF STEP BACK NOW TO CHANGE IT THEY USE.
THEN THE STATE CODE ALSO PROVIDES SPECIFIC CRITERIA FOR THE BOARD TO REVIEW EACH VARIANCE REQUEST, SO THEY, THE STATE CODE, SAYS THAT NOTWITHSTANDING OTHER PROVISIONS OF VARIANCE SHALL BE GRANTED. IF ALL OF THE FOLLOWING VARIANTS APPLY, SO THE EVIDENCE FIRST OF ALL, THE EVIDENCE SHOWS THAT THE STRICT APPLICATION OF THE TERMS OF AN ORDINANCE WOULD UNREASONABLY RESTRICT THE UTILIZATION OF THE PROPERTY, OR THAT THE GRANTING OF THE VARIANCE WOULD ALLEVIATE A HARDSHIP DUE TO A PHYSICAL CONDITION RELATING TO THE PROPERTY OR IMPROVEMENTS ON THE PROPERTY AT THE TIME OF THE EFFECTIVE DATE OF THE ORDINANCE.
OR ALLEVIATE A HARDSHIP BY GRANTING A REASONABLE MODIFICATION TO A PROPERTY OR IMPROVEMENTS ON A PROPERTY.
STAFF FINDS IT SPECIFICALLY WITHIN THIS THAT THIS REQUEST DOES RELATE TO A PHYSICAL CONDITION ON THE PROPERTY, AND THAT THE HALF ACRE LOT IN QUESTION HAS AN IRREGULAR SHAPE IS AN EXCEPTIONALLY NARROW.
THE UNUSUAL SHAPE OF THIS PROPERTY CONFINES THE BUILDING FOOTPRINT FOR A SINGLE FAMILY DWELLING. GOING ON THE CRITERIA, THE NEXT CRITERIA IS THAT THE PROPERTY AND INTEREST FOR WHICH THE VARIANCE IS BEING REQUESTED WAS ACQUIRED IN GOOD FAITH AND ANY HARDSHIP WAS NOT CREATED BY THE APPLICANT FOR THE VARIANCE STAFF MAKING NO CLAIM ON THIS. OTHER THAN THAT, THEY THE FACTS ARE THAT THE THE PROPERTY WAS ACQUIRED BY DEED IN MARCH TWENTY TWENTY ONE.
THE NEXT CRITERIA IS THAT THE GRANTING OF THE VARIANCE WILL NOT BE OF SUBSTANTIAL DETRIMENT TO ADJACENT PROPERTY AND NEARBY PROPERTIES, BASICALLY, AND STAFF FINDS THAT THE PROPERTY MOST IMPACT BY THE REDUCED SETBACK IS THE PROPERTY TO THE NORTH, OWNED BY THE COUNTRY CLUB OF PETERSBURG, AND THE APPLICANTS HAVE SECURED A LETTER OF SUPPORT FROM THEM FROM THE PRESIDENT OF THE COUNTRY CLUB, THE BOARD OF DIRECTORS, STATING THAT THEY SUPPORT THIS REQUEST.
THE NEXT CRITERIA, AND I'M ALSO JUST FOR MISS WOODWARD'S PURPOSE, I'M GOING THROUGH THE THE CRITERIA ON PAGE FIVE.
I MIGHT BE ON PAGE SIX AT THIS POINT.
I'M SORRY. ALL RIGHT, SHE SAID.
SHE WAS WITH ME. ALL RIGHT. THE NEXT CRITERIA IS THAT THE CONDITION OR SITUATION OF THE
[00:20:01]
PROPERTY CONCERNED IS NOT OF SO GENERAL OR RECURRING NATURE AS TO MAKE BASICALLY AN ORDINANCE AMENDMENT AS APPROPRIATE.SO STAFF FINDS THAT THIS IS AN IRREGULAR SHAPE OF THE LOT IN QUESTION, AND IT'S UNIQUE TO THIS PROPERTY. IT'S NOT A REOCCURRING THING, SO AN ORDINANCE AMENDMENT WOULD NOT BE APPROPRIATE FOR THIS TYPE OF THING.
THE NEXT CRITERIA IS THAT THE GRANTING OF THE VARIANCE DOES NOT RESULT IN A USE THAT IS NOT OTHERWISE PERMITTED ON SUCH PROPERTY OR CHANGE THE ZONING CLASSIFICATION.
AND STEPH FINDS THAT THIS DOES NOT.
IT SATISFIES THIS CRITERIA BECAUSE IT DOES NOT RESULT IN A NEW USE OR ANYTHING LIKE THAT.
AND I THINK FINALLY, THE LAST CRITERIA IS THAT THE RELIEF OR REMEDY SOUGHT BY THE VARIANTS IS NOT AVAILABLE THROUGH AN ADMINISTRATIVE VARIANCE, A SPECIAL EXCEPTION OR A MODIFICATION OF THE APPLICABLE WARRANTS.
SO FIRST OF ALL, NO FOR THE SPECIAL EXCEPTION AND I KNOW FOR THE ORDINANCE AMENDMENT AND THEN SPECIFICALLY FOR THE ADMINISTRATIVE VARIANCE THAT ALLOWS UP TO A 50 PERCENT.
I'M NOT READING THIS AT THIS POINT.
I'M JUST NARRATING THAT ALLOWS UP TO A 50 PERCENT SETBACK OR 50 PERCENT REDUCTION OF THE ORDINANCES REQUIREMENT.
SO THE ORDINANCE REQUIRES THIRTY FIVE FEET AND ADMINISTRATIVE VARIANCE CAN ONLY GRANT UP TO SEVENTEEN AND A HALF SOMETHING LIKE THAT FEET.
SO. AND STAFF FINDS THAT THAT ADMINISTRATIVE BALANCE WAS WAS GRANTED FOR 10 FEET, AND THEY, OF COURSE, THIS IS NOT PERMITTED BY ADMINISTRATIVE VARIANCE, SO THEREFORE THEY ARE COMING BEFORE THE BOARD IS ZONING APPEALS WITH THIS REQUEST.
SO THAT THAT THAT WAS WHAT STAFF HAD TO SAY IN RESPONSE TO EACH OF THESE CRITERIA.
WE, OF COURSE, LEAVE IT UP TO THE BOARD TO MAKE A DECISION ON THIS.
THE THE BCA IS REQUIRED BY THE STATE CODE TO DETERMINE IF THE APPLICANT'S VARIANCE REQUEST MEETS THE STANDARDS FOR VARIANCE AS DEFINED IN THOSE SECTIONS THAT WE JUST WENT THROUGH.
IF THE BOARD DECIDES TO GRANT, THE VARIANCE, CONDITIONS MAY BE OPPOSED.
MAY BE IMPOSED TO MITIGATE IMPACTS ON ADJACENT PROPERTIES.
STAFF HAS RECOMMENDED A FEW CONDITIONS FOR THE BOARD'S CONSIDERATION, WHICH ARE INCLUDED IN THE DRAFT RESOLUTION.
AND HERE THEY ARE, ALSO COPIED.
THIS IS THESE CONDITIONS WERE TAILORED TO BE AS SPECIFIC AS POSSIBLE.
THIS IS FOREDECK FOR THIS PARTICULAR DECK THAT THEY HAVE PROPOSED AND THAT IT IS A WOULD RESULT IN A 15 FEET FOR THE DECK.
SO CONDITION NUMBER ONE IS THAT IT'S FOR A 10 FEET REDUCTION TO THE REAR YARD SETBACK REQUIREMENT OF TWENTY FIVE FEET THAT WAS ESTABLISHED UNDER THAT ADMINISTRATIVE VARIANCE.
THIS NUMBER TO THIS VARIANCE IS SPECIFICALLY FOR THE PROPOSED DECK, AS ILLUSTRATED ON THE SURVEY PLAT SUBMITTED WITH THE APPLICATION AND THE DECK SHALL BE LOCATED NO LESS THAN 15 FEET FROM THE REAR PROPERTY LINE AND SHALL NOT INCLUDE ANY ROOF ENCLOSURE.
SO AGAIN, BEING VERY SPECIFIC IS FOR A DECK AS THEY PROPOSE IT.
NUMBER THREE, NO FUTURE ADDITIONS TO THE MAIN STRUCTURE OR DECK SHALL BE PERMITTED WITHIN THE REQUIRED TWENTY FIVE FOOT REAR YARD SETBACK, AS ESTABLISHED UNDER THE ADMINISTRATIVE VARIANCE. SO SUMMARIZING THAT HOUSE HAS A TWENTY FIVE FOOT REAR YARD SETBACK REQUIREMENT TODAY, AND THIS REQUEST IS FOR JUST THE DECK TO BE UP TO 15 FEET FROM THE REAR YARD.
AND THE FINAL CONDITION IS TO STATING THAT THIS IS SPECIFICALLY ON THIS TAX MAP NUMBER AND IT RUNS WITH THE LAND.
STEPH, DID ALL THE REQUIRED PUBLIC NOTICE FOR ADJACENT PROPERTY OWNERS WERE NOTIFIED BY MAILING A LEGAL AD RAN FOR THIS REQUEST IN THE PROGRESS INDEX ON TWO SUCCESSFUL SUCCESSIVE WEEKS, AND THE APPLICANT RECEIVED A COPY OF THIS REPORT PRIOR TO THIS MEETING DATE, AND THE APPLICANT SUBMITTED A LETTER FROM AN ADJACENT PROPERTY OWNER STATING NO OBJECTIONS AND THEN TWO COMMENTS FROM AN ADJACENT PROPERTY.
OWNERS WERE RECEIVED BY STAFF AFTER FINALIZING THIS REPORT.
WE HAVE PROVIDED THOSE FOR YOU AND I'LL GO AHEAD AND READ THEM.
SO THAT WE CAN GET THEM INTO THE MINUTES, THE FIRST ONE WAS RECEIVED ON MONDAY, JANUARY 17TH TWENTY TWENTY TWO BY EMAIL FROM BRIAN PALMER, WHO LIVES AT 10 NINE ZERO FOUR BLUE RIDGE DRIVE. AND THEY SAID AS A PROPERTY OWNER THAT ABUTS THE PROPERTY AT 10 NINE ONE NINE BLAINE RIDGE DRIVE, I HIGHLY RECOMMEND THE BERBERA X BE GIVEN THE REQUESTED VARIANCE THEIR PROPERTY ONLY ENHANCES THEIR NEIGHBORHOOD.
[00:25:03]
THE SECOND COMMENT THAT STAFF RECEIVED WAS ON JANUARY 20TH.IT WAS A LETTER SUBMITTED BY EMAIL FROM LEWIS WYCHE.
HE. WHO IS AN ADJACENT PROPERTY OWNER? HE SAID IN RESPONSE TO THE NOTICE OF PUBLIC HEARING ON THE FOREGOING VARIANCE REQUEST OF MR. AND MRS. BURBRIDGE.
I ENCOURAGE THE BCA TO ALLOW THE VARIANCE TO ACCOMMODATE A DEC ADDITION 15 FEET FROM THE REAR PROPERTY LINE. HE DIDN'T.
I DO NOT PLAN TO ATTEND THE MEETING, BUT I REQUEST THAT THIS LETTER BE ENTERED INTO THE RECORD OF THAT PROCEEDING.
SO THOSE ARE THE TWO COMMENTS THAT WE RECEIVED PRIOR TO THIS POINT.
THAT COVERS ALL THE PUBLIC NOTICE I WANTED TO GO THROUGH.
AT THIS POINT, I CAN ANSWER ANY QUESTIONS SPECIFICALLY FOR ME.
IF YOU HAVE QUESTIONS FOR THE APPLICANT, THEY CAN COME UP SEPARATELY.
WHAT IS ONLY DRAINAGE IN UTILITIES? EASEMENT IN THE BACK.
I'M GOING TO DIRECT PART OF THAT QUESTION TO THE APPLICANT TO SAY IF THERE'S ANYTHING CONSTRUCTED THERE, THAT WAS SOMETHING THAT WAS ON THE RECORDED PLOT.
HAVE A RECORDED PLOT FROM TWENTY FIFTEEN AND JUST STATES THAT IT'S AN EASEMENT FOR DRAINAGE AND UTILITIES AND IT'S TEN FEET WIDE COMING OFF THAT REAR PROPERTY LINES.
I'LL LET THEM ANSWER IT IF THEY WANT TO ADD ANYTHING TO THAT.
DOES ANYBODY HAVE ANY OTHER QUESTIONS? I'D JUST LIKE TO HAVE THAT ONE DO BEFORE WE GO FURTHER.
WHAT WITH REGARD TO THE CONDITIONS THAT WERE SUGGESTED BY THE OFFICE? WOULD IT BE POSSIBLE FOR THIS FAMILY TO HAVE NOT A ROOF BUT SAY KIND OF A ARBOR TYPE ARRANGEMENT OR ONE OF THOSE SUN SCREEN TYPE THINGS THAT ROLL OUT? DID THEY WANT TO DO THAT OR WITH THOSE TYPE THINGS THAT I WOULD CONSIDER NONPERMANENT, NOT PART OF THE STRUCTURE WITH THOSE BE PERMITTED UNDER A NO NO.
NO, NOT BY THE NOT BY THE WAY, IT'S WRITTEN, THERE'S NOTHING ON TOP OF THE DECK.
OK. AND THIS MAY BE TOO TECHNICAL A QUESTION IF THEY PUT UP, IF YOU KNOW WHAT I'M TALKING ABOUT, IF IF YOU'VE SEEN PERGOLA TYPE OPEN STRUCTURES, YOU CAN WEAVE CLOTH THROUGH THEM AND THAT SORT OF THING, OR THERE ARE OUT AWNINGS THAT RETRACT AND EXTEND WITH THOSE TYPE.
THINGS BE PERMITTED UNDER THE CONDITIONS PROPOSED BY THE BY THE OFFICE.
AND WE'RE GOING TO THOUGHT ABOUT THAT.
I BEG YOUR PARDON. AND WE'RE GOING TO LOOK AT THAT REAL QUICK, AND I'LL GIVE YOU AN ANSWER. IT'S NUMBER TWO IT SAYS SHALL NOT INCLUDE ANY ROOF AND CLOSURE.
AND YOU KNOW, I'M JUST THINKING ABOUT A DECK IF IT AND I DON'T WANT IT TO HAVE A ROOF AND CLOSURE. BUT I THINK THERE ARE MORE PROTECTIVE KINDS OF SITUATIONS TO PROTECT EITHER FROM SUN OR, YOU KNOW, PERHAPS A LITTLE BIT FROM RAIN THAT ARE NOT ROOFS THERE.
WELL, THIS IS THAT'S WHAT SHE MEANS.
THEY. WE WOULD DO OUR BEST TO TO READ THIS IF THESE ARE THE CONDITIONS THAT ARE, YEAH, IF THESE ARE THE CONDITIONS THAT ARE PASSED, THEN WE WOULD DO OUR BEST TO READ BASED ON IT, SAYS NEW ROOF ENCLOSURE.
SO THAT WOULD KIND OF BE THAT WOULD BE REVIEWED ON A CASE BY CASE BASIS.
GENERALLY, THIS WOULD BE SOMETHING THAT WOULD REQUIRE A BUILDING PERMIT THAT WE WOULD BE LOOKING AT AND EITHER TURNING IT DOWN OR ACCEPTING IT.
ALSO, IF IF, IF YOU WANT TO HAVE A CONVERSATION WITH THE APPLICANT ON ON WHETHER TO CHANGE THE WORDING AND THE CONDITIONS, THAT'S THAT'S ALSO UP TO THE BOARD ON THAT STAFF THOUGHT I WANT TO.
IT PROBABLY KIND OF SAYING WHERE I'M GOING ON THIS, I WANT TO GIVE THEM THE OPPORTUNITY TO REALLY BE ABLE TO USE THE DECK.
SO I AGREE WITH NO PERMANENT ROOF STRUCTURE.
[00:30:01]
AND IF IT'S NOT ATTACHED TO THE STRUCTURE OF THE HOUSE, THEN I DON'T THINK THAT THERE WOULD BE VIOLATING THIS CONDITION.BUT. THANK YOU FOR TRYING TO ANSWER MY QUESTION.
YEAH, IF IF YOU KNOW, AGAIN, IF THE BOARD WANTS TO CHANGE ANY CONDITIONS LIKE ANY CHANGE OF WORDING, IF THEY WANT TO WORK WITH THE APPLICANT ON THAT, FOR EXAMPLE, TO ADDRESS WHAT YOU SAID, YOU COULD ADD THE WORD ANY PERMANENT ROOF ENCLOSURE WOULD BE ONE OPTION.
BELIEVING THAT THAT ALREADY IN IT, THAT IT CAN'T HAVE ANY PERMANENT ROOF, THAT'S WHAT IT SAYS HERE AND NO FEWER, AND WHAT CAROL WAS TALKING ABOUT WASN'T PERMANENT.
IT WAS A ROLLOUT OR THEY COULD ADD PERMANENT.
I THOUGHT THAT WAS ALREADY IN IT.
YOU SEE, YOU SEE YOU HEAR HERE, RIGHT? I. I HAVE A COUPLE OF QUESTIONS. FIRST QUESTION BEING SINCE BEHIND THEM IS AN EASEMENT FOR DRAINAGE AND UTILITIES. IS THERE ANY WETLANDS BACK THERE? IS IT WHERE IS IT MUSHY? IS IT? IS IT COMPLETELY DRY? IS IT FLAT? I MEAN, I DIDN'T HAVE A CHANCE TO GO LOOK AT THE.
REPORTERS ARE RIGHT, BUT BUT A GOLF COURSE, A LOT OF TIMES WE'LL HAVE WE'LL HAVE A WETLANDS AREA OR SOMETHING.
I HAD THE OPPORTUNITY TO TAKE TWO SITE VISITS OUT THERE.
WHEN THE PROPERTY, WHEN THE FIRST VARIANCE WAS GRANTED FOR THE FIRST 10 FEET, THAT VARIANCE WAS ADDED TO THE DEED, CORRECT? I MEAN, WHEN YOU ARE BOUGHT THE PROPERTY, YOU KNEW THAT THERE HAD BEEN A 10 FOOT VARIANCE ALREADY. HE SAYS YES.
AND WHEN YOU DESIGNED YOUR HOUSE.
I MEAN, I GUESS WHAT I'M TRYING TO UNDERSTAND IS, IS HOW YOU STARTED WITH A LOT THAT HAD NOTHING ON IT AND ENDED UP NEEDING MORE ROOM.
I MEAN, DO YOU WANT TO HAVE THEM COME UP AGAIN? WELL, NO, I DON'T PARTICULARLY NEED IT.
IT JUST IF IF I BOUGHT A PIECE OF PROPERTY, I PROBABLY WOULD DESIGN THE DWELLING TO BE WITHIN THE SCOPE OF THAT PROPERTY.
AND WHEN WE GIVE A SECOND 10 FOOT VARIANCE, THAT'S BEYOND HALF.
OF THE SETBACK THAT THE COUNTY IS REQUIRING.
DOES IT HAVE TO BE A FULL TEN FEET? WELL, ACTUALLY, ACTUALLY THE PRICE MEASUREMENT IS. WE'RE LIKE EIGHT FEET, BUT WE'RE JUST USING A LITTLE.
THE DECK EXTENDS OUT ON A VERY SMALL AND THE AND THE THE EASEMENT BEHIND IT, ALL THE UTILITIES COME IN FROM THE FRONT, THE SEWER, THE WATER AND THE ONLY UTILITY IN THAT EASEMENT. AND IT SAYS DRAIN DRAINAGE, BUT THERE'S NO DRAINAGE.
THE ONLY UTILITY IN THAT EASEMENT IS COMCAST, AND THAT'S THAT'S ALL THAT'S EVER GOING TO BE THERE. SO IT COULD BE AN EIGHT FOOT EASEMENT AND IT WOULD STILL MEET YOUR NEEDS WITHIN INSIDE THE 10 FOOT.
I DO KNOW THAT WHETHER IT'S WHAT WE'RE ASKING FOR 15 15 FOOT MAXIMUM TO BUILD, BUILD A DECKHAND, WE REALLY COULD, PROBABLY, WHICH IS AN ADDITIONAL 10 FOOT.
WE PROBABLY COULD GET BY WITH EIGHT FOOT.
HOW CAN WE ISSUE A VARIANCE ON A PROBLEM THAT YOU CREATED? WELL, IT'S A VERY ATTRACTIVE LOT IF YOU IF YOU SEE IT AND IT'S NOT ATTRACTIVE ON THAT PAPER, BUT YOU HAVE TO SEE IT BACKS UP TO THE GOLF COURSE.
WELL, IT'S BASICALLY WE ARE AN OLDER COUPLE AND WE WERE LOOKING AT CONDOS AND DECIDED WE WEREN'T READY FOR CONDO LIVING.
THE HOUSE IS VERY MAINTENANCE FREE, AND IT'S BASICALLY A HOUSE ON A SMALL LOT.
AND THE BACKYARD IS A TWO HUNDRED AND FIFTY ACRE GOLF COURSE THAT WE'VE BEEN MEMBERS OF FOR AS MUCH AS 30 YEARS.
AND THE GOLF COURSE HAS BEEN THAT WE CELEBRATED OUR CENTENNIAL, SO IT'S GOING TO BE THERE
[00:35:07]
AND THERE. WE'RE VERY ACTIVE IN THE COURSE AND WE KNOW JUST ABOUT EVERYBODY THERE, AND THAT'S WHY WE GOT ALL THESE ENCOURAGEMENT TO TO TO IT.IT'S JUST A VERY ATTRACTIVE PLACE.
IT'S JUST IT'S JUST WITH THE GOLF COURSE AND THE STREET, YOU HAVE A NARROW.
RIGHT. AND WE JUST CHOSE IT AS TO BUILD OUR HOUSE.
AND WE LIKE TO HAVE THIS DECK ON THE BACK BECAUSE IT ACTUALLY COMPLEMENTS THE HOUSE.
OTHERWISE WE'D HAVE TO DO SOMETHING SILLY LIKE THAT, THOSE SMALL DECKS.
AND THE THING I CAN'T GET ACROSS MY MIND IS, IN WORDS, WE THE VARIANCE IS A HARDSHIP.
AM I CORRECT IN THIS? THAT'S ONE OF THE CRITERIA.
MY UNDERSTANDING IN MY WHEN WE WERE DOING OUR CLASSWORK ON THIS THING, THAT YOU COULDN'T CREATE YOUR OWN HARDSHIP.
WHY AM I LOOKING AT IT WRONG? NO WORDS YOU WERE AWARE OF WHAT YOU HAD AND YOU'VE CREATED YOUR HARDSHIP.
WELL, ACTUALLY, WHEN I BOUGHT THE PROPERTY, THE DECK NEVER OCCURRED TO US.
IT'S JUST THAT IT'S IT'S IT'S A NICE THING TO HAVE.
IT COMPLEMENTS THE HOUSE AND IT DOESN'T AFFECT ANYONE EXCEPT THE GOLF COURSE, AND THEY'RE PERFECTLY HAPPY WITH IT.
AND MY WIFE, SHE'S OVERRIDES ME.
I JUST WANTED TO REITERATE THE LETTER THAT ON NOVEMBER, THE 19TH OF TWENTY TWENTY ONE FROM THE BOARD OF DIRECTORS, AS REQUESTED BOARD OF DIRECTORS DISCUSSION WAS HELD LAST NIGHT MEETING REGARDING YOUR PENDING REQUEST WITH PRINCE GEORGE COUNTY FOR A 15 FOOT SETBACK VARIANCE ON THE REAR PROPERTY OF YOUR NEW HOME BY UNANIMOUS CONSENT.
THE BOARD OF DIRECTORS OF THE COUNTRY CLUB OF PETERSBURG OFFICIALLY SUPPORTS THE REQUEST PRESENTED BY DAVID AND SUSAN BARBOUR REGARDING A CHANGE IN THE SETBACK REGULATIONS FOR THE REAR OF THE PROPERTY AT 10 NINE ONE NINE BLANDFORD DRAFT SOUTH PRINCE GEORGE.
THE VARIANCE REQUEST, AS WE UNDERSTAND IT, WILL BE TO A FIFTEEN FOOT POINT OFF THE EXISTING LINE OF THE COUNTRY CLUB'S PROPERTY AND THE BERBER PROPERTY.
THE LAST STATEMENT SAYS WELCOME TO THE NEIGHBORHOOD.
SO I DO UNDERSTAND WHERE YOU ALL ARE COMING FROM, AND THE LETTER OF THE LAW IS THE LETTER OF THE LAW. THIS, HOWEVER, IT SEEMS LIKE FROM TWO NEIGHBORS AND FROM THE COUNTRY CLUB OF PETERSBURG'S PRESIDENT, THEY ARE NOT.
THEY ARE NOT CONCERNED THAT THIS IS AN ISSUE.
WE HAVE ADDED A LOVELY HOME TO THE NEIGHBORHOOD, WHICH SOUNDS PRETTY EVIDENT, AND WE JUST HOPE Y'ALL WILL WILL APPROVE THIS.
CAROL, DO YOU HAVE ANY COMMENTS TO ANY OF THAT? I BELIEVE THAT WAS DIRECTED TO ME, MR. MCALLISTER. DID I HAVE ANY COMMENTS CORRECT OR ANY CLARIFICATION? I MEAN, WE PART OF THE CONCERN IS IS WE'RE MORE THAN DOUBLING WHAT THE COUNTY REQUIRES AS A SETBACK. WELL, I DO HAVE SOME FEELINGS ABOUT IT.
AS A RULE TRUST THAT A LOT OF RELIANCE ON THE ANALYSIS OF THE PLANNING AND ZONING STAFF, RIGHT, NOT ME ALSO, SO I'M PERSUADED BY THAT.
I'M ALSO PERSUADED BY THE FACT I DON'T BELIEVE IT CREATES ANY VIOLENCE TO OUR BASIC GENERAL ZONING ORDINANCES.
I DON'T THINK WE'RE TAKING A WILD LEAP BECAUSE IT'S A UNIQUE PROPERTY, AS THE STAFF ANALYSIS SUGGESTED.
UM, I'M ALSO, UM, HARDSHIP THE MEANING.
THE LEGAL MEANING OF HARDSHIP HAS CHANGED A LITTLE BIT OVER THE YEARS SINCE I'VE BEEN ON THE BOARD OF ZONING APPEALS, SO IT'S EASY TO TAKE A LITERAL DEFINITION OF HARDSHIP.
I THINK IS OPEN TO A BROADER INTERPRETATION.
YOU'VE GOT TO NEARBY OR ADJACENT LANDOWNERS WHO ARE VERY OK WITH THE REQUEST AND ALSO
[00:40:05]
THE COUNTRY CLUB, PROBABLY THE MAJOR ADJACENT NEIGHBOR WHO IS SATISFIED WITH THE REQUEST.SO I, I I LEAN TOWARDS PEOPLE BEING ABLE TO USE THEIR PROPERTY IN A WAY THAT'S APPROPRIATE. UM, THAT IS NOT VIOLATING OUR GENERAL ZONING ORDINANCES AND ALLOWS THEM TO MAKE THE MOST USE OF THEIR PROPERTY THEY CAN, WHICH DOESN'T IMPACT NEGATIVELY ON THEIR NEIGHBORS.
IT COULD BE THAT I USED TO BE A GOLFER.
I MAY BE PERSUADED BY THAT AS WELL.
BUT BUT AGAIN, I'VE PUT A LOT OF RELIANCE ON THE ANALYSIS OF THE PLANNING OFFICE, AND I DO LIKE THE CONDITIONS THAT THEY HAVE SUGGESTED.
WHAT I WOULD NOT WANT TO SEE HAPPEN IS A PERMANENT ROOF.
GO ON IT, IT GETS BLASTED AND IT BECOMES A FLORIDA ROOM BECAUSE I THINK THAT KIND OF VIOLATES WHAT THE APPLICANTS HAVE HAVE SAID TO US.
I REQUEST ALSO KNOW THEY NEED SOME PROTECTION FROM SUN.
THEY MIGHT NEED SOME PROTECTION FROM RAIN.
SO I THINK THERE ARE NON STRUCTURAL.
SO, MR MCCALLISTER, THOSE ARE MY ONLY OBSERVATIONS I READ THROUGH THIS, I WOULD YOU DID NOT GET THE PROPERTY TO LOOK AT IT.
BUT IT IS A HOME THAT IS WEDGED INTO AN ODD LOT.
AND AS WE GET MORE DEVELOPED, WE'RE GOING TO HAVE MORE ODD LOTS AND THEY'RE JUST KIND OF STANDARDS ABOUT WHAT GOES INTO MODERN HOUSING AND BENEFICIAL USE AND A DECK.
YOU KNOW, IF IT WERE OVER LAPPING INTO THE PETERSBURG COUNTRY CLUB PROPERTY, I MIGHT FEEL DIFFERENTLY IF IT DID VIOLENCE TO THE UTILITY EASEMENT.
AND I DON'T THINK IT DOES, THEN I WOULD FEEL DIFFERENTLY ABOUT IT.
BUT I THINK THIS IS A A REASONABLE, BENIGN REQUEST.
AND SO THAT'S. I PROBABLY WENT FURTHER THAN YOU INTENDED FOR ME TO GO.
WELL, NO, NO, I DO THINK THAT WE NEED TO HAVE A FULL UNDERSTANDING BECAUSE AS YOU MENTIONED, WE ARE GOING TO BE FACED WITH SOME OF THESE ODD SHAPES AND LARGE HOUSES, AND I'M SURE THERE'S GOING TO BE OTHER OTHER SITUATIONS.
IF MY FELLOW MEMBERS FELT LIKE PERHAPS THE CONDITIONS MIGHT NEED TO BE, I DON'T WANT TO SAY HARSHER BUT MORE STRICT, BE STRICTER.
YOU KNOW, I WOULD BE VERY UNDERSTANDING OF THAT.
BUT. I THINK IT'S A REASONABLE.
NON-DILUTIVE REQUEST FROM THE APPLICANTS, AND I HAVE NO PROBLEM WITH IT, WITH THE EXCEPTION OF I WISH WE COULD GET IT CLOSER TO HALF.
I JUST HATE EXCEEDING HALF OF THE SETBACK REQUIREMENT, BUT IT'S NOT IMPACTING ANYONE.
MAYBE DOESN'T MAKE ANY DIFFERENCE.
IS THERE ANY ADDITIONAL DISCUSSION? I FEEL THAT THE APPLICANTS THEY ARE SATISFIED WITH WHAT THEY HAVE REQUESTED AND UNDERSTOOD VERY WELL WITH CAROL WAS TRYING TO DO TO SEE IF THEY WANTED PROBABLY TO MAKE A DIFFERENCE OF ADDITION AT THIS TIME.
BUT IF YOU ARE COMFORTABLE WHAT YOU HAVE ASKED FOR, THEN WE SHOULD JUST GO AHEAD WITH THAT. SO THE QUESTIONS FOR THE APPLICANT IS, AND LET ME KNOW IF THIS IS CORRECT.
ARE YOU OK WITH THE CONDITIONS THAT ARE WRITTEN RIGHT NOW? YES, I AM. SO I'M WONDERING WHAT THEY ARE.
SHOWS THAT A LOT. NOW, IT'S FOOLISH, BUT BECAUSE OF THE WAY THE SUNSET AND THE TREES WE HAVE AND THE DECK AND WHERE WE LIVE NOW IS WE HAVE THE AFTERNOON SHADE AND WE WOULD HAVE THAT ON THIS DECK. WE HAVE NO INTENTIONS OF PUTTING ANY COVER OF IT WHATSOEVER IN THE FUTURE. SOMEBODY ELSE MIGHT.
BUT WE HAVE NONE. OK, WE LIKE AN OPEN DECK AND I'VE GOT A PLAN OF IT HERE.
[00:45:03]
AND IT'S IT'S NOT JUST A SWEPT UP DECK, IT'S IT'S VERY, VERY NICE DECK.IT'S A NICE NEIGHBORHOOD. AND IT'S.
AND TO NOT BUILD THIS DECK ON THE BACK OF THAT HOUSE WOULD BE AN INSULT TO THE HOUSE.
TO BUILD A LITTLE TINY DECK BACK, THERE WOULD NOT NEARLY AS BE AS ATTRACTIVE TO EITHER THE NEIGHBORS OR THE GOLFERS OR ANYBODY ELSE AS THIS NICE DECK AND VERY NICE RAILING.
IT'S GOING TO BE NICE, I PROMISE YOU THAT.
HOW? HOW DID YOU DESIGN IT WITH THE TWO SMALL DECKS TO START WITH? I DIDN'T, LEWIS.
THIS IS ACTUALLY A SUBDIVIDED LOT.
LOUIS WELSH ON ON THE WHOLE WYCHE.
I'M SORRY. HE'S AN ATTORNEY OVER HERE ACROSS THE STREET.
ANYWAY, HE HE WANTED TO SELL A PORTION A LOT, WHICH WAS BASICALLY GOING TO NATURE.
IT WAS TOO MUCH LIGHT FOR HIM TO.
SO HE FIGURED, OK, I CAN SUBDIVIDE THIS LOT BECAUSE IT WAS I MEAN, HE CUT OFF HALF AN ACRE AND HE STILL HAS A WELL OVER HALF AN ACRE.
AND HE SAID, BUT THE NEIGHBORHOOD DEMANDS A DECENT HOME.
YOU CAN'T PUT A. I TOLD HIM I WAS GOING TO PUT A DOUBLE-WIDE IN IT.
BUT BUT HE'S BEEN TRYING TO SELL IT ANY.
SO THE PROBLEM WAS PUT IN THE HOUSE, SUBSTANTIAL TO THE NEIGHBORHOOD OR.
AND SO HE HE GOT THE ORIGINAL VARIANCE.
AND MOST HOUSES THIS DAY AND AGE, YOU WANT TO HAVE A DECK.
IT'S AN ATTRACTIVE THING TO HAVE, ESPECIALLY IF YOU OWN A GOLF COURSE.
YOU KNOW YOU'RE GOING TO SIT BACK THERE, DRINK A BEER AND HOOT THE PEOPLE PLAYING GOLF.
BUT WE, WE WE BOUGHT THE LOT FROM HIM.
AND THEN HE HE TRIED TO MAKE IT ATTRACTIVE BY PUTTING THESE LITTLE DECKS ON IT, JUST STICKING THEM IN THEIR SLOT SO WE COULD STAY WITHIN THE VARIANCE OR THE SETBACK.
AND IT DOESN'T WORK FOR US, AND WE DIDN'T REALIZE THAT UNTIL WE BOUGHT THE LOT AND STARTED BUILDING. AND SO WE NEED TO IMPEDE ON THAT JUST A LITTLE BIT.
BUT IT WILL BE A COMPLIMENT TO THE.
YEAH, NO PROBLEM WITH IT. OK, YOU WANT TO PUT ALL WE WANT TO DO IS PUT TO OPEN THAT RIGHT? AND THAT'S STATED IN THE RESOLUTION AND IT IS THE REQUEST.
ALSO THINK IT STATES IN THERE THAT NO OTHER ADDITIONS, NO FUTURE ADDITIONS.
SO THE MAIN STRUCTURE OR DECK? AND THEN YOU HAVE IT.
THAT'S RIGHT. IT'S RIGHT THERE, THAT'S THE SAME WORDING THAT'S IN THE RESOLUTION.
NO FUTURE ADDITIONS TO THE MAIN STRUCTURE OR DECK AND NO FUTURE.
AS IN ANYTHING AFTER THIS ONE, DOES YOUR APPLICANT UNDERSTAND THAT? HE SAYS YES. IF YOU WANT TO PUT ANOTHER BEDROOM ON IT, YOU CAN'T.
I UNDERSTAND THAT, BUT I WANT TO PUT ANOTHER OFFICE IN.
NO, I DON'T HAVE ANY PROBLEMS WITH PUTTING THOSE GOLF COURSE OBSERVATORY, BASICALLY.
OK. IS THERE ANY FURTHER DISCUSSION? NO. ANY FURTHER QUESTIONS? APPLICANTS HAVE STATED WHAT THEY NEEDED TO SAY.
HAVE YOUR QUESTIONS BEEN ANSWERED? I DIDN'T REALLY HEAR THE ANSWER TO THE EASEMENT.
THE DRAINAGE AND THE WELL, THEY SAID IT WAS A DRY, A DRY AREA THAT IT WASN'T WET.
ALL UTILITIES COME IN FROM THE FRONT, THE WATER, THE SEWER, THE GAS.
THEY ALL COME IN FROM THE FRONT, THE ONLY WHEN WHEN THEY SET IT UP FOR DRAINAGE AND UTILITIES. I THINK THAT'S THE STANDARD LANGUAGE, BUT THERE IS NO DRAINAGE EXPECTED.
THERE'S NONE NOW. THE ONLY THING IN THAT EASEMENT RIGHT NOW IS A COMCAST COMMUNICATION LINE. THAT'S THE ONLY THING IN THAT EASEMENT.
EVERYTHING ELSE COMES IN FROM THE STREET.
IS THAT THE LOWEST PART OF THE LOT? YES, SIR. SO IT MEANS WATER WILL BE THERE.
THE WHOLE AREA AND I REALIZED THERE'S WATER ON GOLF COURSES, BUT IF YOU IF YOU LOOKED AT THIS, IF YOU IF YOU LOOK AT IT, YOU CAN SEE IT THERE.
IT ALL SLOPES AWAY FROM THE HOUSE AND THERE'S A BIG LAKE IN THE BACK.
BUT THAT'S ONE HUNDRED YARDS AWAY.
BUT NOW THERE'S NO CHANCE WHATSOEVER OF ANY ANY DRAINAGE PROBLEMS IN THAT AREA.
IT'S JUST ODD THAT IT SAYS DRAINAGE.
I MEAN, YOU DON'T. WELL, I THINK THAT'S GOING THE TOP OF THE MOUNTAIN.
I THINK THAT'S STANDARD LANGUAGE FOR AN EASEMENT, IF I'M NOT MISTAKEN.
YEAH, I CAN CONFIRM THAT'S THAT'S.
YOU'LL SEE THOSE ALONG PROPERTY LINES IN SMALL SUBDIVISIONS.
IT'LL JUST SAY DRAINAGE AND UTILITIES EASEMENT.
AND THERE'S NOT ALWAYS ANYTHING NECESSARILY PLANNED FOR THAT, BUT IT'S AVAILABLE IF
[00:50:04]
NEEDED. IT MAY NOT BE EVEN ANY UTILITIES ON IT.I THINK. BUT YOU CANNOT IMPINGE ON ANY EASEMENT.
I MEAN, WE COULDN'T GRANT BEYOND WHAT WE'RE GRANTING BECAUSE WE WOULD BE INTO THE AREA THAT'S CONSIDERED AN EASEMENT.
THE EASEMENT IS 10 FEET WIDE OFF OF THAT REAR LINE AND THE REQUESTED FOR 15 FEET OFF THE RAIL. SO, YES.
IS SOMEONE READY TO MAKE A MOTION? I'LL MAKE THE MOTION.
CAN WE OPEN THE PUBLIC HEARING FIRST? I THINK WE NEED A FOR THE RECORD OF PUBLIC HEARING.
I NEED TO OPEN IT, OK AT THIS POINT.
AND THERE'S NO ONE IN ATTENDANCE THAT APPEARS TO HAVE HAD ANY FURTHER COMMENTS. CAN WE CLOSE THE PUBLIC HEARING? I'LL CONFIRM THERE'S NO ONE ELSE ON ZOOM.
WE DON'T NEED THAT. MR. CROWDER SECONDED NOT NECESSARY, THOUGH, WAS IT? YEAH, WE DON'T NEED A MOTION TO CLOSE IT.
THE AUDIENCE IS SMALL AND THE PUBLIC HEARING IS CLOSED, AND WE'LL ENTERTAIN A MOTION ON THIS ISSUE.
ALL RIGHT, I'LL DO IT, AND THE STAFF MADE IT EASY.
I MOVE THAT WE APPROVE THIS REQUEST.
WHICH VARIANTS? TWENTY ONE DAYS TO REQUEST WITH THE CONDITIONS PROFFERED BY THE STAFF, AND I DON'T KNOW IF I NEED TO READ THOSE INTO THE RECORD SO YOU CAN ADVISE ON THAT, MR. GRAVES. WE HAVE A SAMPLE MOTION THAT IF YOU WISH TO USE IT, IT WOULD BE TO APPROVE THE REQUEST BY ADOPTING THE RESOLUTION.
AND THAT IS ON PAGE TWO OF THE STAFF REPORT, RIGHT? I HAVE THAT, BUT WITH THE FOLLOWING MODIFICATIONS TO THE RESOLUTION.
SO MY QUESTION WAS TO BE NEED TO READ THE CONDITIONS OR THE THE RESOLUTION INCLUDES THE STAFF RECOMMENDED CONDITIONS.
OK, SO WE DON'T HAVE TO SEND SEPARATELY CORRECT.
OK. A MOTION HAS BEEN MADE, DO I HEAR A SECOND, OUR SECOND? MOTION HAS BEEN MADE AND SECONDED.
CAN WE DO ROLL-CALL? MR MCALLISTER, YES.
YES, MR. CROWDER. WELL, I WOULD SAY, YES, LET ME EXPLAIN HIMSELF, IS NOBODY IN THIS COUNTY THAT BELIEVES IN PROPERTY RIGHTS ANY MORE THAN I DO, BUT IT SOMEWHERE ALONG THE LINE, WHEN YOU GET IN THIS CHAIR UP HERE, YOU'VE GOT TO THINK ABOUT EVERYBODY IN THIS COUNTY AND NOT JUST YOURSELF.
I THINK THIS IS STRETCHING THE LINE, BUT DUE TO MY COMMITMENT TO PROPERTY RIGHTS, I'M GOING TO SAY YES, BUT I WOULD LIKE THAT TO BE IN THE RECORD.
THANK YOU. OK, MOTION HAS BEEN MADE, SECONDED AND PASSED.
GAS, CONGRATULATIONS, ENJOY YOUR DECK.
WE WOULDN'T BE DOING OUR JOB IF WE DIDN'T ASK A FEW QUESTIONS.
BUT AS WE. AND THE NEXT ITEM ON TONIGHT'S AGENDA IS COMMUNICATIONS, AND I THINK TIM IS
[COMMUNICATIONS]
GOING TO COVER THAT.BEAR WITH ME, I'M GOING TO TURN BACK TO THE AGENDA.
[00:55:02]
OK. THE ONLY THING WE WERE GOING TO TALK ABOUT IN COMMUNICATIONS IS UPCOMING CASES.THERE ARE CURRENTLY NO CASES SCHEDULED.
OK. THIS CONCLUDES MY COMMUNICATIONS.
OK. WITH WITH NO FURTHER COMMENTS, DO I HEAR A MOTION TO ADJOURN? WHO HAS MADE A MOTION? IS THERE A SECOND BY SECOND? MRS BROWN HAS SECONDED.
ALL RIGHT, MRS. WOODWARD. YES, MR. CROWDER. YES, MRS. BROWN. YES, MRS. MCALLISTER. YES.
CAN I ADD SOMETHING? AND I SHOULD HAVE DONE THIS BEFORE ADJOURNMENT, BUT IT'S NOT GOING TO MAKE ANY DIFFERENCE IN THE OUTCOME OF THE MEETING.
I JUST WANT TO THANK THE STAFF.
THEY ALWAYS DO A WONDERFUL JOB OF PREPARING US.
I MEAN, WE EVEN HAD THE MOTION SPELLED OUT FOR US THIS TIME.
I DON'T THINK WE COULD HAVE BEEN BETTER PREPARED AND THAT'S THANKS TO THE EFFORTS OF THE STAFF. SO I JUST WANT TO MAKE SURE THAT THAT'S ACKNOWLEDGED.
THANK YOU SO MUCH. I GUESS WE'RE FINISHED.
LET ME TURN.
* This transcript was compiled from uncorrected Closed Captioning.