Bloomfield Township Zoning Board of Appeals Meeting on May 12, 2026

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Click any timestamp to jump the video to that moment. Auto-transcribed; expect occasional errors on proper nouns.

1. 0:00

   It's 6.30. Welcome to the May 12, 2026 Zoning Board of Appeals meeting for Bloomfield Township. Let's stand and say the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Please take attendance. So noted. All right, so I need a motion to approve or amend the minutes from the April 14th meeting. So moved. Support. So I have a motion in support. All those in favor say aye. Aye. Any opposed? The minutes are approved. So as a brief introduction, the Zoning Board of Appeals is a seven-member quasi-judicial body appointed by the Bloomfield Township Board of Trustees per the Michigan Zoning Enabling Act. Matters pending before the Zoning Board of Appeals are decided on a case-by-case basis. Any appeal or decision made by the Zoning Board of Appeals is subject to circuit court review. Each case will be called separately in the orders shown on tonight's agenda. There will be an opportunity for public comment at one point during each case. Thank you very much. Thank you very much. All persons wishing to comment will be asked to provide their name and address at the podium, address your comments to the board and not the applicant or other members of the public. Given the number of appeals tonight, please make your comments brief. Comments by the Neighborhood Association will be considered as part of the factual information presented to the board, but those comments are not the determining factor for approval or denial. Please confine comments to the specific request before the board. For a request to be successful, an affirmative vote of at least four members present is required. We hope this provides a better understanding of what you can expect at tonight's meeting. And so now we'll call the first item, item 1T, 810 Highwood. Is the applicant ready? Okay.

2. 1:15

   Any appeal or decision made by the Zoning Board of Appeals is subject to circuit court review. Each case will be called separately in the orders shown on tonight's agenda. There will be an opportunity for public comment at one point during each case. Thank you very much. Thank you very much. All persons wishing to comment will be asked to provide their name and address at the podium, address your comments to the board and not the applicant or other members of the public. Given the number of appeals tonight, please make your comments brief. Comments by the Neighborhood Association will be considered as part of the factual information presented to the board, but those comments are not the determining factor for approval or denial. Please confine comments to the specific request before the board. For a request to be successful, an affirmative vote of at least four members present is required. We hope this provides a better understanding of what you can expect at tonight's meeting. And so now we'll call the first item, item 1T, 810 Highwood. Is the applicant ready? Okay. Good evening, everyone. Welcome back. Thank you. I was going to say, you may have recognized me from last month. So we're back in front of you. I actually just got a communication from my client that they would like to remove the permissions request for the fountain. So I'm just in front of you tonight for the fence. So that is a dimensional variance for the fence that falls in the secondary front yard along Squirrel Road. It's a four-foot height pool and dog enclosure. Yeah. I have no test. Good evening,!' Good evening, ma' OuOu-Ozion. here. fence um it's going to be screened from squirrel road with a line of evergreen trees it also maintains the four foot height per pool code and township height restrictions and it is set back 13 foot 8 inches from the property line and so just as a reminder uh this is back before us because it was not noticed as a dog enclosure at the last meeting do we have any questions of the applicant so i'll open this to the public because anyone here would like to comment on this agenda item i'll close the public hearing and then bring it back to the board for discussion or a motion a couple questions from the last meeting one the zba and at the zba the

3. 2:30

   Good evening, everyone. Welcome back. Thank you. I was going to say, you may have recognized me from last month. So we're back in front of you. I actually just got a communication from my client that they would like to remove the permissions request for the fountain. So I'm just in front of you tonight for the fence. So that is a dimensional variance for the fence that falls in the secondary front yard along Squirrel Road. It's a four-foot height pool and dog enclosure. Yeah. I have no test. Good evening,!' Good evening, ma' OuOu-Ozion. here. fence um it's going to be screened from squirrel road with a line of evergreen trees it also maintains the four foot height per pool code and township height restrictions and it is set back 13 foot 8 inches from the property line and so just as a reminder uh this is back before us because it was not noticed as a dog enclosure at the last meeting do we have any questions of the applicant so i'll open this to the public because anyone here would like to comment on this agenda item i'll close the public hearing and then bring it back to the board for discussion or a motion a couple questions from the last meeting one the zba and at the zba the hoa was not in favor of this did you happen to work with them and get their approval that's correct no we're planning on speaking with them further after the outcome of this meeting it's usually the opposite of how we would normally do it so based on our permit if we give you yes then you can go to the hoa and they can what's the repercussions right so it's kind of the usually you would get that approval or um some type of a compromise compromise prior to coming feedback sure okay and then how far is the uh uh dog fence from the property to the south 25 feet are you planning on putting evergreens there yes know it's not shown but they plan on adding evergreens that's correct so they want to put in trees that well so they're thinking of doing like green giant arborbites there to do the shade so the space you know spatially they're going to be about seven to eight foot on center so upon planting and a minimum of

4. 3:45

   hoa was not in favor of this did you happen to work with them and get their approval that's correct no we're planning on speaking with them further after the outcome of this meeting it's usually the opposite of how we would normally do it so based on our permit if we give you yes then you can go to the hoa and they can what's the repercussions right so it's kind of the usually you would get that approval or um some type of a compromise compromise prior to coming feedback sure okay and then how far is the uh uh dog fence from the property to the south 25 feet are you planning on putting evergreens there yes know it's not shown but they plan on adding evergreens that's correct so they want to put in trees that well so they're thinking of doing like green giant arborbites there to do the shade so the space you know spatially they're going to be about seven to eight foot on center so upon planting and a minimum of eight foot height so they're not going to immediately necessarily screen the fence completely but height wise they will and then once they grow in we're not going to plant them super tight so they have room to grow in so we enforce rules that state that it has to be screened at time of planting so we enforce the same rules to you as other people and we understand that we want to make sure that the trees are healthy enough so that they can be able to grow and not crowd each other but how can I allow you to plant them eight feet apart and then the next person I say you have to screen it if I see it the ordinance guy's gonna come by that's we have to make it standard for everybody understood so what's a comfortable spacing then for an eight foot evergreen that you could do eight foot and then just stagger them in front of the other right you make so that way it's still completely blocked. Understood, so similar to the treatment on Squirrel? Yes. That's acceptable. And again, you're only 13 feet from the side yard on Squirrel. Off of Squirrel, correct. Versus 16. Correct. And that's 13 to your property line, not the easement, correct?

5. 5:00

   going to be about seven to eight foot on center so upon planting and a minimum of eight foot height so they're not going to immediately necessarily screen the fence completely but height wise they will and then once they grow in we're not going to plant them super tight so they have room to grow in so we enforce rules that state that it has to be screened at time of planting so we enforce the same rules to you as other people and we understand that we want to make sure that the trees are healthy enough so that they can be able to grow and not crowd each other but how can I allow you to plant them eight feet apart and then the next person I say you have to screen it if I see it the ordinance guy's gonna come by that's we have to make it standard for everybody understood so what's a comfortable spacing then for an eight foot evergreen that you could do eight foot and then just stagger them in front of the other right you make so that way it's still completely blocked. Understood, so similar to the treatment on Squirrel? Yes. That's acceptable. And again, you're only 13 feet from the side yard on Squirrel. Off of Squirrel, correct. Versus 16. Correct. And that's 13 to your property line, not the easement, correct? Correct, to the property line, 13 foot eight. The client is amenable to going 16 if we were gonna treat it as a side yard. I think that would be looked upon favorably, and a good idea. Do we have any comments from the Neighborhood Association that we talked about last week, that I don't know, last month? Did anybody speak? The HOA president did. And based on this applicant's feedback is they have not been able to circle back to come up with a consensus with the HOA. Now, again, we don't necessarily have HOA has influence in our decision, but isn't the governing body here. And to me, because it's a four-foot fence, she's put up the screening, she's now pulled it back to 16 feet on the side yard. I'm okay with it. I think she's made several compromises. So, let's see if we can get this passed. Mr. Chairman, I'd like to make a motion. Please do. So, in regard to the appeal...

6. 6:15

   And that's 13 to your property line, not the easement, correct? Correct, to the property line, 13 foot eight. The client is amenable to going 16 if we were gonna treat it as a side yard. I think that would be looked upon favorably, and a good idea. Do we have any comments from the Neighborhood Association that we talked about last week, that I don't know, last month? Did anybody speak? The HOA president did. And based on this applicant's feedback is they have not been able to circle back to come up with a consensus with the HOA. Now, again, we don't necessarily have HOA has influence in our decision, but isn't the governing body here. And to me, because it's a four-foot fence, she's put up the screening, she's now pulled it back to 16 feet on the side yard. I'm okay with it. I think she's made several compromises. So, let's see if we can get this passed. Mr. Chairman, I'd like to make a motion. Please do. So, in regard to the appeal... at 810 highwood for the accessory structure i move the request to be approved as amended basic information presented the applicant did demonstrate compliance with section 42-76 standards because the use of accessory structure is appropriate to the neighborhood as we have pool fences and dog enclosure fence we want to make sure it's safe for not only the people that live there but so that neighbors or somebody else is involved in that pool the amendments that we're making to this is it's going to be 16 feet from the squirrel lake of the squirrel road setback not 13 feet and then we were going to plant whatever type of evergreen style plantings that you want to the height of the fence whether it's staggered whether it's however you guys are going to do it but it cannot be seen even at time of planting so however you guys want to do that with your landscape architect that's great um and again on the west south um north and east side all those that all that fence has to be covered so all the fence has to be screened so along that north side it's driveway isn't it that's correct so we have the screening that goes up a squirrel and then they have you know there's some existing

7. 7:30

   at 810 highwood for the accessory structure i move the request to be approved as amended basic information presented the applicant did demonstrate compliance with section 42-76 standards because the use of accessory structure is appropriate to the neighborhood as we have pool fences and dog enclosure fence we want to make sure it's safe for not only the people that live there but so that neighbors or somebody else is involved in that pool the amendments that we're making to this is it's going to be 16 feet from the squirrel lake of the squirrel road setback not 13 feet and then we were going to plant whatever type of evergreen style plantings that you want to the height of the fence whether it's staggered whether it's however you guys are going to do it but it cannot be seen even at time of planting so however you guys want to do that with your landscape architect that's great um and again on the west south um north and east side all those that all that fence has to be covered so all the fence has to be screened so along that north side it's driveway isn't it that's correct so we have the screening that goes up a squirrel and then they have you know there's some existing trees on the corner of high wood and squirrel because it's a four foot fence i just don't like seeing fences from the road no i'm so and you're not going to see it from the road their elevation properties and along that northeastern portion they are screening that perfect so the only side that we're not screening is the north side with again there's an elevation change from the road they're not gonna see it anyways correct is the northwest side yeah and again it's to be able to see it from the road so if we can't see from the road that would actually suffice so with that if this if this motion is approved application for all necessary permits must be made within one year and all permits must be obtained prior to installation and again the additional evidence screenings will be required on the west south and east side which you said you were already doing anyways and there will be planted to the height of this defense at town applicant at time of planting so I have a very well developed motion and support any discussion all those in favor say aye aye aye any opposed congratulations thank you so calling item one three two four nine south bradway

8. 8:45

   so we have the screening that goes up a squirrel and then they have you know there's some existing trees on the corner of high wood and squirrel because it's a four foot fence i just don't like seeing fences from the road no i'm so and you're not going to see it from the road their elevation properties and along that northeastern portion they are screening that perfect so the only side that we're not screening is the north side with again there's an elevation change from the road they're not gonna see it anyways correct is the northwest side yeah and again it's to be able to see it from the road so if we can't see from the road that would actually suffice so with that if this if this motion is approved application for all necessary permits must be made within one year and all permits must be obtained prior to installation and again the additional evidence screenings will be required on the west south and east side which you said you were already doing anyways and there will be planted to the height of this defense at town applicant at time of planting so I have a very well developed motion and support any discussion all those in favor say aye aye aye any opposed congratulations thank you so calling item one three two four nine south bradway hi my name is Rick Wayne I'm here with SW luxury homes seeking a one-foot variance key excuse me a little bit of a cold we have a we're expanding an existing home built in the 50s this one but here we this is and the garage is now a is a term correct a non-conforming yep situation we're extending the garage back about 13 feet and would like to maintain the existing side yard setback so it's not to create any oddities with the jog in the building Andrea knows how sensitive the village is with regard to oddities on the exterior and I think you're very probably very familiar with this situation I'm happy to answer any questions

9. 10:00

   congratulations thank you so calling item one three two four nine south bradway hi my name is Rick Wayne I'm here with SW luxury homes seeking a one-foot variance key excuse me a little bit of a cold we have a we're expanding an existing home built in the 50s this one but here we this is and the garage is now a is a term correct a non-conforming yep situation we're extending the garage back about 13 feet and would like to maintain the existing side yard setback so it's not to create any oddities with the jog in the building Andrea knows how sensitive the village is with regard to oddities on the exterior and I think you're very probably very familiar with this situation I'm happy to answer any questions it looks so we have the approval from Kathy Wisenborn also which is the HOA yes I should have said that we do have the village well mr. I'll make a motion oh I got open the public I'm sorry I like your enthusiasm that's good I got anyone in the public that would like to comment on this item open the public hearing so closed public hearing and ready for a motion okay well with regard to the dimensional variance at the address of 3249 Bradway Boulevard for the variance required for an addition to an existing non-conforming garage that will encroach one foot into the required 16 foot side yard setback I move that the variance be approved as requested based on the information presented the applicant did demonstrate all standards for practical difficulty because compliance with the strict letter the ordinance would be unduly burdensome due to that this is already a non-conforming structure in the size of the lot there is no injustice to the joining neighbors by reason that it is consistent with other homes in the area the unique circumstances with the property have been demonstrated due to the fact that

10. 11:15

    very probably very familiar with this situation I'm happy to answer any questions it looks so we have the approval from Kathy Wisenborn also which is the HOA yes I should have said that we do have the village well mr. I'll make a motion oh I got open the public I'm sorry I like your enthusiasm that's good I got anyone in the public that would like to comment on this item open the public hearing so closed public hearing and ready for a motion okay well with regard to the dimensional variance at the address of 3249 Bradway Boulevard for the variance required for an addition to an existing non-conforming garage that will encroach one foot into the required 16 foot side yard setback I move that the variance be approved as requested based on the information presented the applicant did demonstrate all standards for practical difficulty because compliance with the strict letter the ordinance would be unduly burdensome due to that this is already a non-conforming structure in the size of the lot there is no injustice to the joining neighbors by reason that it is consistent with other homes in the area the unique circumstances with the property have been demonstrated due to the fact that there are already there is an existing home with a certain degree of he's working with the size of the lot and as a result it is not self-created so if approved the motion must include application for all necessary permits to be made within one year and all permits must be obtained prior to construction support I have a motion and support any discussion all those in favor say aye aye any opposed congratulations so now we're going to be calling item 2 which is 5385 Longmeadow hi board members so my name is Sabrina Brown with Mosier Design Co and I'm here on behalf of the homeowners at 5385 Longmeadow so I'm here before you tonight for two requests the first is regarding associated with the proposed pool house that was previously approved as well as a permission and quest for partially partially recessed chillers to kind of act as an ice rink over the originally proposed tennis court so i'd like to address the pool house first so

11. 12:30

    circumstances with the property have been demonstrated due to the fact that there are already there is an existing home with a certain degree of he's working with the size of the lot and as a result it is not self-created so if approved the motion must include application for all necessary permits to be made within one year and all permits must be obtained prior to construction support I have a motion and support any discussion all those in favor say aye aye any opposed congratulations so now we're going to be calling item 2 which is 5385 Longmeadow hi board members so my name is Sabrina Brown with Mosier Design Co and I'm here on behalf of the homeowners at 5385 Longmeadow so I'm here before you tonight for two requests the first is regarding associated with the proposed pool house that was previously approved as well as a permission and quest for partially partially recessed chillers to kind of act as an ice rink over the originally proposed tennis court so i'd like to address the pool house first so this item actually appeared before you as i said a couple months ago at that time the board reviewed the proposed structure and granted the associated height variance however during the public notice process it was inadvertently missed that size variance was also required and the staff were very helpful in assisting us to kind of get that resolved so we are now back in front of you with regards to the size variance so importantly to note that with the wording of the ordinance the attached second dairy garage is technically considered an accessory structure so since that's considered an accessory structure that puts us over with the pool house that 50 allowed square footage of the first floor of the house so if it was considered part of the primary structure this pool house would have no issues with regards to that ordinance so that's kind of the confusion with this um but it will be the height has not changed the pool house has not changed the screening that did get approved did not change it will be fully screened it is kind of more the technicality of that size difference so the second item is

12. 13:45

    ice rink over the originally proposed tennis court so i'd like to address the pool house first so this item actually appeared before you as i said a couple months ago at that time the board reviewed the proposed structure and granted the associated height variance however during the public notice process it was inadvertently missed that size variance was also required and the staff were very helpful in assisting us to kind of get that resolved so we are now back in front of you with regards to the size variance so importantly to note that with the wording of the ordinance the attached second dairy garage is technically considered an accessory structure so since that's considered an accessory structure that puts us over with the pool house that 50 allowed square footage of the first floor of the house so if it was considered part of the primary structure this pool house would have no issues with regards to that ordinance so that's kind of the confusion with this um but it will be the height has not changed the pool house has not changed the screening that did get approved did not change it will be fully screened it is kind of more the technicality of that size difference so the second item is these chillers so they are partially recessed into the ground two foot below grade and three foot exposed not only is there screening along the actual property line but they are going to be adding screening directly around the chiller area at four feet in height so covering it by in addition to one foot obviously if any drainage is a concern there is a whole site drainage area that has positive drainage away from it and yeah it should be noted that all of these units have approximately 60 decibels which is pretty standard to a standard AC unit but I would be happy to answer any questions so this is interesting yeah you know typically when we have a request for an ice rink there's other you know conditions that we put on it which would also apply to the tennis court right so it can't be lit correct and it is following we have it following all of the same okay rules as the sport court okay any other questions sorry I'll open this to the public they would like to comment on this side close public hearing then bring it back for further questions or a motion mr. chairman

13. 15:00

    these chillers so they are partially recessed into the ground two foot below grade and three foot exposed not only is there screening along the actual property line but they are going to be adding screening directly around the chiller area at four feet in height so covering it by in addition to one foot obviously if any drainage is a concern there is a whole site drainage area that has positive drainage away from it and yeah it should be noted that all of these units have approximately 60 decibels which is pretty standard to a standard AC unit but I would be happy to answer any questions so this is interesting yeah you know typically when we have a request for an ice rink there's other you know conditions that we put on it which would also apply to the tennis court right so it can't be lit correct and it is following we have it following all of the same okay rules as the sport court okay any other questions sorry I'll open this to the public they would like to comment on this side close public hearing then bring it back for further questions or a motion mr. chairman I'd like to make motion sure in regards the permission requests at five three eight five long meadow road for the accessory structure exceeding the 50 usable space as well as the um two chillers or ground ground mounted mechanical units not adjacent to the home um i prove i move the request be approved as submitted based information presented the applicant did demonstrate compliance section 42-76 standards because the use of this accessory structure is appropriate to the neighborhood as many other people in this area have these we've already approved the structure it's just a matter of kind of that technicality associated with the um overall size of the accessory space as well as people have sports courts and um tennis courts and other types of things in this area so that is all standard um if this motion is approved application for all necessary permits must be made within one year and all permits must be obtained prior to the installation additional evergreen screening shall be required which we've already gone over in the last um one uh for specifically for the ice rain chillers which you already said you're going to do at four feet and then um the the use of the ice rink is limited to daytime hours only cannot be lit

14. 16:15

    public hearing then bring it back for further questions or a motion mr. chairman I'd like to make motion sure in regards the permission requests at five three eight five long meadow road for the accessory structure exceeding the 50 usable space as well as the um two chillers or ground ground mounted mechanical units not adjacent to the home um i prove i move the request be approved as submitted based information presented the applicant did demonstrate compliance section 42-76 standards because the use of this accessory structure is appropriate to the neighborhood as many other people in this area have these we've already approved the structure it's just a matter of kind of that technicality associated with the um overall size of the accessory space as well as people have sports courts and um tennis courts and other types of things in this area so that is all standard um if this motion is approved application for all necessary permits must be made within one year and all permits must be obtained prior to the installation additional evergreen screening shall be required which we've already gone over in the last um one uh for specifically for the ice rain chillers which you already said you're going to do at four feet and then um the the use of the ice rink is limited to daytime hours only cannot be lit no illumination is uh permitted on the ice rink and the ice rink must be converted by may 1st 2027 and the area be restored i guess it doesn't need to be restored it's a tennis court in the news so yes during winter use yes if you're putting your turn to its original tennis court state are they putting up boards and backing and everything like that yes there will be kind of the perimeter that actually holds the water in yes so then that will be removed correct so which that's that's we done now May first so for the dimensional variance in regards to the appeal at 5385 Long Metal Road for the dimensional variance again for the 50% exceeding the accessory space for the structure I'm with the variance be approved as requested information presented the up it did demonstrate compliance all section practical difficulty because compliance just strict letter of the ordinance would be unduly burdensome because again people in this area have this type of structure it is normal for the area there's no injustice to join your neighbors by the reason of we're screening it and other neighbors have a similar type of accessory building unique circumstance of this property been demonstrated given the fact that again it is a large home with large accessory

15. 17:30

    and then um the the use of the ice rink is limited to daytime hours only cannot be lit no illumination is uh permitted on the ice rink and the ice rink must be converted by may 1st 2027 and the area be restored i guess it doesn't need to be restored it's a tennis court in the news so yes during winter use yes if you're putting your turn to its original tennis court state are they putting up boards and backing and everything like that yes there will be kind of the perimeter that actually holds the water in yes so then that will be removed correct so which that's that's we done now May first so for the dimensional variance in regards to the appeal at 5385 Long Metal Road for the dimensional variance again for the 50% exceeding the accessory space for the structure I'm with the variance be approved as requested information presented the up it did demonstrate compliance all section practical difficulty because compliance just strict letter of the ordinance would be unduly burdensome because again people in this area have this type of structure it is normal for the area there's no injustice to join your neighbors by the reason of we're screening it and other neighbors have a similar type of accessory building unique circumstance of this property been demonstrated given the fact that again it is a large home with large accessory space and that is okay this is not self-created due to the fact that again we already approved the structure now we're just doing the technicality of the accessory space again same conditions apply so I have a motion and support a discussion all those in favor say aye aye any opposed congratulations request is granted I apologize and neglected to say at the start of the meeting that item 4 which is 4906 cheering cross has been removed so that is not going to be heard tonight and then item 5 which is 6700 mark court has been postponed so items 4 and items 5 will not be here tonight. So now let's go to item 3, which is 3289 Devonbrook Drive. Is the applicant ready? Okay. Good evening. We're here to get permission to put in a shed. Did you tell us where it's

16. 18:45

    demonstrated given the fact that again it is a large home with large accessory space and that is okay this is not self-created due to the fact that again we already approved the structure now we're just doing the technicality of the accessory space again same conditions apply so I have a motion and support a discussion all those in favor say aye aye any opposed congratulations request is granted I apologize and neglected to say at the start of the meeting that item 4 which is 4906 cheering cross has been removed so that is not going to be heard tonight and then item 5 which is 6700 mark court has been postponed so items 4 and items 5 will not be here tonight. So now let's go to item 3, which is 3289 Devonbrook Drive. Is the applicant ready? Okay. Good evening. We're here to get permission to put in a shed. Did you tell us where it's located and what it's made of? Yep, it is just your typical 10 by 16 shed, wood sided, actual shingled top, doors in the rear of the house. And you have a landscape plan? Yep, just our varieties around it so that it's screened, probably some Hostas date lilies, that kind of thing. As you can see there's pine trees down the side of the house already, so you really can't see into the backyard from that side of the property anyway. Anything else you'd like to add before I open the public hearing? I don't think so. Okay, I'll open this for public comment. Anyone would like to comment on this item? So close the public hearing, bring it back to the... any further questions of the applicant so I might as well bring it up so your screening plan I don't know if it's gonna be adequate based on what we're saying to everybody right so it has to be good to plant some type of evergreen style trees mm-hmm so those pine trees that you have now which are beautiful

17. 20:00

    Okay. Good evening. We're here to get permission to put in a shed. Did you tell us where it's located and what it's made of? Yep, it is just your typical 10 by 16 shed, wood sided, actual shingled top, doors in the rear of the house. And you have a landscape plan? Yep, just our varieties around it so that it's screened, probably some Hostas date lilies, that kind of thing. As you can see there's pine trees down the side of the house already, so you really can't see into the backyard from that side of the property anyway. Anything else you'd like to add before I open the public hearing? I don't think so. Okay, I'll open this for public comment. Anyone would like to comment on this item? So close the public hearing, bring it back to the... any further questions of the applicant so I might as well bring it up so your screening plan I don't know if it's gonna be adequate based on what we're saying to everybody right so it has to be good to plant some type of evergreen style trees mm-hmm so those pine trees that you have now which are beautiful on your property aren't gonna be enough to completely block it from the road so we're gonna have to put some additional whatever that may be right in so are you agreeing to that and more than happy you have to be exceed the height at least the height of the structure or exceeding it at time of planting okay so we'd have to put in like 10 foot tall are varieties or whatever okay because there's literally an apple tree behind it currently and I know you're you really almost won't be able to see any of it you if you were really looking the four pine trees are 30 feet tall like they're big so it's just the bottom part of it yeah but they go to the ground the pine trees but as long as you can't see from the road and it's adequate but if it's not okay then you will have to plant as long as you understand that and you can pick that into your budget I think we can get you a motion okay I think we're ready for a motion I think because I think she understands the condition I just want to point a clarification it sounds like the motion has to do with only requiring screening from the road so I just wanted to get a clarification in terms of any other landscaping surrounding them yeah it has to be screened you said the road

18. 21:15

    style trees mm-hmm so those pine trees that you have now which are beautiful on your property aren't gonna be enough to completely block it from the road so we're gonna have to put some additional whatever that may be right in so are you agreeing to that and more than happy you have to be exceed the height at least the height of the structure or exceeding it at time of planting okay so we'd have to put in like 10 foot tall are varieties or whatever okay because there's literally an apple tree behind it currently and I know you're you really almost won't be able to see any of it you if you were really looking the four pine trees are 30 feet tall like they're big so it's just the bottom part of it yeah but they go to the ground the pine trees but as long as you can't see from the road and it's adequate but if it's not okay then you will have to plant as long as you understand that and you can pick that into your budget I think we can get you a motion okay I think we're ready for a motion I think because I think she understands the condition I just want to point a clarification it sounds like the motion has to do with only requiring screening from the road so I just wanted to get a clarification in terms of any other landscaping surrounding them yeah it has to be screened you said the road I do apologize. It has to be screened so that none of your neighbors can see it. Northeast and West. It's screened from public view, so wherever that is. And so I just, is this clear enough for enforcement to be able to interpret? Now it is, yes. Okay. We want to help everybody here. Okay, let's go forth with a clear motion. All right, well, I'd like to motion to approve the permission request. For the property at 3289 Devon Brook Drive for a shed. I move that the request be approved as submitted based on the information presented. The applicant did demonstrate compliance with section 42-7.6 standards. Because the use of the accessory structure is appropriate for the neighborhood as sheds are very common. And the accessory structure should not be objectionable to nearby residents because it's going to be adequately screened. With that said, if approved, the motion also includes application for all necessary permits must be made within one year. And all permits must be obtained prior to installation. And additional evergreen plantings will be required to screen the shed from public view. And must meet or exceed the height of the shed at the time of planting.

19. 22:30

    I do apologize. It has to be screened so that none of your neighbors can see it. Northeast and West. It's screened from public view, so wherever that is. And so I just, is this clear enough for enforcement to be able to interpret? Now it is, yes. Okay. We want to help everybody here. Okay, let's go forth with a clear motion. All right, well, I'd like to motion to approve the permission request. For the property at 3289 Devon Brook Drive for a shed. I move that the request be approved as submitted based on the information presented. The applicant did demonstrate compliance with section 42-7.6 standards. Because the use of the accessory structure is appropriate for the neighborhood as sheds are very common. And the accessory structure should not be objectionable to nearby residents because it's going to be adequately screened. With that said, if approved, the motion also includes application for all necessary permits must be made within one year. And all permits must be obtained prior to installation. And additional evergreen plantings will be required to screen the shed from public view. And must meet or exceed the height of the shed at the time of planting. Support. I have a motion and support. Any discussion? All those in favor say aye. Aye. Any opposed? Congratulations. Your request is granted. Thank you. Andru. Thank you. Thank you. Thank you. So now we'll move ahead to item 6, 35, 39, Walbury. Hi guys, it's Randy from Action Fence. I'm here for the homeowner. And we're looking at the permission request for this one more time. Last time we were here, we were just getting the fence because this is a double front yard. Now there's been some changes with their dog situation. And now there's going to be a dog there sometime. So they want to get a permission request for dog containment. So when we approved this, we didn't realize there was a dog. Correct. Now it's been re-noticed as a dog enclosure fence. And so that's why you're back here. Correct. Okay. When I originally saw this person, it was a brand new house. I saw her dad. Didn't mention anything about a dog to me prior to nor during. So I was as surprised as you guys are that I'm here today.

20. 23:45

    And must meet or exceed the height of the shed at the time of planting. Support. I have a motion and support. Any discussion? All those in favor say aye. Aye. Any opposed? Congratulations. Your request is granted. Thank you. Andru. Thank you. Thank you. Thank you. So now we'll move ahead to item 6, 35, 39, Walbury. Hi guys, it's Randy from Action Fence. I'm here for the homeowner. And we're looking at the permission request for this one more time. Last time we were here, we were just getting the fence because this is a double front yard. Now there's been some changes with their dog situation. And now there's going to be a dog there sometime. So they want to get a permission request for dog containment. So when we approved this, we didn't realize there was a dog. Correct. Now it's been re-noticed as a dog enclosure fence. And so that's why you're back here. Correct. Okay. When I originally saw this person, it was a brand new house. I saw her dad. Didn't mention anything about a dog to me prior to nor during. So I was as surprised as you guys are that I'm here today. Okay. Any other questions from your board? I'll wait for public comment. Okay. Yeah. I'll open this to the public. Anyone that would like to comment on this item? This dog enclosure fence? All right. Close public hearing. We're back for questions now. So we did receive a couple emails from people asking, why do we need to go to the property lines for a dog enclosure fence? If it's going to be for the dogs, can't we have a smaller area instead of that? So that's where we are going. Let's go. Let's go. southern lot to the southern property line yes so we could so because again when we originally looked at this it was more about keeping originally it was about keeping the grandkids safe from coyotes or nature and some of the wildlife that they were worried about with that new area right still gonna be yeah which is still part of the reason we're doing this but there's also now a dog which now adds to the dog enclosure piece obviously the squirrel road thing that makes sense and there's already kind of a rickety fence there anyways we're just replacing it to make it up to not only code but aesthetically pleasing I'm not replacing the squirrel fronts that's not where it's at okay it's just the dark red the figure the two sides you know so then we've gotten emails from

21. 25:00

    So I was as surprised as you guys are that I'm here today. Okay. Any other questions from your board? I'll wait for public comment. Okay. Yeah. I'll open this to the public. Anyone that would like to comment on this item? This dog enclosure fence? All right. Close public hearing. We're back for questions now. So we did receive a couple emails from people asking, why do we need to go to the property lines for a dog enclosure fence? If it's going to be for the dogs, can't we have a smaller area instead of that? So that's where we are going. Let's go. Let's go. southern lot to the southern property line yes so we could so because again when we originally looked at this it was more about keeping originally it was about keeping the grandkids safe from coyotes or nature and some of the wildlife that they were worried about with that new area right still gonna be yeah which is still part of the reason we're doing this but there's also now a dog which now adds to the dog enclosure piece obviously the squirrel road thing that makes sense and there's already kind of a rickety fence there anyways we're just replacing it to make it up to not only code but aesthetically pleasing I'm not replacing the squirrel fronts that's not where it's at okay it's just the dark red the figure the two sides you know so then we've gotten emails from people specifically on why do we need to make it this big again it can be smaller it's not they're not glued to it in my experience with fences people seem to think that they own up to a fence it's happened to me many many many times the end where neighbors will start building things into an area oh you have a fence there that must be my property so that's why I always press for trying to get the fence out to the property line because this is mine that is yours this is don't come on my property that's happened hundreds all in Austin I completely understand that but then we also try to enforce the type of screening so even though this isn't this is kind of a dog enclosure and kind of not how we screen how are we able to screen it if we go to the property line again even if you were to bring it in we had the same conversation before i don't think you remember though this is heavily canopied even if i tried to plant something underneath there everything on the ground is dead yeah it's all leaves on the ground there's no grass growing there's nothing down there if for like she has maybe 20 feet of backyard the rest of it's all just overgrown yeah so after our conversation i drove by it so yeah so willing to abide by the

22. 26:15

    dark red the figure the two sides you know so then we've gotten emails from people specifically on why do we need to make it this big again it can be smaller it's not they're not glued to it in my experience with fences people seem to think that they own up to a fence it's happened to me many many many times the end where neighbors will start building things into an area oh you have a fence there that must be my property so that's why I always press for trying to get the fence out to the property line because this is mine that is yours this is don't come on my property that's happened hundreds all in Austin I completely understand that but then we also try to enforce the type of screening so even though this isn't this is kind of a dog enclosure and kind of not how we screen how are we able to screen it if we go to the property line again even if you were to bring it in we had the same conversation before i don't think you remember though this is heavily canopied even if i tried to plant something underneath there everything on the ground is dead yeah it's all leaves on the ground there's no grass growing there's nothing down there if for like she has maybe 20 feet of backyard the rest of it's all just overgrown yeah so after our conversation i drove by it so yeah so willing to abide by the setbacks we say we can pull it in whatever we need to to 16 feet or what would be 16 or 25 16 16 16 feet on the size okay but then we're gonna add it we're gonna make them adequately screen it because i i he has a practical difficulty associated with why but for the screening you mean yes and it's a fair point that area does have lots of trees and you want to keep it for a tree right we don't want so well i wouldn't hate to waste money just planting a bunch of evergreens for them just to die because they get all sun yeah yeah it seems like if he brings it in 16 feet on all right so we're gonna bring it in 16 feet on the south side there correct absolutely in the north side in the north side can do okay so if he does that i mean i haven't been out there I trust what you're saying Chris and what you're saying if you can't grow anything then okay and I really want string in the front but I do understand there it is such an elevation the front because the house sits up natural topography may actually screen it for them yeah what

23. 27:30

    just overgrown yeah so after our conversation i drove by it so yeah so willing to abide by the setbacks we say we can pull it in whatever we need to to 16 feet or what would be 16 or 25 16 16 16 feet on the size okay but then we're gonna add it we're gonna make them adequately screen it because i i he has a practical difficulty associated with why but for the screening you mean yes and it's a fair point that area does have lots of trees and you want to keep it for a tree right we don't want so well i wouldn't hate to waste money just planting a bunch of evergreens for them just to die because they get all sun yeah yeah it seems like if he brings it in 16 feet on all right so we're gonna bring it in 16 feet on the south side there correct absolutely in the north side in the north side can do okay so if he does that i mean i haven't been out there I trust what you're saying Chris and what you're saying if you can't grow anything then okay and I really want string in the front but I do understand there it is such an elevation the front because the house sits up natural topography may actually screen it for them yeah what what's the color of the fence with black it's gonna be black so it's black fence which helps it's like when if you drive up there the pictures I took originally I don't know if they're on this one or not yeah right there I had to literally stand in the snow like in my truck to get an elevated picture and hold the camera up like so to get a picture on the side so the person driving by wanting to see it so don't you think if he pulls it in to the setback it's black yeah mitigates the impact and addresses some of the comments from the neighbors correct the forth it's a four-foot fence again so it helps I mean I I'd be okay with that I don't know how else feels we have a lot of offenses this evening we certainly do it's just a common theme yeah okay it's that time of year we're very careful with offenses so mr. chairman I'd like to make a motion okay thanks just give me a second all right run number six six now

24. 28:45

    house sits up natural topography may actually screen it for them yeah what what's the color of the fence with black it's gonna be black so it's black fence which helps it's like when if you drive up there the pictures I took originally I don't know if they're on this one or not yeah right there I had to literally stand in the snow like in my truck to get an elevated picture and hold the camera up like so to get a picture on the side so the person driving by wanting to see it so don't you think if he pulls it in to the setback it's black yeah mitigates the impact and addresses some of the comments from the neighbors correct the forth it's a four-foot fence again so it helps I mean I I'd be okay with that I don't know how else feels we have a lot of offenses this evening we certainly do it's just a common theme yeah okay it's that time of year we're very careful with offenses so mr. chairman I'd like to make a motion okay thanks just give me a second all right run number six six now so are we gonna have a dimensional yeah we still will because even with the fact that they were we were able to compromise on the 16 feet so we'll go with the permission request in regards to the appeal at 3539 Walbury for the accessory structure the fence I move the request be approved as amended based information presented the advocate did demonstrate compliance for section 42-76 standards because the use of the success restructure is appropriate neighborhood as they already have a fence along squirrel Road this is just adding to it and ensuring that their dog will be safe in their yard and not go out into some of those other areas in regards to the dimensional variance in regard at the same address for the variance in the secondary frontage I move the variance be approved as amended based information presented we did demonstrate compliance for all practical difficulty because compliance particularly the ordinance would be unduly burdensome because they wouldn't be able to build a house there because of the two setbacks there'd be no injustice to you joining neighbors by the reason of we've compromised on the setbacks and the addition of it only being a four-foot fence so it will mitigate any type of visual disturbance to the neighbors the unique circumstance other property have been demonstrated given the

25. 30:00

    so are we gonna have a dimensional yeah we still will because even with the fact that they were we were able to compromise on the 16 feet so we'll go with the permission request in regards to the appeal at 3539 Walbury for the accessory structure the fence I move the request be approved as amended based information presented the advocate did demonstrate compliance for section 42-76 standards because the use of the success restructure is appropriate neighborhood as they already have a fence along squirrel Road this is just adding to it and ensuring that their dog will be safe in their yard and not go out into some of those other areas in regards to the dimensional variance in regard at the same address for the variance in the secondary frontage I move the variance be approved as amended based information presented we did demonstrate compliance for all practical difficulty because compliance particularly the ordinance would be unduly burdensome because they wouldn't be able to build a house there because of the two setbacks there'd be no injustice to you joining neighbors by the reason of we've compromised on the setbacks and the addition of it only being a four-foot fence so it will mitigate any type of visual disturbance to the neighbors the unique circumstance other property have been demonstrated given the fact that again has two frontages both Walbury and squirrel and this is not self this is not self-created to the fact again they have two frontages both squirrel squirrel and Walbury again the amendments that we're doing is we will be sick minimum of 16 feet from the southern property line and a minimum of 16 feet from the northern property. If this motion is approved, application for all necessary permits must be made within one year, and all permits must be obtained prior to installation, and at this time, additional leveraging screenings will not be required. Support. I have a motion to support. Any discussion? All those in favor say aye. Aye. Any opposed? Congratulations. Your request is modified as granted. Thank you. So calling Item 71595 Kirkway. Good evening. My name is Ivan Katz, Great Lakes Landscape Design. I'm here on behalf of the Otto family. We are seeking a permission request and dimensional variance for two non-illuminated piers. They are in keeping with the neighborhood. The architecture will match the existing piers on the property. Four or two? There's four. I'm sorry. Okay. Four total. Two on each side of the driveway. It's a circular drive, and they're basically in line with the neighbors that are to the south.

26. 31:15

    neighbors the unique circumstance other property have been demonstrated given the fact that again has two frontages both Walbury and squirrel and this is not self this is not self-created to the fact again they have two frontages both squirrel squirrel and Walbury again the amendments that we're doing is we will be sick minimum of 16 feet from the southern property line and a minimum of 16 feet from the northern property. If this motion is approved, application for all necessary permits must be made within one year, and all permits must be obtained prior to installation, and at this time, additional leveraging screenings will not be required. Support. I have a motion to support. Any discussion? All those in favor say aye. Aye. Any opposed? Congratulations. Your request is modified as granted. Thank you. So calling Item 71595 Kirkway. Good evening. My name is Ivan Katz, Great Lakes Landscape Design. I'm here on behalf of the Otto family. We are seeking a permission request and dimensional variance for two non-illuminated piers. They are in keeping with the neighborhood. The architecture will match the existing piers on the property. Four or two? There's four. I'm sorry. Okay. Four total. Two on each side of the driveway. It's a circular drive, and they're basically in line with the neighbors that are to the south. And not in the easement? Not in the easement, no. And they'll be in line with the boxwoods that are there. Any questions from the board? I'll open this to the public. Anyone would like to comment on this item? All right. I'll bring it back. Any further questions? I think it's somewhat... I think it's somewhat... simple straightforward okay with regard to the appeal at 1595 kirkway road first with the permission requests for the non-illuminated peers i move that the request be approved is submitted based on the information presented the applicant did demonstrate compliance with section 42-7.6 standards because the use of this accessory structure is appropriate to the neighborhood as it is very similar to what his neighbor to the south i believe you said uh has further i'm going to move on to the dimensional very variance request at the same address for the non-illuminated peers located in the front yard i move that this request be approved as requested based on the information presented the applicant did demonstrate all standards for practical difficulty because

27. 32:30

    It's a circular drive, and they're basically in line with the neighbors that are to the south. And not in the easement? Not in the easement, no. And they'll be in line with the boxwoods that are there. Any questions from the board? I'll open this to the public. Anyone would like to comment on this item? All right. I'll bring it back. Any further questions? I think it's somewhat... I think it's somewhat... simple straightforward okay with regard to the appeal at 1595 kirkway road first with the permission requests for the non-illuminated peers i move that the request be approved is submitted based on the information presented the applicant did demonstrate compliance with section 42-7.6 standards because the use of this accessory structure is appropriate to the neighborhood as it is very similar to what his neighbor to the south i believe you said uh has further i'm going to move on to the dimensional very variance request at the same address for the non-illuminated peers located in the front yard i move that this request be approved as requested based on the information presented the applicant did demonstrate all standards for practical difficulty because compliance with the strict letter of the ordinance would be unduly burdensome because the fact that uh the location of these the driveway and such is uh typical of the neighborhood there's no injustice to the joining neighbors unique circumstances with this property is that it has a circular driveway in the front and that is not self-created so if approved the motion must include application for all necessary permits to be made within one year and all permits must be obtained prior to installation and additional evergreen plantings may be required to soften the non-illuminated appears from public view support i have a motion and support any discussion all is in favor say aye Aye. Any opposed? Congratulations. The request is granted. So calling item 83720, Millspring. Hi, how are you? So I originally put this together. So your name and address? Ross Wilberding at 3720 Millspring Road. So I initially put this application together for the sake of safety with three young kids.

28. 33:45

    presented the applicant did demonstrate all standards for practical difficulty because compliance with the strict letter of the ordinance would be unduly burdensome because the fact that uh the location of these the driveway and such is uh typical of the neighborhood there's no injustice to the joining neighbors unique circumstances with this property is that it has a circular driveway in the front and that is not self-created so if approved the motion must include application for all necessary permits to be made within one year and all permits must be obtained prior to installation and additional evergreen plantings may be required to soften the non-illuminated appears from public view support i have a motion and support any discussion all is in favor say aye Aye. Any opposed? Congratulations. The request is granted. So calling item 83720, Millspring. Hi, how are you? So I originally put this together. So your name and address? Ross Wilberding at 3720 Millspring Road. So I initially put this application together for the sake of safety with three young kids. This is a learning experience for me and just for the course of a few items, I can understand the strictness of the screening. We provided a revised plan from the one that's shown there that did include some screening, but certainly not to the extent that has been discussed as far as being completely screened. And I also understand there's quite a bit of opposition to this item. So I guess I wanted to get an understanding that with this being certainly visible. Yeah, it's a high visibility area. Yeah. Right. It's kind of the first thing you see when you pull in there. So I think there's a desire to sort of soften that impact. Right. So in any case, this is what we've proposed here. We've got 12. five-foot green giants with the expectation that they would grow in obviously that's not going to provide full screening this was submitted based on what was within reach for us at the time so with that you know I guess if

29. 35:00

    So I initially put this application together for the sake of safety with three young kids. This is a learning experience for me and just for the course of a few items, I can understand the strictness of the screening. We provided a revised plan from the one that's shown there that did include some screening, but certainly not to the extent that has been discussed as far as being completely screened. And I also understand there's quite a bit of opposition to this item. So I guess I wanted to get an understanding that with this being certainly visible. Yeah, it's a high visibility area. Yeah. Right. It's kind of the first thing you see when you pull in there. So I think there's a desire to sort of soften that impact. Right. So in any case, this is what we've proposed here. We've got 12. five-foot green giants with the expectation that they would grow in obviously that's not going to provide full screening this was submitted based on what was within reach for us at the time so with that you know I guess if this was fully screened we probably wouldn't be here you know in front of you more well you'd still be here but it would probably address a lot of the concerns and you have to say meet the standard and so our standard is it's gonna have to be screened from public view so it's two two ways you could get this you've had the fence lower maybe it goes to five feet that reduces the height of what you have to put in but you've already heard with the other fences we discussed it's got to be screened from public view and I think that's what the concern is with the feedback we've gotten understood yeah and I guess you know noting kind of what I've learned just in the items leading up to this as well as you know knowing that there's some opposition to this from our property owners Association and presumably from other neighbors as well I'd be interested in I guess table in this or you know withdrawing it for the time being because at the same time I understanding the requirements and not wanting to alienate some neighbors so so you you want to your request is to table it so you can get feedback from the Association maybe reach yeah yeah perhaps so

30. 36:15

    on what was within reach for us at the time so with that you know I guess if this was fully screened we probably wouldn't be here you know in front of you more well you'd still be here but it would probably address a lot of the concerns and you have to say meet the standard and so our standard is it's gonna have to be screened from public view so it's two two ways you could get this you've had the fence lower maybe it goes to five feet that reduces the height of what you have to put in but you've already heard with the other fences we discussed it's got to be screened from public view and I think that's what the concern is with the feedback we've gotten understood yeah and I guess you know noting kind of what I've learned just in the items leading up to this as well as you know knowing that there's some opposition to this from our property owners Association and presumably from other neighbors as well I'd be interested in I guess table in this or you know withdrawing it for the time being because at the same time I understanding the requirements and not wanting to alienate some neighbors so so you you want to your request is to table it so you can get feedback from the Association maybe reach yeah yeah perhaps so if I could nominate you for an award I would do that but I mean no but I'm saying that's that's really what we encourage and I yeah I can't make the motion but I really I'm impressed and you know thank you for doing that because there is a lot of opposition to it and it seems like you yeah I mean I'm here you know under the responsibility after my wife my kids you know sure so anyways yeah that's so I'm just curious how many people here in the audience want to speak on this side and could you raise your hand yeah so we have a couple so there's a couple people here you could even even talk to me so okay Sharon before somebody makes that motion could provide a little bit of questions or sure oh yeah so as you know the spirit of the ordinance is to be completely screened however you get there and again well your original request was to almost put in the property line which you'd have to pull it back in order to screen it properly right right right so if we were gonna even consider approving it you're gonna have to screen anyways so if you want safety you could screen it which is allowed to do on your property without any type of HOA or approval from us and then you wouldn't have to have a fence there you would still provide a natural buffer for both sound noise and visual which are all the things that you talked

31. 37:30

    if I could nominate you for an award I would do that but I mean no but I'm saying that's that's really what we encourage and I yeah I can't make the motion but I really I'm impressed and you know thank you for doing that because there is a lot of opposition to it and it seems like you yeah I mean I'm here you know under the responsibility after my wife my kids you know sure so anyways yeah that's so I'm just curious how many people here in the audience want to speak on this side and could you raise your hand yeah so we have a couple so there's a couple people here you could even even talk to me so okay Sharon before somebody makes that motion could provide a little bit of questions or sure oh yeah so as you know the spirit of the ordinance is to be completely screened however you get there and again well your original request was to almost put in the property line which you'd have to pull it back in order to screen it properly right right right so if we were gonna even consider approving it you're gonna have to screen anyways so if you want safety you could screen it which is allowed to do on your property without any type of HOA or approval from us and then you wouldn't have to have a fence there you would still provide a natural buffer for both sound noise and visual which are all the things that you talked about for your safety for your family so it would be a cheaper option for you not to put a fence behind all that and still do all those things and it would probably mitigate a lot of the issues that your neighbors bring it up yeah I mean that's that's exactly what I was trying get out earlier it if I could afford to put that in I wouldn't even be here but yes so that that's you know certainly an option that we're exploring yeah there won't be a fence if we can you know fully screen it with Evergreen so yeah that's part of why I wanted to you know I think that'd be the best avenue for you and your family because it would provide all the things you're looking for without causing any disconnect between you and your neighbors yeah not what you want absolutely so so we're here you know listen so do you want us is the request to postpone this then I think postpone it and I can withdraw it you know between now and the next time I think so we're making them so I just so that again so we're helping staff that the better motion would be to to postpone or table or hmm or withdraw he could withdraw I guess he could withdraw so he couldn't he withdraw it and I think it would make sense to me to just rather

32. 38:45

    buffer for both sound noise and visual which are all the things that you talked about for your safety for your family so it would be a cheaper option for you not to put a fence behind all that and still do all those things and it would probably mitigate a lot of the issues that your neighbors bring it up yeah I mean that's that's exactly what I was trying get out earlier it if I could afford to put that in I wouldn't even be here but yes so that that's you know certainly an option that we're exploring yeah there won't be a fence if we can you know fully screen it with Evergreen so yeah that's part of why I wanted to you know I think that'd be the best avenue for you and your family because it would provide all the things you're looking for without causing any disconnect between you and your neighbors yeah not what you want absolutely so so we're here you know listen so do you want us is the request to postpone this then I think postpone it and I can withdraw it you know between now and the next time I think so we're making them so I just so that again so we're helping staff that the better motion would be to to postpone or table or hmm or withdraw he could withdraw I guess he could withdraw so he couldn't he withdraw it and I think it would make sense to me to just rather than withdraw if I have to resubmit and then I miss the next meeting for some reason you know I think it'd be nice if I could just table it again I don't know what the rules are so you can table it the only thing to keep in mind is that the next meeting if it comes back it would have to be heard by the same members that are here tonight but it also sounds like there could be possibly a significant change between now and then So I think tabling probably makes the most sense. Postponing is usually ahead of a meeting had it not been noticed. In this instance, it's been heard, it's been noticed, it should be tabled. Well, really, what did we really hear? All that we see just sort of defended. I guess there is some material in the record about it. So he was really sort of seeking out. Anyway, let's table it. Mr. Chairman, based on the discussion, that just ensued, I'd be willing to offer a motion to go ahead and table this particular item. Support. So I have a motion and support to table. All those in favor, say aye. Aye. Any opposed, your request is table.

33. 40:00

    he couldn't he withdraw it and I think it would make sense to me to just rather than withdraw if I have to resubmit and then I miss the next meeting for some reason you know I think it'd be nice if I could just table it again I don't know what the rules are so you can table it the only thing to keep in mind is that the next meeting if it comes back it would have to be heard by the same members that are here tonight but it also sounds like there could be possibly a significant change between now and then So I think tabling probably makes the most sense. Postponing is usually ahead of a meeting had it not been noticed. In this instance, it's been heard, it's been noticed, it should be tabled. Well, really, what did we really hear? All that we see just sort of defended. I guess there is some material in the record about it. So he was really sort of seeking out. Anyway, let's table it. Mr. Chairman, based on the discussion, that just ensued, I'd be willing to offer a motion to go ahead and table this particular item. Support. So I have a motion and support to table. All those in favor, say aye. Aye. Any opposed, your request is table. Thank you. And thanks for getting the feedback from your neighbors. So calling item 9, 3747 Franklin. Good evening. Zach Hanna with RZ Engineering and DHE on behalf of my client for 3747 Franklin Road. This house is a new house construction. We started it last year. And then the owner wanted to add the existing garage to the house as a, to the living space, and then build the as the. The. attached garage to the side encroaching into the setback by about seven foot ten inches into the side the south setback and the yellow area that you see here it's the encroachment into the setback

34. 41:15

    Thank you. And thanks for getting the feedback from your neighbors. So calling item 9, 3747 Franklin. Good evening. Zach Hanna with RZ Engineering and DHE on behalf of my client for 3747 Franklin Road. This house is a new house construction. We started it last year. And then the owner wanted to add the existing garage to the house as a, to the living space, and then build the as the. The. attached garage to the side encroaching into the setback by about seven foot ten inches into the side the south setback and the yellow area that you see here it's the encroachment into the setback do you have anything else you'd like to add we have one letter also from the neighbors in they are not opposing I think it's on the east side they are not opposing to this addition okay you know the questions for I open it up so the lot to the south of you who owns that is that a utility easement or is that a waterway easement yeah I think this is there is an easement there and there is this other parcel here by another person it is an easement it's associated I believe if my memory serves me correct it has something to do with the HOA I think it was an HOA a previous easement to access the water or I don't know the exact but that looks like to me it's definitely related to the subdivision is definitely an easement historically I'm not sure why it was installed I can only presume it had to do with lake access but no that's definitely an easement that's owned by the HOA yeah okay so you have approval from just a neighbor to the south you said what the neighbors behind this like 3792 have you talked to them we'd have not talked to them no because that's the this one

35. 42:30

    do you have anything else you'd like to add we have one letter also from the neighbors in they are not opposing I think it's on the east side they are not opposing to this addition okay you know the questions for I open it up so the lot to the south of you who owns that is that a utility easement or is that a waterway easement yeah I think this is there is an easement there and there is this other parcel here by another person it is an easement it's associated I believe if my memory serves me correct it has something to do with the HOA I think it was an HOA a previous easement to access the water or I don't know the exact but that looks like to me it's definitely related to the subdivision is definitely an easement historically I'm not sure why it was installed I can only presume it had to do with lake access but no that's definitely an easement that's owned by the HOA yeah okay so you have approval from just a neighbor to the south you said what the neighbors behind this like 3792 have you talked to them we'd have not talked to them no because that's the this one is not going to be impacted by the by this addition even I will do public comment and I'll respond to that all right I'll open the public hearing for this item anyone would like to speak on this item okay please step forward give us your name and address and give us your comments good evening my name is Pam Miller I live at 3792 West Pemberton Road the house that is directly behind this house I've lived there for 12 years and we have I live there with my husband my two kids and for the 12 years that we've lived there we have enjoyed views of Laura Long Lake we haven't she enjoyed hundreds of sunsets from the deck that is on the back of our house the gazebo our backyard we can see the lake and we have a very nice view of it a lot of green space behind us I can see that view from my deck from my kitchen from my bedroom from my living room from every aspect of our house

36. 43:45

    you talked to them we'd have not talked to them no because that's the this one is not going to be impacted by the by this addition even I will do public comment and I'll respond to that all right I'll open the public hearing for this item anyone would like to speak on this item okay please step forward give us your name and address and give us your comments good evening my name is Pam Miller I live at 3792 West Pemberton Road the house that is directly behind this house I've lived there for 12 years and we have I live there with my husband my two kids and for the 12 years that we've lived there we have enjoyed views of Laura Long Lake we haven't she enjoyed hundreds of sunsets from the deck that is on the back of our house the gazebo our backyard we can see the lake and we have a very nice view of it a lot of green space behind us I can see that view from my deck from my kitchen from my bedroom from my living room from every aspect of our house and I have like this photo right here I also submitted comments but you can see this is the edge of the house right here this is my house directly behind it and this is where the proposed garage is going to be not only is it going to go eight feet into the easement or the setback but it's also going to be 32 feet high so if this addition this garage addition is put in it's going to totally block our view totally take up all that green space that's in there and so you know we're changing our view that we've had for 12 years of the lake and all this green space so that I can look at a 32 foot garage addition and I've heard this board talked tonight about you know the different standards that are in place in terms of being detrimental to other neighbors not being self-created nothing exceptional about the parcel not being unduly burdensome all those standards would apply in my favor here and not in play in favor of the appeal that's being requested not only does it block our view but you know eventually that's going to also decrease the value of my home with respect to that outlaw that you had talked about before there's an easement in there it's a pathway for our

37. 45:00

    and I have like this photo right here I also submitted comments but you can see this is the edge of the house right here this is my house directly behind it and this is where the proposed garage is going to be not only is it going to go eight feet into the easement or the setback but it's also going to be 32 feet high so if this addition this garage addition is put in it's going to totally block our view totally take up all that green space that's in there and so you know we're changing our view that we've had for 12 years of the lake and all this green space so that I can look at a 32 foot garage addition and I've heard this board talked tonight about you know the different standards that are in place in terms of being detrimental to other neighbors not being self-created nothing exceptional about the parcel not being unduly burdensome all those standards would apply in my favor here and not in play in favor of the appeal that's being requested not only does it block our view but you know eventually that's going to also decrease the value of my home with respect to that outlaw that you had talked about before there's an easement in there it's a pathway for our some of our neighbors in the community to walk through and access their lake lot the whole reason it was granted in the first place was to ride that that space and if you look back at the for that you know the whole point of it was to maintain a park-like feel and preserve the area you know i've watched construction at this location for the past couple years and you know prior to this homeowner as well but with this current homeowner or the current construction that's going on i've seen you know that outline transform into some parts marshy areas because of all the water runoff that it's coming off of that i've watched them pump water into that area um and it turned it into a marsh so that outlet is being degraded too um so i don't think that this appeal meets any of the standards i don't think it meets the intent and purpose of the restrictive zoning origin ordinances that we're supposed to have in place when it's zoned in this r3 manner um so i request that the appeal to be denied thank you thank you hello my name is tara douglas i leave a live at 3802 mystic valley drive on the other side of the

38. 46:15

    that you had talked about before there's an easement in there it's a pathway for our some of our neighbors in the community to walk through and access their lake lot the whole reason it was granted in the first place was to ride that that space and if you look back at the for that you know the whole point of it was to maintain a park-like feel and preserve the area you know i've watched construction at this location for the past couple years and you know prior to this homeowner as well but with this current homeowner or the current construction that's going on i've seen you know that outline transform into some parts marshy areas because of all the water runoff that it's coming off of that i've watched them pump water into that area um and it turned it into a marsh so that outlet is being degraded too um so i don't think that this appeal meets any of the standards i don't think it meets the intent and purpose of the restrictive zoning origin ordinances that we're supposed to have in place when it's zoned in this r3 manner um so i request that the appeal to be denied thank you thank you hello my name is tara douglas i leave a live at 3802 mystic valley drive on the other side of the neighborhood but i'm one of the homeowners that has the hoa rights to the trail there are eight houses in our neighborhood i've lived here 16 years i've been a bloomfield resident my whole life and i stay and i live in this community for the beauty of everything here and all i see are huge buildings and huge walls and homes that look like offices being built and it's really scaring me um and i really want to preserve the beauty of this community you and it's slowly being eroded every single day. So I am absolutely not in favor of this appeal. Thank you. Good evening board, I'm Brian Conscious. I live at 3792 West Pemberton, immediately behind the address that we're talking about this evening. My wife eloquently put almost everything that I had shared in an email sent to the board, but just to share again. I mean, the review of this is about practical difficulty. When you show that, when you consider the practical difficulty, you have to see if it observes the spirit of the zoning ordinance,

39. 47:30

    hello my name is tara douglas i leave a live at 3802 mystic valley drive on the other side of the neighborhood but i'm one of the homeowners that has the hoa rights to the trail there are eight houses in our neighborhood i've lived here 16 years i've been a bloomfield resident my whole life and i stay and i live in this community for the beauty of everything here and all i see are huge buildings and huge walls and homes that look like offices being built and it's really scaring me um and i really want to preserve the beauty of this community you and it's slowly being eroded every single day. So I am absolutely not in favor of this appeal. Thank you. Good evening board, I'm Brian Conscious. I live at 3792 West Pemberton, immediately behind the address that we're talking about this evening. My wife eloquently put almost everything that I had shared in an email sent to the board, but just to share again. I mean, the review of this is about practical difficulty. When you show that, when you consider the practical difficulty, you have to see if it observes the spirit of the zoning ordinance, secures public safety, does substantial justice. And that's in part to the surrounding properties. My wife identified that we've enjoyed a view. Currently where the, how the house is being constructed without this additional 30 foot garage, you know, that, that view is still maintained. If this is approved, it will be removed. It will entirely take up the lot that you see here. This house will be built lot to lot. It's not a question. It's a fact. But with that, you know, the, the practical difficulty here. It is really, really, really hard. Thank you. is not unreasonably burdensome. Complying with the ordinance would not be unreasonably burdensome. There's no unique circumstance of this property that requires a 30-foot garage and to be built lot to lot. Any difficulty here would be self-created, and gaining a variance would absolutely alter the essential character of the surrounding properties and this area. There are homes that are of this size, but they are north, and they are on five-acre lots.

40. 48:45

    if it observes the spirit of the zoning ordinance, secures public safety, does substantial justice. And that's in part to the surrounding properties. My wife identified that we've enjoyed a view. Currently where the, how the house is being constructed without this additional 30 foot garage, you know, that, that view is still maintained. If this is approved, it will be removed. It will entirely take up the lot that you see here. This house will be built lot to lot. It's not a question. It's a fact. But with that, you know, the, the practical difficulty here. It is really, really, really hard. Thank you. is not unreasonably burdensome. Complying with the ordinance would not be unreasonably burdensome. There's no unique circumstance of this property that requires a 30-foot garage and to be built lot to lot. Any difficulty here would be self-created, and gaining a variance would absolutely alter the essential character of the surrounding properties and this area. There are homes that are of this size, but they are north, and they are on five-acre lots. So I'm going to request that. We're not approving the size of the house. We're just deciding an encroachment for the garage. I understand, but I mean, you look at what's being requested, that is what is being requested, and that's what will be encroaching. I just want to remind you, we're only deciding the variance for the garage, not the size of the house itself. That's already, that's beyond the scope of our decision. They're asking for a 30-foot garage to be put in to vary. I understand that, and I don't think anything I've said is straight from that. I'd strongly suggest that you deny this. There's nothing here that would identify this board with an ability to follow their rules and approve this. Thank you. Anyone else like to comment? So I'll close the public hearing and then let the applicant respond. Yeah, I just want to... respond to the comments, and I understand the comments that have been raised, but when I add one thing here, that we don't have any green area that we're going to use. This is an existing driveway. If you go to the other view, the upper view of the lot, yeah, that's an existing driveway,

41. 50:00

    There are homes that are of this size, but they are north, and they are on five-acre lots. So I'm going to request that. We're not approving the size of the house. We're just deciding an encroachment for the garage. I understand, but I mean, you look at what's being requested, that is what is being requested, and that's what will be encroaching. I just want to remind you, we're only deciding the variance for the garage, not the size of the house itself. That's already, that's beyond the scope of our decision. They're asking for a 30-foot garage to be put in to vary. I understand that, and I don't think anything I've said is straight from that. I'd strongly suggest that you deny this. There's nothing here that would identify this board with an ability to follow their rules and approve this. Thank you. Anyone else like to comment? So I'll close the public hearing and then let the applicant respond. Yeah, I just want to... respond to the comments, and I understand the comments that have been raised, but when I add one thing here, that we don't have any green area that we're going to use. This is an existing driveway. If you go to the other view, the upper view of the lot, yeah, that's an existing driveway, and we're encroaching into the easement in just one triangle, not the whole area. And this one is in the existing, there's no greenway there. In addition, we're not encroaching into the trailway in any way. This is going to stay as is. We're not going to encroaching into it. And we can provide screening if it's required in the remaining area of the setback if that's needed. Okay. Any questions from the board? I have a question. Go ahead. Why is it necessary to have the garage so high? Just if you look at the architectural elevation, the house is so nice and it's going to add value to the area. I'm not sure why the neighbors are saying it's not. But this is a very nice, well-designed house. Having a shallower garage or less height is going to look a little bit weird with the masses there. So I agree from an architectural standpoint that. stealty. eg.

42. 51:15

    If you go to the other view, the upper view of the lot, yeah, that's an existing driveway, and we're encroaching into the easement in just one triangle, not the whole area. And this one is in the existing, there's no greenway there. In addition, we're not encroaching into the trailway in any way. This is going to stay as is. We're not going to encroaching into it. And we can provide screening if it's required in the remaining area of the setback if that's needed. Okay. Any questions from the board? I have a question. Go ahead. Why is it necessary to have the garage so high? Just if you look at the architectural elevation, the house is so nice and it's going to add value to the area. I'm not sure why the neighbors are saying it's not. But this is a very nice, well-designed house. Having a shallower garage or less height is going to look a little bit weird with the masses there. So I agree from an architectural standpoint that. stealty. eg. It would not look right to have a lower garage. However, this house is already bulky and large from the beginning, and now you're adding a whole other wing to it, which makes just a wall of a house. So, I would probably be opposed to this, being the fact that it is blocked to be from the neighbors, and it's creating a very mass wall on this property. I don't think there was an intent to have a garage on that side that is that tall when the house is built. Well, I have maybe a comment and kind of a question, because you had mentioned earlier when you were presenting that you had the garage already established, and then the homeowner decided that they wanted to take some of the garage space, move it into the living space, which then they wanted to take that what they moved and add to the garage. So, it was something that was not necessarily a necessity. It wasn't a hardship. It was something that maybe they decided they wanted more of that space in the living space, so therefore, they're going to bump the garage out. Is that correct? No, it's not really. I mean, if you remember, the old house was like raised above the ground. So, now, with the new garage inside attached to the house, the proposed plans that we have before, the garage is, you need to take

43. 52:30

    It would not look right to have a lower garage. However, this house is already bulky and large from the beginning, and now you're adding a whole other wing to it, which makes just a wall of a house. So, I would probably be opposed to this, being the fact that it is blocked to be from the neighbors, and it's creating a very mass wall on this property. I don't think there was an intent to have a garage on that side that is that tall when the house is built. Well, I have maybe a comment and kind of a question, because you had mentioned earlier when you were presenting that you had the garage already established, and then the homeowner decided that they wanted to take some of the garage space, move it into the living space, which then they wanted to take that what they moved and add to the garage. So, it was something that was not necessarily a necessity. It wasn't a hardship. It was something that maybe they decided they wanted more of that space in the living space, so therefore, they're going to bump the garage out. Is that correct? No, it's not really. I mean, if you remember, the old house was like raised above the ground. So, now, with the new garage inside attached to the house, the proposed plans that we have before, the garage is, you need to take steps up, maybe seven or eight steps. because of the old basement was higher than the ground. And now with this scenario, neither the garage, the proposed garage, or the house worked perfectly. So when we built the house, they saw that this is going to look much usable if we have it as a living space, and then the new garage is going to be added to the outside. But you didn't think of that when you were building the house? When we created the house before, I mean, it wasn't because you're going to see it when you build it. You're going to see where are the pros and cons there. So when it gets framed, we notice this issue. So then we started talking about how we're going to get a better design for it. That's one of the issues there. Plus, we're not adding, we're not encroaching into, this one is going to be built in the existing driveway.

44. 53:45

    No, it's not really. I mean, if you remember, the old house was like raised above the ground. So, now, with the new garage inside attached to the house, the proposed plans that we have before, the garage is, you need to take steps up, maybe seven or eight steps. because of the old basement was higher than the ground. And now with this scenario, neither the garage, the proposed garage, or the house worked perfectly. So when we built the house, they saw that this is going to look much usable if we have it as a living space, and then the new garage is going to be added to the outside. But you didn't think of that when you were building the house? When we created the house before, I mean, it wasn't because you're going to see it when you build it. You're going to see where are the pros and cons there. So when it gets framed, we notice this issue. So then we started talking about how we're going to get a better design for it. That's one of the issues there. Plus, we're not adding, we're not encroaching into, this one is going to be built in the existing driveway. It's not, we're just encroaching a little bit into the setback. So there is no green area and nothing else. And it's a two-story garage? No, no, it's one single story. It's a single story? Yeah, it's just high ceiling. Okay. Oh, that's just all? Yeah, it's a single story, yeah. So I have a couple questions. Sure. Is this a new construction home or is it a remodel? A new construction home. So when we do new construction, construction you can design anything you want go to lot line you know all parameters of that lot correct so you and your client work together and then put together like you said a beautiful home big scale four-car side entry garage because you did a side entry garage you have to be so many feet from that lot line correct what's the question sorry you did a side entry garage in this home that is how it's built currently a four-car side entry garage yeah with 30-foot interior for a couple of the bays and then the other bay has some type of living space above it correct yes correct so beautiful scale and now you and your client are trying to do changes to that and in so it is impacting the neighbor which is the one I asked you about you guys if you

45. 55:00

    Plus, we're not adding, we're not encroaching into, this one is going to be built in the existing driveway. It's not, we're just encroaching a little bit into the setback. So there is no green area and nothing else. And it's a two-story garage? No, no, it's one single story. It's a single story? Yeah, it's just high ceiling. Okay. Oh, that's just all? Yeah, it's a single story, yeah. So I have a couple questions. Sure. Is this a new construction home or is it a remodel? A new construction home. So when we do new construction, construction you can design anything you want go to lot line you know all parameters of that lot correct so you and your client work together and then put together like you said a beautiful home big scale four-car side entry garage because you did a side entry garage you have to be so many feet from that lot line correct what's the question sorry you did a side entry garage in this home that is how it's built currently a four-car side entry garage yeah with 30-foot interior for a couple of the bays and then the other bay has some type of living space above it correct yes correct so beautiful scale and now you and your client are trying to do changes to that and in so it is impacting the neighbor which is the one I asked you about you guys if you didn't reach out that's the most impacted neighbor yeah so when you hit when you were building the home and designing it you had the ability to do anything you want this is a pretty big massive change to that I did to that new construction home so the previous home doesn't dictate how you guys built this one correct no okay because I think that's what you would said that to Joslyn about how the previous home was well eating house yeah no you mean the older not the new design the older house that we demoed the basement we kept it and the basement was above the ground slightly it was about like a bi-level yeah so that's what created the issue is now when the house framed and we trying to solve it with the homeowner to come up with a better solution I see so you're you're tied to that basement the basement you're exactly the old basement is still there yeah but it's a big house I mean it's a big house with it's beautiful I look with a great scale garage that's pretty tall and the current garage the four-car garage is pretty tall as it is right now mmm yeah because it's because again because of the existing basement level so it looks a little bit high and that's why we have

46. 56:15

    it is impacting the neighbor which is the one I asked you about you guys if you didn't reach out that's the most impacted neighbor yeah so when you hit when you were building the home and designing it you had the ability to do anything you want this is a pretty big massive change to that I did to that new construction home so the previous home doesn't dictate how you guys built this one correct no okay because I think that's what you would said that to Joslyn about how the previous home was well eating house yeah no you mean the older not the new design the older house that we demoed the basement we kept it and the basement was above the ground slightly it was about like a bi-level yeah so that's what created the issue is now when the house framed and we trying to solve it with the homeowner to come up with a better solution I see so you're you're tied to that basement the basement you're exactly the old basement is still there yeah but it's a big house I mean it's a big house with it's beautiful I look with a great scale garage that's pretty tall and the current garage the four-car garage is pretty tall as it is right now mmm yeah because it's because again because of the existing basement level so it looks a little bit high and that's why we have it two bedrooms above it I guess in this one the original garage and now with this one is going to be on the single single-story garage this new one is just single-story so I'm gonna have to go with my colleague Scott here I am NOT in favor of this plan I think it has too much I don't see the again as we talked about I don't see the practical difficulty there is injustice to the adjoining neighbors the unique circumstances of the property you have an existing basement you didn't have to keep it you guys just started fresh and this is self-created so like I have to find a way to comply with all four of these reasons and I can't find one of these reasons that I can put a motion through so I do apologize but I can't support this my fellow board members is it just my neighborhood or is there any issue with the front-facing garage door is that or that neighborhood I mean they can't have a front-facing garage door That's not something the township dictates, you're right, that's more of a home page 08. That's my name. Well, and so we do grand variances in the setbacks and stuff, but usually it's an irregular lot so, you know, kind of as everybody said, you're starting from scratch here and this

47. 57:30

    the existing basement level so it looks a little bit high and that's why we have it two bedrooms above it I guess in this one the original garage and now with this one is going to be on the single single-story garage this new one is just single-story so I'm gonna have to go with my colleague Scott here I am NOT in favor of this plan I think it has too much I don't see the again as we talked about I don't see the practical difficulty there is injustice to the adjoining neighbors the unique circumstances of the property you have an existing basement you didn't have to keep it you guys just started fresh and this is self-created so like I have to find a way to comply with all four of these reasons and I can't find one of these reasons that I can put a motion through so I do apologize but I can't support this my fellow board members is it just my neighborhood or is there any issue with the front-facing garage door is that or that neighborhood I mean they can't have a front-facing garage door That's not something the township dictates, you're right, that's more of a home page 08. That's my name. Well, and so we do grand variances in the setbacks and stuff, but usually it's an irregular lot so, you know, kind of as everybody said, you're starting from scratch here and this really is self-created. So the need to go into the setback is because of the scale of the house and that you're building out from a basement that has caused this need, which is one that you've created. I have a question. The way it currently is, I mean, how many cars fit into the garage that you have now? Four. Okay. I agree with these two board members. I would have a hard time justifying the additional space considering you do have a garage and the the negative impact to the neighbor. Mr. Chairman, I'd like to make a motion. Okay. Unless there's any more discussion from other- Any more discussion? Okay. I think we're ready. So in regards to the appeal at 3747 Franklin Road for the dimensional variance for a home addition that will encroach eight feet in the required 16 foot cellarly setback. I move the parents be denied as requested based on information presented that the applicant did not demonstrate all stands for practical difficulty because compliance restrict literally the ordinance would not be unduly burdensome because-

48. 58:45

    lot so, you know, kind of as everybody said, you're starting from scratch here and this really is self-created. So the need to go into the setback is because of the scale of the house and that you're building out from a basement that has caused this need, which is one that you've created. I have a question. The way it currently is, I mean, how many cars fit into the garage that you have now? Four. Okay. I agree with these two board members. I would have a hard time justifying the additional space considering you do have a garage and the the negative impact to the neighbor. Mr. Chairman, I'd like to make a motion. Okay. Unless there's any more discussion from other- Any more discussion? Okay. I think we're ready. So in regards to the appeal at 3747 Franklin Road for the dimensional variance for a home addition that will encroach eight feet in the required 16 foot cellarly setback. I move the parents be denied as requested based on information presented that the applicant did not demonstrate all stands for practical difficulty because compliance restrict literally the ordinance would not be unduly burdensome because- it would negatively impact its neighbors and they have been speaking here tonight there will be injustice to the adjoining neighbors by the reason of currently they still have view of the lake we continue to try to make sure that our neighbors have a beautiful view of that lake we have denied other things at this board because it impacts the view of the lake so in this case your addition will impact the view of the lake no unique circumstances of this property have been given and it is self-created due to the fact that you guys already have a four-car garage and this is the change your client wants to do and that's why it's self-created support sorry motion support so discussion so so if we deny this I want to understand the impact on his ability to modify or you know you know put something in there so he would be prevented from what he would be required to adhere to the 16-foot setback right so I'm just I'm just wondering if you know if there's a smaller variance or he comes in with a you know something that's not as high or that's his right he could go right to that 16-foot property line and build to his heart's desire that is his right and his property

49. 1:00:00

    it would negatively impact its neighbors and they have been speaking here tonight there will be injustice to the adjoining neighbors by the reason of currently they still have view of the lake we continue to try to make sure that our neighbors have a beautiful view of that lake we have denied other things at this board because it impacts the view of the lake so in this case your addition will impact the view of the lake no unique circumstances of this property have been given and it is self-created due to the fact that you guys already have a four-car garage and this is the change your client wants to do and that's why it's self-created support sorry motion support so discussion so so if we deny this I want to understand the impact on his ability to modify or you know you know put something in there so he would be prevented from what he would be required to adhere to the 16-foot setback right so I'm just I'm just wondering if you know if there's a smaller variance or he comes in with a you know something that's not as high or that's his right he could go right to that 16-foot property line and build to his heart's desire that is his right and his property rights his ability to do that the back of the back of the garage almost hits the probably right on the setback the front is not so he could staggered if you wanted to there's a way to do it and make it so you wouldn't have to go to ZBA at all but he couldn't meet the standard for the setback. Right, but I'm saying if he did it and he needed a foot variance, would he be prevented from encroaching into the setback at all by denying this request? It'd be a new variance, right? That's actually a very good question. That's why I asked it. Yeah, very good, very good, Brian. So the question becomes, what I'm hearing is the board is asking that if this is denied, does that then prohibit this applicant from coming back with a revised request, which may be a lesser encroachment? Right, so I would provide an answer that would say, or my answer is that it would not be a significant enough change to rehear it. There is a standard if a variance is denied for the board to reconsider it, it would have to be deemed a significant change. So it would, so without seeing what that proposed change is, or if there's a proposed change, I wouldn't feel comfortable

50. 1:01:15

    right to that 16-foot property line and build to his heart's desire that is his right and his property rights his ability to do that the back of the back of the garage almost hits the probably right on the setback the front is not so he could staggered if you wanted to there's a way to do it and make it so you wouldn't have to go to ZBA at all but he couldn't meet the standard for the setback. Right, but I'm saying if he did it and he needed a foot variance, would he be prevented from encroaching into the setback at all by denying this request? It'd be a new variance, right? That's actually a very good question. That's why I asked it. Yeah, very good, very good, Brian. So the question becomes, what I'm hearing is the board is asking that if this is denied, does that then prohibit this applicant from coming back with a revised request, which may be a lesser encroachment? Right, so I would provide an answer that would say, or my answer is that it would not be a significant enough change to rehear it. There is a standard if a variance is denied for the board to reconsider it, it would have to be deemed a significant change. So it would, so without seeing what that proposed change is, or if there's a proposed change, I wouldn't feel comfortable saying yes or no of whether or not to be considered significant enough. So again, I'm just brainstorming here. What if it's denied without prejudice? If it's denied without prejudice, the applicant then does reserve the right to come back to this board with what we would consider a brand new proposal. That brand new proposal, there would be obviously an expectation that there would be a significant change in lieu of the comments that have been made this evening. We would hope that the new application, if there was one, would take into account some of the comments that were provided this evening, although I know we can't legally tie the two together. Right. Because that's all I was thinking is if we did that, now again, I'm sorry, did you have a question? I don't normally do this during discussion, but I want to make sure that we're giving you guidance. I do. So you don't want to be as high and you want to avoid encroaching into that set book at all, but if you have a very small encroachment, you might consider that.

51. 1:02:30

    seeing what that proposed change is, or if there's a proposed change, I wouldn't feel comfortable saying yes or no of whether or not to be considered significant enough. So again, I'm just brainstorming here. What if it's denied without prejudice? If it's denied without prejudice, the applicant then does reserve the right to come back to this board with what we would consider a brand new proposal. That brand new proposal, there would be obviously an expectation that there would be a significant change in lieu of the comments that have been made this evening. We would hope that the new application, if there was one, would take into account some of the comments that were provided this evening, although I know we can't legally tie the two together. Right. Because that's all I was thinking is if we did that, now again, I'm sorry, did you have a question? I don't normally do this during discussion, but I want to make sure that we're giving you guidance. I do. So you don't want to be as high and you want to avoid encroaching into that set book at all, but if you have a very small encroachment, you might consider that. Yeah. How much is the very small? Two feet? Yes. I'm sorry. Yeah. So we're trying to help them, you know, build his house, we're trying to give them options. Yeah. Try and do that for everybody. Yeah. Thank you. Appreciate it. So, yeah. What's the margin here? Like two, three feet? Well, here's the best thing is don't encroach into it at all. Yeah. I mean, you know, now you're making me think maybe we just deny the whole thing, you know, about it because it's... We're asking for trouble. You're asking for trouble. All right. Let's just leave it at that then. Can we table it and we come up with a revised... No. I'm not willing to table it. Yeah. So if you can find four of the votes. We have a motion on the floor. Yeah. We're discussing a motion right now. So, all right. So, all right. So, I think we've vetted that. I think... think we're clear on what we're voting on so all those in favor of the motion as stated say aye aye any opposed your request is denied for the reasons stated thank you all right so calling item 10 3063 Franklin welcome back and you smiling

52. 1:03:45

    but if you have a very small encroachment, you might consider that. Yeah. How much is the very small? Two feet? Yes. I'm sorry. Yeah. So we're trying to help them, you know, build his house, we're trying to give them options. Yeah. Try and do that for everybody. Yeah. Thank you. Appreciate it. So, yeah. What's the margin here? Like two, three feet? Well, here's the best thing is don't encroach into it at all. Yeah. I mean, you know, now you're making me think maybe we just deny the whole thing, you know, about it because it's... We're asking for trouble. You're asking for trouble. All right. Let's just leave it at that then. Can we table it and we come up with a revised... No. I'm not willing to table it. Yeah. So if you can find four of the votes. We have a motion on the floor. Yeah. We're discussing a motion right now. So, all right. So, all right. So, I think we've vetted that. I think... think we're clear on what we're voting on so all those in favor of the motion as stated say aye aye any opposed your request is denied for the reasons stated thank you all right so calling item 10 3063 Franklin welcome back and you smiling okay 3063 Franklin this house was built about six years ago and now we having we building an addition and the pool in the rear side we come we came into front of you guys a few months ago about the CBA for the pool area at the back and now we the my client want to add garage because his existing garage can fit about three cars max you want to add a detached garage to the north side encroaching about nine feet less than a nine feet into this north setback okay any questions from the board after public comment yeah i'll open this for public comment anyone like to comment on this item so we'll close public comment bring it back to the board for questions so um i drove by their site today beautiful home i understand i want to give you

53. 1:05:00

    all right so calling item 10 3063 Franklin welcome back and you smiling okay 3063 Franklin this house was built about six years ago and now we having we building an addition and the pool in the rear side we come we came into front of you guys a few months ago about the CBA for the pool area at the back and now we the my client want to add garage because his existing garage can fit about three cars max you want to add a detached garage to the north side encroaching about nine feet less than a nine feet into this north setback okay any questions from the board after public comment yeah i'll open this for public comment anyone like to comment on this item so we'll close public comment bring it back to the board for questions so um i drove by their site today beautiful home i understand i want to give you credit on your goal was to try to make it not as deep as possible because you need that 25 foot to get in and out of the garages so i can tell you guys took time to minimize it as much as it could for the how close it is to the property line and how much space you need to have backing in and out so i did review the plane to notice that so i applaud you for that what is the grade difference from the driveway to the um north um lot line because what i think dimensions are there i mean can you zoom in the gray difference because it seems to drop off as the property goes to the north like 15 or 20 feet is that correct uh i think less than that that's on the south side the drop is deep the north side is is less okay um the south side is very deep yeah the south side with the addition i got to see that i did take pictures for myself so i could understand it from your lot line to the lot line to the north you guys have a retaining wall there that had to be removed yeah again it is pretty significant so are you planning on building

54. 1:06:15

    for questions so um i drove by their site today beautiful home i understand i want to give you credit on your goal was to try to make it not as deep as possible because you need that 25 foot to get in and out of the garages so i can tell you guys took time to minimize it as much as it could for the how close it is to the property line and how much space you need to have backing in and out so i did review the plane to notice that so i applaud you for that what is the grade difference from the driveway to the um north um lot line because what i think dimensions are there i mean can you zoom in the gray difference because it seems to drop off as the property goes to the north like 15 or 20 feet is that correct uh i think less than that that's on the south side the drop is deep the north side is is less okay um the south side is very deep yeah the south side with the addition i got to see that i did take pictures for myself so i could understand it from your lot line to the lot line to the north you guys have a retaining wall there that had to be removed yeah again it is pretty significant so are you planning on building that up filling it in or putting a retaining wall how are you gonna hold back the structure we're gonna put that a canning wall so then there's a retaining wall within how many feet which again we require another dimensional variance because it's gonna be over it's gonna be within 60 feet of the property line and then we've had another case on this where there was such a high building close to the property line that adequate screening need to be installed I think our case is not only so I'm having a couple issues with this because the way your layout is your northern property line happens to be the backyard of your neighbor so they would be able to see from eight feet or seven feet from their property line a 25-foot wall of brick we do have a letter from this neighbor specifically approval letter I saw other neighbors I didn't see that neighbor no the north side neighbor we have a letter from him okay I looked at some of them and I checked the neighbors that were the

55. 1:07:30

    that up filling it in or putting a retaining wall how are you gonna hold back the structure we're gonna put that a canning wall so then there's a retaining wall within how many feet which again we require another dimensional variance because it's gonna be over it's gonna be within 60 feet of the property line and then we've had another case on this where there was such a high building close to the property line that adequate screening need to be installed I think our case is not only so I'm having a couple issues with this because the way your layout is your northern property line happens to be the backyard of your neighbor so they would be able to see from eight feet or seven feet from their property line a 25-foot wall of brick we do have a letter from this neighbor specifically approval letter I saw other neighbors I didn't see that neighbor no the north side neighbor we have a letter from him okay I looked at some of them and I checked the neighbors that were the Hickory Grove one that I saw was on the northwest side yeah and the the this corner of Hickory Grove and Franklin it's it's he gave us a letter yesterday Yeah, sure. Come on up. Thank you. Um, I'm the owner. Um, yeah, the, the neighbor, uh, just in the north of me, uh, Dr. Peter Chen, um, one of the letters is from him and he, he's the one that his house is, you know, the, um, directly, directly north where the garage would, uh, would go. Um, and, um, he, he's, uh, fine with the garage. Um, we know that, um, he supports it. We're, we're building the addition and we, we got kids who are going to be unfortunately driving soon. Um, so we, we, uh, um, need some more space for the, for the, for cars, even though we have a four car garage now, it really fits like two, maybe three with the, with all the bikes and all that stuff that's there. Um, I don't, I want to interrupt you because I, I want to understand this. So I see a Hickory Grove address, which is 2975. Yeah. Which maybe my map is wrong. It shows the Northwest corner property. Yeah. I'm talking about the other, the other letter is three zero one seven. Franklin. Um, three, three zero one seven, uh, Franklin is, is the, is the Northern property.

56. 1:08:45

    okay I looked at some of them and I checked the neighbors that were the Hickory Grove one that I saw was on the northwest side yeah and the the this corner of Hickory Grove and Franklin it's it's he gave us a letter yesterday Yeah, sure. Come on up. Thank you. Um, I'm the owner. Um, yeah, the, the neighbor, uh, just in the north of me, uh, Dr. Peter Chen, um, one of the letters is from him and he, he's the one that his house is, you know, the, um, directly, directly north where the garage would, uh, would go. Um, and, um, he, he's, uh, fine with the garage. Um, we know that, um, he supports it. We're, we're building the addition and we, we got kids who are going to be unfortunately driving soon. Um, so we, we, uh, um, need some more space for the, for the, for cars, even though we have a four car garage now, it really fits like two, maybe three with the, with all the bikes and all that stuff that's there. Um, I don't, I want to interrupt you because I, I want to understand this. So I see a Hickory Grove address, which is 2975. Yeah. Which maybe my map is wrong. It shows the Northwest corner property. Yeah. I'm talking about the other, the other letter is three zero one seven. Franklin. Um, three, three zero one seven, uh, Franklin is, is the, is the Northern property. Is the North property. Okay. So he doesn't have a Hickory Grove address. That's an interesting. Okay. Okay. Interesting. Yeah. Okay. No, no, you're correct. I would have thought that would have been a Hickory Grove based on how the house is situated. But yeah. Yeah. So. so yeah um that's basically i got you know a letter from that neighbor who would be you know the garage would would be right um uh against his property and then the other neighbor that potentially could see it i guess and they're both supported and had no objections and signed on it i appreciate you getting that letter because that impacts it again we had much deliberation about another building that had a significant elevation change and a lot of brick right so again because your elevation change whether you're going to put a retaining wall which is a separate variance and a separate request or you're just going to build the foundation all the way down and build it up and fill it in which is your right but then that means that's brick that they're going to see for

57. 1:10:00

    2975. Yeah. Which maybe my map is wrong. It shows the Northwest corner property. Yeah. I'm talking about the other, the other letter is three zero one seven. Franklin. Um, three, three zero one seven, uh, Franklin is, is the, is the Northern property. Is the North property. Okay. So he doesn't have a Hickory Grove address. That's an interesting. Okay. Okay. Interesting. Yeah. Okay. No, no, you're correct. I would have thought that would have been a Hickory Grove based on how the house is situated. But yeah. Yeah. So. so yeah um that's basically i got you know a letter from that neighbor who would be you know the garage would would be right um uh against his property and then the other neighbor that potentially could see it i guess and they're both supported and had no objections and signed on it i appreciate you getting that letter because that impacts it again we had much deliberation about another building that had a significant elevation change and a lot of brick right so again because your elevation change whether you're going to put a retaining wall which is a separate variance and a separate request or you're just going to build the foundation all the way down and build it up and fill it in which is your right but then that means that's brick that they're going to see for approximately 25 or 30 feet that's a lot eight feet from the property line again i'm a garage guy i understand what you're doing here i promise i also read the um plan i can tell you did everything you could to minimize it i truly do i'm just having trouble with that stuff i'll see what other my other board members think scott i would agree with that it's the same as the other case where you can't you can't plant tall enough vegetation behind it to block that tall brick wall and in this scenario it appears that it doesn't necessarily match architecture of the house Because I try to keep the roof line below 14 feet probably It just looks forced and it looks like it's gonna impact the neighbor to me And again, he can't put the end of the driveway because that's where it's such a great go off and then that like I Did stop by your house and walk on it. It's part of the DBM allowed to do that But I did do it so I could see what you guys were working with and how you're trying to work around these things

58. 1:11:15

    and fill it in which is your right but then that means that's brick that they're going to see for approximately 25 or 30 feet that's a lot eight feet from the property line again i'm a garage guy i understand what you're doing here i promise i also read the um plan i can tell you did everything you could to minimize it i truly do i'm just having trouble with that stuff i'll see what other my other board members think scott i would agree with that it's the same as the other case where you can't you can't plant tall enough vegetation behind it to block that tall brick wall and in this scenario it appears that it doesn't necessarily match architecture of the house Because I try to keep the roof line below 14 feet probably It just looks forced and it looks like it's gonna impact the neighbor to me And again, he can't put the end of the driveway because that's where it's such a great go off and then that like I Did stop by your house and walk on it. It's part of the DBM allowed to do that But I did do it so I could see what you guys were working with and how you're trying to work around these things Yeah, I mean, it's the way the neighbor's house It's kind of like his side so he's not it's not the front and it's not the back It just makes it close because of that What's that? It makes your approachman close because he's close because it's like kind of like side inside So it makes it a lot closer than in some other instances Yeah, he doesn't he's not gonna like wake up and look at it Because it's his the side of the house It's it's kind of on his side of the house not the front or the back because his house is built on an angle Versus my house So his you know the front he's looking at the intersection of hickory grope and franklin That's as far as the back is actually looking at my pool. He's got a better view of my pool than I do And he likes that But yeah, but yeah where the garage is is kind of like the side of his house where he's really like he's got two windows You Thank you. and then just open discussion it's only what 23 feet deep or 20 it's how deep is the garage 23 feet so you try to shrink it and you can't then it's unusable so like to their credit they made it the minimum depth you need and then there's

59. 1:12:30

    Yeah, I mean, it's the way the neighbor's house It's kind of like his side so he's not it's not the front and it's not the back It just makes it close because of that What's that? It makes your approachman close because he's close because it's like kind of like side inside So it makes it a lot closer than in some other instances Yeah, he doesn't he's not gonna like wake up and look at it Because it's his the side of the house It's it's kind of on his side of the house not the front or the back because his house is built on an angle Versus my house So his you know the front he's looking at the intersection of hickory grope and franklin That's as far as the back is actually looking at my pool. He's got a better view of my pool than I do And he likes that But yeah, but yeah where the garage is is kind of like the side of his house where he's really like he's got two windows You Thank you. and then just open discussion it's only what 23 feet deep or 20 it's how deep is the garage 23 feet so you try to shrink it and you can't then it's unusable so like to their credit they made it the minimum depth you need and then there's only 25 feet from the front of that garage in front of the other garage which is what you the minimum you need to be able to turn those vehicles around so like I can appreciate you guys did everything you could to fit in that space cars are bigger you have more drivers it's I mean garages are a growing thing here we see a lot of people that want bigger garages he's a garage guy so that's I understand the need for more garage space definitely even just for storage not even for cars but I guess I'm kind of what Scott and I was surprised but I was thinking of the architectural you know it doesn't appear to go with the the architectural design of the home and it just looked to me looks very odd and I know that that is something that we do consider in terms of you know is it harmonious and you know how does it look and and it just looks yeah I mean I'm an engineer so I totally understand I'm trying to strike the balance between

60. 1:13:45

    like to their credit they made it the minimum depth you need and then there's only 25 feet from the front of that garage in front of the other garage which is what you the minimum you need to be able to turn those vehicles around so like I can appreciate you guys did everything you could to fit in that space cars are bigger you have more drivers it's I mean garages are a growing thing here we see a lot of people that want bigger garages he's a garage guy so that's I understand the need for more garage space definitely even just for storage not even for cars but I guess I'm kind of what Scott and I was surprised but I was thinking of the architectural you know it doesn't appear to go with the the architectural design of the home and it just looked to me looks very odd and I know that that is something that we do consider in terms of you know is it harmonious and you know how does it look and and it just looks yeah I mean I'm an engineer so I totally understand I'm trying to strike the balance between you know, architectural design and practicality. I mean, I got a big family, and I'm not sure, you know, yeah, I have a big house and stuff, but, you know, practically, I'm really short of, you know. I understand that. And I don't know where to build it. There's no place to build it. Nowhere else, yeah, where else would you put it? There's nowhere else to, yeah, I understand the need. I mean, you can't put a car inside the house, even if you think, just because the house is large. But, you know, I get, I understand the need. I guess that's just my only concern is there. You can't have a long, narrow garage. Yeah. And I guess it's probably just because of the height of it. It's a lot. Well, for the height, also, we have to stay below 14. Yeah. So that's why, that's what I'll be . What kind of plans do you have proposed trees? What trees did you contemplate when you submitted the plans? Yeah, I've had a green, and we had, in our previous variance, the entire lot will be green belt around it when we did the pool permit before. So I'd like to be going to do this. I can see if you open the door here, and then, and . It's still . And . Yeah, back, and ...

61. 1:15:00

    you know, architectural design and practicality. I mean, I got a big family, and I'm not sure, you know, yeah, I have a big house and stuff, but, you know, practically, I'm really short of, you know. I understand that. And I don't know where to build it. There's no place to build it. Nowhere else, yeah, where else would you put it? There's nowhere else to, yeah, I understand the need. I mean, you can't put a car inside the house, even if you think, just because the house is large. But, you know, I get, I understand the need. I guess that's just my only concern is there. You can't have a long, narrow garage. Yeah. And I guess it's probably just because of the height of it. It's a lot. Well, for the height, also, we have to stay below 14. Yeah. So that's why, that's what I'll be . What kind of plans do you have proposed trees? What trees did you contemplate when you submitted the plans? Yeah, I've had a green, and we had, in our previous variance, the entire lot will be green belt around it when we did the pool permit before. So I'd like to be going to do this. I can see if you open the door here, and then, and . It's still . And . Yeah, back, and ... Oh, wait, they can't. No, they can't. That's not . That's . Thank you. can we get a calculation of what the proposed garage is and then your existing garage and then the square footage of your house okay thank you i just want to make sure that we ran those numbers okay thank you thank you and they just put a big addition on it okay i just want to make sure that we didn't run into any okay thank you put a very nice addition because i was also like can we move the garage over like and i saw you already doing that so that would be yeah that's where we thought first like let's put it by addition and you mentioned that huge drop correct yeah no it would fit there um but yeah the addition is about uh 3 000 square feet 1500 floor and then another 1500 for the for the basement so how far do you think this drops at the side property line from the garage from the new proposed garage the property line how many feet would attract probably eight or nine i think to the limit of the uh where we ending the garage

62. 1:16:15

    Yeah, back, and ... Oh, wait, they can't. No, they can't. That's not . That's . Thank you. can we get a calculation of what the proposed garage is and then your existing garage and then the square footage of your house okay thank you i just want to make sure that we ran those numbers okay thank you thank you and they just put a big addition on it okay i just want to make sure that we didn't run into any okay thank you put a very nice addition because i was also like can we move the garage over like and i saw you already doing that so that would be yeah that's where we thought first like let's put it by addition and you mentioned that huge drop correct yeah no it would fit there um but yeah the addition is about uh 3 000 square feet 1500 floor and then another 1500 for the for the basement so how far do you think this drops at the side property line from the garage from the new proposed garage the property line how many feet would attract probably eight or nine i think to the limit of the uh where we ending the garage and also for the area for the area just in case if tom couldn't find it uh i think the new the with the addition it's about 9200 square feet house the garage is the new one is about 1250 and the old garage about 800 so we're talking about 2000 something okay thank you yeah there's the reason she's asking is to make sure that we're not exceeding so that we don't have to notice for another one right so trying to make sure whatever we do here you again Scott I think it's a little more when I looked again I didn't hold trees and then a lot of Phil like there's gonna be again there he's a good builder they'll be able to engineer it but then he only has like six or seven feet to put whatever type of evergreen screening that we may require is that even enough to put those right yeah something that's tall enough to really screen it's not going to totally screen it so it would soften it but not screen it but yeah I'm torn by this because I you know there's a need for the space he's done everything he could make it work

63. 1:17:30

    feet would attract probably eight or nine i think to the limit of the uh where we ending the garage and also for the area for the area just in case if tom couldn't find it uh i think the new the with the addition it's about 9200 square feet house the garage is the new one is about 1250 and the old garage about 800 so we're talking about 2000 something okay thank you yeah there's the reason she's asking is to make sure that we're not exceeding so that we don't have to notice for another one right so trying to make sure whatever we do here you again Scott I think it's a little more when I looked again I didn't hold trees and then a lot of Phil like there's gonna be again there he's a good builder they'll be able to engineer it but then he only has like six or seven feet to put whatever type of evergreen screening that we may require is that even enough to put those right yeah something that's tall enough to really screen it's not going to totally screen it so it would soften it but not screen it but yeah I'm torn by this because I you know there's a need for the space he's done everything he could make it work of the he really has a spot the neighbor is kind of at a different angle so there are some mitigating factories is this stuff because there's also that it's a lot of brick there's a lot of brick his neighbor did say yes he made it the least deep he needed to he didn't want to go over 14 feet so then he didn't have to go for another variance which he could have right like so in the attempt of the good spirit he did try to meet all these other spears of the ordinance so like I'm giving you kudos so I hope you understand he's offered to screen it as much as we could so I was definitely surprised I guess we could I I'd be in favor of it with screen if you know if he softens it with as much so I'm also if I'm even going to consider this we'll have to have engineering plans, and a civil engineer. Well he's an engineer, he's right here. Well I would need a civil engineering plan, because I believe, is this an accessory structure? Is this considered accessory? Or is it attached? It's considered detached, it's not a meaningful attachment, which is the interpretation in our order. So then technically our ordinance doesn't require civil engineering to do this? That's something that we can require if you feel it's significant enough, I can, we can carry that through with the motion as part of the permit requirement. Because again, if we're this close to the property line, we already have some great issues,

64. 1:18:45

    this because I you know there's a need for the space he's done everything he could make it work of the he really has a spot the neighbor is kind of at a different angle so there are some mitigating factories is this stuff because there's also that it's a lot of brick there's a lot of brick his neighbor did say yes he made it the least deep he needed to he didn't want to go over 14 feet so then he didn't have to go for another variance which he could have right like so in the attempt of the good spirit he did try to meet all these other spears of the ordinance so like I'm giving you kudos so I hope you understand he's offered to screen it as much as we could so I was definitely surprised I guess we could I I'd be in favor of it with screen if you know if he softens it with as much so I'm also if I'm even going to consider this we'll have to have engineering plans, and a civil engineer. Well he's an engineer, he's right here. Well I would need a civil engineering plan, because I believe, is this an accessory structure? Is this considered accessory? Or is it attached? It's considered detached, it's not a meaningful attachment, which is the interpretation in our order. So then technically our ordinance doesn't require civil engineering to do this? That's something that we can require if you feel it's significant enough, I can, we can carry that through with the motion as part of the permit requirement. Because again, if we're this close to the property line, we already have some great issues, which I know you would be able to take care of, but it would then continue with the spirit of making sure it minimally impacts our neighbor, right? Like, absolutely. A good neighbor, so. Structural neighbor. Well I think make the motion with the conditions you feel are appropriate. I'm still torn. Are you? Is anyone else that's not torn, is eligible to make the motion with help from Chris, with conditions that he would add? I mean, or if you guys are torn, I mean, I'm just, I'm just one person, so. No, again, I understand the need. I understand he's got a substantially. I don't want to say I'm on the fence, because we've got too many fences. I just want to say that I'm torn. As long as you screen it, you can be on that fence, right? I'm torn. So he has a house of scale, right? And a three or four car garage at that house is a limiting factor. I can appreciate that. And then his lot, it does have some grade issues. So try to put it in these other areas that would have less variances required. I said it in these other areas thatchools are politically I don't know about school heads in here, but then he's going to build those. I love it, and from the truth in that noise that all of us He's got a practical difficulty there. He's got a practical difficulty. I just... Honestly, I just don't know where else to put the garage. That's why I... That's why we try to walk it or take pictures, so we can understand

65. 1:20:00

    we already have some great issues, which I know you would be able to take care of, but it would then continue with the spirit of making sure it minimally impacts our neighbor, right? Like, absolutely. A good neighbor, so. Structural neighbor. Well I think make the motion with the conditions you feel are appropriate. I'm still torn. Are you? Is anyone else that's not torn, is eligible to make the motion with help from Chris, with conditions that he would add? I mean, or if you guys are torn, I mean, I'm just, I'm just one person, so. No, again, I understand the need. I understand he's got a substantially. I don't want to say I'm on the fence, because we've got too many fences. I just want to say that I'm torn. As long as you screen it, you can be on that fence, right? I'm torn. So he has a house of scale, right? And a three or four car garage at that house is a limiting factor. I can appreciate that. And then his lot, it does have some grade issues. So try to put it in these other areas that would have less variances required. I said it in these other areas thatchools are politically I don't know about school heads in here, but then he's going to build those. I love it, and from the truth in that noise that all of us He's got a practical difficulty there. He's got a practical difficulty. I just... Honestly, I just don't know where else to put the garage. That's why I... That's why we try to walk it or take pictures, so we can understand it, so when you come here, we can... I have eyes on it, so I can appreciate everything you're saying and it's true. I'm not going to dispute any of that with you. Alright. You can't scale it. It's not obstructing any of the neighbors' views or... So, one of my colleagues said, what about putting a forward-facing garage or a rear-facing garage? It'd be the same issue because it's only 23 feet wide which would then still allow him two cars deep, so if we even shrunk it to two feet, it would be a very narrow... So, like... I said that earlier. So, again, as myself and Scott would know, it doesn't make it... It then would... Not only the expense but it wouldn't make it even usable for what he's trying to do. So, and I can appreciate that. Alright. Mr. Chairman, I'd like to make a motion. Thank you. I can't wait to hear it. There's going to be a few conditions. Okay. So, we're going to get through this together. So, we're going to start with the permission request. In regards to the appeal at 3063 Franklin Road for the accessory structure, I move the request to be moved as amended. Based on information presented, the applicant did demonstrate compliance for section 42-76 standards because of the use of this

66. 1:21:15

    or take pictures, so we can understand it, so when you come here, we can... I have eyes on it, so I can appreciate everything you're saying and it's true. I'm not going to dispute any of that with you. Alright. You can't scale it. It's not obstructing any of the neighbors' views or... So, one of my colleagues said, what about putting a forward-facing garage or a rear-facing garage? It'd be the same issue because it's only 23 feet wide which would then still allow him two cars deep, so if we even shrunk it to two feet, it would be a very narrow... So, like... I said that earlier. So, again, as myself and Scott would know, it doesn't make it... It then would... Not only the expense but it wouldn't make it even usable for what he's trying to do. So, and I can appreciate that. Alright. Mr. Chairman, I'd like to make a motion. Thank you. I can't wait to hear it. There's going to be a few conditions. Okay. So, we're going to get through this together. So, we're going to start with the permission request. In regards to the appeal at 3063 Franklin Road for the accessory structure, I move the request to be moved as amended. Based on information presented, the applicant did demonstrate compliance for section 42-76 standards because of the use of this accessory structure is appropriate neighborhood as you say that other neighbors have accessory structures of garages and based on the scale of your home you could utilize a garage of this size second for the dimensional variance same address for the setback requirement for the nine foot required for the northerly setback I move the variance be approved as amended based information presented the input did demonstrate all stands for practical difficulty because compliance with strictly the ordinance be unduly burdensome because there is no other place based on topography to put this garage there is no injustice to the adjoining neighbor by the reason of not only do they give permission for the neighbor that's being most impacted to it we're going to talk about how we're going to screen this in order to minimize that impact and soften it to the neighbors you need circumstance of this property have been demonstrated given the fact that again we have topography changes and truly just area that is limited in your area which I can attest to this is not self created because again the lot has topography changes and challenges so the conditions that are going to be amended it will require a topo and a civil engineering plan to mitigate all water from your property to make sure it does not go to the other side you will be required to plant minimum of at at time of planting so this is the tough one

67. 1:22:30

    accessory structure is appropriate neighborhood as you say that other neighbors have accessory structures of garages and based on the scale of your home you could utilize a garage of this size second for the dimensional variance same address for the setback requirement for the nine foot required for the northerly setback I move the variance be approved as amended based information presented the input did demonstrate all stands for practical difficulty because compliance with strictly the ordinance be unduly burdensome because there is no other place based on topography to put this garage there is no injustice to the adjoining neighbor by the reason of not only do they give permission for the neighbor that's being most impacted to it we're going to talk about how we're going to screen this in order to minimize that impact and soften it to the neighbors you need circumstance of this property have been demonstrated given the fact that again we have topography changes and truly just area that is limited in your area which I can attest to this is not self created because again the lot has topography changes and challenges so the conditions that are going to be amended it will require a topo and a civil engineering plan to mitigate all water from your property to make sure it does not go to the other side you will be required to plant minimum of at at time of planting so this is the tough one because I don't know the height so when we did it for the previous person we made them basically cover the First floor or the wall, right? So I'm gonna say 15 foot or greater Evergreen style plantings at time of planting if that isn't enough to get to the first floor of that garage You will plant to whatever planting it needs to be so that the first floor that garage the grade level Will be covered. Should we understand? Yeah, perfect And then this is not approval of get to do a different retaining wall, by the way So if you do a retaining wall associated with it You have to come back to ZBA for something different So this is only giving you permission to build it up to that and if you go straight down with your foundation Then you have to soften it with the 15 foot absolutely minimum 15 foot The greater of 15 foot or the grade of your driveway If this motion is approved all application for necessary permits must be made within one year And all permits must be obtained prior to construction a single-family affidavit is required to be submitted to the township and

68. 1:23:45

    required to plant minimum of at at time of planting so this is the tough one because I don't know the height so when we did it for the previous person we made them basically cover the First floor or the wall, right? So I'm gonna say 15 foot or greater Evergreen style plantings at time of planting if that isn't enough to get to the first floor of that garage You will plant to whatever planting it needs to be so that the first floor that garage the grade level Will be covered. Should we understand? Yeah, perfect And then this is not approval of get to do a different retaining wall, by the way So if you do a retaining wall associated with it You have to come back to ZBA for something different So this is only giving you permission to build it up to that and if you go straight down with your foundation Then you have to soften it with the 15 foot absolutely minimum 15 foot The greater of 15 foot or the grade of your driveway If this motion is approved all application for necessary permits must be made within one year And all permits must be obtained prior to construction a single-family affidavit is required to be submitted to the township and Then there is no basement associated with this right now And then all those evergreen screenings I've talked about shall be planted on are required for it Support so I motion support. Do we have all that in the minutes? Do you guys understand what we're getting at? Absolutely. Yeah, yeah, okay, so civil engineering topo I need minimum of 15 foot evergreen style plantings along your northern property and then um minimum to the grade of the garage right to the to the grade of your driveway so your driveway basically is your grade line to that absolutely thank you thank you so so thank you for that motion that was uh well well done and product of a lot of thought so uh we have a motion and support uh and we have uh the motion captured uh in fine detail in the minutes so all those in favor say aye aye aye any opposed congratulations your request thank you it's granted good luck thank you so calling item 11 351 marlborough i just want to make a comment

69. 1:25:00

    And all permits must be obtained prior to construction a single-family affidavit is required to be submitted to the township and Then there is no basement associated with this right now And then all those evergreen screenings I've talked about shall be planted on are required for it Support so I motion support. Do we have all that in the minutes? Do you guys understand what we're getting at? Absolutely. Yeah, yeah, okay, so civil engineering topo I need minimum of 15 foot evergreen style plantings along your northern property and then um minimum to the grade of the garage right to the to the grade of your driveway so your driveway basically is your grade line to that absolutely thank you thank you so so thank you for that motion that was uh well well done and product of a lot of thought so uh we have a motion and support uh and we have uh the motion captured uh in fine detail in the minutes so all those in favor say aye aye aye any opposed congratulations your request thank you it's granted good luck thank you so calling item 11 351 marlborough i just want to make a comment before this item is heard that we are to our department is well aware of the adjacent property owners issues that you see a lot of conversation in the correspondence regarding the vacant house that's next door um that is being ticketed and managed by our ordinance division um that there was some work that was done on that house that's been vacated for quite a while we're trying to get compliance and get updated permits for the work that's been done so i just want to clarify that it is on our radar we have been dealing with it so i just want to make that point of clarification because there's a lot of conversation about that house in correspondence related to this fence request so i there's a lot of conversation about this kind of conversation about that the code available in your of the house in good news so i just wanted to answer that that I'm really glad you said that you took out half of what I was going to say good evening my name is Sasha this is my husband Glenn we are requesting an approval of a two foot dimensional variance to allow our existing four foot fence to be increased to a six foot fence in height along one side one side boundary of the property and that is the side that is facing 369 Marlboro the abandoned house my drawing my drawing kind of sucks but I take pride in it

70. 1:26:15

    granted good luck thank you so calling item 11 351 marlborough i just want to make a comment before this item is heard that we are to our department is well aware of the adjacent property owners issues that you see a lot of conversation in the correspondence regarding the vacant house that's next door um that is being ticketed and managed by our ordinance division um that there was some work that was done on that house that's been vacated for quite a while we're trying to get compliance and get updated permits for the work that's been done so i just want to clarify that it is on our radar we have been dealing with it so i just want to make that point of clarification because there's a lot of conversation about that house in correspondence related to this fence request so i there's a lot of conversation about this kind of conversation about that the code available in your of the house in good news so i just wanted to answer that that I'm really glad you said that you took out half of what I was going to say good evening my name is Sasha this is my husband Glenn we are requesting an approval of a two foot dimensional variance to allow our existing four foot fence to be increased to a six foot fence in height along one side one side boundary of the property and that is the side that is facing 369 Marlboro the abandoned house my drawing my drawing kind of sucks but I take pride in it so it's it's the right side of it if you're looking at it from my point of view this request is based on practical difficulties arising from the unique and long-standing external conditions affecting the adjoining property at 369 Marlboro Drive this is not created this is not self created hardship or desire for any excessive structure the neighboring property has remained vacant and is invisible disrepair for over 10 years during the March 23rd 2026 Bloomfield Township comment meeting multiple residents publicly described ongoing concerns regarding the property and also quoted our letter to the HOA board including prolonged vacancy excessive vegetation growth debris accumulation rodent activity which if I may say right now now I have gophers so that's great repeated maintenance issues and suspicious or unauthorized activity occurring near neighboring homes more importantly the neighbors who did speak on this were all on the HOA board they all approve of this they have not said no the neighbor Mr. Mr. Brown has also not said no I have two other letters of support from our next door neighbors saying that they also approve of us having a fence for this Jim Tassen stated that the neighbor at 514 Marlboro which is me is right next door to him 351 sorry I'm apparently dyslexic Marlboro is right next door to

71. 1:27:30

    so it's it's the right side of it if you're looking at it from my point of view this request is based on practical difficulties arising from the unique and long-standing external conditions affecting the adjoining property at 369 Marlboro Drive this is not created this is not self created hardship or desire for any excessive structure the neighboring property has remained vacant and is invisible disrepair for over 10 years during the March 23rd 2026 Bloomfield Township comment meeting multiple residents publicly described ongoing concerns regarding the property and also quoted our letter to the HOA board including prolonged vacancy excessive vegetation growth debris accumulation rodent activity which if I may say right now now I have gophers so that's great repeated maintenance issues and suspicious or unauthorized activity occurring near neighboring homes more importantly the neighbors who did speak on this were all on the HOA board they all approve of this they have not said no the neighbor Mr. Mr. Brown has also not said no I have two other letters of support from our next door neighbors saying that they also approve of us having a fence for this Jim Tassen stated that the neighbor at 514 Marlboro which is me is right next door to him 351 sorry I'm apparently dyslexic Marlboro is right next door to him he's forced to incur a cost of installing a privacy fence attempting to remedy the issue of looking at the eyesore and that they have even incurred professional costs due to his trees falling on their home and fence we have spent a couple thousand dollars on having to remove his trees or we have had to have to hire tree removal companies to cut off the branches of his dead trees I have multiple text messages between he and I where I'm like hey your your trees are damaging our fence like he's broken our forefoot fence probably about three times now and I've had to replace the fence I haven't done anything about it I've kind of just left it alone Deb Nash then further who's also on our HOA board said that she agreed with everything that Tim Tassen had said and then more importantly Patricia Patricia Tara Tuta confirmed with her statement that safety concerns that we have for our young children stating quote actually she actually saw coming out of the back of the house two younger guys about 15 16 years old and an older gentleman coming out of the back and there wasn't even a car parked and quote and she said that the house is getting creepier and creepier over last summer I think it would I just need to understand why you want to

72. 1:28:45

    door to him 351 sorry I'm apparently dyslexic Marlboro is right next door to him he's forced to incur a cost of installing a privacy fence attempting to remedy the issue of looking at the eyesore and that they have even incurred professional costs due to his trees falling on their home and fence we have spent a couple thousand dollars on having to remove his trees or we have had to have to hire tree removal companies to cut off the branches of his dead trees I have multiple text messages between he and I where I'm like hey your your trees are damaging our fence like he's broken our forefoot fence probably about three times now and I've had to replace the fence I haven't done anything about it I've kind of just left it alone Deb Nash then further who's also on our HOA board said that she agreed with everything that Tim Tassen had said and then more importantly Patricia Patricia Tara Tuta confirmed with her statement that safety concerns that we have for our young children stating quote actually she actually saw coming out of the back of the house two younger guys about 15 16 years old and an older gentleman coming out of the back and there wasn't even a car parked and quote and she said that the house is getting creepier and creepier over last summer I think it would I just need to understand why you want to foot fence and why you want it on the property line so this happened last summer he has a lot of construction people coming in and out so when you say he you're talking about the next door the owner yeah his name is mr. brown okay so I get that but I want to know why you want is it to block the neighbor is that what you're saying so why do you want a six-foot fence I'm trying to say it so last summer he has a lot of construction people that come in and out they are not identified there's no trucks identifying it as like a plumber or a builder or whatever and there are random individuals coming in and out of this house one time a gentleman had decided to come up to my fence and start hooting and hollering at my 13 year old to which my husband had to sit there and remove him so I don't want to put words in your mouth but you want like protection from your neighbor I do okay so that that's just so that all those facts are saying that you're kind of afraid of your neighbor and you'd like something that's as big as possible to separate you from him because he's not removing any of the I've told him many of times of the people that come over and it's now my kids can't even go in the backyard so so I think you've heard you know typically we need screening for the fence so is there a screening plan how would

73. 1:30:00

    foot fence and why you want it on the property line so this happened last summer he has a lot of construction people coming in and out so when you say he you're talking about the next door the owner yeah his name is mr. brown okay so I get that but I want to know why you want is it to block the neighbor is that what you're saying so why do you want a six-foot fence I'm trying to say it so last summer he has a lot of construction people that come in and out they are not identified there's no trucks identifying it as like a plumber or a builder or whatever and there are random individuals coming in and out of this house one time a gentleman had decided to come up to my fence and start hooting and hollering at my 13 year old to which my husband had to sit there and remove him so I don't want to put words in your mouth but you want like protection from your neighbor I do okay so that that's just so that all those facts are saying that you're kind of afraid of your neighbor and you'd like something that's as big as possible to separate you from him because he's not removing any of the I've told him many of times of the people that come over and it's now my kids can't even go in the backyard so so I think you've heard you know typically we need screening for the fence so is there a screening plan how would you screen it if it's on the property line as much as I would like to agree with screening because of the state of disrepair of the home and the constant construction whatever you're talking about the neighbor yes it's going to get destroyed on his side So if I do all of that, which, again, I don't really have an objection to, but I'm going to be replacing it and replacing it and replacing it. It's been vacant for 10 years. There's nothing but damage over there. He's got multiple equipment coming in and out. You're going to have me in civil court because he's going to destroy all my trees. And I'm going to want him to repay me back for it, and he's not going to do it. Okay, so just to understand, you don't plan to have any screening because you feel there's destructive tendencies, your neighbor, and he'd destroy any screening? Yeah. Okay. Do we have any other questions from the board? Is there an existing fence there now? There is. It's a four-foot fence, yep. So you already have a four-foot fence there that is on the property line that is not screened? Correct. So you were asking to replace it with a six-foot fence not screened? Correct. Okay. Again, and the red line is all the new fence? No. So it's just... Just the right-hand side? It's just the right-hand side. I have a four-foot fence around my entire backyard, but it's just that side, right by the chicken.

74. 1:31:15

    typically we need screening for the fence so is there a screening plan how would you screen it if it's on the property line as much as I would like to agree with screening because of the state of disrepair of the home and the constant construction whatever you're talking about the neighbor yes it's going to get destroyed on his side So if I do all of that, which, again, I don't really have an objection to, but I'm going to be replacing it and replacing it and replacing it. It's been vacant for 10 years. There's nothing but damage over there. He's got multiple equipment coming in and out. You're going to have me in civil court because he's going to destroy all my trees. And I'm going to want him to repay me back for it, and he's not going to do it. Okay, so just to understand, you don't plan to have any screening because you feel there's destructive tendencies, your neighbor, and he'd destroy any screening? Yeah. Okay. Do we have any other questions from the board? Is there an existing fence there now? There is. It's a four-foot fence, yep. So you already have a four-foot fence there that is on the property line that is not screened? Correct. So you were asking to replace it with a six-foot fence not screened? Correct. Okay. Again, and the red line is all the new fence? No. So it's just... Just the right-hand side? It's just the right-hand side. I have a four-foot fence around my entire backyard, but it's just that side, right by the chicken. Yes. My children thought it was great. They said, Mom, you said you wanted chickens, but you can't have chickens, and they bought me a six-foot chicken for my birthday. So that's Jeff. So behind the chicken is your four-foot existing fence? Yes. And you're asking for a six-foot fence on the same area? Yes. Same construction? Is it the same style, or is it a... No, I'm going to have it closed off because... Not... The dogwood? Dog ear? Is that what it's called? Yeah, privacy fence. Because we have rodents coming in and out of there, too. He had a dead skunk there for like three months last year. He had a gopher problem. We told him about it. Now the gophers are in my yard. So that's cool. So you're looking to put up a six-foot privacy fence on that one side? Correct. Okay. Yes, ma'am. Any other questions? So I'd like to open this up in a public hearing. Does anyone like to comment on this? Okay, I'll close public hearing. Bring it back. Mr. Chair, I'll make a motion. Okay. So with regard to the appeal for the dimensional variance request for at 351 Marlboro Drive, I move, hang on here.

75. 1:32:30

    right by the chicken. Yes. My children thought it was great. They said, Mom, you said you wanted chickens, but you can't have chickens, and they bought me a six-foot chicken for my birthday. So that's Jeff. So behind the chicken is your four-foot existing fence? Yes. And you're asking for a six-foot fence on the same area? Yes. Same construction? Is it the same style, or is it a... No, I'm going to have it closed off because... Not... The dogwood? Dog ear? Is that what it's called? Yeah, privacy fence. Because we have rodents coming in and out of there, too. He had a dead skunk there for like three months last year. He had a gopher problem. We told him about it. Now the gophers are in my yard. So that's cool. So you're looking to put up a six-foot privacy fence on that one side? Correct. Okay. Yes, ma'am. Any other questions? So I'd like to open this up in a public hearing. Does anyone like to comment on this? Okay, I'll close public hearing. Bring it back. Mr. Chair, I'll make a motion. Okay. So with regard to the appeal for the dimensional variance request for at 351 Marlboro Drive, I move, hang on here. With regard to the appeal at 351 Marlboro Drive for the dimensional variance request for dog containment fence that exceeds four feet and encroaches 16 feet into the 16-foot easterly and westerly side yard setbacks and essentially replaces one side of the fence that she currently has. I move that the variance be approved as requested. Based on the information presented, the applicant did demonstrate all standards for practical difficulty because compliance with the strict letter of the ordinance would be unduly burdensome due to the situation with the unmaintained home next door. There is no injustice to the adjoining neighbors by reason that the fence is essentially already there. She's just going up to achieve some privacy. comparison . But to the point, we talk about what private standards unique there are the unique circumstances of the property have been demonstrated given the things that we've discussed here tonight and that is not self-created so if approved the motion must include application for all necessary permits to be made within one year and all permits must be attained prior to installation we typically do require additional evergreen plantings to screen this fence from public food yet I'm not going to require that today based upon the skepticism that they will be not maintained but just because of

76. 1:33:45

    I move, hang on here. With regard to the appeal at 351 Marlboro Drive for the dimensional variance request for dog containment fence that exceeds four feet and encroaches 16 feet into the 16-foot easterly and westerly side yard setbacks and essentially replaces one side of the fence that she currently has. I move that the variance be approved as requested. Based on the information presented, the applicant did demonstrate all standards for practical difficulty because compliance with the strict letter of the ordinance would be unduly burdensome due to the situation with the unmaintained home next door. There is no injustice to the adjoining neighbors by reason that the fence is essentially already there. She's just going up to achieve some privacy. comparison . But to the point, we talk about what private standards unique there are the unique circumstances of the property have been demonstrated given the things that we've discussed here tonight and that is not self-created so if approved the motion must include application for all necessary permits to be made within one year and all permits must be attained prior to installation we typically do require additional evergreen plantings to screen this fence from public food yet I'm not going to require that today based upon the skepticism that they will be not maintained but just because of the situation support so again discussion or is this a dog containment fence as well I don't really know if you call it that because it has nothing to do with my dog how big is your dog which one perfect so you do have a dog so in the spirit of it to make sure that that dog doesn't go to the neighbors or go in these other areas having something that they can't see through would also be helpful so your dog isn't barking at these contractors that are coming in jump over that yard right that makes sense yeah so again I just want to confirm I did step out the only part of the fence you're replacing is this fence correct correct just the one side so no other fence is being made done no it's existing fence and you're replacing that one side with a fence that's six feet tall correct privacy correct and i support it so we're good thank you i found out from the staff that anytime a fence is

77. 1:35:00

    based upon the skepticism that they will be not maintained but just because of the situation support so again discussion or is this a dog containment fence as well I don't really know if you call it that because it has nothing to do with my dog how big is your dog which one perfect so you do have a dog so in the spirit of it to make sure that that dog doesn't go to the neighbors or go in these other areas having something that they can't see through would also be helpful so your dog isn't barking at these contractors that are coming in jump over that yard right that makes sense yeah so again I just want to confirm I did step out the only part of the fence you're replacing is this fence correct correct just the one side so no other fence is being made done no it's existing fence and you're replacing that one side with a fence that's six feet tall correct privacy correct and i support it so we're good thank you i found out from the staff that anytime a fence is requested and we learned that there's a dog at the home regardless of what the homeowner says it's considered a dog containment fence so that's just that's just by the fact that you have a dog and i would just say she can't put screen it because it's on the property line she can't all right so any other discussion all those in favor say aye aye any opposed congratulations your request is granted thank you hello my name is mandy garver and i am the property owner i'm requesting to put a 16 foot by 12 foot by 8 foot high pergola on my property the variance here is that i'm requesting that it go in the side yard as opposed to the backyard my house is built in a valley and the backyard is at such an incline that really it is unusable for anything except ground cover covering it and

78. 1:36:15

    and i support it so we're good thank you i found out from the staff that anytime a fence is requested and we learned that there's a dog at the home regardless of what the homeowner says it's considered a dog containment fence so that's just that's just by the fact that you have a dog and i would just say she can't put screen it because it's on the property line she can't all right so any other discussion all those in favor say aye aye any opposed congratulations your request is granted thank you hello my name is mandy garver and i am the property owner i'm requesting to put a 16 foot by 12 foot by 8 foot high pergola on my property the variance here is that i'm requesting that it go in the side yard as opposed to the backyard my house is built in a valley and the backyard is at such an incline that really it is unusable for anything except ground cover covering it and And the side yard is really the yard that is available for use. And so that's the reason why I have planted Arbor Vidae and will ensure that there are screening all around so that it is not visible from the road. Any questions? That was well done. Elle opens to the public. Anyone who would like to comment? Close the public hearing and bring it back. It does appear that she has HOA approval just to state that. Okay. If there's no questions, I'll make a motion. Yep, I think that's good. Okay. I'll start with the permission request first. In regards to the appeal at 4680 Pickering Road for the accessory structure of a pergola, I move that the request be approved as submitted based on the information presented. The applicant did demonstrate compliance with section 42-7.6 standards because the use of the accessory structure is appropriate for the neighborhood. Pergolas are very popular. In terms of the dimensional variance at the same location, I also move that the variance be approved as requested based on the information presented.

79. 1:37:30

    And the side yard is really the yard that is available for use. And so that's the reason why I have planted Arbor Vidae and will ensure that there are screening all around so that it is not visible from the road. Any questions? That was well done. Elle opens to the public. Anyone who would like to comment? Close the public hearing and bring it back. It does appear that she has HOA approval just to state that. Okay. If there's no questions, I'll make a motion. Yep, I think that's good. Okay. I'll start with the permission request first. In regards to the appeal at 4680 Pickering Road for the accessory structure of a pergola, I move that the request be approved as submitted based on the information presented. The applicant did demonstrate compliance with section 42-7.6 standards because the use of the accessory structure is appropriate for the neighborhood. Pergolas are very popular. In terms of the dimensional variance at the same location, I also move that the variance be approved as requested based on the information presented. The applicant did demonstrate all standards for practical difficulty because compliance with the strict letter of the ordinance would be unduly burdensome. The applicant did demonstrate all the forms of the charity structure of a pergola would be undulyίας. So I'll start with this inspection. unique shape of her lot. There's no injustice to the adjoining neighbors, because for one, the pergola is very hard to see, but also she has agreed to screen. Unique circumstances of the property, again, is the sloping topography in the back. And so the side part, side of the home is probably the most appropriate. And because of that, it's not self-created. With that said, if approved, the motion also includes application for all necessary permits must be made within one year. And all permits must be obtained prior to installation. And just know evergreen plantings will be required to screen the pergola from view, and must meet or exceed the height of the pergola at the time of planting. Support. I have a motion in support. Any discussion? All those in favor say aye. Aye. Any opposed? Congratulations, your request is granted. Thank you. So calling item 13, 1085 Northover.

80. 1:38:45

    In terms of the dimensional variance at the same location, I also move that the variance be approved as requested based on the information presented. The applicant did demonstrate all standards for practical difficulty because compliance with the strict letter of the ordinance would be unduly burdensome. The applicant did demonstrate all the forms of the charity structure of a pergola would be undulyίας. So I'll start with this inspection. unique shape of her lot. There's no injustice to the adjoining neighbors, because for one, the pergola is very hard to see, but also she has agreed to screen. Unique circumstances of the property, again, is the sloping topography in the back. And so the side part, side of the home is probably the most appropriate. And because of that, it's not self-created. With that said, if approved, the motion also includes application for all necessary permits must be made within one year. And all permits must be obtained prior to installation. And just know evergreen plantings will be required to screen the pergola from view, and must meet or exceed the height of the pergola at the time of planting. Support. I have a motion in support. Any discussion? All those in favor say aye. Aye. Any opposed? Congratulations, your request is granted. Thank you. So calling item 13, 1085 Northover. Yes. So my name is Ricardo Muñoz. I live at 1085 Northover Drive. And I do just want to say, I haven't recited the Pledge of Allegiance probably since elementary school. So that was actually kind of a neat thing. But I'm here today because for Christmas I bought my wife a greenhouse from Costco. It's the one you see when you walk in from the side. And... And... new to the area moved here a little bit under two years ago and so i wanted my wife loves gardening she wanted to have a greenhouse i wanted to do it right i just wanted to come in front of the board i wanted to be able to share the dimensions i wanted to be able to show the color of it i wanted to be able to answer the questions and then also explain about the greening and then my neighbors behind me scott or i'm sorry steve he's like ricardo i support you jeff on this side as you will get to it he supports me i have uh fences already there but i really just wanted to be able to answer the questions that i need to do to give my wife the greenhouse but i'll go from there

81. 1:40:00

    So calling item 13, 1085 Northover. Yes. So my name is Ricardo Muñoz. I live at 1085 Northover Drive. And I do just want to say, I haven't recited the Pledge of Allegiance probably since elementary school. So that was actually kind of a neat thing. But I'm here today because for Christmas I bought my wife a greenhouse from Costco. It's the one you see when you walk in from the side. And... And... new to the area moved here a little bit under two years ago and so i wanted my wife loves gardening she wanted to have a greenhouse i wanted to do it right i just wanted to come in front of the board i wanted to be able to share the dimensions i wanted to be able to show the color of it i wanted to be able to answer the questions and then also explain about the greening and then my neighbors behind me scott or i'm sorry steve he's like ricardo i support you jeff on this side as you will get to it he supports me i have uh fences already there but i really just wanted to be able to answer the questions that i need to do to give my wife the greenhouse but i'll go from there uh which costco did you buy the ski house the one on telegraph okay we have some representatives of that costco here that is the costco that we go yeah okay i wouldn't be embarrassed to tell you how much money i spent that's a great great place all right any other questions from the board no mr jimmy i just want to let you know i do know their family i think i can be in partial uh judgment of this but i just want to make out the record that i um sure do you know that family yeah i do know i do know i don't think it's too controversial so i'll open this uh to the public anyone that would like to comment on the request or the quality of the greenhouse from costco from any other that's going to be okay we'll close the public hearing let's try to make a motion sure regard to the appeal at 1085 north over road for the accessory structure i move the request the submitted based on information presented the evidence did demonstrate compliance with section 42-7.6 standards because accessory structure is appropriate to the neighborhood as many other properties have the same sort of building locations accessory structure will not hinder or discourage adjacent use of property to the fact that it's it's way in the backyard it can be there's plenty of the screen around it and won't be visible by the neighbors if approved motion must include application for unnecessary permits must be made

82. 1:41:15

    uh which costco did you buy the ski house the one on telegraph okay we have some representatives of that costco here that is the costco that we go yeah okay i wouldn't be embarrassed to tell you how much money i spent that's a great great place all right any other questions from the board no mr jimmy i just want to let you know i do know their family i think i can be in partial uh judgment of this but i just want to make out the record that i um sure do you know that family yeah i do know i do know i don't think it's too controversial so i'll open this uh to the public anyone that would like to comment on the request or the quality of the greenhouse from costco from any other that's going to be okay we'll close the public hearing let's try to make a motion sure regard to the appeal at 1085 north over road for the accessory structure i move the request the submitted based on information presented the evidence did demonstrate compliance with section 42-7.6 standards because accessory structure is appropriate to the neighborhood as many other properties have the same sort of building locations accessory structure will not hinder or discourage adjacent use of property to the fact that it's it's way in the backyard it can be there's plenty of the screen around it and won't be visible by the neighbors if approved motion must include application for unnecessary permits must be made within one year and all permits must be obtained prior to installation and additional evergreen plantings shall be required to screen the greenhouse from public view you must meet or exceed the height of the structure and time of planting from all properties that can visibly see this greenhouse yes support I have a motion and support any discussion all those in favor say aye aye any opposed congratulations your request is granted and I just want to thank you on behalf of the planning building and ordinance department for reaching out to the township to find out what the appropriate Avenue was to get this approved so thank you so you would get the second award tonight so we had the first the first award was for the fellow who withdrew his request so you get the second so congratulations I'll tell my wife okay so calling item 14 4 5 2 5 Charing Cross hello TJ here with a Silva custom design representing my client Brian my Urana 4525 cheering cross request for permission to build a 28 foot by 40 foot by 16 foot high pool house the pool house is meeting all setbacks from the

83. 1:42:30

    approved motion must include application for unnecessary permits must be made within one year and all permits must be obtained prior to installation and additional evergreen plantings shall be required to screen the greenhouse from public view you must meet or exceed the height of the structure and time of planting from all properties that can visibly see this greenhouse yes support I have a motion and support any discussion all those in favor say aye aye any opposed congratulations your request is granted and I just want to thank you on behalf of the planning building and ordinance department for reaching out to the township to find out what the appropriate Avenue was to get this approved so thank you so you would get the second award tonight so we had the first the first award was for the fellow who withdrew his request so you get the second so congratulations I'll tell my wife okay so calling item 14 4 5 2 5 Charing Cross hello TJ here with a Silva custom design representing my client Brian my Urana 4525 cheering cross request for permission to build a 28 foot by 40 foot by 16 foot high pool house the pool house is meeting all setbacks from the property line the property is pretty vast property it's very highly wooded views from all adjacent northern view view from the front of the home from the north from the south east and west it's extremely screened as is with very minimal impact on neighbors and sightlines because what's the property what's four or five one one is that is that's a vacant lot nope there's a home on that lot okay yep and you can see based on this aerial shot the amount of woods and greenery that is their views would be extremely minimal and if they see the pool house it's going to fit the nature and character of the existing home brick pitched roof you might not even be able to tell it's there on the northern the northern edge and and we are

84. 1:43:45

    by 16 foot high pool house the pool house is meeting all setbacks from the property line the property is pretty vast property it's very highly wooded views from all adjacent northern view view from the front of the home from the north from the south east and west it's extremely screened as is with very minimal impact on neighbors and sightlines because what's the property what's four or five one one is that is that's a vacant lot nope there's a home on that lot okay yep and you can see based on this aerial shot the amount of woods and greenery that is their views would be extremely minimal and if they see the pool house it's going to fit the nature and character of the existing home brick pitched roof you might not even be able to tell it's there on the northern the northern edge and and we are sorry the image is loading how many feet from the property line that's what i'm checking right now but it's within the setbacks yes uh 93 feet six inches from the north i appreciate it yeah any other questions from the board so this is the public for comment want to comment a closed public hearing then bring it back for mr chair i'll make a motion okay with regard to the permission request for um hang on here with regard to the permission request for a pool house at 4525 chairing cross road i move that the request be approved and submitted based on the information presented the applicant did demonstrate compliance with section 42-7.6 standards because the use of the accessory structure is appropriate neighborhood and it makes very good sense that it's placed where it is additionally i also move that the dimensional variance request for a pool house exceeding the 14-foot height limit and

85. 1:45:00

    sorry the image is loading how many feet from the property line that's what i'm checking right now but it's within the setbacks yes uh 93 feet six inches from the north i appreciate it yeah any other questions from the board so this is the public for comment want to comment a closed public hearing then bring it back for mr chair i'll make a motion okay with regard to the permission request for um hang on here with regard to the permission request for a pool house at 4525 chairing cross road i move that the request be approved and submitted based on the information presented the applicant did demonstrate compliance with section 42-7.6 standards because the use of the accessory structure is appropriate neighborhood and it makes very good sense that it's placed where it is additionally i also move that the dimensional variance request for a pool house exceeding the 14-foot height limit and accessory space exceeding 50 percent of the ground floor area of the house by 640 feet i move that that variance be approved as requested based on the information presented the app did demonstrate all standards for practical difficulty because compliance with the strict letter of the ordinance would be unduly burdensome due to the fact that this pool house is reasonably sized and makes sense that the location is where it is. There's no injustice to the joining neighbors by reason that it is significantly off of the property lines and tucked behind the home. Unique circumstances with this property have been demonstrated that there is certainly enough room for it and that is not self-created. So if this motion is approved it must include application for all necessary permits to be made within one year and all permits must be obtained prior to construction. Additional evergreen plantings may be required to screen the pool house from public view and must meet or exceed the height of the structure at the time of planting and I'm also going to request a single family affidavit is required to be submitted to the township. Support. So I have a motion to support. Any discussion? All those in favor say aye. Aye. Any opposed? Congratulations. The request is granted here. So calling item 15-3570 Berkshire.

86. 1:46:15

    that the dimensional variance request for a pool house exceeding the 14-foot height limit and accessory space exceeding 50 percent of the ground floor area of the house by 640 feet i move that that variance be approved as requested based on the information presented the app did demonstrate all standards for practical difficulty because compliance with the strict letter of the ordinance would be unduly burdensome due to the fact that this pool house is reasonably sized and makes sense that the location is where it is. There's no injustice to the joining neighbors by reason that it is significantly off of the property lines and tucked behind the home. Unique circumstances with this property have been demonstrated that there is certainly enough room for it and that is not self-created. So if this motion is approved it must include application for all necessary permits to be made within one year and all permits must be obtained prior to construction. Additional evergreen plantings may be required to screen the pool house from public view and must meet or exceed the height of the structure at the time of planting and I'm also going to request a single family affidavit is required to be submitted to the township. Support. So I have a motion to support. Any discussion? All those in favor say aye. Aye. Any opposed? Congratulations. The request is granted here. So calling item 15-3570 Berkshire. Hi, Kim Viviano from 3570 Berkshire. I'm just here for a variance to put a fence in but I didn't realize that because I am on another two street. I'm on a corner. I would need I would need a variance. And you also own a dog. She's deceased. Oh. Your dog is deceased, so it's not a dog in team of offense. No, she's deceased. All right, any other questions? I do have a question. If it's not a dog enclosure, do we? You know, this has been back and forth with our ordinance division regarding the dog. In my understanding, this is the first I've heard. If that's what she's stating, I think our ordinance officers did observe a dog on the site? They did, and she recently was deceased in February when I did all this. And again, I appreciate your honesty. It's making sure that we follow the letter so it doesn't come back. Oh, no, absolutely. So is he intent to get another dog?

87. 1:47:30

    Congratulations. The request is granted here. So calling item 15-3570 Berkshire. Hi, Kim Viviano from 3570 Berkshire. I'm just here for a variance to put a fence in but I didn't realize that because I am on another two street. I'm on a corner. I would need I would need a variance. And you also own a dog. She's deceased. Oh. Your dog is deceased, so it's not a dog in team of offense. No, she's deceased. All right, any other questions? I do have a question. If it's not a dog enclosure, do we? You know, this has been back and forth with our ordinance division regarding the dog. In my understanding, this is the first I've heard. If that's what she's stating, I think our ordinance officers did observe a dog on the site? They did, and she recently was deceased in February when I did all this. And again, I appreciate your honesty. It's making sure that we follow the letter so it doesn't come back. Oh, no, absolutely. So is he intent to get another dog? Yes, I'll be honest with you. It is, but not right now. It's fresh. I guess, but I don't know. So if there's a stated intent, then I guess it's still a dog enclosure fence. Okay. Any other questions? I'll open this to the public. Anyone would like to comment on this? So you'll have to let him speak? I'm Mike Smith, and I look... you go to the microphone please can you go to the microphone please mike smith and i live at 3571 berkshire right across the street from her residence i am a member of the westchester village architectural control committee along with 12 other people we did not even realize that she wanted to put it in a fence until we got the communication

88. 1:48:45

    So is he intent to get another dog? Yes, I'll be honest with you. It is, but not right now. It's fresh. I guess, but I don't know. So if there's a stated intent, then I guess it's still a dog enclosure fence. Okay. Any other questions? I'll open this to the public. Anyone would like to comment on this? So you'll have to let him speak? I'm Mike Smith, and I look... you go to the microphone please can you go to the microphone please mike smith and i live at 3571 berkshire right across the street from her residence i am a member of the westchester village architectural control committee along with 12 other people we did not even realize that she wanted to put it in a fence until we got the communication from the township saying that this meeting must be held we had with that communication that letter there's the name was there but there was no phone number to contact her but the co-chairman of our architecture control committee has made several attempts to reach her by phone and email we did eventually get a phone number and so he has made several attempts to try and reach her by phone and email however everything for some reason she has never responded back to us he tried to explain to her that we needed this information so that we could review this project for her on

89. 1:50:00

    we did not even realize that she wanted to put it in a fence until we got the communication from the township saying that this meeting must be held we had with that communication that letter there's the name was there but there was no phone number to contact her but the co-chairman of our architecture control committee has made several attempts to reach her by phone and email we did eventually get a phone number and so he has made several attempts to try and reach her by phone and email however everything for some reason she has never responded back to us he tried to explain to her that we needed this information so that we could review this project for her on her behalf and even though we tried to tell her that we needed the information for that reason she never returned any communication to us I did eventually come up here to the township and went downstairs and looked at the application that she submitted and along with the site plan so I was able to myself to see it from downstairs but she never did make any attempt to reach us to tell us what her plan was or anything like that so that we can make a decision as a group so I don't know what to tell you you know as far as the homeowners association was concerned it's not that we were necessarily opposed to it but we just didn't know anything about it and weren't able to get any information from the client

90. 1:51:15

    that we needed this information so that we could review this project for her on her behalf and even though we tried to tell her that we needed the information for that reason she never returned any communication to us I did eventually come up here to the township and went downstairs and looked at the application that she submitted and along with the site plan so I was able to myself to see it from downstairs but she never did make any attempt to reach us to tell us what her plan was or anything like that so that we can make a decision as a group so I don't know what to tell you you know as far as the homeowners association was concerned it's not that we were necessarily opposed to it but we just didn't know anything about it and weren't able to get any information from the client even though we made, like I said, multiple attempts to reach her. I have never received a phone call. So hold on. So you could have a chance to respond. He talks to us, and then you talk to us. All right, so is that all you just want to let us know, is that the Homeowners Association hasn't reviewed it and really doesn't have a, they've made it, you know, there's no official position on it. Well, all I will say is that I did come up here, and my neighbor came up here and looked at the plans, and she wasn't able to come tonight because she has an ill husband. But I have been in communication with her. And the, also the chairman of the Architectural Control Committee, I've been in touch with. And we really don't have any objection, I must admit, to the plan.

91. 1:52:30

    even though we made, like I said, multiple attempts to reach her. I have never received a phone call. So hold on. So you could have a chance to respond. He talks to us, and then you talk to us. All right, so is that all you just want to let us know, is that the Homeowners Association hasn't reviewed it and really doesn't have a, they've made it, you know, there's no official position on it. Well, all I will say is that I did come up here, and my neighbor came up here and looked at the plans, and she wasn't able to come tonight because she has an ill husband. But I have been in communication with her. And the, also the chairman of the Architectural Control Committee, I've been in touch with. And we really don't have any objection, I must admit, to the plan. It's just that we never got anything from the homeowner about what she wanted to do. Okay, thank you for your feedback. Is there anyone else that would like to speak on this item? Is there anyone else that would like to listen? Okay, so we are going to spot this item down here. Thank you. My name is Matt Spar, and we're proposing to do defense for her, defense enterprises. Okay, well, she's spoken, so hold on, we have a public hearing that's still open. Does anyone else would like to speak on this? All right, so I'll close the public hearing, and then do you want to respond to the comments? Yes, I have never received a phone call. I have never received an email. I didn't even know there was an HOA board. I paid $100 that was sent to me to pay. I didn't know that something coexisted this way. I didn't even know there was a board, and I swear nobody has contacted me. Nobody's come to my door, nothing, and he lives right across the street from me. Okay, is there any screening?

92. 1:53:45

    And we really don't have any objection, I must admit, to the plan. It's just that we never got anything from the homeowner about what she wanted to do. Okay, thank you for your feedback. Is there anyone else that would like to speak on this item? Is there anyone else that would like to listen? Okay, so we are going to spot this item down here. Thank you. My name is Matt Spar, and we're proposing to do defense for her, defense enterprises. Okay, well, she's spoken, so hold on, we have a public hearing that's still open. Does anyone else would like to speak on this? All right, so I'll close the public hearing, and then do you want to respond to the comments? Yes, I have never received a phone call. I have never received an email. I didn't even know there was an HOA board. I paid $100 that was sent to me to pay. I didn't know that something coexisted this way. I didn't even know there was a board, and I swear nobody has contacted me. Nobody's come to my door, nothing, and he lives right across the street from me. Okay, is there any screening? I'm happy to put screening up. I'm happy to. I would love some privacy there. Go ahead. So a couple things I noticed is in your dog enclosure, you're actually not going all the way to the property lines in the southern portion of it. You're actually keeping it pretty minimal to that northwest corner. Yeah, I'm not trying to take a huge area. And then in this subdivision, there are some existing fences that do go to the property lines that are not necessarily screened. So other areas. West Chester's do have fences so again while she is putting some in her easterly side as well as her southern side it isn't going as far in the property lines as some of our requests have been which seems like she's taking to the minimalistic portion of the fence that she's asking for I would want obviously screening as much as we can on the areas that are not a lot of but based on that I think this is a reasonable plan based on the intent of a dog enclosure as well as it isn't going to every property line that she has right like she actually is trying to contain it less than some of our other neighbors sounds like we're ready for a motion if nobody else has any discussion

93. 1:55:00

    I'm happy to put screening up. I'm happy to. I would love some privacy there. Go ahead. So a couple things I noticed is in your dog enclosure, you're actually not going all the way to the property lines in the southern portion of it. You're actually keeping it pretty minimal to that northwest corner. Yeah, I'm not trying to take a huge area. And then in this subdivision, there are some existing fences that do go to the property lines that are not necessarily screened. So other areas. West Chester's do have fences so again while she is putting some in her easterly side as well as her southern side it isn't going as far in the property lines as some of our requests have been which seems like she's taking to the minimalistic portion of the fence that she's asking for I would want obviously screening as much as we can on the areas that are not a lot of but based on that I think this is a reasonable plan based on the intent of a dog enclosure as well as it isn't going to every property line that she has right like she actually is trying to contain it less than some of our other neighbors sounds like we're ready for a motion if nobody else has any discussion mr. chairman I'd like to make a motion in regards to the appeal at 3570 Berkshire Drive I'll go with the permission request I move the request be approved as amended based information presented the applicant did demonstrate compliance for section 42-76 standards because the use of this accessory structure is appropriate to the neighborhood as many other neighbors have a dog enclosure fence of four feet and lower and have it in their backyard secondly for the dimensional variance in regards to the same the appeal the same address I move the variance be approved as requested based information presented the applicant did demonstrate standards for all practical difficulty because compliance you strict letter of the ordinance to be unduly burdensome because there would be enough area to contain it and she has two frontages there is no justice to the adjoining neighbors by the reason of several neighbors especially the ones in the north already have a fence that she's just linking up to and then she's going to be screening it from the other neighbors to minimize an impact the unique circumstance of this property been demonstrated given the fact that again she um is a corner lot this is not self-created because again the lot is a corner lot the only conditions i'm going to have are that we are going to be screening the southern portion and the

94. 1:56:15

    neighbors sounds like we're ready for a motion if nobody else has any discussion mr. chairman I'd like to make a motion in regards to the appeal at 3570 Berkshire Drive I'll go with the permission request I move the request be approved as amended based information presented the applicant did demonstrate compliance for section 42-76 standards because the use of this accessory structure is appropriate to the neighborhood as many other neighbors have a dog enclosure fence of four feet and lower and have it in their backyard secondly for the dimensional variance in regards to the same the appeal the same address I move the variance be approved as requested based information presented the applicant did demonstrate standards for all practical difficulty because compliance you strict letter of the ordinance to be unduly burdensome because there would be enough area to contain it and she has two frontages there is no justice to the adjoining neighbors by the reason of several neighbors especially the ones in the north already have a fence that she's just linking up to and then she's going to be screening it from the other neighbors to minimize an impact the unique circumstance of this property been demonstrated given the fact that again she um is a corner lot this is not self-created because again the lot is a corner lot the only conditions i'm going to have are that we are going to be screening the southern portion and the eastern portion which i believe your screening plan had but we're going to do it except for that gate because i know we can't screen that gate but we're going to be screening at to the height of the straw um fence at time of planting and again fully screened so not like it's going to grow into it no so if this motion is approved all application for all necessary permits must be made within one year and all permits must be obtained prior to the installation and i talked about the additional everything screenings and the screenings i want sure support i have a motion and support any discussion all those in favor say aye aye aye any opposed congratulations thank you uh calling item um 15 35 16 two six eight eight uh indian mount hello board don't worry it's not another fence today My name is Jacob Mantua from Tri-Construction Landscaping, representing a very special client, Clint Mantua right here and his family. You've seen me here a couple of times, but as we make such a large investment into our home and community and neighborhood, we got to make sure we get it right. So today we're seeking permission and dimensional requests.

95. 1:57:30

    conditions i'm going to have are that we are going to be screening the southern portion and the eastern portion which i believe your screening plan had but we're going to do it except for that gate because i know we can't screen that gate but we're going to be screening at to the height of the straw um fence at time of planting and again fully screened so not like it's going to grow into it no so if this motion is approved all application for all necessary permits must be made within one year and all permits must be obtained prior to the installation and i talked about the additional everything screenings and the screenings i want sure support i have a motion and support any discussion all those in favor say aye aye aye any opposed congratulations thank you uh calling item um 15 35 16 two six eight eight uh indian mount hello board don't worry it's not another fence today My name is Jacob Mantua from Tri-Construction Landscaping, representing a very special client, Clint Mantua right here and his family. You've seen me here a couple of times, but as we make such a large investment into our home and community and neighborhood, we got to make sure we get it right. So today we're seeking permission and dimensional requests. The permission request is for a golf shed, golf simulator within the property lines. It's within both the rear and side yard setback. And then we have a dimensional request for a proposed addition on the west side. It's actually encroaching about two feet into that 16-yard side yard setback. The person who that's directly affecting, our west side neighbor, we have a letter from them in full support. And they like what we're doing, they've seen our renderings, they've seen how we're going to soften it with our landscape plan. It's really going to go inside of the neighborhood, clad in the same material the house is cladded in, same roof. It will look very well and like it was meant to be there and not something after the fact. And then we have this lovely, what they call a golf shed, we had another shed today. And I think that's about 12 foot high. It says 24 foot, that just has an extended patio. It's really 12 by 20, but that patio comes there. You buy it as a unit like that. It is not a controlled environment, it's not going to have a unit outside. I know there was some confusion about that. And we.

96. 1:58:45

    So today we're seeking permission and dimensional requests. The permission request is for a golf shed, golf simulator within the property lines. It's within both the rear and side yard setback. And then we have a dimensional request for a proposed addition on the west side. It's actually encroaching about two feet into that 16-yard side yard setback. The person who that's directly affecting, our west side neighbor, we have a letter from them in full support. And they like what we're doing, they've seen our renderings, they've seen how we're going to soften it with our landscape plan. It's really going to go inside of the neighborhood, clad in the same material the house is cladded in, same roof. It will look very well and like it was meant to be there and not something after the fact. And then we have this lovely, what they call a golf shed, we had another shed today. And I think that's about 12 foot high. It says 24 foot, that just has an extended patio. It's really 12 by 20, but that patio comes there. You buy it as a unit like that. It is not a controlled environment, it's not going to have a unit outside. I know there was some confusion about that. And we. We've spoken to the HOA about both of them at length. I've talked to Cathy, the president of the village, she was okay with everything. And if you zoom into that, Tom, and you see the front of where that golf simulator is. So that faces our pool, and the only lights or good windows come from the front, and we are conscientious of the neighbors. When we were doing this addition on the side yard, we actually decided, hey, let's spend the extra money, let's enclose our pool equipment. So it's not seen by anyone, heard by anyone. It's gonna be fully sprayed, insulated, with cellulose too. So the noise is gonna be stopped there. And I'm sure this will make Chris happy, the entire property line, all sides of the rear yard will be screened with evergreen plants. They'll be taller than all structures at time of planting, and they will be touching each other at time of planting to form a wall. You will not be able to see anything inside of our property. And so is that picture in the lower right then incorrect then? Cuz it looks like the plantings stopped. Yeah, that was just a screenshot of the golf simulator. Yeah, that is incorrect. I actually currently have a permit open for the pool and a sport court which we got in 2025. And that sport court will be in lieu of this golf simulator.

97. 2:00:00

    We've spoken to the HOA about both of them at length. I've talked to Cathy, the president of the village, she was okay with everything. And if you zoom into that, Tom, and you see the front of where that golf simulator is. So that faces our pool, and the only lights or good windows come from the front, and we are conscientious of the neighbors. When we were doing this addition on the side yard, we actually decided, hey, let's spend the extra money, let's enclose our pool equipment. So it's not seen by anyone, heard by anyone. It's gonna be fully sprayed, insulated, with cellulose too. So the noise is gonna be stopped there. And I'm sure this will make Chris happy, the entire property line, all sides of the rear yard will be screened with evergreen plants. They'll be taller than all structures at time of planting, and they will be touching each other at time of planting to form a wall. You will not be able to see anything inside of our property. And so is that picture in the lower right then incorrect then? Cuz it looks like the plantings stopped. Yeah, that was just a screenshot of the golf simulator. Yeah, that is incorrect. I actually currently have a permit open for the pool and a sport court which we got in 2025. And that sport court will be in lieu of this golf simulator. It's bigger than that golf simulator. That golf simulator is gonna take the spot of that sport court. So we're axing that, we're gonna put this golf simulator in. Go with that moratory, we're good. And yeah. So every inch is going to be screened. I'd just like to pay a statement, this isn't part of the village. This is a section that's close to it, but it's not part of the village, we would have had some sort of review. Yeah, I'm sorry, I misspoke, HOA president. I don't think there is an HOA there. Red Oaks of Bloomfield. Is there an HOA? Okay. So it looked like- No HOA on file. Okay, Kathy's part of that. I just spoke to Kathy for about an hour, I told her my old plan. But she doesn't govern that. Yeah, maybe I didn't have to, there is no HOA. It's not part of the village, so- My apologies. She's okay with that. She liked it, she's like, man, I think that was interesting, even though she had no official opinion. Yeah, I didn't know that at the time. And the picture, does the golf simulator have lights in it? Yes sir, it does. So does that mean there'd be hitting during dark? So you wanna practice during the winter? Yeah, yeah, it does. Probably not during the winter, as we don't have a heat environment, we're gonna shut it

98. 2:01:15

    And that sport court will be in lieu of this golf simulator. It's bigger than that golf simulator. That golf simulator is gonna take the spot of that sport court. So we're axing that, we're gonna put this golf simulator in. Go with that moratory, we're good. And yeah. So every inch is going to be screened. I'd just like to pay a statement, this isn't part of the village. This is a section that's close to it, but it's not part of the village, we would have had some sort of review. Yeah, I'm sorry, I misspoke, HOA president. I don't think there is an HOA there. Red Oaks of Bloomfield. Is there an HOA? Okay. So it looked like- No HOA on file. Okay, Kathy's part of that. I just spoke to Kathy for about an hour, I told her my old plan. But she doesn't govern that. Yeah, maybe I didn't have to, there is no HOA. It's not part of the village, so- My apologies. She's okay with that. She liked it, she's like, man, I think that was interesting, even though she had no official opinion. Yeah, I didn't know that at the time. And the picture, does the golf simulator have lights in it? Yes sir, it does. So does that mean there'd be hitting during dark? So you wanna practice during the winter? Yeah, yeah, it does. Probably not during the winter, as we don't have a heat environment, we're gonna shut it off and winterize it. And if you see that front where the lights are, faces our pool. It's not facing any of those neighbors where it is closest to. So another question. Is a golf simulator like a hockey rink and a basketball court where you would not allow it to be used after dark? I think that would be a condition that the board would wanna consider. This is a unique, to say it's treated the same as other, yeah. Our first simulator, our first golf simulator. They were hesitancy for T хозяeans or finds theуск. He has olmak teems that are mu'll shareholders for his face. I'mんなopp fart which is an aggressive pilot. i guess uh i would defer to the board in regards to that after maybe hearing public comment um and then also if the applicant wants to address the lighting as it relates to the landscape plan um that might be another we would be happy to turn those soffit lights off outside after dark that would be deemed appropriate by the board but the other thing is the the image on the screen itself would be quite bright during it's facing though right yeah it's facing and we did that purposefully okay and it's going to be blocked by 12 foot evergreen trees like literally the entire property line all right so i guess it's screened from public view so the only question is the sound is it is it an insulated box it's enclosed you're going to have much less sound off this than

99. 2:02:30

    Probably not during the winter, as we don't have a heat environment, we're gonna shut it off and winterize it. And if you see that front where the lights are, faces our pool. It's not facing any of those neighbors where it is closest to. So another question. Is a golf simulator like a hockey rink and a basketball court where you would not allow it to be used after dark? I think that would be a condition that the board would wanna consider. This is a unique, to say it's treated the same as other, yeah. Our first simulator, our first golf simulator. They were hesitancy for T хозяeans or finds theуск. He has olmak teems that are mu'll shareholders for his face. I'mんなopp fart which is an aggressive pilot. i guess uh i would defer to the board in regards to that after maybe hearing public comment um and then also if the applicant wants to address the lighting as it relates to the landscape plan um that might be another we would be happy to turn those soffit lights off outside after dark that would be deemed appropriate by the board but the other thing is the the image on the screen itself would be quite bright during it's facing though right yeah it's facing and we did that purposefully okay and it's going to be blocked by 12 foot evergreen trees like literally the entire property line all right so i guess it's screened from public view so the only question is the sound is it is it an insulated box it's enclosed you're going to have much less sound off this than something like a traditional sport court is it is fully enclosed so so sometimes when you order some of these they have an insulation factor to help mitigate some of that noise they do that sound yeah is this an insulated box it is and actually you can like custom build them and they're really cool i i think the company told me some other people were like looking at it in bloomfield maybe they were talking about hills but maybe costco oh maybe costco yeah yeah you can you can insulate them you can build them with a little putting green inside it's really cool ours is a little more basic but we can absolutely insulate for sound and like i said if it pleases the board we can turn off those lights at night on the outside so i just have one more question you're drawing here 12 feet at the lowest pitch what is the height because if it's a shed roof it's it's a flat flat roof it looks like it okay it looks like a shed roof to me so that's why I was trying to figure out so according to your construction it is not going to exceed 12 feet correct okay so how are we at there any other questions for the board yes okay yeah so okay great questions sorry

100. 2:03:45

     is it is it an insulated box it's enclosed you're going to have much less sound off this than something like a traditional sport court is it is fully enclosed so so sometimes when you order some of these they have an insulation factor to help mitigate some of that noise they do that sound yeah is this an insulated box it is and actually you can like custom build them and they're really cool i i think the company told me some other people were like looking at it in bloomfield maybe they were talking about hills but maybe costco oh maybe costco yeah yeah you can you can insulate them you can build them with a little putting green inside it's really cool ours is a little more basic but we can absolutely insulate for sound and like i said if it pleases the board we can turn off those lights at night on the outside so i just have one more question you're drawing here 12 feet at the lowest pitch what is the height because if it's a shed roof it's it's a flat flat roof it looks like it okay it looks like a shed roof to me so that's why I was trying to figure out so according to your construction it is not going to exceed 12 feet correct okay so how are we at there any other questions for the board yes okay yeah so okay great questions sorry thank you what what is the addition the addition is ruled in one building and attached both from the outside and the inside so it's gonna be a bathroom and laundry and then in the back of it is going to be housing all the pool equipment um Tom do you have to oh oh one more I'm sorry no no you were right yeah it's right there on the side oh no if you see that like west elevation and the brick and then that's the front of it that front of it is the door to our bathroom and that's the only door you're going to access from outside it's directly parallel with our pool in front of our pool so it's not facing the side yard neighbor the only door that would be on the side yard would actually be completely in the rear you of this and is also going to be blocked by trees that's just for the people who are going to do the pool equipment maintenance to be able to like walk outside make it easier for them to maintain that and then from the inside of that area which is almost like a cabana house you're going to be able to

101. 2:05:00

     any other questions for the board yes okay yeah so okay great questions sorry thank you what what is the addition the addition is ruled in one building and attached both from the outside and the inside so it's gonna be a bathroom and laundry and then in the back of it is going to be housing all the pool equipment um Tom do you have to oh oh one more I'm sorry no no you were right yeah it's right there on the side oh no if you see that like west elevation and the brick and then that's the front of it that front of it is the door to our bathroom and that's the only door you're going to access from outside it's directly parallel with our pool in front of our pool so it's not facing the side yard neighbor the only door that would be on the side yard would actually be completely in the rear you of this and is also going to be blocked by trees that's just for the people who are going to do the pool equipment maintenance to be able to like walk outside make it easier for them to maintain that and then from the inside of that area which is almost like a cabana house you're going to be able to access it the bathroom from inside the laundry from inside so you're not walking around we're actually going to have all evergreens and then annual flowers up to that building you're really not going to see it I need a little bit of help what is the practical difficulty that you need the two feet well the practical difficulty one we need to fit that pool equipment comfortably in order to like work on it and maintain it we are going to put that pool equipment inside there now to be conscientious to our neighbors and to improve the longevity of it my homeowner bought the house he didn't build it there's an existing bump out that bumps into the side yard setback I believe about like two and a half feet right now we're coming up to that and we're actually a little shy of it and it just it's it's close to the property line it's it is a nice sized house it's close to the property line we couldn't fit what the structure was intended to be without that two feet that's why we're only going to and I think it's like one foot ten so the bump are you're talking about is it a foundational bump out or is it a candy lever bump out like it's a foundational bump out to chimney so there already is it well trim these count as part of our setbacks they would so you already have a two

102. 2:06:15

     of that area which is almost like a cabana house you're going to be able to access it the bathroom from inside the laundry from inside so you're not walking around we're actually going to have all evergreens and then annual flowers up to that building you're really not going to see it I need a little bit of help what is the practical difficulty that you need the two feet well the practical difficulty one we need to fit that pool equipment comfortably in order to like work on it and maintain it we are going to put that pool equipment inside there now to be conscientious to our neighbors and to improve the longevity of it my homeowner bought the house he didn't build it there's an existing bump out that bumps into the side yard setback I believe about like two and a half feet right now we're coming up to that and we're actually a little shy of it and it just it's it's close to the property line it's it is a nice sized house it's close to the property line we couldn't fit what the structure was intended to be without that two feet that's why we're only going to and I think it's like one foot ten so the bump are you're talking about is it a foundational bump out or is it a candy lever bump out like it's a foundational bump out to chimney so there already is it well trim these count as part of our setbacks they would so you already have a two encroachment yeah we didn't build that or do anything but you already have a two-foot encroachment you're just matching that with the rest of the correct correct thank you I guess the chimney has a footing so it would be considered oh yeah I've just I've seen some where we can't lever them out because we have to yeah yeah right so true as we we try to sometimes engineer around some of these plans right that's why I was asking absolutely yeah I thought I submitted this you don't have my renderings for all this to show like all the beautiful yeah I really have nice soft skin when you guys showed that like top part I didn't see that at all yeah so I did so I'm glad we were talking about the addition so thank you John yeah for bringing that up because I didn't see that as part of the application I know it said it there wasn't very I didn't have as much information associated with that any other questions that is on our pool plan and if you zoom into that Tom yeah and I'm

103. 2:07:30

     encroachment yeah we didn't build that or do anything but you already have a two-foot encroachment you're just matching that with the rest of the correct correct thank you I guess the chimney has a footing so it would be considered oh yeah I've just I've seen some where we can't lever them out because we have to yeah yeah right so true as we we try to sometimes engineer around some of these plans right that's why I was asking absolutely yeah I thought I submitted this you don't have my renderings for all this to show like all the beautiful yeah I really have nice soft skin when you guys showed that like top part I didn't see that at all yeah so I did so I'm glad we were talking about the addition so thank you John yeah for bringing that up because I didn't see that as part of the application I know it said it there wasn't very I didn't have as much information associated with that any other questions that is on our pool plan and if you zoom into that Tom yeah and I'm gonna take that sport court out because it's in the same location we're gonna access that and we're gonna put that golf simulator instead it's a bit smaller as well so are the locations the same as it would be yeah yeah essentially that sport quote was in that corner it's just the footprint is smaller now how big was the sports part 20 by 20 so it wasn't a smaller sportswear as well it was yeah we can't accommodate without trying to pass a setback we don't want to do that again you had me at the getting rid of the sports court I appreciate you guys throwing that out there so mm-hmm and if Andrea if you see those two fire pillars at the spa right there oh yeah on the side and that spa was also raised above great a little bit to accommodate the grade of the cabana so it's level with a greater the canna so it was above our nine-inch threshold we had to get a permission variance for that as part of your screening plan are you gonna be because I see that ever grains along the northern side is there it's to be honest that's deceiving literally from you see those steppers on the side right there yeah coming up the left side all the way that side all the way the rear yard coming back all the way down past the driveway we're gonna do evergreen screening and what height 12 foot high

104. 2:08:45

     other questions that is on our pool plan and if you zoom into that Tom yeah and I'm gonna take that sport court out because it's in the same location we're gonna access that and we're gonna put that golf simulator instead it's a bit smaller as well so are the locations the same as it would be yeah yeah essentially that sport quote was in that corner it's just the footprint is smaller now how big was the sports part 20 by 20 so it wasn't a smaller sportswear as well it was yeah we can't accommodate without trying to pass a setback we don't want to do that again you had me at the getting rid of the sports court I appreciate you guys throwing that out there so mm-hmm and if Andrea if you see those two fire pillars at the spa right there oh yeah on the side and that spa was also raised above great a little bit to accommodate the grade of the cabana so it's level with a greater the canna so it was above our nine-inch threshold we had to get a permission variance for that as part of your screening plan are you gonna be because I see that ever grains along the northern side is there it's to be honest that's deceiving literally from you see those steppers on the side right there yeah coming up the left side all the way that side all the way the rear yard coming back all the way down past the driveway we're gonna do evergreen screening and what height 12 foot high they're all gonna be 12 feet correct the other questions they're gonna touch to when we plant them make a nice nice nice hatch so so I think we could give you the third place award for eliminating a sports court so let's open public hearing anybody like to speak on this Good evening, my name is Nanette Wader and my husband, Mark Dedabo, we are adjacent to the Mansour property and so for the past 25 years we have lived there. We're here tonight because the appeal will have a direct and lasting impact on our home, our property, and our neighborhood. I don't mean to cut you off. We request that the board. Ma'am, what's your address? Oh, I'm sorry, 2662 Indian Mountain South. Okay, thank you. That way I can see what House referred to. Yup, no worries. Thank you, dear. We request that the board deny approval of both the home expansion and the golf simulator. These variances are self-created. The applicant acknowledges that the existing residence is overbuilt and a portion of the structure currently encroaches into the required side yard setback.

105. 2:10:00

     driveway we're gonna do evergreen screening and what height 12 foot high they're all gonna be 12 feet correct the other questions they're gonna touch to when we plant them make a nice nice nice hatch so so I think we could give you the third place award for eliminating a sports court so let's open public hearing anybody like to speak on this Good evening, my name is Nanette Wader and my husband, Mark Dedabo, we are adjacent to the Mansour property and so for the past 25 years we have lived there. We're here tonight because the appeal will have a direct and lasting impact on our home, our property, and our neighborhood. I don't mean to cut you off. We request that the board. Ma'am, what's your address? Oh, I'm sorry, 2662 Indian Mountain South. Okay, thank you. That way I can see what House referred to. Yup, no worries. Thank you, dear. We request that the board deny approval of both the home expansion and the golf simulator. These variances are self-created. The applicant acknowledges that the existing residence is overbuilt and a portion of the structure currently encroaches into the required side yard setback. Variances should be infrequent, granted to address practical difficulties or unique hardships, not conditions created by prior overbuilding or design choices. This request intensifies an already non-conforming condition. The golf simulator should at a minimum be tabled until the township's one-year moratorium on sport court approvals is resolved. A simulator raises identical concerns the township is studying. Noise, lighting, drainage, impervious surface coverage, and neighborhood character. The simulator will be heated and cooled, resulting in noise and light. The You year-round golf ball strikes on the club or in the front wall occupants mechanical equipment light from the three large glass walls exterior lighting will inversely impact neighbors the scale and intensity of the proposed and previously approved structures are not consistent with our residential neighborhood character collectively the pool the spa swing and waterfall structure fire pillars fence golf simulator home expansion garden wall

106. 2:11:15

     The applicant acknowledges that the existing residence is overbuilt and a portion of the structure currently encroaches into the required side yard setback. Variances should be infrequent, granted to address practical difficulties or unique hardships, not conditions created by prior overbuilding or design choices. This request intensifies an already non-conforming condition. The golf simulator should at a minimum be tabled until the township's one-year moratorium on sport court approvals is resolved. A simulator raises identical concerns the township is studying. Noise, lighting, drainage, impervious surface coverage, and neighborhood character. The simulator will be heated and cooled, resulting in noise and light. The You year-round golf ball strikes on the club or in the front wall occupants mechanical equipment light from the three large glass walls exterior lighting will inversely impact neighbors the scale and intensity of the proposed and previously approved structures are not consistent with our residential neighborhood character collectively the pool the spa swing and waterfall structure fire pillars fence golf simulator home expansion garden wall create a property that resembles a commercial style recreation compound rather than a residential yard drainage and stormwater runoff are concerning the extensive landscape impermeable surfaces are issues for neighboring houses at lower elevations screening in a garden wall between our shared property line and the driveway is not achievable given limited space it's about 24 inches and there are material inconsistencies and omissions for example the golf simulator public notice references a 24 by 16 foot structure but the plan site plan depicts one that is 20 by 12 so is it 384 square feet or is it 240 square feet the simulator requires a 25 by 17 foot foundation and mechanicals both are not disclosed despite increasing the overall footprint site coverage and setback encroachment and the proposed garden wall and pool mechanic EQUIPMENT LACK DETAIL. THE PEEL MATERIALS DO NOT PROVIDE AN APPARENT DEPICTION OF THE FINAL PROJECT, THE SETBACKS OR THE PROPERTY IMPACT. WE SELECTED THIS NEIGHBORHOOD BECAUSE OF ITS RESIDENTIAL CHARACTER, ITS OPEN SPACE AND COMPATIBILITY BETWEEN HOMES. WE BELIEVE THE ELEMENTS PREVIOUSLY APPROVED AND TONIGHT'S REQUEST EXCEEDS WHAT IS APPROPRIATE FOR A RESIDENTIAL PROPERTY IN OUR NEIGHBORHOOD. ENOUGH HAS ALREADY BEEN APPROVED.

107. 2:12:30

     structure fire pillars fence golf simulator home expansion garden wall create a property that resembles a commercial style recreation compound rather than a residential yard drainage and stormwater runoff are concerning the extensive landscape impermeable surfaces are issues for neighboring houses at lower elevations screening in a garden wall between our shared property line and the driveway is not achievable given limited space it's about 24 inches and there are material inconsistencies and omissions for example the golf simulator public notice references a 24 by 16 foot structure but the plan site plan depicts one that is 20 by 12 so is it 384 square feet or is it 240 square feet the simulator requires a 25 by 17 foot foundation and mechanicals both are not disclosed despite increasing the overall footprint site coverage and setback encroachment and the proposed garden wall and pool mechanic EQUIPMENT LACK DETAIL. THE PEEL MATERIALS DO NOT PROVIDE AN APPARENT DEPICTION OF THE FINAL PROJECT, THE SETBACKS OR THE PROPERTY IMPACT. WE SELECTED THIS NEIGHBORHOOD BECAUSE OF ITS RESIDENTIAL CHARACTER, ITS OPEN SPACE AND COMPATIBILITY BETWEEN HOMES. WE BELIEVE THE ELEMENTS PREVIOUSLY APPROVED AND TONIGHT'S REQUEST EXCEEDS WHAT IS APPROPRIATE FOR A RESIDENTIAL PROPERTY IN OUR NEIGHBORHOOD. ENOUGH HAS ALREADY BEEN APPROVED. INCREMENTAL ENCROACHMENTS AND EXPANSIONS SHOULD END. WE ASKED THE BOARD TO DRAW A CLEAR LINE, PROTECT OUR NEIGHBORHOOD CHARACTER AND DENY BOTH REQUESTS. THANK YOU. THANK YOU. IF I COULD ADD ONE THING. SO YOUR NAME. MARK DEDAIL. ON THE RIGHT SIDE YOU'LL SEE THAT THE DRIVEWAY GOES RIGHT PROBABLY A FOOT AND A HALF TO OUR LOT LINE. I DON'T UNDERSTAND HOW WE'RE GOING TO HAVE 12 FOOT HIGH Um. MARK BOLK AGE AND ALL THAT RIGHT IN MALL THERE. I THINK IN FOOT OR FIVE FOOT WIDE IT. ROUGHLY. I have a picture of the driveway and this was taken last summer prior to all the trees being taken down on the property.

108. 2:13:45

     EQUIPMENT LACK DETAIL. THE PEEL MATERIALS DO NOT PROVIDE AN APPARENT DEPICTION OF THE FINAL PROJECT, THE SETBACKS OR THE PROPERTY IMPACT. WE SELECTED THIS NEIGHBORHOOD BECAUSE OF ITS RESIDENTIAL CHARACTER, ITS OPEN SPACE AND COMPATIBILITY BETWEEN HOMES. WE BELIEVE THE ELEMENTS PREVIOUSLY APPROVED AND TONIGHT'S REQUEST EXCEEDS WHAT IS APPROPRIATE FOR A RESIDENTIAL PROPERTY IN OUR NEIGHBORHOOD. ENOUGH HAS ALREADY BEEN APPROVED. INCREMENTAL ENCROACHMENTS AND EXPANSIONS SHOULD END. WE ASKED THE BOARD TO DRAW A CLEAR LINE, PROTECT OUR NEIGHBORHOOD CHARACTER AND DENY BOTH REQUESTS. THANK YOU. THANK YOU. IF I COULD ADD ONE THING. SO YOUR NAME. MARK DEDAIL. ON THE RIGHT SIDE YOU'LL SEE THAT THE DRIVEWAY GOES RIGHT PROBABLY A FOOT AND A HALF TO OUR LOT LINE. I DON'T UNDERSTAND HOW WE'RE GOING TO HAVE 12 FOOT HIGH Um. MARK BOLK AGE AND ALL THAT RIGHT IN MALL THERE. I THINK IN FOOT OR FIVE FOOT WIDE IT. ROUGHLY. I have a picture of the driveway and this was taken last summer prior to all the trees being taken down on the property. There's no way this can be proved in the college. So typically, yeah, we can't. That's hearsay, so you can't have you speak on behalf of somebody else. So we're not giving that away. Anything else for us? Nope. Is there anyone else who'd like to speak on this? Did you want to speak?

109. 2:15:00

     There's no way this can be proved in the college. So typically, yeah, we can't. That's hearsay, so you can't have you speak on behalf of somebody else. So we're not giving that away. Anything else for us? Nope. Is there anyone else who'd like to speak on this? Did you want to speak? My name is Randolph Schein. I live at 2709 South Indian Mound Road. I'm across the street and one property to the west. I'm across the street. I am concerned about the proposed golf simulator, whether that will create a noise nuisance. I am more concerned with those elements that are closer to my own property, which is the proposed alteration of the structure and the proposed addition that will – the proposed addition is approximately an extension 12 feet towards the side property line. I can't quite tell from the site plan that was given, but it looks like it's going to bring it maybe 9 or 10 feet closer to the property line. If that is going to house pool equipment, I'm wondering whether that will totally be enclosed and what the noise impact will be.

110. 2:16:15

     My name is Randolph Schein. I live at 2709 South Indian Mound Road. I'm across the street and one property to the west. I'm across the street. I am concerned about the proposed golf simulator, whether that will create a noise nuisance. I am more concerned with those elements that are closer to my own property, which is the proposed alteration of the structure and the proposed addition that will – the proposed addition is approximately an extension 12 feet towards the side property line. I can't quite tell from the site plan that was given, but it looks like it's going to bring it maybe 9 or 10 feet closer to the property line. If that is going to house pool equipment, I'm wondering whether that will totally be enclosed and what the noise impact will be. Also, that will not only bring the entire house closer to the west property line, but because there was nothing in that side yard previously, it will actually bring the structure closer to the street and closer to my property line. I don't think there is any hardship posed. by anything other than items of the property owner's own creation that would necessitate these variances. I'm also wondering why a pool was proposed when he did not plan to have the pool equipment outside in the pool, but now wants to put that in an addition closer to my property. That's my only comment. Hold on. Is there anyone else who would like to speak on this item?

111. 2:17:30

     If that is going to house pool equipment, I'm wondering whether that will totally be enclosed and what the noise impact will be. Also, that will not only bring the entire house closer to the west property line, but because there was nothing in that side yard previously, it will actually bring the structure closer to the street and closer to my property line. I don't think there is any hardship posed. by anything other than items of the property owner's own creation that would necessitate these variances. I'm also wondering why a pool was proposed when he did not plan to have the pool equipment outside in the pool, but now wants to put that in an addition closer to my property. That's my only comment. Hold on. Is there anyone else who would like to speak on this item? My name is Dan Sullivan. I live at 2780 South Indian Mound. I have no issue with the variance for the pool equipment because I think he's going to screen that area. My concern is the northwest corner, there's a drainage issue, and from what I read about in the plan is all of the water will drain to that area. Currently, there's construction going on right now, so it's not a big issue, but right now the backyard of my property, which neighbors his west side fence line, has started to kind of flood a little bit. I think it's just a matter of they need to get rid of the water, so they're just running a hose. Maybe it's a busted sprinkler line, but the plan... does show kind of a sump pit in the northwest corner which is basically our I shouldn't say our only area to play in but it's a good area for my kids to plan so thank you what was your address again 2780 South Indian Mount so you're in the north so your your house is to the northwest of his right yes I can't I can't but my eyes aren't as good to try to look at the perfect thank you is

112. 2:18:45

     My name is Dan Sullivan. I live at 2780 South Indian Mound. I have no issue with the variance for the pool equipment because I think he's going to screen that area. My concern is the northwest corner, there's a drainage issue, and from what I read about in the plan is all of the water will drain to that area. Currently, there's construction going on right now, so it's not a big issue, but right now the backyard of my property, which neighbors his west side fence line, has started to kind of flood a little bit. I think it's just a matter of they need to get rid of the water, so they're just running a hose. Maybe it's a busted sprinkler line, but the plan... does show kind of a sump pit in the northwest corner which is basically our I shouldn't say our only area to play in but it's a good area for my kids to plan so thank you what was your address again 2780 South Indian Mount so you're in the north so your your house is to the northwest of his right yes I can't I can't but my eyes aren't as good to try to look at the perfect thank you is anyone else would like to speak on this side so close the public hearing and let the applicant respond just don't mind Tom I asked him if you could pull up a rendering to see our final product and to the gentleman concerned with drainage I do have an approved like drainage plan I remember specifically going back in the comments with Bob from township and that was addressed and to our lovely neighbors concern and her items you know I know she brought her notes and just a lot of those are incorrect you know the footing for the structure will be 12 by 20 the structure will not be and cool and to my gentleman here there's going to be pool equipment and it was going to be on that same side yard and i think it would be to his benefit that it's now enclosed in a structure this permission i don't agree should be treated like a sport court as anything it should be

113. 2:20:00

     can't but my eyes aren't as good to try to look at the perfect thank you is anyone else would like to speak on this side so close the public hearing and let the applicant respond just don't mind Tom I asked him if you could pull up a rendering to see our final product and to the gentleman concerned with drainage I do have an approved like drainage plan I remember specifically going back in the comments with Bob from township and that was addressed and to our lovely neighbors concern and her items you know I know she brought her notes and just a lot of those are incorrect you know the footing for the structure will be 12 by 20 the structure will not be and cool and to my gentleman here there's going to be pool equipment and it was going to be on that same side yard and i think it would be to his benefit that it's now enclosed in a structure this permission i don't agree should be treated like a sport court as anything it should be treated like a pergola and it was sitting within my side yard setback and within my rear yard setback we've kindly offered to turn off the lights as i said when i was first up here and if you're kind of seeing tom go through this there's just every inch of the property line rear and both sides is going to be screened no one's really going to see anything and if that's tom stay right there on that right corner we're going to do a double evergreen with annuals blocking that whole addition so you're not going to see that there's our lovely golf simulator over here again you're not going to see it so you know i i do understand the concerns and i would love to work with them and accommodate them i'm taking out that sport court we are decreasing the footprint i do have an approved plan to do this and you know i'm beholden to the board i can't be beholden to uh clerical mistakes saying i actually brought up clerical mistakes it's i can't control every aspect like that but you know i can show you we're going to build this and do it the right way and we're going to follow proper protocol and i believe we are doing so today showing up here you

114. 2:21:15

     this permission i don't agree should be treated like a sport court as anything it should be treated like a pergola and it was sitting within my side yard setback and within my rear yard setback we've kindly offered to turn off the lights as i said when i was first up here and if you're kind of seeing tom go through this there's just every inch of the property line rear and both sides is going to be screened no one's really going to see anything and if that's tom stay right there on that right corner we're going to do a double evergreen with annuals blocking that whole addition so you're not going to see that there's our lovely golf simulator over here again you're not going to see it so you know i i do understand the concerns and i would love to work with them and accommodate them i'm taking out that sport court we are decreasing the footprint i do have an approved plan to do this and you know i'm beholden to the board i can't be beholden to uh clerical mistakes saying i actually brought up clerical mistakes it's i can't control every aspect like that but you know i can show you we're going to build this and do it the right way and we're going to follow proper protocol and i believe we are doing so today showing up here you offering all the right things and you know people are saying that we're creating this problem of the house and we're not you know there's really nowhere else to put it we can't put it in our rear side yard we're not going to detach a structure for this bathroom laundry and I think it's to their benefit that they're not going to see any of that and it's all going to be screened from not only a building and evergreen screening so is there any picture that shows the the full screening plan because we had that one issue if you just go to the top Tom like toward that let's go toward no one more I'm sorry I'm sorry one more down that way my bad real quick let's look at that if you guys just if I may 25 years all the way to the driveway all the way down all the way across all the way all the way here like this is going to be double screened you're not going to see any of that and then various we're really investing in screening but on so what about the point where it said there's no room there you know I

115. 2:22:30

     offering all the right things and you know people are saying that we're creating this problem of the house and we're not you know there's really nowhere else to put it we can't put it in our rear side yard we're not going to detach a structure for this bathroom laundry and I think it's to their benefit that they're not going to see any of that and it's all going to be screened from not only a building and evergreen screening so is there any picture that shows the the full screening plan because we had that one issue if you just go to the top Tom like toward that let's go toward no one more I'm sorry I'm sorry one more down that way my bad real quick let's look at that if you guys just if I may 25 years all the way to the driveway all the way down all the way across all the way all the way here like this is going to be double screened you're not going to see any of that and then various we're really investing in screening but on so what about the point where it said there's no room there you know I can't that's just a rendering cutting off it's following that line that line goes all the way to connect to each other so so there is room to have plantings I don't know what is it is that the west is that north at the top absolutely there in the west plantings absolutely how much room is there on that at least four to six feet there's going to be room there yeah and how tall are the plantings 12 foot tall mr. chairman is the pool equipment in that view there's that pool equipment in the proposed edition and the pump that's like how many feet it's chairman if I may a couple questions sure so it appears the house is already non-conforming based on the plot plan he's shown so he's already on his eastern neighbor the one that spoke that has been there for 25 years he's technically already

116. 2:23:45

     but on so what about the point where it said there's no room there you know I can't that's just a rendering cutting off it's following that line that line goes all the way to connect to each other so so there is room to have plantings I don't know what is it is that the west is that north at the top absolutely there in the west plantings absolutely how much room is there on that at least four to six feet there's going to be room there yeah and how tall are the plantings 12 foot tall mr. chairman is the pool equipment in that view there's that pool equipment in the proposed edition and the pump that's like how many feet it's chairman if I may a couple questions sure so it appears the house is already non-conforming based on the plot plan he's shown so he's already on his eastern neighbor the one that spoke that has been there for 25 years he's technically already non-conforming at 1411 so and then on his western side that bump out is already non-conforming so like he already has a couple that are already in there that were done before he does anything to this home you're saying they're already in the setback they're already in the setback yeah before additions before anything house is built that way yes so those things and then to the neighbor that talks about specifically the noise and light pollution and some of those things and sound pollution associated with the golf simulator whether there's more term or not he was approved and has permits pulled for a sports court so I guess I would say to the board what is less than impactful if we hypothetically deny that he is in his right to put a sports court in his backyard and utilize it during daytime hours regardless the neighbors like or not and we could ask the neighbors to like you know I'm sure they would prefer that shed rather than a sport court right this is part of that whole yeah I don't forget that stupid dialogue I was trying to have it up here I'm sorry I'm sorry so that is again so I appreciate what the neighbors are

117. 2:25:00

     eastern neighbor the one that spoke that has been there for 25 years he's technically already non-conforming at 1411 so and then on his western side that bump out is already non-conforming so like he already has a couple that are already in there that were done before he does anything to this home you're saying they're already in the setback they're already in the setback yeah before additions before anything house is built that way yes so those things and then to the neighbor that talks about specifically the noise and light pollution and some of those things and sound pollution associated with the golf simulator whether there's more term or not he was approved and has permits pulled for a sports court so I guess I would say to the board what is less than impactful if we hypothetically deny that he is in his right to put a sports court in his backyard and utilize it during daytime hours regardless the neighbors like or not and we could ask the neighbors to like you know I'm sure they would prefer that shed rather than a sport court right this is part of that whole yeah I don't forget that stupid dialogue I was trying to have it up here I'm sorry I'm sorry so that is again so I appreciate what the neighbors are saying about an additional structure or some of these other things but he already has that now and then for the water mitigation regardless of what we do if we deny you or approve you I would require a topography as well as a civil engineering for the water mitigation plan to be updated based on these new changes that may or may not be in absolutely so that they can mitigate both the neighbor across the street that talked about water mitigation as well as a neighbor in that northwest corner which again may be part of your plan to put there and pump it out but then it's done by a civil engineer which takes it off the liability off your plate and then lets our neighbor know that we've paid a professional to do that that would just be something that I would want if we were to consider anything on this plan So, and then regards to the proposed addition, regardless if it has pool equipment, mechanical equipment is going to be screened. So if it's outside, while there is some screening, there is still going to be noise pollution that occurs from it. If we put that inside, theoretically there's going to be insulation, there's going to be, whether it's glass or building insulation, that will mitigate sound more than outside. So that actually should reduce those impacts to his neighbors.

118. 2:26:15

     to have it up here I'm sorry I'm sorry so that is again so I appreciate what the neighbors are saying about an additional structure or some of these other things but he already has that now and then for the water mitigation regardless of what we do if we deny you or approve you I would require a topography as well as a civil engineering for the water mitigation plan to be updated based on these new changes that may or may not be in absolutely so that they can mitigate both the neighbor across the street that talked about water mitigation as well as a neighbor in that northwest corner which again may be part of your plan to put there and pump it out but then it's done by a civil engineer which takes it off the liability off your plate and then lets our neighbor know that we've paid a professional to do that that would just be something that I would want if we were to consider anything on this plan So, and then regards to the proposed addition, regardless if it has pool equipment, mechanical equipment is going to be screened. So if it's outside, while there is some screening, there is still going to be noise pollution that occurs from it. If we put that inside, theoretically there's going to be insulation, there's going to be, whether it's glass or building insulation, that will mitigate sound more than outside. So that actually should reduce those impacts to his neighbors. Because whether he puts it inside or outside, it has to be screened, right? So it seems like a few of these things have been thought through and try to address some of those neighbors' concerns. I would love to hear what some other people... I'll add just one more item to that in a sense that with sports courts, we ask that they're not lit. So if we approve the golf shed, maybe not having it lit on the outside. Not just turn a switch off, but have no lights on the outside. Eliminate the illumination. Yeah, because with the sports court, we don't have illumination. That's true. Well, my only thing about the addition, and correct me if I'm not thinking about this correctly, I understand that there's already a bump out that's already non-conforming that's encroaching. But to additionally add to that by an addition or no. That's why I was doing the same thing. It's not exactly clear in some of the documents we have. If you look on that... If you look on that... plot plan it's matching that existing bump out so the bump out is already 14 feet from the property line his proposed addition will still be 14 feet for the property line in a different location so if we look at not making it worse we're technically not making it worse

119. 2:27:30

     So that actually should reduce those impacts to his neighbors. Because whether he puts it inside or outside, it has to be screened, right? So it seems like a few of these things have been thought through and try to address some of those neighbors' concerns. I would love to hear what some other people... I'll add just one more item to that in a sense that with sports courts, we ask that they're not lit. So if we approve the golf shed, maybe not having it lit on the outside. Not just turn a switch off, but have no lights on the outside. Eliminate the illumination. Yeah, because with the sports court, we don't have illumination. That's true. Well, my only thing about the addition, and correct me if I'm not thinking about this correctly, I understand that there's already a bump out that's already non-conforming that's encroaching. But to additionally add to that by an addition or no. That's why I was doing the same thing. It's not exactly clear in some of the documents we have. If you look on that... If you look on that... plot plan it's matching that existing bump out so the bump out is already 14 feet from the property line his proposed addition will still be 14 feet for the property line in a different location so if we look at not making it worse we're technically not making it worse it's not going further increasing the amount of encroachment right that is for Jason neighbor I mean it's already encroaching and it's pretty close and non-conformance is increasing they're not the square footage is increasing yes so really think about it and I'm just thinking if you already have a non-conforming encroaching on the adjacent neighbors I mean that's already there you can't do anything about that but to expand upon that could be something that's a fair statement but I think about the one before in the village when the gentleman already was not performing in his garage one foot we let him do a continuation of that same addition one foot he technically just increases non-conforming longer for that 13 or 15 while we've granted variances that increase non-conformities before going up they're not necessarily expanding the square footage they're usually building up on it so is there

120. 2:28:45

     technically not making it worse it's not going further increasing the amount of encroachment right that is for Jason neighbor I mean it's already encroaching and it's pretty close and non-conformance is increasing they're not the square footage is increasing yes so really think about it and I'm just thinking if you already have a non-conforming encroaching on the adjacent neighbors I mean that's already there you can't do anything about that but to expand upon that could be something that's a fair statement but I think about the one before in the village when the gentleman already was not performing in his garage one foot we let him do a continuation of that same addition one foot he technically just increases non-conforming longer for that 13 or 15 while we've granted variances that increase non-conformities before going up they're not necessarily expanding the square footage they're usually building up on it so is there any place in the back to put all the pool equipment it was going exactly where it is now it's going to have a building to insulate sound and like chris said actually we're going to do that shredded newspaper i'm sure you know that insulation like that rock wool that like dead and sound because the homeowner also doesn't want to hear it so we're really going to dead in the sound in that room and there is one last thing i forgot to mention there's she talked about a garden retaining wall it was an existing wall that was failing we're putting it back at the same height in the same footprint so i just want to add that we're not trying to put walls everywhere i know the rules on walls and i do believe like what chris the point he's making that trade-off of you know adding to this encroachment to everything you're going to gain and benefit from it as it's still going to be screened not only on the property line it's going to be screened up to the building and then it's going to mitigate all that noise pollution from our pool equipment which originally was intended to go exactly there but be outside that's the benefit of it is the pool equipment's going inside now and has versus if it was just outside he would just have some plantings around it or screen it with his normal screening right but that noise would still be able to travel to the neighbors i think that's

121. 2:30:00

     any place in the back to put all the pool equipment it was going exactly where it is now it's going to have a building to insulate sound and like chris said actually we're going to do that shredded newspaper i'm sure you know that insulation like that rock wool that like dead and sound because the homeowner also doesn't want to hear it so we're really going to dead in the sound in that room and there is one last thing i forgot to mention there's she talked about a garden retaining wall it was an existing wall that was failing we're putting it back at the same height in the same footprint so i just want to add that we're not trying to put walls everywhere i know the rules on walls and i do believe like what chris the point he's making that trade-off of you know adding to this encroachment to everything you're going to gain and benefit from it as it's still going to be screened not only on the property line it's going to be screened up to the building and then it's going to mitigate all that noise pollution from our pool equipment which originally was intended to go exactly there but be outside that's the benefit of it is the pool equipment's going inside now and has versus if it was just outside he would just have some plantings around it or screen it with his normal screening right but that noise would still be able to travel to the neighbors i think that's but there's someone else could say you know i'd rather have the encroachment next to my jason smaller as opposed to expanding so I'm not sure if it's just an absolute if I may know about golf simulators so maybe you can help me but what is there any noise involved I mean you're not hitting balls correct no you are I'm not much I'm not much of a golfer myself but to my understanding you stand and you swing the club at a screen that it hits the screen and I guess in real life the ball will really travel simulates golf yes and if I may add one more thing yeah Chris to your point to the neighbor actually also directly adjacent to the West I think it's this gentleman's I guess he would be in front of him he has that letter and

122. 2:31:15

     his normal screening right but that noise would still be able to travel to the neighbors i think that's but there's someone else could say you know i'd rather have the encroachment next to my jason smaller as opposed to expanding so I'm not sure if it's just an absolute if I may know about golf simulators so maybe you can help me but what is there any noise involved I mean you're not hitting balls correct no you are I'm not much I'm not much of a golfer myself but to my understanding you stand and you swing the club at a screen that it hits the screen and I guess in real life the ball will really travel simulates golf yes and if I may add one more thing yeah Chris to your point to the neighbor actually also directly adjacent to the West I think it's this gentleman's I guess he would be in front of him he has that letter and support and a big way we told him you want to support he's like all you're gonna block your equipment I'm not gonna hear it great are you buying it or is it custom-built we're buying it and it's custom-built if it's conditional upon not putting lighting I mean we don't we don't even we don't need that lighting on the outside you know it's an indoor place yeah so we're not supposed to have direct dialogue we're trying to help you we can't have direct dialogue sound good so um again one of the big support support issues is sound mitigation as well as water as well as impermeable surface we're taking care of the impermeable surface because at least one of the conditions of my approval would be is civil engineering and water retention updated based on a new site plan and approved by our engineers do we want to add something to ensure that sound mitigation is being

123. 2:32:30

     it's this gentleman's I guess he would be in front of him he has that letter and support and a big way we told him you want to support he's like all you're gonna block your equipment I'm not gonna hear it great are you buying it or is it custom-built we're buying it and it's custom-built if it's conditional upon not putting lighting I mean we don't we don't even we don't need that lighting on the outside you know it's an indoor place yeah so we're not supposed to have direct dialogue we're trying to help you we can't have direct dialogue sound good so um again one of the big support support issues is sound mitigation as well as water as well as impermeable surface we're taking care of the impermeable surface because at least one of the conditions of my approval would be is civil engineering and water retention updated based on a new site plan and approved by our engineers do we want to add something to ensure that sound mitigation is being addressed by this unit like we do when we have a generator it requires to have so much decibels at the property line is that correct andrea we put a generator in they have to mean maintain our sound ordinance in order to put it in that's correct it's measured 25 feet from the unit and it's cannot exceed 70 decibel i i guess i'd be i would based on the information presented i guess i i i guess i'd have the applicant discuss what the decibel sound would be i i can't i mean if that's a condition you want comes close to yeah i was ever imagine there's no way yeah i was referring to the gulf simulator that's a condition of the gulf simulator yeah even less than yeah even less than yeah even less than I would I would believe so no no it's it's you're hitting it into the screen I mean that you're gonna have that sound of the club hitting the ball but this isn't it like and a fully enclosed structure like the doors closed yeah yeah you're inside of it yeah yeah you're inside of it yeah absolutely no you're inside of it again trying to I said like you said you keep trying to be a

124. 2:33:45

     do we want to add something to ensure that sound mitigation is being addressed by this unit like we do when we have a generator it requires to have so much decibels at the property line is that correct andrea we put a generator in they have to mean maintain our sound ordinance in order to put it in that's correct it's measured 25 feet from the unit and it's cannot exceed 70 decibel i i guess i'd be i would based on the information presented i guess i i i guess i'd have the applicant discuss what the decibel sound would be i i can't i mean if that's a condition you want comes close to yeah i was ever imagine there's no way yeah i was referring to the gulf simulator that's a condition of the gulf simulator yeah even less than yeah even less than yeah even less than I would I would believe so no no it's it's you're hitting it into the screen I mean that you're gonna have that sound of the club hitting the ball but this isn't it like and a fully enclosed structure like the doors closed yeah yeah you're inside of it yeah yeah you're inside of it yeah absolutely no you're inside of it again trying to I said like you said you keep trying to be a good neighbor on all these things and it's inside a structure it's inside it's right so outside it's gonna be far less than 120 well trying to get this you could also if you didn't get this you could set up a portable net and hit balls into a net in your backyard and there's nothing we can do about that that and people do that correct that's the right is there any way that a condition associated with getting a noise study to address some of the neighbors concern would make sense I don't know if it's enforceable yeah so just have the applicant have an engineering plan or some type of a noise mitigation like we do some other places that come up with it whether they insulate that shell to

125. 2:35:00

     you're inside of it again trying to I said like you said you keep trying to be a good neighbor on all these things and it's inside a structure it's inside it's right so outside it's gonna be far less than 120 well trying to get this you could also if you didn't get this you could set up a portable net and hit balls into a net in your backyard and there's nothing we can do about that that and people do that correct that's the right is there any way that a condition associated with getting a noise study to address some of the neighbors concern would make sense I don't know if it's enforceable yeah so just have the applicant have an engineering plan or some type of a noise mitigation like we do some other places that come up with it whether they insulate that shell to ensure that nothing outside of it has more than 70 decibels do you know if they ask yes you know if that company talks about what the sound is I don't think so because I know some of those yeah they will tell you all these different I do know that you can insulate it though you know it's supposed to be its own little self-contained unit and that's why I thought like no-brainer over a sport court there like oh my god okay thanks well yeah again some of your neighbors have different absolutely absolutely so our our goal is to try to mitigate those problems absolutely while ensuring your client can invest in their home being fair pickleball slightly less okay it's like like 95 to 100 so mr. once you you got something yes clients man so our property owner so I don't know I know you're looking up on Google but again this is indoors so this is not the decibel level hitting outside so obviously you know sounds going to be muffled it is it interior structure

126. 2:36:15

     do some other places that come up with it whether they insulate that shell to ensure that nothing outside of it has more than 70 decibels do you know if they ask yes you know if that company talks about what the sound is I don't think so because I know some of those yeah they will tell you all these different I do know that you can insulate it though you know it's supposed to be its own little self-contained unit and that's why I thought like no-brainer over a sport court there like oh my god okay thanks well yeah again some of your neighbors have different absolutely absolutely so our our goal is to try to mitigate those problems absolutely while ensuring your client can invest in their home being fair pickleball slightly less okay it's like like 95 to 100 so mr. once you you got something yes clients man so our property owner so I don't know I know you're looking up on Google but again this is indoors so this is not the decibel level hitting outside so obviously you know sounds going to be muffled it is it interior structure um we'll do our best to you know consider the neighbors feelings with respect to the noise but you know if you're hitting and i don't know who plays golf here but really the only the loudest part of the of the golf ball is probably a driver if you're hitting an iron you know that's way less probably than that especially if you're hitting it on the sweet spot every time yeah exactly so but you know we'd love to address some of the concerns of our neighbors and you know i know the lighting is an issue so if we have to do it without lighting on the exterior we're fine with that i mean we do have exterior lighting all on the perimeter by our garage which is flood lights are way brighter than you know a little tiny spotlight that would be inside the the golf sim so but we're happy to eliminate the ones on the exterior and if we want to appease the neighbors we can tint you know i think you brought up someone brought up tinting the the glass we could do that also as well but i doubt any of the interior lighting would really affect any of the neighbors considering the location so again with the screening as well so again trying to address what the neighbors concerns are the lighting so if we tint it that'll mitigate some of the lighting interior and remove the exterior lighting if we have it be insulated it'll reduce all sound associated with it and again the

127. 2:37:30

     um we'll do our best to you know consider the neighbors feelings with respect to the noise but you know if you're hitting and i don't know who plays golf here but really the only the loudest part of the of the golf ball is probably a driver if you're hitting an iron you know that's way less probably than that especially if you're hitting it on the sweet spot every time yeah exactly so but you know we'd love to address some of the concerns of our neighbors and you know i know the lighting is an issue so if we have to do it without lighting on the exterior we're fine with that i mean we do have exterior lighting all on the perimeter by our garage which is flood lights are way brighter than you know a little tiny spotlight that would be inside the the golf sim so but we're happy to eliminate the ones on the exterior and if we want to appease the neighbors we can tint you know i think you brought up someone brought up tinting the the glass we could do that also as well but i doubt any of the interior lighting would really affect any of the neighbors considering the location so again with the screening as well so again trying to address what the neighbors concerns are the lighting so if we tint it that'll mitigate some of the lighting interior and remove the exterior lighting if we have it be insulated it'll reduce all sound associated with it and again the neighbor this gentleman has the ability to hit golf balls in his backyard and that's allowed and then the pool equipment if that is being considered would be in an insulated approved approve you room at the same encroachment as other parts of his home so it would again in theory provide less noise pollution but maybe still be more of encroachment I think just adding that the tinting has to be in the glass it has to be an insulated unit and no exterior speakers music yes and one one other thing also as well you know I didn't want to put it outside I'd rather put it inside my house but my ceiling heights are just too low in order to do that they dig out the basement yeah that's the only reason why we decided to do it outside what about this wall the garden wall please yeah are you rebuilding there how tall is it older wall here we're doing interlocking wall it's not gonna fail this time and

128. 2:38:45

     the exterior lighting if we have it be insulated it'll reduce all sound associated with it and again the neighbor this gentleman has the ability to hit golf balls in his backyard and that's allowed and then the pool equipment if that is being considered would be in an insulated approved approve you room at the same encroachment as other parts of his home so it would again in theory provide less noise pollution but maybe still be more of encroachment I think just adding that the tinting has to be in the glass it has to be an insulated unit and no exterior speakers music yes and one one other thing also as well you know I didn't want to put it outside I'd rather put it inside my house but my ceiling heights are just too low in order to do that they dig out the basement yeah that's the only reason why we decided to do it outside what about this wall the garden wall please yeah are you rebuilding there how tall is it older wall here we're doing interlocking wall it's not gonna fail this time and it's going in the same spot around the driveway to retain the driveway and that's why thank you all right great mr. chairman unless anybody else any other discussion I think I'm ready to make motion well here's drag this up so we have this noise comparison to pickleball and the only other thing so we had a sports court not popular with the homeowner but you know typically can't use the court you know it's dark I just want to state that we do have there are golf simulators within the township and we have not had issues with noise complaints I'm just sharing that there was one that you was approved by this board a few months ago it was more of a shed in the backyard it didn't have the lighting aspect of it but that was a golf simulator that was approved so I don't have enough knowledge about the sound I can just speak to the fact that I know that they do that people do have them on their private property and we have never had complaints related to the

129. 2:40:00

     older wall here we're doing interlocking wall it's not gonna fail this time and it's going in the same spot around the driveway to retain the driveway and that's why thank you all right great mr. chairman unless anybody else any other discussion I think I'm ready to make motion well here's drag this up so we have this noise comparison to pickleball and the only other thing so we had a sports court not popular with the homeowner but you know typically can't use the court you know it's dark I just want to state that we do have there are golf simulators within the township and we have not had issues with noise complaints I'm just sharing that there was one that you was approved by this board a few months ago it was more of a shed in the backyard it didn't have the lighting aspect of it but that was a golf simulator that was approved so I don't have enough knowledge about the sound I can just speak to the fact that I know that they do that people do have them on their private property and we have never had complaints related to the sound so I'm not I just want to take that do they have hours operation on that one do you know if we did the same thing I don't think so no it was I don't know what that sounds like this is the first time I don't remember approving one I've been at every meeting but I believe you know you know more than I do so all right go ahead look if you're ready mr. chairman I'd like to make a motion in regards to we'll start with the permission request for the in regards the appeal at 2688 South Indian Mound Road for the sex restructuring I move the request be approved as amended they say information presented the applicant did demonstrate all standards for practical difficulty based section 42-76 standards because the use of the accessory structure is appropriate to the neighborhood as others in their township have this second for the dimensional variance for the home expansion encroaching two feet into the required 16-foot westerly setback I approve the variance be approved as requested based information presented after did demonstrate compliance with all with demonstrate all standards for practical

130. 2:41:15

     them on their private property and we have never had complaints related to the sound so I'm not I just want to take that do they have hours operation on that one do you know if we did the same thing I don't think so no it was I don't know what that sounds like this is the first time I don't remember approving one I've been at every meeting but I believe you know you know more than I do so all right go ahead look if you're ready mr. chairman I'd like to make a motion in regards to we'll start with the permission request for the in regards the appeal at 2688 South Indian Mound Road for the sex restructuring I move the request be approved as amended they say information presented the applicant did demonstrate all standards for practical difficulty based section 42-76 standards because the use of the accessory structure is appropriate to the neighborhood as others in their township have this second for the dimensional variance for the home expansion encroaching two feet into the required 16-foot westerly setback I approve the variance be approved as requested based information presented after did demonstrate compliance with all with demonstrate all standards for practical difficulty because compliance was strictly the ordinance we unduly burdensome because the pool can be already there why enclosing it we not only lengthen the type the longevity of that equipment or reduce sound and noise mitigation to our neighbors there is no injustice to the adjoining neighbors by the reason of the neighbor that is getting impacted the most to that side give it a letter of approval as well as we are reducing the sound for that neighbor the unique circumstance of the property have been demonstrated given the fact that you already had a two-foot encroachment on that same side this is not self-created due to the fact that the two-foot encroachment that was done prior to your client buying it already existed the amendments that we're gonna have you will be required to have an updated civil sir civil engineering plan for water mitigation for the entire site based on all the updates we are doing that will be submitted during your building application so we can mitigate all the water second we will be tinted the glass on that to help with light pollution to our neighbors even though you're doing the 12-foot arborvitaes all around the property that'll help mitigate any of that light pollution we will not have exterior lights on it and then your screening plan you will have to put those arborvitaes to the edge of

131. 2:42:30

     presented after did demonstrate compliance with all with demonstrate all standards for practical difficulty because compliance was strictly the ordinance we unduly burdensome because the pool can be already there why enclosing it we not only lengthen the type the longevity of that equipment or reduce sound and noise mitigation to our neighbors there is no injustice to the adjoining neighbors by the reason of the neighbor that is getting impacted the most to that side give it a letter of approval as well as we are reducing the sound for that neighbor the unique circumstance of the property have been demonstrated given the fact that you already had a two-foot encroachment on that same side this is not self-created due to the fact that the two-foot encroachment that was done prior to your client buying it already existed the amendments that we're gonna have you will be required to have an updated civil sir civil engineering plan for water mitigation for the entire site based on all the updates we are doing that will be submitted during your building application so we can mitigate all the water second we will be tinted the glass on that to help with light pollution to our neighbors even though you're doing the 12-foot arborvitaes all around the property that'll help mitigate any of that light pollution we will not have exterior lights on it and then your screening plan you will have to put those arborvitaes to the edge of your front plane of your property can you do that so the front plane of that garage which is what one of the neighbors were talking about can we go back and let's talk about where we're at the edge of that where we were we stopping our screening plan can you point to it and tell me what is it on the eastern side you see where this driveway bows yep as I mentioned there's a boulder retaining yep there's some decorative boulders they don't need to be there we're gonna start our tree line probably around somewhere where the garage splits and we have a boat so I need you to point exactly to it because where I would want you to start the screening okay I need the screen to start at the plane at the back of the garage right here yep because when we're looking at cutting off all of you really only need to add to three feet that that is

132. 2:43:45

     then your screening plan you will have to put those arborvitaes to the edge of your front plane of your property can you do that so the front plane of that garage which is what one of the neighbors were talking about can we go back and let's talk about where we're at the edge of that where we were we stopping our screening plan can you point to it and tell me what is it on the eastern side you see where this driveway bows yep as I mentioned there's a boulder retaining yep there's some decorative boulders they don't need to be there we're gonna start our tree line probably around somewhere where the garage splits and we have a boat so I need you to point exactly to it because where I would want you to start the screening okay I need the screen to start at the plane at the back of the garage right here yep because when we're looking at cutting off all of you really only need to add to three feet that that is for you as well as your landscape architect to figure that out that's perfect then I'm talking to the right guy and it's his checkbook you're spending so but that way it can mitigate not only sound light pollution for our neighbors water mitigation because it'll soak up water as well as it'll prevent the neighbor from being able to see to that backyard if you put where you were suggesting originally we would still be able to see the pool area and some of those things it has to be at the backplane and then if approved the motion must include application for all necessary permits must be made within one year and all permits must be obtained prior to installation the additional evergreen screenings will be required for the Gulf simulator all those plantings along the exterior the property have to be 12 feet or higher a ton of planting and then how are you gonna screen in front of it so I can't see you from the driveway side where is it on here so if I you can't screen in the dark in front of that retaining wall I could I could wrap the arms right in front of that retaining wall okay we have like 10 feet there so 12 feet our provide ease in front of it yeah just neighbor lie if you're standing at the road you're saying like the driveway back there yes oh yeah yes so that I can't see that and I

133. 2:45:00

     for you as well as your landscape architect to figure that out that's perfect then I'm talking to the right guy and it's his checkbook you're spending so but that way it can mitigate not only sound light pollution for our neighbors water mitigation because it'll soak up water as well as it'll prevent the neighbor from being able to see to that backyard if you put where you were suggesting originally we would still be able to see the pool area and some of those things it has to be at the backplane and then if approved the motion must include application for all necessary permits must be made within one year and all permits must be obtained prior to installation the additional evergreen screenings will be required for the Gulf simulator all those plantings along the exterior the property have to be 12 feet or higher a ton of planting and then how are you gonna screen in front of it so I can't see you from the driveway side where is it on here so if I you can't screen in the dark in front of that retaining wall I could I could wrap the arms right in front of that retaining wall okay we have like 10 feet there so 12 feet our provide ease in front of it yeah just neighbor lie if you're standing at the road you're saying like the driveway back there yes oh yeah yes so that I can't see that and I would like you to insulate the golf simulator okay so just as part of your reducing the lighting we'll upgrade that right Support. Do I have motion and support? Any discussion? All those in favor say aye. Aye. Any opposed? Opposed, me. So let's do a roll call. Kalinske? Yes. O'Donnell? No. Ford? Yes. Gio Grande? No. Henry? Yes. Osquiz? Osquiz? Yes. So the motion carries 4 to 2. I'm sorry, 5 to 2. Math has never been my strong point. Yeah, I was going to say 5. Thank you, guys. Calling item 17, 1760 Hamilton.

134. 2:46:15

     driveway back there yes oh yeah yes so that I can't see that and I would like you to insulate the golf simulator okay so just as part of your reducing the lighting we'll upgrade that right Support. Do I have motion and support? Any discussion? All those in favor say aye. Aye. Any opposed? Opposed, me. So let's do a roll call. Kalinske? Yes. O'Donnell? No. Ford? Yes. Gio Grande? No. Henry? Yes. Osquiz? Osquiz? Yes. So the motion carries 4 to 2. I'm sorry, 5 to 2. Math has never been my strong point. Yeah, I was going to say 5. Thank you, guys. Calling item 17, 1760 Hamilton. How did you get your driver to sound like 120 decibels? That's what I really want to know. Don't. Just ask Google. I got to run on my swing. I don't, I'm not playing with the right foursomes. I'm not hearing that with people. It's been a long day. I'll try to be thorough and quick. I'm running out of gas. So, Joe Wilson, Wilson Design Associates, on behalf of the Simona Residence for 1760 Hamilton. We will not take care. Thank you. we're seeking a dimensional variance as well as permission requests for a fire pit as well as a series of retaining walls let me address the grade change in the retaining walls first and then we'll talk about the fire pit for a hot second so what we are planning to do is along the west side of the property line is there's an existing concrete walk that goes from the driveway to the man door the garage from that point we want to put a brick paper walkway with some steps down to the walkout elevation that itself is about 10 11 feet from the walkout elevation down to say the lawn grade at the bottom of the slope is another 13 feet or so right now there's an existing probably non permitted series

135. 2:47:30

     How did you get your driver to sound like 120 decibels? That's what I really want to know. Don't. Just ask Google. I got to run on my swing. I don't, I'm not playing with the right foursomes. I'm not hearing that with people. It's been a long day. I'll try to be thorough and quick. I'm running out of gas. So, Joe Wilson, Wilson Design Associates, on behalf of the Simona Residence for 1760 Hamilton. We will not take care. Thank you. we're seeking a dimensional variance as well as permission requests for a fire pit as well as a series of retaining walls let me address the grade change in the retaining walls first and then we'll talk about the fire pit for a hot second so what we are planning to do is along the west side of the property line is there's an existing concrete walk that goes from the driveway to the man door the garage from that point we want to put a brick paper walkway with some steps down to the walkout elevation that itself is about 10 11 feet from the walkout elevation down to say the lawn grade at the bottom of the slope is another 13 feet or so right now there's an existing probably non permitted series of retaining walls and steps that are in disrepair they're not safe in an undersized patio there currently I'd say that probably part of the existing structure that was there or or I know my homeowners didn't build it or it might have been a do-it-yourself or special not safe what we intend to do is take that stuff out increase that upper terrace read you know build some good walls with safe stairs from top to bottom handrails guardrails landscape terrace in between the two and from our west property line instead of running the staircase basically down the property line and continue it we jog that in to allow for some evergreen plantings and try to screen that wall As far as the fire pit goes, it's a plug-and-play model. It'll be natural gas. It's a big pig. I'm not gonna lie. It's a big fire pit. But there's also natural screening along that property line as well. So where our Arborvitae stop, the natural screening should take over. And the way it's positioned on the lower small patio, it's really protected by those walls. So the neighbor on the, I guess would be the east side, I don't think they would even be able to see it. So I'd be happy to answer any questions or comments.

136. 2:48:45

     another 13 feet or so right now there's an existing probably non permitted series of retaining walls and steps that are in disrepair they're not safe in an undersized patio there currently I'd say that probably part of the existing structure that was there or or I know my homeowners didn't build it or it might have been a do-it-yourself or special not safe what we intend to do is take that stuff out increase that upper terrace read you know build some good walls with safe stairs from top to bottom handrails guardrails landscape terrace in between the two and from our west property line instead of running the staircase basically down the property line and continue it we jog that in to allow for some evergreen plantings and try to screen that wall As far as the fire pit goes, it's a plug-and-play model. It'll be natural gas. It's a big pig. I'm not gonna lie. It's a big fire pit. But there's also natural screening along that property line as well. So where our Arborvitae stop, the natural screening should take over. And the way it's positioned on the lower small patio, it's really protected by those walls. So the neighbor on the, I guess would be the east side, I don't think they would even be able to see it. So I'd be happy to answer any questions or comments. Any questions from the board? I'll open this to the public. Anyone would like to comment? Good evening. My name is Ed Plummer. Ed Plummer, 1865 Delrose Drive, also on the board of Square Lake Association. Number one, I'd like to bring to the board's attention that this is a brand new home, first owner, I believe. So anything that was there was built when this home was constructed. This home was constructed with significant variances on side yard setbacks. With a topography of a very steep climb down to the lake. As I understand... and we we have basically approved this plan with the understanding that they are accessing this work through the neighbors property I could ask gentlemen

137. 2:50:00

     I don't think they would even be able to see it. So I'd be happy to answer any questions or comments. Any questions from the board? I'll open this to the public. Anyone would like to comment? Good evening. My name is Ed Plummer. Ed Plummer, 1865 Delrose Drive, also on the board of Square Lake Association. Number one, I'd like to bring to the board's attention that this is a brand new home, first owner, I believe. So anything that was there was built when this home was constructed. This home was constructed with significant variances on side yard setbacks. With a topography of a very steep climb down to the lake. As I understand... and we we have basically approved this plan with the understanding that they are accessing this work through the neighbors property I could ask gentlemen that question or I could ask you to ask that question is that their only way they can get to work on this property is by access by the neighbors property immediately West which is currently under construction a very another significant house with those side yards that very tight side side yard setbacks is our understanding that it's been approved by the neighbor then the Association with the understanding that the seawall that was previously promised to be repaired and replaced it is a steel rusted pitted leaning into the lake seawall that that be repaired at the same time one of the main purposes is to acts again to access this property you have to go through the neighbors on the immediate West once that house is completed oh excuse me and to get down there you're gonna destroy the land but right now it's dirt once that neighbor completes his home you have no access to this property other than to go through his completed home again to start destroy his landscaping

138. 2:51:15

     are accessing this work through the neighbors property I could ask gentlemen that question or I could ask you to ask that question is that their only way they can get to work on this property is by access by the neighbors property immediately West which is currently under construction a very another significant house with those side yards that very tight side side yard setbacks is our understanding that it's been approved by the neighbor then the Association with the understanding that the seawall that was previously promised to be repaired and replaced it is a steel rusted pitted leaning into the lake seawall that that be repaired at the same time one of the main purposes is to acts again to access this property you have to go through the neighbors on the immediate West once that house is completed oh excuse me and to get down there you're gonna destroy the land but right now it's dirt once that neighbor completes his home you have no access to this property other than to go through his completed home again to start destroy his landscaping to access a seawall that is falling into the lake. The seawall falling into the lake brings about pollution, fertilization, and it impacts the quality of the lake. So we ask that for this to be considered, that the repair and replacement of the seawall be part of the plan. Thank you. Just a second. So when was that agreement made? So you're saying when they first came to the Architectural Control Committee? I don't have the dates of that. I'm sorry. I don't have that information. There was a verbal agreement, a verbal understanding. I just don't have that. Okay. Hold on. Hold on. Is there anyone else in the public that would like to comment on this? Okay. So you need to come up and give us your name and address. My name is Fadi Fosi. This is my father-in-law. It's his home that we're talking about. I'm also his realtor. We actually bought this home already constructed with the seawall this way and the patio built the way that it is.

139. 2:52:30

     to access a seawall that is falling into the lake. The seawall falling into the lake brings about pollution, fertilization, and it impacts the quality of the lake. So we ask that for this to be considered, that the repair and replacement of the seawall be part of the plan. Thank you. Just a second. So when was that agreement made? So you're saying when they first came to the Architectural Control Committee? I don't have the dates of that. I'm sorry. I don't have that information. There was a verbal agreement, a verbal understanding. I just don't have that. Okay. Hold on. Hold on. Is there anyone else in the public that would like to comment on this? Okay. So you need to come up and give us your name and address. My name is Fadi Fosi. This is my father-in-law. It's his home that we're talking about. I'm also his realtor. We actually bought this home already constructed with the seawall this way and the patio built the way that it is. He just bought the home August last year. We closed on the home. So we bought the home existing to what it is. We're just trying to improve on what's... because there's a lot of things that were poorly built and to that seawall comment that correlation of they've never fixed it and we've asked wasn't with us because we just haven't known the property before august of last year and then the when we wanted to do the landscape we ran it by the um kirk which is like the head of the hoa he said he was okay with the plan because like anything to obviously beautify the neighborhood the lake because if you look at it right now it looks terrible from the lake view from any view that you look at it if you see the pictures of what's there but um also with the neighbor property um the understanding was they are under construction this material would all be brought down before their home is constructed their only basement is dead right now they're not framed or anything like that at that level so we would restore anything any damage that would be done to their yard by bringing the stuff down which already it's a construction site so i just wanted to add that because i just had a little more history

140. 2:53:45

     We actually bought this home already constructed with the seawall this way and the patio built the way that it is. He just bought the home August last year. We closed on the home. So we bought the home existing to what it is. We're just trying to improve on what's... because there's a lot of things that were poorly built and to that seawall comment that correlation of they've never fixed it and we've asked wasn't with us because we just haven't known the property before august of last year and then the when we wanted to do the landscape we ran it by the um kirk which is like the head of the hoa he said he was okay with the plan because like anything to obviously beautify the neighborhood the lake because if you look at it right now it looks terrible from the lake view from any view that you look at it if you see the pictures of what's there but um also with the neighbor property um the understanding was they are under construction this material would all be brought down before their home is constructed their only basement is dead right now they're not framed or anything like that at that level so we would restore anything any damage that would be done to their yard by bringing the stuff down which already it's a construction site so i just wanted to add that because i just had a little more history okay thank you i would add to that as well is there anyone else would like to speak on this all right i'll close the public hearing now the applicant can respond although i guess the applicant i would add to that as well on the plans the top note on the plan says that we would like to get in writing permission from 1768 to use his property to to build this it's the top note on the well you cut it off their time but it was on a previous one uh previous image um so there's that the other thing the other thing is that we're dealing with a five-yard curve you or five foot setback on that western side. The eastern side, which is sloped down, there's two air conditioners on that side at the moment. And if we had to repair the seawall, it could be possible that two options come to mind. One, those ACs get temporarily displaced to allow access down that side, or to explore building off the water. So there's that. Any other questions from the board? We're not here to discuss the seawall, so I don't think we can enforce or have a condition of a variance. So that's not in our purview.

141. 2:55:00

     okay thank you i would add to that as well is there anyone else would like to speak on this all right i'll close the public hearing now the applicant can respond although i guess the applicant i would add to that as well on the plans the top note on the plan says that we would like to get in writing permission from 1768 to use his property to to build this it's the top note on the well you cut it off their time but it was on a previous one uh previous image um so there's that the other thing the other thing is that we're dealing with a five-yard curve you or five foot setback on that western side. The eastern side, which is sloped down, there's two air conditioners on that side at the moment. And if we had to repair the seawall, it could be possible that two options come to mind. One, those ACs get temporarily displaced to allow access down that side, or to explore building off the water. So there's that. Any other questions from the board? We're not here to discuss the seawall, so I don't think we can enforce or have a condition of a variance. So that's not in our purview. So while I can feel bad and understand where they're coming from, that's not our right to do that. And I just, for a point of clarification for the neighbors, the Bloomfield Township doesn't, we don't mandate, we don't get involved with seawalls. That's usually through EGLE because it's on the water. So I just want to make that point of clarification that we can't require a seawall replacement because that's not under our purview. So I just want to make that clear. Okay, it's motion time or discussion. Crawl to the finish line. We have two more. Come on, guys. We might have our last one. Thank you. Well, I'll tell you. Thank you. Thanks, guys. Thank you. all right mr. chairman I'd love to make a motion okay in regards the appeal that's we'll go with the permission request first in regards the appeal at 1760 Hamilton Drive for the accessory structure I move the request be approved estimated based information presented and they did demonstrate compliance for section 42 dash 76 standards because the uses of this accessory structure is appropriate in the neighborhood as you need retaining walls in this area because the topography changes second for the

142. 2:56:15

     So while I can feel bad and understand where they're coming from, that's not our right to do that. And I just, for a point of clarification for the neighbors, the Bloomfield Township doesn't, we don't mandate, we don't get involved with seawalls. That's usually through EGLE because it's on the water. So I just want to make that point of clarification that we can't require a seawall replacement because that's not under our purview. So I just want to make that clear. Okay, it's motion time or discussion. Crawl to the finish line. We have two more. Come on, guys. We might have our last one. Thank you. Well, I'll tell you. Thank you. Thanks, guys. Thank you. all right mr. chairman I'd love to make a motion okay in regards the appeal that's we'll go with the permission request first in regards the appeal at 1760 Hamilton Drive for the accessory structure I move the request be approved estimated based information presented and they did demonstrate compliance for section 42 dash 76 standards because the uses of this accessory structure is appropriate in the neighborhood as you need retaining walls in this area because the topography changes second for the dimensional variance for the two-tier retaining wall in the rear yard that is eight feet above standard and a retaining wall on the westerly side yard that is three feet at the maximum above standard setback one feet from the side yard lot line I move that variance be approved as submitted based information present the applicant did demonstrate all compliance for section for standards of practical difficulty because compliance or strict letter the ordinance would be unduly burdensome because he's already five feet from the property line so we need to find a way to hold that back so they can properly and safely access his backyard there is no injustice to you join neighbors by the reason of we're gonna be screening it to the best of our abilities and the other neighbors gonna be having the same topography issues that he does the existence of the property been demonstrated given the fact that again topography changes are significant on this property this is not self created because again probably had significant challenges prior to this client buying it and he bought it in the as is condition if this motion is approved application for all necessary permits must be made within one year all permits must be obtained prior to installation additional evergreen screenings shall be required to screen the fire the fire pit and retaining walls from public view and must meet or exceed the height of the structures at time of planting support support i have a motion and support any

143. 2:57:30

     walls in this area because the topography changes second for the dimensional variance for the two-tier retaining wall in the rear yard that is eight feet above standard and a retaining wall on the westerly side yard that is three feet at the maximum above standard setback one feet from the side yard lot line I move that variance be approved as submitted based information present the applicant did demonstrate all compliance for section for standards of practical difficulty because compliance or strict letter the ordinance would be unduly burdensome because he's already five feet from the property line so we need to find a way to hold that back so they can properly and safely access his backyard there is no injustice to you join neighbors by the reason of we're gonna be screening it to the best of our abilities and the other neighbors gonna be having the same topography issues that he does the existence of the property been demonstrated given the fact that again topography changes are significant on this property this is not self created because again probably had significant challenges prior to this client buying it and he bought it in the as is condition if this motion is approved application for all necessary permits must be made within one year all permits must be obtained prior to installation additional evergreen screenings shall be required to screen the fire the fire pit and retaining walls from public view and must meet or exceed the height of the structures at time of planting support support i have a motion and support any discussion all those in favor say aye aye aye any opposed congratulations requested thank you so the next item item 18 220 william spirit right at the end of the agenda yep you're up good evening my name is eric lasilla um i'm so i'm just here to request a variance approval to allow me to replace an existing fence in my backyard with a five foot fence um i've i've got the approval of both my neighbors on either side as well as across the street and i do have the approval of my homeowners association as well so there's no issues there um just a standard uh aluminum black aluminum fence will be my new fence five foot high replacing uh on the west side there that's a chain link fence what's the height of the chain link what's the height

144. 2:58:45

     the height of the structures at time of planting support support i have a motion and support any discussion all those in favor say aye aye aye any opposed congratulations requested thank you so the next item item 18 220 william spirit right at the end of the agenda yep you're up good evening my name is eric lasilla um i'm so i'm just here to request a variance approval to allow me to replace an existing fence in my backyard with a five foot fence um i've i've got the approval of both my neighbors on either side as well as across the street and i do have the approval of my homeowners association as well so there's no issues there um just a standard uh aluminum black aluminum fence will be my new fence five foot high replacing uh on the west side there that's a chain link fence what's the height of the chain link what's the height of your that's four feet it's four feet yeah is there a reason why we chose five foot uh because i have a dog that i'm fostering and i want to contain the dog in the back there and make make sure it can't escape so normal dog enclosure fences are four feet so why does your dog get a five foot one it's just i think he'd have the ability to jump a four foot fence so just added protection with a five foot and you already the fence is already in the same place you have currently so the outlines you're showing on this you already have a fence in those exact same places yeah i'm not changing it'll be in the exact same location as my current fence just five feet high so has the dog ever scaled the existing fence i'm sorry has the dog ever scaled the existing fence no because i i uh supervise him on a leash in the backyard currently so what kind of dog is it um i think it's a lab mix it's a dog that i'm uh fostering from the shelter here thank you for doing that yeah do you currently have screening on the side that's closest to the on the picture here it's to the left i'm sorry my hearing i'm sorry do you have screening on the um

145. 3:00:00

     of your that's four feet it's four feet yeah is there a reason why we chose five foot uh because i have a dog that i'm fostering and i want to contain the dog in the back there and make make sure it can't escape so normal dog enclosure fences are four feet so why does your dog get a five foot one it's just i think he'd have the ability to jump a four foot fence so just added protection with a five foot and you already the fence is already in the same place you have currently so the outlines you're showing on this you already have a fence in those exact same places yeah i'm not changing it'll be in the exact same location as my current fence just five feet high so has the dog ever scaled the existing fence i'm sorry has the dog ever scaled the existing fence no because i i uh supervise him on a leash in the backyard currently so what kind of dog is it um i think it's a lab mix it's a dog that i'm uh fostering from the shelter here thank you for doing that yeah do you currently have screening on the side that's closest to the on the picture here it's to the left i'm sorry my hearing i'm sorry do you have screening on the um i have high grasses that are on on my property on yeah on the left side there you so if this is approved you're asking for an additional foot are you willing to screen it on the western side that faces the street side because you're going to be going against the property line we cannot screen it if it's on the property line so you're are you asking if i could screen it in front so it's not visible from the street yeah so again i know you have a gate on that side but your your front door is that section screened and then as much as it can be screened along the driveway side i know it's on the other side of the driveway can you screen it yeah i can screen i can screen i'm sorry are you asking on the left hand side there which is 55 no because that's on the property line you can't screen that are you saying in front of that in front of that faces the front yard anything that's front yard facing or draw or street facing can you screen it yeah i can screen i can screen anywhere it's required um sounds great good answer so he was saying

146. 3:01:15

     it's to the left i'm sorry my hearing i'm sorry do you have screening on the um i have high grasses that are on on my property on yeah on the left side there you so if this is approved you're asking for an additional foot are you willing to screen it on the western side that faces the street side because you're going to be going against the property line we cannot screen it if it's on the property line so you're are you asking if i could screen it in front so it's not visible from the street yeah so again i know you have a gate on that side but your your front door is that section screened and then as much as it can be screened along the driveway side i know it's on the other side of the driveway can you screen it yeah i can screen i can screen i'm sorry are you asking on the left hand side there which is 55 no because that's on the property line you can't screen that are you saying in front of that in front of that faces the front yard anything that's front yard facing or draw or street facing can you screen it yeah i can screen i can screen anywhere it's required um sounds great good answer so he was saying screen uh the front of the fence that you can see from the street that's what he was referring to okay yeah yeah yeah with yeah with whatever you want okay that has to be 365 some type of evergreen style plant because i do have screening inside the fence so i see what you're saying yeah yeah we're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying applicable from the street you want in front of the fence correct okay got it thank you okay so i'll open the public hearing no comments closed public hearing mr chair i'll make a motion thank you so with regard to the appeal at 220 south williamsbury road for the dimensional variance request for a dog enclosure exceeding four feet encroaching 16 feet into the required 16 foot side yard setbacks and 25 into the required 25 yard setback i move that the variance be approved as requested based on the information presented the applicant did demonstrate all standards for practical difficulty because compliance of the strict letter of the ordinance would be in duly urgent burdensome due to the fact

147. 3:02:30

     yeah i can screen i can screen anywhere it's required um sounds great good answer so he was saying screen uh the front of the fence that you can see from the street that's what he was referring to okay yeah yeah yeah with yeah with whatever you want okay that has to be 365 some type of evergreen style plant because i do have screening inside the fence so i see what you're saying yeah yeah we're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying that's what you're saying applicable from the street you want in front of the fence correct okay got it thank you okay so i'll open the public hearing no comments closed public hearing mr chair i'll make a motion thank you so with regard to the appeal at 220 south williamsbury road for the dimensional variance request for a dog enclosure exceeding four feet encroaching 16 feet into the required 16 foot side yard setbacks and 25 into the required 25 yard setback i move that the variance be approved as requested based on the information presented the applicant did demonstrate all standards for practical difficulty because compliance of the strict letter of the ordinance would be in duly urgent burdensome due to the fact that uh this is essentially a fence replacement and it is on the property line so in some areas screening is not possible um we are requiring let's see here there's no injustice to adjoining neighbors by reason that we are requiring that it is screened from public view in the front and there are other fences in this neighborhood similar unique circumstances of the property have been demonstrated that um the fence like i said earlier is an existing fence and is being replaced and by that it is not self-created so if approved the motion must include application for all necessary permits to be made within one year and all permits must be obtained prior to install additional evergreen plantings shall be required to screen the dog containment fronts from public view and must meet or exceed the height of the fence at the time of planting and we referred to that when we were talking about planning in front of the fence I have motion and support any discussion calls in favor say aye aye aye any opposed congratulations your request is granted okay thank you calling the last time two five four three south so you're the Costco representative I'm the guy

148. 3:03:45

     compliance of the strict letter of the ordinance would be in duly urgent burdensome due to the fact that uh this is essentially a fence replacement and it is on the property line so in some areas screening is not possible um we are requiring let's see here there's no injustice to adjoining neighbors by reason that we are requiring that it is screened from public view in the front and there are other fences in this neighborhood similar unique circumstances of the property have been demonstrated that um the fence like i said earlier is an existing fence and is being replaced and by that it is not self-created so if approved the motion must include application for all necessary permits to be made within one year and all permits must be obtained prior to install additional evergreen plantings shall be required to screen the dog containment fronts from public view and must meet or exceed the height of the fence at the time of planting and we referred to that when we were talking about planning in front of the fence I have motion and support any discussion calls in favor say aye aye aye any opposed congratulations your request is granted okay thank you calling the last time two five four three south so you're the Costco representative I'm the guy that sold that greenhouse yes sure we offer those online all right so we maintain a fleet of drivers that deliver out of Van Buren Township they deliver in odd hours so in order to maintain restroom access we would like to put an exterior restroom it's not open to the public it's not intended for employee use on a standard basis I would maintain keys to the facility obviously to maintain and keep it clean but it's intended for our fleet drivers overnight they would have a key and access so they could use the facilities it's gonna be about halfway down that building just in front of the compactor it's almost an alcove that's over there talking to the engineer this morning he was able look come so you guys got me so I'm sorry I'm sorry my name is Chris I'm the assistant general manager up at Bloomfield Costco but it sounds like they're gonna be able to do it in I think they call it split face brick so it's gonna match the building it's about 12 feet tall I'm not sure the

149. 3:05:00

     time two five four three south so you're the Costco representative I'm the guy that sold that greenhouse yes sure we offer those online all right so we maintain a fleet of drivers that deliver out of Van Buren Township they deliver in odd hours so in order to maintain restroom access we would like to put an exterior restroom it's not open to the public it's not intended for employee use on a standard basis I would maintain keys to the facility obviously to maintain and keep it clean but it's intended for our fleet drivers overnight they would have a key and access so they could use the facilities it's gonna be about halfway down that building just in front of the compactor it's almost an alcove that's over there talking to the engineer this morning he was able look come so you guys got me so I'm sorry I'm sorry my name is Chris I'm the assistant general manager up at Bloomfield Costco but it sounds like they're gonna be able to do it in I think they call it split face brick so it's gonna match the building it's about 12 feet tall I'm not sure the exact dimensions this can be say 12 by 12 by 12 pretty accurate so it's gonna match the building it's gonna look okay nobody's gonna have access to it I think one of the comments was that we had a couple dumpsters out there I have a couple compost bins and a couple recycled bins that I have out there I put in a project work request with my corporate team to actually fence those in so I think I think that should address the problems there with those guys I think there's some pallets that were in a picture too that we sent over that shouldn't have been there in the first place so we just need to do a better job keeping it clean which we will that's pretty much it it will be they're gonna draw water from inside it's still considered detached the way it's designed okay but yes it will be integrated I have a restroom on the inside and they're gonna touch water and that kind of stuff nobody's gonna see it unless they drive down there right correct right-hand side so little red square right-hand side that's a galling Chrysler dealership that's kind of like their overflow employee parking lot that's just a driveway goes around my building so plus I mean it's gonna look exactly like exactly

150. 3:06:15

     call it split face brick so it's gonna match the building it's about 12 feet tall I'm not sure the exact dimensions this can be say 12 by 12 by 12 pretty accurate so it's gonna match the building it's gonna look okay nobody's gonna have access to it I think one of the comments was that we had a couple dumpsters out there I have a couple compost bins and a couple recycled bins that I have out there I put in a project work request with my corporate team to actually fence those in so I think I think that should address the problems there with those guys I think there's some pallets that were in a picture too that we sent over that shouldn't have been there in the first place so we just need to do a better job keeping it clean which we will that's pretty much it it will be they're gonna draw water from inside it's still considered detached the way it's designed okay but yes it will be integrated I have a restroom on the inside and they're gonna touch water and that kind of stuff nobody's gonna see it unless they drive down there right correct right-hand side so little red square right-hand side that's a galling Chrysler dealership that's kind of like their overflow employee parking lot that's just a driveway goes around my building so plus I mean it's gonna look exactly like exactly building so you won't even notice it it's just got one door on it one door so they might just think it's a door into the building okay any other questions open the public hearing hearing no comment i'll close the public hearing chairman okay all right let me do another one you can do it it's okay all right i'll close it out yeah perfect love it you went on fire tonight yes something go ahead oh okay sorry that was for me i will start with the permission request first in regards to the appeal at 2343 telegraph for an external restroom i move that the request be approved as submitted based on the information presented the applicant did demonstrate compliance with section 42 dash 7.6 standards because the structure should not be objectionable to nearby residents for the fact that it will be in outfitted with the same materials and it will be compatible with the structure in terms of the dimensional variance at the same location i also moved that the variance be approved as requested

151. 3:07:30

     building so you won't even notice it it's just got one door on it one door so they might just think it's a door into the building okay any other questions open the public hearing hearing no comment i'll close the public hearing chairman okay all right let me do another one you can do it it's okay all right i'll close it out yeah perfect love it you went on fire tonight yes something go ahead oh okay sorry that was for me i will start with the permission request first in regards to the appeal at 2343 telegraph for an external restroom i move that the request be approved as submitted based on the information presented the applicant did demonstrate compliance with section 42 dash 7.6 standards because the structure should not be objectionable to nearby residents for the fact that it will be in outfitted with the same materials and it will be compatible with the structure in terms of the dimensional variance at the same location i also moved that the variance be approved as requested based on the information presented the applicant did demonstrate all standards for practical difficulty because compliance with the strict letter of the ordinance would be unduly burdensome difficulty because without that exterior you restroom it would prevent reasonable use of the property for the fleet drivers and make it much more convenient there's no injustice to the journey neighbors for one it's a retail area it makes very much sense and it's going to be compatible with the design of the structure any circumstances of the property again because most of the restrooms are inside and it's probably very difficult for the fleet drivers to access them this would be much more convenient to have it on the external part of the building and because of that it is not self-created so with that if approved the motion also includes applications for all unnecessary permits must be made within one year then all permits must be obtained prior to installation support i have a motion to support any discussion all those in favor say aye aye aye any opposed congratulations is there anyone that would like to bring anything up before we adjourn yeah i just have a quick a quick question thank you brian um or not a question a comment um i just want to introduce griffin grava grava he is our pbo intern for the summer um so it's pretty exciting and he

152. 3:08:45

     dimensional variance at the same location i also moved that the variance be approved as requested based on the information presented the applicant did demonstrate all standards for practical difficulty because compliance with the strict letter of the ordinance would be unduly burdensome difficulty because without that exterior you restroom it would prevent reasonable use of the property for the fleet drivers and make it much more convenient there's no injustice to the journey neighbors for one it's a retail area it makes very much sense and it's going to be compatible with the design of the structure any circumstances of the property again because most of the restrooms are inside and it's probably very difficult for the fleet drivers to access them this would be much more convenient to have it on the external part of the building and because of that it is not self-created so with that if approved the motion also includes applications for all unnecessary permits must be made within one year then all permits must be obtained prior to installation support i have a motion to support any discussion all those in favor say aye aye aye any opposed congratulations is there anyone that would like to bring anything up before we adjourn yeah i just have a quick a quick question thank you brian um or not a question a comment um i just want to introduce griffin grava grava he is our pbo intern for the summer um so it's pretty exciting and he is a student at northern michigan and we're really happy to have him he's been with us for a week and he's he's doing great and he has an interest in in uh looking uh into urban planning um more importantly community service local government which is is pretty cool i think these days with um with this this generation so i just want to point him out and introduce him and let him be acknowledged is you our intern for the summer. So thank you. Welcome. Welcome. So Griffin, we have a great tradition here for all our interns. We ask them to stand and sing their college fight songs. Using the marching band. So if you could just do that for us right now. I know it word by word. I thought you were going to tell the Costco. He should have brought snacks. Well, I should have. No, I was talking to the engineer. He's like, hopefully you're early on the docket. Commercials always last. Sorry. It worked out for you, didn't it? Yes. So do we have a motion to adjourn? Support. So all those in favor of the motion to adjourn, say aye. Aye. We're adjourned. Thank you, everybody.