* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] ALL [Board of Zoning Appeals on September 15, 2020.] THE BOARD OF ZONING APPEALS MEETING TO GET, UH, THE ORDER ON SEPTEMBER. YEAH, SEPTEMBER THE 15TH, 2020. FIRST ITEM IS APPROVAL OF THE MINUTES OF THE MEETING ON APRIL 21ST, 2020, ANYBODY OBJECT TO THE MINUTES. SO THAT MAY MAKE A MOTION THAT WE APPROVE THE MINUTES FROM THAT MEETING ALL INDICATED DISCUSSION ONE IN FAVOR, PLEASE SAY AYE, PASSES. WE'LL GO ON TO THE PUBLIC HEARING. UM, CLIENT, WOULD YOU READ THAT FIRST PLEASE? MA'AM VARIOUS CASE F R BZA TWO TWO THREE, FIVE 2020 SUBMITTED BY THE MINUTE GROUP, LLC, REQUESTING MULTIPLE MINIMUM LOT SIZE AND BUILDING SETBACK. VARIANCES FROM THE RESIDENTIAL ARE THREE DISTRICT REGULATIONS OF THE FRONT RULES, ZONING ORDINANCE FOR PROPERTY LOCATED AT 24 STONEWALL DRIVE FRONT ROYAL VIRGINIA TAX MAP PARCEL 28 SEVEN DASH FOUR DASH 91. THE PURPOSE OF THE VARIANCES IS TO ALLOW THE SUBDIVIDING OF A SINGLE PARCEL UPON WHICH TO EXISTING DETACHED SINGLE FAMILY DWELLINGS ARE LOCATED UPON AND TO TWO PARCELS SO THAT EACH DWELLINGS WILL BE LOCATED ON ITS OWN INDIVIDUAL LOT. OKAY. CAN WE MAKE THAT OR I GUESS THIS IS OUR BED CORRECT. AND OUR 24 WEST STONEWALL DRIVE. PARDON ME? IT'S 24 WEST STONEWALL DRIVE. ALL RIGHT. ALL RIGHT. THANK YOU. SURE. OKAY. ANY DISCUSSION ON THIS OR ANYBODY HERE TO SPEAK ABOUT IT? OKAY. PLEASE COME UP TO WHEREVER THE POLL YOU MISS STATE YOUR NAME AND I'M EMILY MANIC. I'M ONE OF THE MEMBERS AND MANAGER OF THE MINUTE GROUP. I AM HERE ASKING FOR A VARIANCE ON FOR OUR PROPERTY AT 24 WEST STONEWALL DRIVE AND ALSO 24 80 WEST STONEWALL DRIVE. UM, CURRENTLY THERE ARE TWO SEPARATE, COMPLETELY SEPARATE HOUSES ON THE SAME LEGAL LOTS, AND THEY ALREADY ARE COMPLETELY DIVIDED AS FAR AS UTILITIES WATER. UM, ACTUALLY THE SINGLE FAMILY HOUSE ACTUALLY SITS ON LEE STREET, NOT EVEN ON WEST STONEWALL. SO WE'VE HAD A SURVEY CONDUCTED WHERE WE PROPOSED A DIVIDING THE LOT, UM, PRETTY MUCH EQUALLY, UM, ALONG WHAT'S ALREADY KIND OF A CURB OVER THERE AND THIS WOULD MAKE IT TO WHERE EACH HOUSE WAS ON ITS OWN LEGAL LOT. AND WITH A DIFFERENT ADDRESS EVENTUALLY FOR, UM, ON LEE STREET. ANY QUESTIONS, SIR? I GUESS FIRST THE APPLICATION HERE, THE TOP PORTION IS IT WAS DONE IN SOMEONE'S HANDWRITING. ANY MINUTE CHANGES, IS THAT, WAS THAT FILLED IN BY SOMEONE HERE? NO, THAT WAS ME. THAT WAS A, IT WAS A UNIQUE SITUATION TO TRY TO DETERMINE EXACTLY WHICH VARIANCES WERE REQUIRED. AND WHAT YOU'LL SEE ON THE FAR LEFT IS THAT I TRIED TO IDENTIFY, I HAVE A QUESTION, UM, ABOUT THE YARD SET REAR YARD SETBACK. THE PAYLOAD ACTUALLY SAYS 50 FEET FOR BOTH THE STRUCTURES, NOT 25. MY INCORRECT ON THAT. WELL, WHAT WE HAVE HERE ABOUT THAT MEAN THAT BOTH STRUCTURES WOULD HAVE TO HAVE REAR YARD SETBACK, 50 FEET COMING FROM STONEWALL DRIVE, NOT FROM LANE. UM, AND, AND THIS PROPOSAL, UH, THE WAY THE PROPERTIES ARE BEING SUBDIVIDED, UH, THERE WILL BE A CORNER LINE, UH, AND NOW DWELLING NUMBER 24 WILL BE LOCATED ON THE CORNER LOT AND WHERE THEY ARE DRAWING THE NEW PROPERTY LINE THAT WILL BECOME THE REAR PROPERTY LINE FOR DWELLING NUMBER 24. I HAVE NOW AND NOW FOR, I GUESS, 24 A, THAT ACTUALLY BECOMES A SIGN, RIGHT, BUT YOU DON'T GET THE HALF THE 20 OR THE 50 FEET TO 25. IT STILL STAYS 50. AM I CORRECT? SO IF YOU, IF WE WENT WITH THIS PLAN, THAT PROPOSAL, THE REAR YARD OF 24 HAS TO HAVE 50 FEET, NOT 24 FEET OR 25 FEET IS WHAT THE, IS, WHAT THE CODE WOULD ASK. [00:05:07] THE REASON I SAY THAT IS WE'RE NOT OFF BY 22. WE'RE ACTUALLY OUT BY CLOSER TO 50. WELL, 40. YEAH. THERE'S, THERE'S VERY, THERE'S VERY LITTLE, UH, THAT WILL BE LEFT IN TERMS OF A REAR YARD OR A SIDE YARD FOR THE, UH, FOR THE OTHER, FOR THE OTHER STRUGGLE. SURE. LOOKS LIKE THERE'S A FENCE AND THERE'S NOT REALLY A FAN. THAT'S THE BACKUP. THERE IS A BACK FENCE BECAUSE THERE'S A WALKWAY THAT GOES CONNECTED THEM AT ONE POINT, RIGHT? BECAUSE MY, MY ASSUMPTION IS THAT THIS WAS BUILT AS A IN-LAWS SITUATION AT SOME POINT. DO WE KNOW WHEN IT WAS BUILT IN THE MEAN SOUND MIGHT HAVE SOME, BUT THERE'S NONE IN WARREN COUNTY, G GIS TIGHTER STRUCTURE. OKAY. THE FIRST ONE LOOKS QUITE OLDER THAN THE SECOND. WE CAN LOOK INTO THE HISTORIC DISTRICT SURVEY AND SEE IF THERE'S ANYTHING IN THERE ON IT RIGHT NOW. I JUST, I GUESS THAT WAS SOMETHING THAT STRUCK ME. THERE WAS ANOTHER ONE TOO, WHERE IT ACTUALLY SAYS THE, IT HAS TO HAVE 200 FEET IN THE CODE. IT ACTUALLY SAYS 200. AND THEN IT'S, THEN THE NUMBER 100 IS IN THERE. I DON'T KNOW WHICH ON THE, ON THE, ON THE WIDTH OF THE PROPERTY, WHICH WOULD BE 34. SEE, I SEE WHERE YOU'RE READING FROM. WELL, THERE'S, THERE'S OBVIOUSLY A TYPO ONE. SO ONE WAY OR THE OTHER, I'M NOT CERTAIN, WHICH IS , BUT THEN, BUT THE RESULTING DISTANCE WOULD STILL BE, I WOULD BE AT THE SAME, IT'D BE AT A 2.7, BUT SETBACK BACK FROM THE, FROM THE REAR PROPERTY LINE OR THE REAR POCKET. I JUST, I'M ONLY ASKING BECAUSE YOU KNOW, SOMETIMES THIS IS A LITTLE CONFUSING WHERE IT SAYS, WELL, WE'RE ONLY AGAIN, LIKE YOU SAID EARLIER, IT'S JUST A FOOT, BUT I WANT TO BE CLEAR AS TO HOW MANY FEET OF A VARIANTS WE MIGHT BE GIVING IF THAT WERE TO BE THE CASE. ABSOLUTELY. MY UNDERSTANDING WOULD BE THAT WOULD BE THE REAR. AND I SEE THAT THEN WE WOULD BE BECAUSE OF THE TRACKS MAP, THIS IS ALL ONE PROPERTY ON STONEWALL IS 24, A WAS PROBABLY DONE BY THE POSTAL SERVICE. THAT'S JUST A DIFFERENT MAILBOX. UM, BECAUSE THERE'S NO RECORD IN A GIS OF, I LOOK, THERE'S JUST NOT AN IT'S ONE PROPERTY. I COULDN'T SPEAK, THEY BOUGHT IT AS ONE THERE'S, YOU KNOW, I MEAN, SO THIS THE 24, A REFERENCE I'M GUESSING, BUT, BUT I, WE WOULD BE, WE WOULD BE TURNING THAT. RIGHT. AND THEN THE REAR YARD WOULD BE CORRECT. THIS WOULD BE THE REAR THEN ON THE, ON 24, A AND THEN THIS WOULD BE THE REAR ON THE 20. OKAY. OKAY. YEAH. THERE'S STILL, DOES THAT GIVE US A PRETTY BIG THOUGH, RIGHT? WELL THERE'S YEAH. I MEAN, YOU DON'T, THERE'S NO WAY YOU'RE GOING TO HIT 50 FEET THERE. THEY DON'T EVEN HAVE 50 FEET HERE. WELL, THIS WAS NON-CONFORMING FROM THE GET-GO RIGHT, RIGHT. IT WAS SPECIFIC TO THE CORNWALL AND WHAT'S GOING TO RESULT, UH, THE ONE LOT, THE 24 EIGHT, THAT IF THIS IS A PROBE, THAT THAT STRUCTURE WILL ACTUALLY BE READDRESSED WITH A NUMBER OFF OF LATELY. YOU KNOW, EVERY REHAB DROUGHT, IF IT IS, IF THIS BEARINGS IS APPROVED AND IT IS SOMETHING ABOUT IT. OKAY. BUT, BUT IT IS, IT IS IN FACT 50. IS THAT WHAT? YEAH. OKAY. IT IS BECAUSE OF THE CORNER OF STONER ROCK REQUIREMENT. OKAY. SO, UM, ONE OF MY BIGGEST CONCERNS HERE IS THAT THIS WOULD BE A PERFECT INVESTMENT STRATEGY. IF I WANTED TO PUT IT IN A LAWSUIT ON MY PROPERTY AND YOU KNOW, FOR, FOR MY HANDICAPPED MOTHER OR WHATEVER, AND THEN ON DOWN THE ROAD, SELL IT OR SUBDIVIDE IT. AND THEN WE CREATE WHAT WE COULD BE DOING. CAUSE THERE'S RIGHT ACROSS [00:10:01] THE STREET, THERE'S A SIMILAR PROPERTY ON, ON LEE STREET DIRECTLY ACROSS, IT HAS TWO ON ONE LOT THEN RIGHT NEXT TO IT, THERE'S ONE THAT SITS OVER A LOT LINE. UM, SO THIS IS ONE OF THOSE AREAS JUST LIKE OVER IN, UM, SOUTH STREET, WHERE THERE WAS LOTS OF, UH, FUNNY LINES THAT WE'RE GOING TO HAVE TO LOOK AT HERE IN THE FUTURE. WE'RE NOT POS, BUT THE PLANNING COMMISSION OR SOMEBODY, BUT YOU KNOW, IT WILL END UP IN OUR, IN OUR LAPS. UM, SO, BUT, BUT ONE OF THE THINGS THAT STRUCK ME IS THAT THIS WAS PROBABLY BUILT FOR AN AILING PARENT OR SOMETHING LIKE THAT. THAT WAS PROBABLY WHY SOME OF THESE THINGS MAY HAVE BEEN ALLOWED. I MEAN, IF WE HAVE NO HISTORY ON IT, WE DON'T KNOW WHY THEY WOULD HAVE IGNORED THE 50 FEET ON THAT STRUCTURE. UM, I MEAN, NOT, NOT KNOWING THAT, YOU KNOW, WELL, NO, I KNOW, I KNOW YOU, YOU COULDN'T POSSIBLY BRING HERSELF UP TO SPEED AND THE AMOUNT OF TIME, UM, I, AND I DID AS MUCH RESEARCH ON THE PROPERTY AS I COULD. I WENT ON THE WARREN COUNTY GIS. I PULLED THE, UH, I PULLED THE PROPERTY CARDS, ALL OF THAT, BUT NOTHING REALLY GIVES YOU ANY DATES AND NO TIME WHEN THIS WAS DEALT OR ANYTHING LIKE THAT. SO, UM, SO THAT WAS ONE ISSUE. THE OTHER WAS WITH THIS APPLICATION, UM, QUESTION THREE, MY PROPERTY WAS ACQUIRED IN GOOD FAITH, WHICH I ABSOLUTELY BELIEVE WITH NO, FOR KNOWLEDGE, THE RESTRICTIONS UPON IT. SO IF THIS WAS THE PLAN TO SUBDIVIDE THESE PLOTS, YOU, YOU HAD TO HAVE KNOWN SOMETHING. COULDN'T, I MEAN, THESE WERE THESE, THIS IS A UNIQUE PROPERTY. I MEAN, THEY ARE REALLY CLOSE TO ONE ANOTHER. UM, SO, UM, YOU KNOW, AGAIN, IF, IF THAT'S THE IDEA OF WHERE WE'RE GOING TO GO IN AND CREATE TWO LOTS, UM, OBVIOUSLY FROM AN INVESTMENT STANDPOINT, YOU'RE GOING TO DOUBLE DOWN ON YOUR MONEY. UM, WHAT SEEMINGLY, IF YOU CAN FIND SOMEONE TO BUY IT, LOCKED THAT CLOSE, UM, THAT'S WHAT HAS TO BE CONSTRUCTED, UM, TO PROVIDE SOME DEGREE OF PRIVACY, BUT THAT'S NOT MINE. YES. MA'AM UM, WELL, EXACTLY. TO ADDRESS YOUR POINT. UM, I THINK IT'S A LITTLE BIT DIFFERENT THAN AN IN-LAW'S SUITE. LIKE IT'S A FULL FLEDGED THREE BED, ONE BATH HOUSE, UNLESS WE, WHICH IS TYPICALLY A LITTLE BIT SMALLER. UM, AND SO, OR LIKE A STORE IT'S VERY DIFFERENT THAN IN LOXLEY OR A STORAGE THAT THESE HOUSES ARE ALREADY LIKE A HUNDRED PERCENT SEPARATE EVEN BEFORE I PURCHASED THEM. AS FAR AS UTILITY IS WATER, I'M NOT SURE WHO GAVE 24 EIGHT, THE ADDRESS POST OFFICE, MAYBE THE TOWN. UM, SO IT'S, IT'S NOT, IT'S, IT'S VERY DIFFERENT THAN IN, OR THIS IS A FULL FLEDGE DETACHED HOME THAT NO, I, I, I KNOW FULL WELL EXACTLY. I UNDERSTAND HER POINT EXACTLY TO THAT. UM, MY GUESS IS THOUGH, TO HAVE A SECONDARY STRUCTURE OF THAT SIZE ON YOUR PROP ON THIS PROPERTY ORIGINALLY, UM, SINCE THIS, YOU KNOW, IF YOU WERE RAISED THIS, UH, THE LINE THAT WAS DRAWN BY THE, UH, UH, SURVEYOR, THAT WAS ONE PROPERTY TO, TO DO THIS WITHIN THE TOWN, GIVEN THE CURRENT CODE. AND I DON'T KNOW THE EVOLUTION OF, OF, OF THIS, THAT STRUCTURE WOULD HAVE TO BE OBVIOUSLY SHORTER. IT CAN'T BE OF THE SAME HEIGHT OR LARGER THAN THE, THAN THE PRIMARY STRUCTURE THERE'S CODES THAT THEY WOULD HAVE HAD TO FOLLOW. THERE'S A REASON WHY THEY WOULD HAVE BEEN GRANTED THIS, THIS ISN'T SOMETHING THAT THEY JUST, YOU KNOW, WILLY NILLY ALLOW TWO HOUSES ON ONE LOT. IT, IT IT'S, UM, OR AT LEAST WITHIN THE TOWN, I THINK, UH, THIS IS, I THINK THE SECOND WE'VE DONE, UM, SINCE I'VE DONE THE MINUTES. YEAH. UM, SO, BUT I I'M JUST SAYING THAT, THAT, YOU KNOW, THERE WAS A, THERE WAS A, SOME RATIONALE GIVEN FOR THIS HOUSE. IT W WASN'T IT THERE'S, THERE'S CLEARLY AN AGE DIFFERENCE. THERE'S A CONSTRUCTION STYLE DIFFERENCE. UM, SO AT SOME POINT 24 ASKS SOMEONE, IF I COULD BUILD THIS BEHIND ME, I'M GUESSING THE WALKWAY BETWEEN THEM WAS THERE TO SERVICE THE NEEDS OF SOMEONE. BUT AGAIN, I'M JUST IMAGINING THIS, THIS ISN'T, AND IT DOESN'T WEIGH IN AT ALL. I'M JUST TRYING TO ALWAYS TRYING TO FIGURE OUT HOW AND WHY WE GET TO THIS DAY. WELL, I THINK ONE REASON WE GET TO THIS DAY, BECAUSE A LOT OF THESE HOUSES AND THAT SECTION AND THE SECTION UP BEHIND MAIN STREET, THEY WERE PROBABLY BUILT BEFORE THERE WAS A CODE TO COVER IT IS WHEN I'M THINKING. OKAY. BECAUSE I KNOW THESE STRUCTURES ARE FAIRLY OLD. [00:15:01] YEAH. SO IT JUST, YOU KNOW, AGAIN, THE POINTS TO CONSIDER, UM, I'M SORRY, I MADE 11, THEN THAT'S PRETTY MUCH ALL I HAVE IS JUST TRYING TO CLARIFY THOSE TWO POINTS. CAUSE AGAIN, AT SOME POINT WE'LL HAVE TO LOOK AT 34 SEAT, UM, OR ASK THE PLANNING COMMISSION TO LOOK AT 34 C BECAUSE THERE IS A, THERE IS A TYPO OF A HUNDRED FEET, WHICH IS SIGNIFICANT. RIGHT. ANYTHING ELSE? OKAY. ANYBODY ELSE? YOU HAVE ANYTHING? I HAVE A QUESTION. SO THE IDEA I HAVE NO PLAN TO SELL. NO, WE'RE, WE'RE RENOVATING, UM, BOTH OF THEM. AND WE HAVE BEEN FOR A LONG TIME, ESPECIALLY THE 24 WEST STONEWALL, THE OLDER STRUCTURE. I'M JUST SAYING THAT IF I WERE EVER TO SELL, THEY WOULD BOTH HAVE TO GO AS A PACKAGE. AND CONSIDERING ONE IS THE HISTORY IS A HISTORIC HOME, 24. I CAME BEFORE THE HISTORIC COMMITTEE AND I THINK IN FEBRUARY OR MARCH AND GOT AN APPROVAL TO CHANGE OUT SOME DOORS. AND I REPLACED ALL THE GLASS. I HAVE, I HAVE NO PLANS TO CELEBRATE. NOW. I'M JUST SAYING THAT IF EVER THE PROPERTY WERE TO BE SOLD, THEY'D HAVE TO GO. THE ONE THAT FACES STONE WALLS, THERE'S TWO ON APARTMENT HOUSE BUT IT USED TO BE A DUPLEX. OKAY. ANYTHING ELSE READY? ANY DISCUSSION ON THIS? CLOSE THE PUBLIC SECTION. I, AGAIN, GOING BACK TO STAFF RECOMMENDATION, UM, THE SENTIMENT SEEMED A LITTLE DIFFERENT TO ME AS WELL. IS THAT INTENTIONAL MEAN? IT JUST SEEMED AS THOUGH YOU WERE USING IT, IT KIND OF SUGGESTED THAT WE GO AHEAD AND APPROVE THEM. PART OF THAT IS I KNOW A LOT OF THE VARIANCES THAT YOU'D LOOK AT, IT'S ACTUALLY GOING TO CHANGE A PHYSICAL DEVELOPMENT OR ALLOWING ENCROACHMENT IN THIS PARTICULAR SITUATION THAT THE PHYSICAL DEVELOPMENT OF THE PROPERTY WILL NOT CHANGE FROM WHAT YOU SEE. IT'S, IT'S, UH, MORE, UH, UH, MATTER THE, UH, THE, UH, THE HARDSHIP FOR WHICH THEY NEED THE RELIEF IS, YOU KNOW, IN THE FUTURE, SHOULD THESE HOMES BE SOLD? IT BECOMES VERY DIFFICULT ON THE BUYER FOR TWO HOMES, UH, ON, ON THIS, ON A SINGLE LOT, BUT IT WILL NOT CHANGE, YOU KNOW, THE BUILT ENVIRONMENT THAT YOU SEE THERE TODAY WILL BE UNCHANGED, UH, BY THE GRANTING OF THE PARENTS IT'S TO FACILITATE THE SUBDIVISION OF THE PROPERTY. YEAH. THAT'S WHAT WE DID SOMEWHERE. THAT'S WHAT WE DID SOMEWHERE. I CAN'T REMEMBER WHERE IT WAS. WE DID ON VIRGINIA AVENUE. THERE WAS, THERE WERE TWO THAT WERE ACTUALLY THERE THEY'RE SEPARATE BUT CLOSE. UM, AND IT WAS ONLY, AGAIN, IT WAS ACTUALLY A FEW FEET. IT WASN'T IN THE LARGER MALE AND THERE WAS A SIDE YARD ISSUE. BUT AGAIN, THERE WAS PLENTY OF INSTANCES. AND, AND, YOU KNOW, IF YOU LOOK AT THE OVERLAY, WE CALL IT THE WOMAN IN THE RED, DIRECTLY ACROSS THE STREET ON LEE STREET, YOU CAN SEE THOSE TWO HOMES THAT ARE, ARE OBVIOUSLY SENDING ON THE SAME LOT. AND TWO 11 AS STRADDLING A LOT, TWO 15 NONCONFORMING, UM, UP THE STREET ON STONEWALL. THERE'S ANOTHER ONE WHERE THERE'S, UM, A PRIMARY AND SECONDARY BUILDING. UM, AND SO I GUESS ONE OF THE BIG QUESTIONS FOR ME IS, AND I THINK YOU, YOU DID SAY IT, BUT I WANT TO BE CLEAR. EACH VARIANCES IS UNIQUE. IT DOES NOT CHANGE NEIGHBORS [00:20:01] LIKE GOING ACROSS THE STREET. THEN WOULD THAT NEIGHBOR THEN BE ABLE TO SAY, WELL, CLEARLY THEY DID IT. I SHOULD GET ONE TOO. AND THEN UP THE STREET, AGAIN, NOT ALL CIRCUMSTANCES, OR I JUST WANT HIM TO HAVE SOMETHING TO CLEAR AROUND THAT. CAUSE THAT, YOU KNOW, SOME OF THIS STUFF, THE WAY I WAS, I GUESS TOLD WAS THAT YOU CREATE PRECEDENT AND ONCE YOU CREATE PRECEDENT, IT, IT OPENS THE DOOR FOR, FOR SIMILAR THINGS TO HAPPEN. SO, UM, YOU KNOW, IF, IF I GUESS THEY DIRECTLY ACROSS THE STREET COULD THEN SUBDIVIDE, UH, YOU KNOW, AND SO ON. AND I JUST WANT TO GET HER, YOU KNOW, OBVIOUSLY IF HE STARTED, YOU KNOW, MANY GROUPS THEMSELVES COULD BUY THREE OR FOUR OF THESE AND SUDDENLY PULL THIS OUT. UM, IF WE WEREN'T CAUTIOUS. SO THAT'S, THAT'S WHY I'M ASKING THE QUESTION. SO THE PROPERTY, THEY ACQUIRED THE STRAIT, THEY COME LIKE MAYBE A YEAR FROM NOW, THEY WANT TO DO THE SAME. DAMN IT HAS. AND THEN THEY MAY HAVE THE ARGUMENT THAT WHILE YOU DID IT FOR BAM, IT HAS TO BE THE EXACT DETAIL, NOT SERIOUS RIGHT NOW. YEAH. AND THAT'S WHY I'M NOT, I'M NOT SAYING THAT YOU WILL NOT HAVE CASES THAT THAT MAY NOT HAVE SIMILARITIES, BUT, BUT TO SAY THAT YOU ACTUALLY ESTABLISHED PRECEDENT, UH, WAS A LITTLE STRONG BECAUSE IT WOULD ONLY BE IF ALL THE FACTS AND CIRCUMSTANCES WERE IDENTICAL, THEN WHAT HAPPENED PRECEDENT, THEN THAT TYPE OF SITUATION, IT'S JUST, I MEAN, WE'VE ASKED PEOPLE TO MOVE SHEDS IS, AND OBVIOUSLY SHUTTING THE HOUSE ARE TWO DIFFERENT THINGS. BUT IF, YOU KNOW, IF YOU'RE TRYING TO MAKE SOMEBODY CONFORM OR, OR WHATEVER, UM, OBVIOUSLY THIS IS A BIGGER DEAL. THE HOUSE WASN'T EVEN CENTERED ON THE LOT. I MEAN, IT MIGHT'VE BEEN WHEN THE STREET WAS ONE LANE OR NARROW OR SOMETHING LIKE THAT. BUT NOW THAT THAT HOUSE IS SO CLOSE TO THE CURB. IT IS, UM, IT DOES, THOSE ARE MY, I GUESS THOSE ARE MY KEY KEY POINTS ON THAT IS, IS THE, YOU KNOW, WANTING TO BE CERTAIN THAT, YOU KNOW, BECAUSE I THINK THIS IS THE, UH, YOU KNOW, AGAIN, AS I SAID, THERE ARE SEVERAL UNIQUE SITUATIONS HERE IN FRONT ROYAL THAT I'VE COME ACROSS AND I CONTINUE TO STUMBLE UPON OUR WORK HERE. UM, BUT THAT WAS JUST ONE OF THE THINGS THAT, THAT I, YOU KNOW, WANT TO BE CERTAIN THAT WE DON'T, I GUESS, CREATE A OPEN DOOR. UM, IF YOU DOOCY, AND I'VE HAD THIS EXPERIENCE BEFORE, IF A BOARD OF ZONING APPEALS START SAYING THAT, YOU KNOW, A RECURRENCE OF THE SAME AREAS, TIME AND TIME AGAIN, WITH FREQUENCY, ACTUALLY THE, OF IT INSTRUCTS THAT, YOU KNOW, YOU'RE SUPPOSED TO COME TO A POINT WHERE YOU STOP GRANTING THAT VARIANCE, BECAUSE IF YOU START SAYING IT WITH GREAT FREQUENCY, THE SOLUTION IS REALLY A LEGISLATIVE ONE. CAUSE OBVIOUSLY THERE NEEDS TO BE SOMETHING DONE WITH THE ORG DOES, RIGHT? AND I'VE SEEN THAT HAPPEN ON A COUPLE OF OCCASIONS WHERE THE BOARD OF ZONING APPEALS NOTIFIED A LEGISLATIVE BODY THAT YOU'RE SAYING THE SAME PARENTS, YOU KNOW, ON A VERY FREQUENT BASIS AND THAT A, YOU KNOW, A LEGISLATIVE, UM, CHANGE, UH, TO THE ORDINANCE IS REALLY REQUIRED TO SOLVE THIS PROBLEM. NOT WITH THIS BOARD IMMEDIATELY TRIED TO DO ANYBODY HAVE A MOTION I'LL PUT OUT EMOTION TO ALL BASED ON THE FACT THAT IT'S NOT GOING TO CHANGE THE TRUCK CHARGE DOES NOT CRASH, MAN. IT JUST CANNOT BE THE, THE LAND PROPERTY THAT'S GOING TO DIVIDE IN TWO HOUSES. I'M BETTING THAT THE NEIGHBORHOODS, WE HAVE SOME CASES THAT ARE THE SAME. SO IT'S NOT GOING TO CHANGE THE LOOK OF THE NEIGHBORHOODS. I PUT A MOTION TO APPROVE THE DRAWINGS. WE HAVE A SECOND FOR THE BRONX. WHERE WERE YOUR EXCEPTIONS, MR. FLORES? I'M SORRY, JUST THAT, UH, THE STRUCTURES ARE NOT GOING TO CHANGE AND NOT BUILDING ANYTHING NEW THAT I'M GOING TO, AS FAR AS WE KNOW, THEY'RE NOT GOING TO TAKE ANYTHING DOWN. IT'S JUST THAT THE LINE PROPERTY IS GOING TO BE INVITED TO HOUSES AND ACROSS AUSTRALIA, WE HAVE THE SAME ISSUE, EVEN THOUGH THEY ARE NOT ASKING FOR WHAT A LOT TO BE SOMETHING THAT WE SEE THAT IN AGGREGATE. THEY'RE DEFINITELY NOT GOING TO TAKE AWAY [00:25:01] THE FACT THAT THERE'S LOTS OF HOUSES ON TOO, TOO LARGE OR TOO, WAIT A SECOND FOR HIS MOTION ANYWHERE. CERTAINLY NOT CHANGING THE USE OF THIS. SO I THINK THAT, YOU KNOW, GIVEN WHAT'S THERE, I THINK IT'S SOMEWHAT REASONABLE TO, TO CONSIDER THAT WE COULD ALLOW A PROPERTY LINE TO SUBDIVIDE THIS IT'S OKAY. ALL IN FAVOR. ALRIGHT. ALRIGHT. ALRIGHT. OKAY. THAT'S IT FOR THIS MEETING TO ADJOURN AND WHAT DO WE HAVE? WE HAVE ONE MORE ELECTRONIC, UH, OR WHAT DOES THIS HAVE TO BE RIGHT NOW? I MEAN, NOT I'LL ALLOW THAT, I GUESS IS WHAT I'M SAYING. WELL, HAVE YOU HAD A CHANCE TO READ IT? IS THIS STAYS ON SOME CONCERNS THAT WE HAD FROM, UM, I REMEMBER, I DON'T REMEMBER THE NAME, BUT SOMEONE SIDE THAT THEY WENT TO MORE JAEGER. YEAH. AND THIS IS REALLY SOMETHING THAT CAME THROUGH THE STATE AND IT WAS SOMETHING, AS FAR AS THE STATE TRYING TO, WE OPEN IN A GRADUAL TYPE BASIS, THIS WAS A POLICY THAT WAS AFFORDED TO LOCAL PUBLIC BODIES. THIS WAS FIRST ENERGIZED TO THE TOWN COUNCIL, UH, BY THE TOWN ATTORNEY. AND WHAT IT DOES IS IT ALLOWS PUBLIC BODIES. UH, IF THEY HAD TALKED TO THIS POLICY TO ALLOW APPS OF MEMBERS TO PARTICIPATE BY TELEPHONE, UH, IT'S PURELY DISCRETIONARY. AND IT, UH, THIS POOR BEING A PUBLIC BODY, UH, WOULD BE, UH, ELIGIBLE TO ADOPT THIS POLICY. UH, A COUPLE OF MAIN POINTS IS THAT THERE'S TWO PROVISIONS FOR WHICH A PERSON COULD BE ABSENT OR QUALIFY UNDER THIS ONE IS FOR MEDICAL OR HEALTH, UH, REASONS, UH, OF THEMSELVES. AND I BELIEVE EVEN, UM, UH, FAMILY MEMBERS AND ALSO FOR PERSONAL MATTERS, THE NUMBER OF MEETINGS THAT A PERSON COULD MAKE, UH, COULD MISS, UH, AND PARTICIPATE REMOTELY FOR MEDICAL OR HEALTH REASONS OR EVEN FOR DISABILITY. UM, THERE, THERE IS NO LIMIT THAT THEY COULD PARTICIPATE REMOTELY, UH, FROM ALL MEETINGS THAT THEY QUALIFIED UNDER THAT THE NON-ATTENDANCE FOR PERSONAL MATTERS IS LIMITED TO NO MORE THAN TWO A YEAR, BUT UNDER NO CIRCUMSTANCE, WOULD THE PUBLIC BODY BE ABLE TO HAVE A MEETING AT WHICH A, A FORM OF THE MEMBER WAS NOT PHYSICALLY PRESENT. SO THAT HAS TO BE ESTABLISHED THAT THERE'S A MEETING PERIOD. AND THEN SOMEONE COULD REMOTELY LINKEDIN. YEAH. LIKE FOR THE PURPOSES OF THIS BOARD, UM, YOU, YOU WOULD HAVE TO HAVE AT LEAST THREE MEMBERS PRESENT. AND THEN IF YOU HAVE THREE MEMBERS PRESENT THE TWO WHO WERE NOT, IF THEY QUALIFIED FOR ONE OF THESE REASONS, THEY WOULD BE ELIGIBLE TO PARTICIPATE REMOTELY IN THE MAINTENANCE. BUT YOU KNOW, IT'S NOT GOING TO BE A SITUATION WHERE THERE'S ONLY GOING TO BE ONE OR, OR TWO OF YOU, OR NONE OF YOU THERE STILL HAS TO BE A PHYSICAL FORM PRESENT UNDER THIS POLICY. SO THE CONDITION, THE NUMBER TWO, DUE TO THE HEALTH REASON THAT DOESN'T APPLY TO SOMEONE THAT I'M JUST CONCERNED ABOUT BEING HERE, BECAUSE, WELL, NUMBER ONE KIND OF TOUCHES ON THAT. UM, UNDER, I THINK IT'S B SORRY, NUMBER TWO, EXCUSE ME, NUMBER TWO, YOU GUYS KIND OF TOUCH ON THAT, BUT THEY, THEY SAY IF THEY HAVE AN UNDERLYING HEALTH CONDITION THAT THAT PANDEMIC COULD SPECIFICALLY INTRODUCE THEM TO DANGER. UM, BUT ONE OF THE THINGS I DID NOTICE IS THAT THERE, THERE WAS A, UM, IN NUMBER THREE, THERE WAS PARTICIPATION BY A MEMBER PURSUANT TO THIS SUBDIVISION IS LIMITED EACH CALENDAR TO MEETINGS. THERE'S NO LIMIT TO THE TOP. THAT THAT'S THE FIRST ONE, CORRECT. THAT'S CORRECT. THAT, THAT WAS ACTUALLY, THERE WAS SOME DISCUSSION, UH, ON THAT MATTER WHEN THE PLANNING COMMISSION REVIEWED THE SAND, UH, THE REASON THEY, UH, UH, FOR THAT IS THAT IT DOES HAVE A FOCUS ON MEDICAL AND HEALTH REASONS. [00:30:01] BUT IF YOU SAY, YOU KNOW, UNDER, UNDER B IT TALKS ABOUT TEMPORARY OR PERMANENT DISABILITY. SO A PERSON WITH A PERMANENT DISABILITY WOULD BE AN EXAMPLE THAT AS LONG AS THEIR TERM WAS THERE, THAT YES, THEY, THEY, THERE WOULD BE NO LIMIT. AND IT'S BECAUSE IT DOES INCLUDE DISABILITY. AND THIS COVERS MIKE FAMILY MEMBERS TOO THEN TO LIMITED TO THE, TO THE, TO THE MEMBER IS TO THE MEMBER. SO THIS, THAT WOULD QUALIFY, I GUESS, AS A PERSONAL REASON, MEDICAL REASON. SO THERE'S A, THERE'S IN CLAUSE THREE. THEN IF YOU'RE CARING FOR A FAMILY MEMBER THAT WOULD, THAT WOULD THEN BE A PERSONAL REASON FOR, FOR NINE AND 10, THEN YOU UNDER THE PERSONAL MATTERS THAT CAN BE PROMOTION. I MEAN, JUST PERSONAL MATTER. I MEAN, YOU HAVE YOUR NAME ON VACATION, YOU KNOW, W WOULD QUALIFY FOR, UH, FOR THAT. SO YES, A YEAR IT'S ON LIMITED, UH, IN TERMS OF THE REASON FOR PERSONAL MATTERS, BUT, UM, FOR THE, FOR THE HEALTH REASON RATE RATING THROUGH THE SUBSECTIONS, AGAIN, IT LOOKS LIKE ALL THE LANGUAGES SPECIFIC TO THE MEMBER OF THE PUBLIC BODY. THIS CAME WHEN WE'RE READING HERE, CAME FROM THE STATE. YEAH. AND, AND AS FAR AS, YOU KNOW, CAUSE THERE WAS DISCUSSION ALSO ABOUT THE, WITH THE PLANNING, YOU KNOW, COULD CERTAIN LANGUAGE BE CHANGED OR ADDED AND, AND, AND THE TOWN ATTORNEYS, UM, UH, RENDER AN OPINION ON THAT, THAT THIS POLICY HAS TO BE ADOPTED AS PRESENTED OR NOT ADOPTED, BUT IT CANNOT BE CHANGED OR MODIFIED PROBABLY A LITTLE DEAL ON RURAL. YEAH. THIS IS THE POLICY BY, BY THE STATE, NEITHER, YOU KNOW, YOU ACCEPT AND ADOPT THE POLICY OR, OR, OR SO PERSONAL REASONS WOULD ALLOW YOU TO MEETINGS TO LINKED IN OR NESS. UM, ALTHOUGH MISSING IS, I DON'T ACTUALLY KNOW THE ATTENDANCE POLICY FOR OUR BOARD. THIS IS ALLOWING YOU TO LINK IN ELECTRONIC, UM, AND STILL BE COUNTED AS HERE. WE WANT TO SAY IT'S, UM, THREE CONSECUTIVE MEETINGS. I'D HAVE TO DOUBLE CHECK THAT IN THE BYLAWS. THIS IS JUST TO, AGAIN, TO ALLOW, UM, THE MEMBER, IF THEY WANTED TO STILL PARTICIPATE AND BE COUNTED AS, AND, UM, IT ALLOWS THEM TO, TO REMOTELY LINK LINCOLN. UM, BUT THEN THE ATTENDANCE POLICY FOR THE BOARD IS ESSENTIALLY THAT 30 MINUTES CONSECUTIVELY, IF YOU ASKED, UM, THIS WOULD OVERRIDE THAT THERE'S SEPARATE ISSUES, THAT, THAT IS THAT ATTENDANCE IN ITSELF. LIKE NOT, NOT AT THE NAME ON THE PHONE OR PRESENT THAT, THAT'S WHAT THAT IS, BUT THIS WOULD ALLOW YOU TO ATTEND, YOU KNOW, FROM ANOTHER LOCATION BY PHONE, FOR THOSE REASONS THAT ARE GRANTED, YOU KNOW, FROM THE STATE. BUT IF YOU CAN'T DO THAT OR ATTEND THE MEETING, THEN YOU'RE JUST ABSENT FROM THE MEETING YOU MAY HAVE, THIS WOULD JUST PROVIDE A METHOD, UH, TO ALLOW NUMBERS, TO PARTICIPATE, UH, ELECTRONICALLY IT APPS, BUT IT WOULD NOT SUPERSEDED THE CHANGE. UM, YOU GET YOUR OWN BYLAWS WHEN IT CAME [00:35:01] TO, UM, 10 YEARS. OKAY. THIS PERSON WANTS TO THEY PROVIDED IT WILL BE JUST LIKE A NUMBER FOR THEM TO CALL. I'VE BEEN, I THINK WE'RE LOOKING PROBABLY JUST TELEPHONIC, YOU KNOW, I MEAN, CAUSE WE, WE PRIVATE CENTRAL TELEPHONE AND THEY COULD JUST PARTICIPATE BY PHONE. WE'VE NOT DONE IT YET, SO IT WILL SET US UP FOR IT. OKAY. OKAY. SO I GUESS I'LL MAKE A MOTION THAT WE ACCEPT THIS AS WRITTEN, IS THIS OUR POLICY, THE SECOND PAGE AND THIRD, IT WOULD BECOME, YOU KNOW, YOUR, YOUR POLICY, BECAUSE LIKE I SAID, UM, EACH, EACH PUBLIC BODY, YOU HAVE TO DECIDE WHETHER OR NOT IT WISHES TO ADOPT THIS POLICY OR NOT. SO THIS WOULD BECOME A POLICY FOR THE, UH, FOR THE BOARD OF ZONING APPEALS. I THINK IN MY EXPERIENCE, THE WORST OF THAT IS JUST WHEN WE EVEN CORE. I MEAN, I SECOND THE MOTION TO APPROVE, AND THEN I JUST HAVE ONE LAST THING CLEANING UP. DO WE HAVE TO MAKE A MOTION THAT SOMETHING HAPPENS TO THAT WITH THAT TITLE? OR IS THAT SOMETHING THAT WON'T BE HANDLED OR ARE YOU TALKING ABOUT THE 34 C AND IT WAS A HUNDRED FOOT LOT WITH, YEAH. I MEAN, I DON'T KNOW IF THAT IS A PIPE UP BECAUSE THAT'S, UM, THINK WE CAN CHANGE IT. I JUST THINK THAT EITHER YOU HAVE TO SEND THE NOTE UP THE FLAGPOLE OR WE HAVE TO MAKE A MOTION THAT WE RECOMMEND THAT THEY DO IT. SO I'M JUST, I MEAN, WHAT, WHAT DO YOU BELIEVE TO BE THE, TO BE THE AIR? I JUST DON'T. I MEAN, THE WEBSITE IS WHERE I USUALLY GO TO THE TOWN CODE. CAUSE SOMETIMES IT GETS UPDATED WITHOUT, YOU KNOW, KNOWLEDGE OR AT LEAST MINE. YEAH. I MEAN, I KNOW THAT THE CORNER LOT, YOU KNOW, IT'S NOT UNUSUAL FOR A CORNER LOT TO HAVE A LARGER LOCK WITH THAT A NORMAL LOT BECAUSE YOU, NO, IT JUST SAYS 200 FEET AND THEN IT SAYS 100 NEXT TO IT. SO I JUST, YOU KNOW, WE HAVE TO KNOW WHICH ONE WE'RE TRYING TO. AND THAT WAS 34 C A ONE 75 DASH 34 C ONE MORE TIME. I DROPPED US THAT CORRECT. WE REFERRED TO THE ONE 75, 34, A AND B AND THEN ONE 75 37 C. AND BECAUSE THIS IS FOR OUR THREE CORNER LOT, WHERE ARE YOU FUCKING IN THIS SECTION? RIGHT HERE, THE YARDS, THE REGULAR YARD. AND THEN THAT'S WHAT IF IT WAS THE OTHER ONE? LET ME JUST PULL IT LIKE A MINE AGAIN. I'M PULLING IT THE WEBSITE. CAUSE I ASSUME THAT THAT WOULD BE THE MOST CURRENT VERSION, BUT SORRY GUYS, UM, PRINTED OFF THE WEBSITE AND I PRINTED THAT FOR YOU. SO IT WOULDN'T MAKE ME AS A MATER COOPERATE WITH ME HERE. I'LL LOOK AT IT LATER AND SEND YOU AN EMAIL. OKAY. THAT'D BE, UM, YEAH, IT MAY JUST NEED THE REAL CLEANER COPIES. AND WHEN I DO WHAT I'M LOOKING AT, THAT'S ALL. OKAY. MOTION TO ADJOURN. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.