* 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. [00:00:03] GOOD AFTERNOON. I'D LIKE TO CALL THE ORDER THE MAY 19TH, 2025 MEETING OF THE BOARD OF ZONING APPEALS FOR GLAND COUNTY. MS. PARKER, DO WE HAVE A QUORUM THIS AFTERNOON? YES, SIR. MR. CHAIRMAN, WE HAVE A QUORUM. OUR VARIANCE HEARING THIS EVENING IS IN DISTRICT ONE VAR 20 25 1 ERIC EUGENE THOMPSON AND PAMELA LEE THOMPSON REQUEST A VARIANCE OF THE FRONT YARD SETBACK REQUIREMENTS OF SECTION 15,000 1 93 OF THE COUNTY CODE FOR THE CONSTRUCTION OF A DECK WITH A ROOF. THE 2.72 ACRE PROPERTY IS ZONED AGRICULTURAL GEN GENERAL A ONE, AND LOCATED AT 3 9 5 1 COUNTY LINE ROAD ON TAX MAP NUMBER 5 1 0 3 0. THE COMPREHENSIVE PLAN DESIGNATES THE PROPERTY RURAL ENHANCEMENT AREA. THANK YOU, MS. PARKER. WOULD THE APPLICANT PLEASE COME FORWARD AND PROVIDE YOUR PRESENTATION? WOULD YOU, YOU HAVE, YOU HAVE 10 MINUTES TO SPEAK AT THE PODIUM, AND YOU'LL NOTICE THAT THERE'S A LIGHT SYSTEM WITH THOSE LITTLE, OOPS, EXCUSE ME, WITH THOSE LITTLE GLOBES. SO THE LIGHT, THE GREEN LIGHT INDICATES THAT YOU CAN, OF COURSE, BEGIN TO SPEAK. THE YELLOW LIGHT INDICATES THAT YOU HAVE ONE MINUTE, AND THEN OF COURSE, THE RED LIGHT INDICATES THAT YOUR TIME HAS EXPIRED. YOU CAN GO AHEAD WITH YOUR PRESENTATION. THANK YOU. THANK YOU. UM, I WAS GONNA JUMP UP AND FOR THE RECORD, COULD YOU PLEASE ALSO STATE YOUR NAME AND ADDRESS AS WELL? UH, ERIC EUGENE THOMPSON, 3 9 5 1 CANLINE ROAD, UH, CANLINE, WHAT IS IT? ROAD, CANLINE ROAD. KEN STORE, VIRGINIA. YEAH. UM, WHEN WE, UM, WHEN WE PUT THE PORCH ON, IT WAS, IT WASN'T, UM, WE WASN'T TRYING TO BE MALICE OR ANYTHING. UH, MY, MY LITTLE GRAND BOY, FOUR YEARS OLD, HE WAS TRYING TO FOLLOW ME AND, UH, HE, HE GRABBED THE RIGHT HAND RAIL IN THE, IN THE RAIL GATEWAY WAY. AND HE, HE HAD TO JUMP AND I MEAN, HE, IT SCARED ME SO BAD, YOU KNOW, THAT I KNEW WE HAD TO, THE, THE, THE BRICKS BROKE. IT WAS A, A BRICK, YOU KNOW, STOOP AND, AND THEY JUST BROKE AND, AND IT JUST OLD FROM JUST BEING OLD. AND, UH, SO WE WERE JUST, WE WERE JUST TRYING TO PUT A PORCH UP, YOU KNOW, IN A, A NICE PORCH. WE WASN'T TRYING TO, WE WASN'T TRYING TO BE FANCY OR ANYTHING, YOU KNOW, NOT FOR EVENTS OR ANYTHING. WE DON'T, WE DON'T HAVE NOTHING LIKE THAT. WE WAS JUST TRYING TO PUT A PORCH ON AND THE, UH, AND THE GUY THAT PUT THE PORCH ON, HE WAS JUST HELPING US, YOU KNOW, AND HE DIDN'T TELL US ABOUT NO, UH, PERMIT. AND LIKE I SAID, WE, WE'VE NEVER ADDED ON, SO I DIDN'T KNOW I NEEDED A, A PERMIT. I DIDN'T ASK NOBODY, BUT YOU KNOW WHAT I MEAN, WE DIDN'T KNOW KNOW. SO WE WERE JUST TRYING TO PUT A PORCH ON A, A, A, A NICE, SPACIOUS PORCH. UM, WE DIDN'T, WE DIDN'T THINK IT WAS HUGE OR ANYTHING, AND IT WOULD BE A PROBLEM. AND, UH, WE NEVER WOULD'VE DID IT IF, IF WE KNEW IT WAS A PROBLEM, SIR. AND, UH, WE APOLOGIZED, YOU KNOW, FOR, FOR, UH, NOT TAKING THE RIGHT STEPS, BUT WE JUST DIDN'T KNOW. AND, AND WE WOULD APPRECIATE IT, YOU KNOW, IF, IF Y'ALL WOULD GIVE US THIS VARIANCE SO WE COULD, YOU KNOW, GET 'EM TO FINISH OUR PORCH. BECAUSE I MEAN, IT, IT, LEAKS AIN'T NO, AIN'T NO ROOFING ON IT. IT'S JUST, JUST THE ROOF THERE. AND IT JUST, JUST BE JUST LIKE, YOU KNOW, JUST YOU OUTSIDE. AND, UH, WE, YOU KNOW, WE APPRECIATE IT. IF, IF YOU GO AHEAD AND LET US HAVE THIS JUST 2.7 INCHES, TWO FEET, SEVEN INCHES, AND, UH, YOU KNOW, SO WE CAN, WE CAN GET IT FINISHED UP AND, AND MOVE ON WITH OUR LIFE. BECAUSE WE, WE HAD A STAND, YOU KNOW, JUST LOOK LIKE WE HAD A STANDSTILL RIGHT HERE. NOW. IT'S BEEN SO LONG. I MEAN, IT'S BEEN SINCE OCTOBER. MM-HMM . AND WHEN THE GUY FIRST CAME AND TOLD ME ABOUT IT, I TRIED TO GET IN TOUCH WITH THE COUNTY AND I CALLED, I'VE DONE PRETTY MUCH EVERYTHING TO TRY TO GET SOME ANSWERS AS FAR AS IF WE HAVE TO TEAR IT DOWN, WHICH IS GOING TO REALLY CAUSE TO TEAR IT DOWN. I MEAN, IT'S, IT'S UP, IT'S JUST BEEN A NO WIN SITUATION. I MEAN, WE'VE BEEN PAYING MONEY FOR THE VARIANCE, THE BUILDING PERMIT. WE EVEN GOT IT SURVEYED OVER AGAIN, AND WE GOT A EMAIL WHEN WE VERY FIRST, YOU KNOW, WHEN THEY VERY FIRST TOLD US ABOUT IT, THAT [00:05:01] WE HAD FILLED OUT THE APPLICATION WRONG AS FAR AS THE DISTANCE ON THE ROAD FROM, YOU KNOW, FROM THE PROPERTY LINE, THE SETBACK. AND THEY WAS LIKE, WELL, SEEMS LIKE TO ME THAT YOU'RE MORE, YOU ARE LIKE 75 FEET FROM, YOU KNOW, FROM THE ROAD, FROM THE SETBACK. AND TURNS OUT 75 FEET IS WHERE WE NEEDED TO BE. AND I DON'T THINK THE COUNTY EVEN KNEW THAT WE WASN'T 75 FEET IF WE HADN'T GOT THE PLOT DONE OVER AGAIN, BECAUSE IT WASN'T EVEN ON THE OLD PLOT. WE TURNED IN A NEW PLOT. WE WOULD JUST APPRECIATE, YOU KNOW, IF, AND I DON'T THINK WE'RE, YOU KNOW, HURTING ANYONE, ANY NEIGHBORS OR ANYONE LIKE THAT ON OUR ROAD. 'CAUSE NOBODY, I MEAN, EVERYONE PRETTY MUCH STAYS TO THEMSELVES. YOU DON'T REALLY SEE ANYBODY, YOU KNOW, OR ANYTHING. WE DON'T HAVE NO TROUBLE WITH NOBODY. NOBODY'S HAVING THE TROUBLE WITH US. WE DON'T HAVE NO ANIMALS JUST RUNNING AROUND TRYING TO KILL SOMEBODY ELSE. CHICKENS OR DOGS OR ANYTHING LIKE THAT. NONE OF THAT. WE JUST, WE JUST GO TO WORK AND, AND WE WANTED, WE JUST WANTED A SAFE PORCH, YOU KNOW, FOR OUR GRANDKIDS. AND, AND IT JUST, YOU KNOW, WE GOT TWO OF THEM, NO BOYS, AND WE JUST, YOU KNOW, WE JUST THOUGHT WE WAS PUTTING UP SOMETHING NICE, YOU KNOW, FOR THE SET OUT AND BE CORDIAL. BUT, UH, LIKE I SAY, WE, WE DIDN'T KNOW. WE DIDN'T KNOW IT WAS GONNA BE A PROBLEM. WE DID. WE, YOU KNOW, WE EITHER, WE WOULD'VE DONE SOMETHING ELSE, BUT WE NEEDED A NEW PORCH THAT THIS PORCH CRUMBLED DOWN TO NOTHING. I, I DON'T, WE DIDN'T TAKE NO PICTURES BECAUSE I DIDN'T, I DIDN'T KNOW, YOU KNOW, I DIDN'T TAKE, TAKE NO PICTURES OF IT, BUT IT, IT, IT, THE WHOLE HAND RAIL, THE RIGHT HAND RAIL, IT CAME OFF. IT CAME OFF AND THE, AND THE, UH, BRICKS DOWN ON THE, ON THE BOTTOM AND BOTTOM STEP WHERE THE, WHERE THE, UH, WHERE THE OTHER, UH, LEG GOES IN AT THE FOOT, UH, THAT, THAT JUST CRUMBLED. IT, IT WAS LIKE THREE OR FOUR BRICKS CAME OFF OF THAT. AND, AND THE WHOLE SIDE OF THE TOP CAME OFF, CAME OFF UP AT THE TOP WHERE THE, WHERE THE TOP HAND RAIL WAS. AND, UH, IT WAS, IT WAS JUST, YOU KNOW, WE JUST NEEDED A NEW PORCH. IT WAS JUST, THAT WAS BEYOND REPAIR. UH, WE, WE JUST NEEDED A, A NEW STOOP AND, BUT THIS GUY WAS DOING IT AT A GOOD PRICE, YOU KNOW, PUTTING US UP A, A, A NICE PORCH AT A GOOD PRICE. SO WE JUST THOUGHT, YOU KNOW, THAT WOULD, THAT WOULD BE FINE. MM-HMM . BUT WE GOT STOPPED. WE APPRECIATE IF Y'ALL LET US CONTINUE AND, AND DON'T MAKE US TIRED DOWN. UH, THAT'S A, THAT'S, THAT'S AN AWFULLY NICE BOARD TO HAVE TURNED AWFULLY. NICE. YOU GOT ANYTHING ELSE? THANK YOU VERY MUCH. THANK YOU. APPRECIATE IT. ARE THERE ANY QUESTIONS, UH, FROM THE BOARD TO THE APPLICANT? UM, ON, ON BEHALF OF THE, I HAVE A COUPLE OF, THERE'LL BE A, THERE'LL BE A OPPORTUNITY FOR THAT MM-HMM . LATER. UM, NOT AT THE MOMENT. JUST GIVE US A MINUTE. AND AGAIN, ANY QUESTIONS FROM THE BOARD TO THE APPLICANT? I GUESS I HAVE ONE QUESTION. YOU CAN, YOU CAN SIT DOWN, THAT'S FINE. UM, YOU CAN ANSWER FROM THERE. IN TERMS OF THE PORCH ITSELF, UM, OBVIOUSLY IT IS A LARGER ADDITION, A DIFFERENT ADDITION TO YOUR PROPERTY VERSUS, UH, WHAT IS SHOWN ON EXHIBIT D, WHICH IS ON OUR, I THINK, NEXT TO OUR LAST PAGE ON THE APPLICANT APPLICATION. UM, MS. PARKER, SO MY QUESTION IS, HOW MUCH VALUE, UM, OR DO YOU THINK, OR DO YOU KNOW HOW MUCH VALUE THIS NEW PORCH HAS ADDED OR WILL ADD TO YOUR PROPERTY? AND SECOND QUESTION, UNLESS SOMEBODY ELSE HAS A QUESTION. UM, HOW I, I'M SORRY, MS. SHERRY, COULD YOU THANK YOU FOR THAT PICTURE. COULD YOU GO BACK TO THE [00:10:01] ORIGINAL SNAPSHOT THAT WAS ON THE SCREEN? UM, I DON'T KNOW HOW TO DO THAT. , ACTUALLY, WE WANNA GO BACK TO, UM, THE FIRST PICTURE, SIR. THOMPSON'S PICTURES, I THINK. YES. SO MY QUESTION IS WITH THAT, FROM LOOKING AT THAT FIRST PICTURE, WELL, ACTUALLY IT'S THE SECOND ONE. YEAH, THAT ONE. SO HOW FAR, YOU SAID THERE'S NO ROOF ON IT, SO YOU HAVEN'T PUT THE SHINGLES ON YET, RIGHT, ON IT? SHINGLES, NO SHINGLES. OH, OKAY. SO IN TERMS OF COMPLETION, YOU NEED TO PUT SHINGLES ON AND WHAT ELSE? HANDRAILS RIGHT? OKAY. THE PORCH IS NOT TIGHTEN DOWN, NOT, YOU KNOW, QUITE TIGHT. MM-HMM . SO YOU, SO CURRENTLY YOU'RE NOT ENTERING AND EXITING FROM THAT DOOR? YES, SIR. YOU ARE? OKAY. ALRIGHT, THANK YOU. ANY OTHER QUESTIONS? ANY QUESTIONS? I HAD A QUESTION. UM, MS. THOMPSON, I THINK YOU MENTIONED AN OLD PLOT WITH DIFFERENT DIMENSIONS. COULD YOU ELABORATE ON THAT? WELL, IT WAS AN OLD PLOT THAT WHEN, UM, WE CAME TO GET THE BUILDING PERMIT ITSELF MM-HMM . I WENT OVER TO THE COUNTY OFFICE. THEY PROVIDED ME A PLOT, BUT I JUST, THAT ONE IN, AND I DON'T, I DON'T KNOW EXACTLY WHAT THEY DID WITH IT, BECAUSE IT WAS LIKE, TELL WHERE THE HOUSE WAS FAR AS ON THE PLOT. SO THE OLD PLOT DIDN'T SHOW DIFFERENT DIMENSIONS? NO, NO. IT DIDN'T SHOW ANYTHING. IT DIDN'T SHOW ANYTHING. SO IT DIDN'T SHOW YOUR HOME, IT DIDN'T SHOW WHERE THE HOUSE WAS ON. SO IT PREDATED YOUR HOUSE BEING PUT ON THE LOT. YEAH. OKAY. I HAVE A QUESTION ALSO. DURING THE BUILDING PROCESS, AT WHAT POINT IN TIME DID YOU GO TO GET THE BUILDING PERMIT, OR WHAT WAS BROUGHT TO YOUR ATTENTION TO GET A BUILDING PERMIT? UM, SOMEONE CAME OUT AND, UH, PUT A, PUT THE, UH, UH, STOP WORK SIGN ON IT. AND, AND, UM, WE FOUND OUT WHAT WE HAD TO DO. AND SO WE PROCEEDED TO GET, GET THE BUILDING PERMIT, AND THEN WE GOT THE, UH, UM, SAW TEST AND, UH, UH, THEN THE, WE HAD TO GET THE PLOT. OKAY. SO THE, THE COUNTY DID VISIT YOU IN THE BUILDING PROCESS? YES. THAT'S HOW THAT GOT INITIATED? YES. OKAY, THAT'S WHAT I WAS WONDERING. THANK YOU. MM-HMM . ANY QUESTIONS? ANY OTHER QUESTIONS? I MEAN, UH, MY OPINION, THIS IS A VERY NICE ADDITION AND, UH, IT, IT WILL, I MEAN, IT WILL PROSPER, YOU KNOW, MAKE THE, MAKE THE HOUSE NEIGHBORHOOD LOOK, LOOK BETTER, IT FOOT IT FOOTED, UH, OF A GREATER APPEARANCE, YOU KNOW, TO ENHANCE THEIR APPEARANCE OF, OF, OF THE PLACE. WE DON'T PLAN ON SELLING. NO, WE AIN'T GOING. NO WAY. NO . ALL RIGHT. THANK YOU. MM-HMM . MS. KEMP AND MS. SHERRY, WOULD YOU PLEASE COME FORWARD WITH YOUR PRESENTATION? EXCUSE ME. THANK YOU, MR. CHAIRMAN, MEMBERS OF THE BZA, I'M JAMIE SHERRY, I'M DIRECTOR OF COMMUNITY DEVELOPMENT. UH, THIS AFTERNOON'S VARIANT APPLICATION IS BY ERIC AND PAMELA THOMPSON, WHO JUST PRESENTED, UM, THEY'RE REQUESTING RELIEF OF THE FRONT YARD SET SETBACK TO THE AGRICULTURAL GENERAL ZONING DISTRICT. THE VICINITY MAP SHOWS THE LOCATION OF THE PROPERTY IN THE RED CIRCLE. THE ZONING MAP SHOWS THE PROPERTY ZONED AS AGRICULTURAL GENERAL AS ARE A MAJORITY OF THE ADJACENT PROPERTIES. THERE IS A PORTION OF THE PROPERTY THAT APPEARS TO TOUCH, UM, ANOTHER PARCEL, WHICH IS ZONED, UH, RESIDENTIAL RURAL. UH, THE AERIAL PHOTO SHOWS THE SUBJECT PROPERTY OUTLINED IN NET RED, AND I THINK IF YOU COULD SEE, UM, THE DWELLING IS LOCATED TO THE NORTH OR MOST PART OF THE PROPERTY, UM, WITHIN THAT CLEARED AREA WHERE THE HOUSE IS LOCATED, AS WELL AS, UM, A YARD AREA. THE REST OF THE PROPERTY IS WOODED. SO THE APPLICATION APPLICANT, EXCUSE ME, IS REQUESTING A VARIANCE TO THE AGRICULTURAL GENERAL, A ONE ZONING DISTRICT STANDARDS FOR THE FRONT YARD SETBACK. THE REQUEST IS FOR A 3.7 FOOT VARIANCE TO THE 75 FOOT PRINCIPAL STRUCTURE. FRONT YARD SETBACK REQUIREMENTS, 75 FEET IS THE STANDARD FRONT SETBACK FOR A PRINCIPAL STRUCTURE FRONTING ON A SECONDARY ROAD. WITHIN THE A ONE ZONING DISTRICT, [00:15:01] THE APPLICANT IS SEEKING A VARIANCE, UM, OF 15 DASH 4 93 OF THE COUNTY CODE. THE SETBACK RE REQUEST IS SPECIFICALLY FOR A COVERED DECK BUILT WITHOUT A BUILDING PERMIT, WHICH IS APPROXIMATELY 200 SQUARE FEET. IT SHOULD BE NOTED AS STATED BY THE APPLICANT. UM, THE BUILDING INSPECTIONS BECAME AWARE OF THE CONSTRUCTION JUST BY PASSING BY. THERE WASN'T A COMPLAINT OR ANYTHING. UM, AND THAT'S WHEN THEY, UM, UH, DID THE STOP WALK ORDER. THE APPLICANT DID COME IN AND FILL OUT A BUILDING PERMIT. I KNOW THERE WAS SOME CONFUSION AS FAR AS WHAT THE, WHAT THE PLAT ACTUALLY SAYS. SURVEY PLATS ARE REQUIRED, UM, FOR ANY BUILDING PERMIT WHEN IT IS A BUILDING PERMIT THAT IS QUESTIONABLE UNDER 10 FEET. WE DO REQUIRE SURVEY LOCATION, MEANING THAT'S WHY THEY HAD TO GO OUT AND, UM, AND HAVE THE PROPERTY SURVEYED. THAT WASN'T JUST FOR THE VARIANCE. THAT'S WITH ANY BUILDING PERMIT THAT'S BROUGHT IN UNDER THOSE CIRCUMSTANCES. OKAY. UM, UH, ON THIS SLIDE IS EXHIBIT A, WHICH HAS BEEN MARKED UP WITH THE RED. THIS IS WHAT WAS, UH, PRESENTED BY THE APPLICANT. AND YOU CAN SEE THERE IS A RED CIRCLE THERE, AND YOU CAN BARELY, UH, READ WHAT IS ON THERE ON THE SCREEN, BUT IT IS, UM, SHOWING THAT THE PROPERTY IS FROM THE PROPERTY LINE TO THE STOOP IS OR TO, YEAH, TO THE, THE ACTUAL, UM, COVER OF THE STOOP IS 71.3, UM, FEET TO THE PROPERTY LINE. SO IT IS SHOWING THAT IT IS LESS THAN THE 75 FEET REQUIREMENTS. THESE ARE THE PICTURES TAKEN UNDER, UH, OF THE PORCH UNDER CONSTRUCTION. UM, THERE IS A COVERED PORCH AS, AS WAS NOTED, AS WELL AS STEPS GOING OFF TO THE SIDE, AND THEN THE RAILINGS AROUND, AROUND THE DECKING. SO JUST A LITTLE BIT OF BACKGROUND PRIOR TO THE CONSTRUCTION, UM, WAS UNDERTAKEN BY THE APPLICANT. THERE WAS A FRONT STOOP. AND, UM, I DO HAVE SOME PICTURES, UH, THAT WILL SHOW THAT, UM, IN FUTURE SLIDES, UH, THE STOOP IS APPROXIMATELY 20 SQUARE FEET, FOUR BY FOUR, UM, WITH SOME STEPS GOING OFF THE SIDE. UM, WE HAVE SOME, UH, PICTURES THAT I WILL BE SHOWING YOU. THOSE ARE FROM THE REAL ESTATE ASSESSORS FILES. UM, AND IT SHOWS WHAT THE, THE BUILDING AS WELL AS THE SKETCH LOOKED LIKE PRIOR TO THIS CONSTRUCTION. UH, THE GLAND CO COUNTY CODE DOES ALLOW FOR STEPS TO PROTRUDE, UM, THREE FEET OUTSIDE OF THE SETBACK. UH, IT DOES NOT REQUIRE, IT DOES NOT INCLUDE ANY LANDING OR ANY OF THE, UM, THE, UM, THE CONSTRUCTION THAT WAS SHOWN ON THERE WITH THE EXCEPTION OF THE STEPS. OKAY, SO ON THE TOP IS THE SKETCH THAT WE DID RECEIVE THE, UM, FROM THE ASSESSOR'S RECORDS, IT'S KIND OF HARD TO SEE ON THERE, BUT IT DOES SHOW, UH, THE EXISTING DWELLING WITH, UH, THE, THE STOOP AS STEPS SHOWING THE, THE MEASUREMENTS ON THERE. UM, SO IT SAYS, WITH THE STEPS SHOWN, PROJECTING APPROXIMATELY TWO FEET OUTSIDE THE STEP, STEP BACK. SO THERE WAS ACTUALLY NOT A THREE FEET ALLOWANCE. THEY ONLY WENT TWO ON THAT. THE APPLICANT IN THE APPLICATION STATED THE ACTIVITY BEGAN AS THE STOOP WAS IN, UH, NEED OF REPAIR. AS YOU CAN SEE IN THIS PICTURE, IT WAS PROBABLY AN OLDER PICTURE. IT DOESN'T SHOW THAT IT WAS IN, UH, UH, IN, IN DISREPAIR, WHICH IS, YOU KNOW, SOMETHING. WE DO BELIEVE THAT THIS IS TO SHOW PRIOR TO THE DAMAGE WHAT IT WOULD LOOK LIKE. SO VIRGINIA CODE SECTION 5.2 2309, AND THE GOLAND COUNTY CODE SECTION 15 4 93 SET FORTH THE REQUIREMENTS AND FINDINGS FOR GRANTING A VARIANCE, UH, WHICH ARE AS FOLLOWS. SO ON THE LEFT HAND SIDE, IT SHOWS THAT ONE OF THESE STATEMENTS MUST BE TRUE IN ORDER FOR YOU TO GRANT A VARIANCE. UM, THE STRICT APPLICATION OF THE ZONING ORDINANCE, OR, UH, WOULD REASONABLY RE UNREASONABLY RESTRICT THE UTILIZATION OF THE PROPERTY, OR THAT THE GRANTING OF THE VARIANCE WOULD ALLEVIATE A HARDSHIP DUE TO A PHYSICAL, UM, CONDITION THAT'S RELATED TO THE PROPERTY OR IMPROVEMENTS THEREON, OR THAT GRANTING OF REASONABLE MODIFICATIONS TO THE PROPERTY OR IMPROVEMENTS THEY'RE ON REQUESTED BY OR ON BEHALF OF A PERSON WITH DISABILITIES WOULD ALLEVIATE A HARDSHIP RELATED TO THE DISABILITY. ON THE RIGHT HAND SIDE, THIS TALKS ABOUT THE FINDINGS, AND PLEASE NOTE BOTH THE STATE CODE AS WELL AS THE LOCAL, OUR LOCAL GO GLIN COUNTY CODE STATES ALL FINDINGS. ALL OF THESE MUST BE TRUE IN ORDER TO LEGALLY GRANT A VARIANCE. THE PROPERTY INTEREST WAS ACQUIRED IN GOOD FAITH, AND ANY HARD SHOT WAS NOT CREATED BY THE APPLICANT. AND GRANTING OF THE VARIANCE WILL NOT BE OF SUBSTANTIAL DETRIMENT TO THE [00:20:01] ADJACENT AND NEARBY PROPERTIES. THE CONDITION OR SITUATION OF THE PROPERTY IS NOT SO GENERAL OR RECURRING IN NATURE AS TO MAKE THIS A REASONABLE, UH, PRACTICE AN TO AMEND THE ZONING ORDINANCE. SO, YOU KNOW, IT DOES THIS COME UP OFTEN IN THIS ZONING DISTRICT THAT GRANTING THE VARIANCE DOES NOT RESULT IN A USE THAT IS NOT OTHERWISE PERMITTED ON THE PROPERTY, OR A CHANGE TO THE ZONING CLASSIFICATION ON THE PROPERTY. SO IT CAN'T BE A LEGISLATIVE ACT. AND LASTLY, THE RELIEF OR REMEDY SOUGHT IS NOT AVAILABLE THROUGH A CONDITIONAL USE PERMIT, AND THAT IS NOT A, UH, SOMETHING THAT OUR ORDINANCE OFFERS. I'M NOW GONNA TURN THE REST OF THE PRESENTATION OVER TO MS. KELLY KAS. THANK YOU. I'M KELLY KEMP. I'M, UM, REPRESENTING, UM, THE COUNTY TODAY, ALTHOUGH I AM NOT YOUR COUNTY ATTORNEY. UM, SO I JUST WANNA TALK TO YOU A LITTLE BIT ABOUT THE REQUIREMENTS THAT HAVE TO BE MET TO, UM, ACTUALLY ISSUE A VARIANCE. UM, AND AGAIN, NO ONE IS SAYING THE APPLICANTS DID THIS INTENTIONALLY OR, UM, WITH ANY, YOU KNOW, ILL INTENT. UM, THAT'S CERTAINLY NOT, NOT THE, THE ISSUE. IT'S SIMPLY THAT THESE CONDITIONS HAVEN'T BEEN MET. UM, DO I JUST HIT FORWARD ? UM, SO AS PART OF THE APPLICATION PROCESS, THE APPLICANTS ARE ASKED TO FILL OUT AN APPLICATION, YOU KNOW, EXPLAINING WHAT, WHAT IS NEEDED AND WHY THEY THINK, UM, A VARIANCE WOULD BE APPROPRIATE. UM, AND IN THEIR OWN, IN THEIR OWN WORDS. UM, THEY THEMSELVES BASICALLY SAY, UM, THEY'VE STARTED THIS PROJECT, THEY DID NOT KNOW THAT THEY NEEDED A BUILDING PERMIT OR THAT THERE WERE SETBACKS. UM, THEY DO MENTION THAT THE PREVIOUS STOOP WAS FALLING APART, WHICH THERE'S, THIS ISN'T ABOUT, YOU KNOW, BEING ABLE TO REPLACE OR REPAIR THE, THE PREVIOUS STOOP THAT IS ABSOLUTELY LOUD. IT JUST HAS TO BE WITHIN THE SETBACKS AND THE CONSTRAINTS OF YOUR ZONING ORDINANCE. UM, SO AS YOU CAN SEE, THEY, THEY SORT OF TRIED TO EXPLAIN, BUT WITHIN THEIR EXPLANATIONS, NOTHING THAT RISES TO THE LEVEL. UM, THAT'S SAYING THEY CAN'T USE THE PROPERTY FOR ITS INTENDED PURPOSE. UM, AS THEY SAID, THEY'RE LIVING THERE. OBVIOUSLY, IT'S STILL VERY MUCH ABLE TO BE USED AS A SINGLE FAMILY DWELLING, WHICH IT IS. UM, THERE'S, UM, YOU KNOW, THERE'S, THERE'S NOT SOMETHING REOCCURRING IN THE ZONING THAT WOULD, UM, NECESSITATE SOME SORT OF ORDINANCE CHANGE. UM, THIS IS SIMPLY AN AESTHETIC, UM, AESTHETIC PREFERENCE ESSENTIALLY. UM, SO JUST BRIEFLY, UM, SETBACKS ARE SET BY YOUR BOARD OF SUPERVISORS. THEY'RE BASED ON ALL DIFFERENT TYPES OF ANALYSIS THAT GO THROUGH THE PLANNING COMMISSION. AND FOR A ONE, IT'S 75 FEET. UM, SOME OF THE REASONS FOR THE SETBACKS ARE THAT IN A RURAL DISTRICT, YOU WANT IT TO LOOK MORE RURAL, SO A SMALLER SETBACK GENERALLY INDICATIVE OF, UM, MORE DENSITY, MORE HOUSING, MORE OF A, UM, A, A RESIDENTIAL ZONING. AND YOU ALL OBVIOUSLY DO HAVE DIFFERENT SETBACKS IN DIFFERENT ZONING, DIFFERENT DISTRICTS. THERE'S ALSO ISSUES OF, UM, SITE LINES FOR THE ROAD. YOU WANT 'EM SET BACK A LITTLE FURTHER, PERHAPS THERE'S SOME ADDITIONAL, UM, YOU KNOW, TREE COVERAGE OR THINGS LIKE THAT. THERE'S ALSO, WELL, IN SEPTIC ON AGRICULTURAL PROPERTIES, THAT NECESSITATE A LITTLE BIT MORE ROOM THAN IF YOU'RE IN A NEIGHBORHOOD WITH, UM, YOU KNOW, PUBLIC WATER OR SEWER. UM, SO THESE SETBACKS ARE NOT ARBITRARY. THAT'S NOT JUST SORT OF WHAT THE BOARD FELT LIKE, SOUNDED LIKE A GOOD NUMBER. THERE ARE SOME REASONS BEHIND IT. THEY'RE, YOU KNOW, THEY'RE THOUGHT OUT. THE PLANNING COMMISSION REVIEWS THEM. SO THAT'S HOW WE GET TO THE SETBACKS. UM, IN ORDER FOR YOU ALL TO GRANT THE VARIANCE, THE APPLICANT WOULD HAVE TO SHOW THAT THIS UNREASONABLY RESTRICTS THE USE OF THE PROPERTY. WE DON'T HAVE THAT. AND THIS IS BACK, CAN I GO BACKWARDS? YES. OKAY. SO ONE OF THE, ONE OF THOSE THINGS HAS, HAS TO BE TRUE, AND NONE OF THOSE ARE, ARE TRUE. SO YOU REALLY COULD STOP YOUR ANALYSIS AT AT THAT POINT. UM, HOWEVER, IF YOU WANTED TO GO ON TO THE SORT OF SECOND PART OF THE, UH, EQUATION, SO TO SPEAK, ALL OF THOSE MUST BE TRUE. AND AGAIN, THE FIRST ONE THAT THE PROPERTY WAS ACQUIRED IN GOOD FAITH AND THE HARDSHIP WAS NOT CREATED BY THE APPLICANT. AGAIN, NO MALFEASANCE, BUT THIS WAS CREATED BY THE APPLICANT. UM, AND EMOTIONALLY, I HATE THAT THEY PAID FOR SOMEONE WHO SHOULD HAVE KNOWN THAT THEY SHOULD HAVE HAD A BUILDING PERMIT TO DO THIS. I MEAN, IF, IF THIS WERE BEING DECIDED ON EMOTION, YOU KNOW, I, I DON'T HAVE THAT ARGUMENT, BUT THAT'S NOT, [00:25:01] THAT'S NOT THE CONDITIONS THAT YOU ALL MUST FIND. UM, SO THEY DON'T MEET SORT OF THE, ONE OF THESE MUST BE TRUE CATEGORY AND THEY ALSO CAN'T MEET THE, ALL OF THESE MUST BE TRUE. UM, SO FOR THOSE REASONS, THE COUNTY ARGUES THAT THEY JUST DON'T HAVE, UH, THERE'S, THERE'S NOT ENOUGH EVIDENCE. THEY HAVEN'T MET THEIR BURDEN FOR YOU ALL TO GRANT THE VARIANCE. UM, SO I'M HAPPY TO ANSWER ANY QUESTIONS OR ANY TECHNICAL ZONING QUESTIONS. UM, MS. SHERRY MAY BE BETTER TO ANSWER. UM, I THINK THAT WAS, YEAH, SO HAPPY TO ANSWER ANY QUESTIONS. QUICK QUESTION FOR YOU, UM, MS. KEMP. SO YOU HAD MENTIONED IN TERMS OF SETBACKS, LINE OF SIGHT, UM, AS WELL AS THE RURAL CHARACTER. SO DOES THE COUNTY SEE, I GUESS IN THEIR OPINION, UM, THAT THERE'S AN ISSUE WITH LINE OF SIGHT ON THE ROAD ON COUNTY LINE ROAD, AS WELL AS DO ANYTHING TO DISRUPT THE RULE CHARACTER? SO THEY'RE NOT DECIDED ON A CASE BY CASE BASIS. ANYONE IN A ONE HAS THE SAME SETBACKS, RIGHT? THAT'S WHAT WE TALK ABOUT WHEN IT'S, YOU KNOW, EVERY SINGLE PERSON IN A ONE. I WAS JUST SAYING THAT SOME OF THE REASONS THAT WENT INTO WHY YOU HAVE THE SETBACK, YOU HAVE AN A ONE, WHEREAS, UM, YOU KNOW, IN A, ANOTHER NEIGHBORHOOD, YOU KNOW, MORE RESIDENTIAL DENSE, MORE DENSITY, I DON'T KNOW OFF THE TOP OF MY HEAD, BUT MY GUESS IS THEIR SETBACK IS PROBABLY MORE LIKE 25 FEET. LIKE IN A, YOU KNOW, IN A MORE TRADITIONAL NEIGHBORHOOD THAN A YEAH, YEAH. THE SMALLER, THE RIGHT URBAN AREA. YES. YEAH. OKAY. SO THIS PARTICULAR THAT IT WASN'T, YOU KNOW, STAFF DIDN'T DO ANY ANALYSIS FOR THIS PARTICULAR SPOT, IT'S SIMPLY THAT IT'S APPLIED EQUALLY TO EVERY SINGLE PERSON IN A ONE. ALRIGHT, THANK YOU. SO, SO YOU WOULD AGREE THAT THERE'S NO PROPERTIES IN A ONE SINCE THIS CODE WAS WROTE THAT ARE CLOSER THAN 75 FEET? MAY I, YEAH. I SAY I , OH, THERE ABSOLUTELY ARE. I MEAN, THIS, THIS IS, THAT BEING NON-CONFORMING IS NOT WHAT'S UNIQUE ABOUT THIS. THAT IS CORRECT. BUT IN THE UNDER CURRENT STANDARDS, THEY WOULD HAVE TO HAVE THE SAME, UM, YEAH, WE WOULD BASICALLY HAVE TO CHANGE THE ORDINANCE. YEAH. RIGHT. OKAY, THANKS. ARE YOU SAYING THAT, SO SOME OF THE ONES THAT ARE LESS THAN 75, WERE THEY PREDATED THE ORDINANCE? CORRECT? YEAH. THAT, THAT'S, I'M, SO I, THE STANDARDS MEANT WERE CHANGED. SO SINCE THIS ORDINANCE WAS IN PLACE, CORRECT, THERE HASN'T BEEN ANYTHING WITHIN 75 FEET. UM, THAT'S, THAT'S MAKING THE ASSUMPTION THAT EVERYTHING WAS MEASURED CORRECTLY AND THAT THE BUILDING PERMITS WERE SIGNED OFF, UH, LEGALLY AS THE, THE, UM, AS THE SET AT, BASED ON THE, THE SETBACK AT THE TIME, BUT THAT'S CORRECT. OKAY. THANK, BUT THE SETBACKS, WE DIDN'T DO TOO MUCH OF A HISTORY, BUT THE SETBACKS MAY HAVE BEEN SMALLER IN THE PAST. MM-HMM . I HAVE A, A COUPLE QUESTIONS THAT REALLY ALL FOR STAFF, AND THEY MAY NOT BE FOR THE, THE ALL FOR THE SAME STAFF. UH, ONE OF THEM YOU'VE ALREADY ANSWERED THAT, THAT THE, THE PLAT THAT WAS OFFERED WOULD'VE BEEN REQUIRED ANYWAY. UH, AND SO THAT WAS ONE QUESTION. AND SO I UNDERSTAND THAT, UH, WHO IS REQUIRED TO GET THE BUILDING PERMIT? IS IT, DOES IT, IS THE PERSON WHO DID THAT WORK REQUIRED OR IS IT, WOULD THEY BE REQUIRED OR DOES IT REALLY MATTER? UM, THERE'S NO, UH, THERE'S NOBODY WHO IS SPECIFICALLY REQUIRED. WE GENERALLY, UM, WHEN WE'RE TALKING WITH INDIVIDUALS WHO COME AND ASK, WE USUALLY SAY THAT WE, YOU GO AHEAD AND LET YOUR BUILDER GO AHEAD AND DO IT. 'CAUSE THAT MEANS THEY'RE, THE ONES THAT ARE FOLLOWING THE RULES ARE MORE ON THE HOOK FOR ACTUALLY THE, UM, THE BUILDING, UH, REQUIREMENTS AS OPPOSED TO THE HOMEOWNER. RIGHT. AND HAS THE BUILDING INSPECTOR LOOKED AT, LOOKED AT IT AS A BUILDING INSPECTOR, IF THAT MAKES SENSE. AND HAD THEY INSPECTED IT? OH, WELL, DO, IS IT STRUCTURALLY SOUND? I, WELL, I MEAN, I AM NOT, UH, A HUNDRED PERCENT PRIVY AS TO WHAT STAGE IT IS IN. I DO KNOW THAT THE APPLICATION HAS BEEN TURNED INTO OUR OFFICE. UM, GENERALLY EVEN WHEN THERE'S NOT A VIOLATION, THEY USUALLY DO, UM, THE REVIEWS AS THEY COME IN. I CAN'T GUARANTEE THAT, UM, THAT IS IN FACT THE CASE. I DON'T KNOW THE ANSWER TO THAT. YEAH, YOU DON'T KNOW AT THIS POINT. YEAH. UM, LEMME ASK YOU THIS, THE, THE, THE DEFINITION OF THE RIGHT OF WAY, UH, IS THAT FROM THE, THE EDGE OF THE ROAD OR FROM A, UH, SURVEYED SPOT AND WHAT, WHAT DETERMINES THAT? YEAH, SO THAT REALLY DEPENDS ON, UM, EACH PROPERTY INDIVIDUALLY. UM, SOME PROPERTY LINES ARE AT WHAT IS CALLED THE ULTIMATE RIGHT OF WAY, WHICH IS LIKE WHERE VDOT SAYS, YOU KNOW, THIS ROAD IN THE FUTURE WILL BE 75 FEET, UM, OR 70 FEET, UH, WIDE. BUT THE RIGHT OF WAY IS CURRENTLY ONLY 50. SO THE ULTIMATE RIGHT OF WAY IS, IS IS THAT EXTRA AMOUNT THAT WOULD BE IN THERE. SOMETIMES THE PROPERTY LINE IS, UM, ACTUALLY AT THE, UM, THE EXISTING RIGHT OF WAY. THAT'S WHAT MOST OF THEM ARE. SOMETIMES IT'S AT THE ULTIMATE RIGHT OF WAY, DEPENDING ON WHEN THEY WERE, UM, SUBDIVIDED. INTERESTING. [00:30:01] OKAY. UM, THERE'S MORE, UM, IF THE APP, IF THIS VARIANCE IS NOT GRANTED, WHAT HAPPENS THEN? WHAT IS THE PROCESS THAT WOULD, UM, FOR THEIR PURPOSES, MORE THAN LIKELY THEY WOULD HAVE TO REMOVE THE STRUCTURE TO MEET THE, THE EXISTING, UM, SETBACKS. THERE ARE OTHER SITUATION WHERE WE HAVE WORKED WITH APPLICANTS TO REZONE THEIR PROPERTY SO THAT THE SET BOX MET, BUT THAT'S SORT OF, YOU KNOW, THAT'S JUST A, A FIX THAT IS A LITTLE BIT MORE, UM, OF A PROCESS THAT THEY WOULD NOT BE GUARANTEED TO, UH, TO GET OR NOT. RIGHT. OKAY. IS THERE A TIMEFRAME WHEN THAT WOULD HAPPEN OR THEY WOULD, YOU WOULD SEND THEM A LETTER AND THEN IT WOULD GO BACK AND FORTH? PROBABLY. WELL, I MEAN, IT WOULD BE, UM, IT, YEAH, I THINK EITHER IF THIS WERE TO GO, UM, WITH THEM NOT BEING GRANTED THE VARIANCE, WE'D START THE CONVERSATION IMMEDIATELY AS TO WHAT THE, WHAT THE ULTIMATE, UM, ENDING WOULD BE. THAT'S WHEN WE COULD START THAT CONVERSATION. OKAY. OKAY. THANK YOU. CERTAINLY, I'D THEN LIKE TO OPEN THE, UH, PUBLIC HEARING. THOSE WHO WISH TO SPEAK IN SUPPORT OF THE APPLICATION, PLEASE COME FORWARD FOLLOWED BY THOSE WHO OPPOSE. THEY WILL SPEAK, UH, AFTER, UH, THE OTHER INDIVIDUALS. FOR THE RECORD, AGAIN, PLEASE STATE YOUR NAME AND ADDRESS. YOU'LL HAVE THREE MINUTES TO SPEAK. SO WATCH THE, UH, GLOBES THERE WHERE THE GREEN LIGHT INDICATES THAT YOU CAN BEGIN. THE YELLOW LIGHT INDICATES THAT YOU HAVE ONE MINUTE, AND THE RED LIGHT INDICATES THAT YOUR TIME HAS EXPIRED. SO ANYONE WHO WANTS TO SPEAK IN FAVOR, PLEASE COME FORWARD. ANYONE WHO WANTS TO SPEAK AGAINST COME AFTER THAT INDIVIDUAL INDIVIDUALS. THANK YOU. HELLO. THANK YOU FOR LISTENING. UH, MY NAME IS DAWN CORNELL. UM, I LIVE, I AM NEIGHBORS OF ERIC AND PAM. UM, AND I HAVE A COUPLE OF LETTERS HERE FROM THE OTHER NEIGHBORS THAT ARE RIGHT AROUND THE SURROUNDING AREA, IF I'M ALLOWED TO. CAN YOU PROVIDE YOUR ADDRESS? OH, MY ADDRESS. MY ADDRESS IS 40 15 COUNTY LINE ROAD. THANK YOU. WE ALSO OWN THE PROPERTY RIGHT ACROSS THE STREET FROM ERIC AND PAM, WHICH IS 39 40 COUNTY LINE ROAD. UM, THIS FIRST LETTER IS FROM, UH, AMY ANTHES. HER ADDRESS IS 40 30 COUNTY LINE ROAD. SHE SAID GOOD EVENING WITH RESPECT TO THE ABOVE-REFERENCED APPLICATION, ERIC AND PAMELA THOMPSON'S REQUEST FOR A VARIANCE TO THE FRONT YARD SETBACK REQUIREMENTS TO BUILD A DECK WITH A RE, WITH A ROOF SHOULD BE APPROVED. UM, JUST GOING TO SHOW THAT THE NEIGHBORS AROUND THEM, WE HAVE NO ISSUES. IT, IT WOULD NOT CHANGE OR MAKE IT LOOK ANYMORE BUSY WITH THEIR, UH, WITH THEIR ADDITION. UM, THIS OTHER LETTER IS FROM KEVIN AND SANDRA SMITH, 4,000 COUNTY LINE ROAD. UM, DEAR GLAND COUNTY DEPARTMENT OF PLANNING AND ZONING, WE ARE WRITING TO EXPRESS OUR SUPPORT FOR OUR NEIGHBORS, ERIC AND PAMELA THOMPSON. REGARDING LOCATION OF THEIR PORCH, WHICH WE UNDERSTAND IS APPROXIMATELY 10 FEET CLOSER TO THE STREET THAN CURRENT ZONING REGULATIONS PERMIT. WE WOULD LIKE TO CLARIFY THAT AS ADJACENT PROPERTY OWNERS, WE HAVE NO CONCERNS OR OBJECTIONS REGARDING THE PLACEMENT OF THEIR PORCH. ERIC AND PAM HAVE BEEN OUTSTANDING NEIGHBORS AND THEIR PORCH DOES NOT POSE ANY INCONVENIENCE, HAZARD, OR NEGATIVE IMPACT ON THE APPEARANCE OR SAFETY OF THE NEIGHBORHOOD. ON THE CONTRARY AND ENHANCES THE OVERALL AESTHETIC OF THE COMMUNITY, WE RESPECTFULLY REQUEST THAT GLAND COUNTY CONSIDER OUR SUPPORT IN ANY DECISIONS RELATED TO THIS MATTER. THANK YOU FOR YOUR TIME AND CONSIDERATION. UM, WE ALSO FEEL THE SAME WAY. UM, I THINK IT WOULD BE AN IMPROVEMENT TO OUR NEIGHBORHOOD WITH THAT PORCH THERE ALSO, NOT THAT IT MATTERS, BUT THE SUN DOES COME IN RIGHT THERE AND WITH A PORCH, NOW YOU'RE BLOCKING THE SUN FROM GOING RIGHT IN YOUR FRONT DOOR AND YOUR WINDOWS. UM, BUT I THINK THE AESTHETICS WOULD BE A LOT MORE PLEASING WITH A COVERED PORCH ON THE FRONT OF THEIR MOBILE HOME THAN, THAN NOT. SO THANK YOU. THAT'S ALL I HAVE. THANK YOU VERY MUCH. THANK YOU. ANY OPPOSED? UH, DRAW THERE, MR. GO TO B FOUR. I APOLOGIZE. MR. LAU, I HAVE A COUPLE YEARS ON YOU. I MOVE A LITTLE MORE SLOWLY. , UH, THIS MUST BE A GOD THING BECAUSE I CERTAINLY WASN'T PLANNING TO BE HERE TODAY. I WAS HERE, EXCUSE ME, JONATHAN LY 1521 MANNEQUIN ROAD. I WILL STATE, I AM ON THE BOARD OF SUPERVISORS, HOWEVER, MY COMMENTS ARE MINE PERSONALLY [00:35:01] AND IN NO WAY REPRESENT COUNTY ADMINISTRATION. THIS IS ME AS A CITIZEN. UM, FIRST OF ALL, I WANNA SAY THANK YOU TO YOU FOLKS. I MEAN, PUBLIC SERVICE IS SERVICE AND YOU ARE IN PUBLIC AND IT'S NOT ALWAYS RECOGNIZED. AND, AND, UH, I SPENT 12 YEARS AS A MONARCH AND CONSERVATION DISTRICT DIRECTOR. UH, OUR SALARY WAS LOWER THAN YOURS. IT WAS ZERO. BUT, UH, IT STILL WAS SOMETHING THAT I THOUGHT NEEDED TO BE DONE. AND I APPRECIATE VERY MUCH WHAT YOU FOLKS ARE DOING. UM, AND I APPRECIATE THE COUNTY ATTORNEY'S COMMENTS THAT, UH, THAT WE SHOULDN'T BE MAKING DECISIONS ON EMOTION, BUT I WOULD SUBMIT WE SHOULD BE MAKING DECISIONS ON COMMON SENSE. AND SO WE HAVE ORDINANCES AND WE HAVE RULES TO MAKE UCHIN THE BEST PLACE TO LIVE, WORK, AND RAISE A FAMILY. BUT AS EVERY FAMILY DYNAMIC IS DIFFERENT, I THINK THERE ARE DIFFERENCES THAT SHOULD BE TAKEN INTO CONSIDERATION ON THIS MATTER. BEFORE YOU, I WOULD SUBMIT, IF YOU WERE TO GO TO A DICTIONARY AND LOOK UP THE PHRASE IDEAL GLAND COUNTY RESIDENT, YOU WOULD FIND THE THOMPSON'S PICTURE RIGHT THERE. UH, THESE ARE THE KIND OF PEOPLE I THINK THAT MAKE GLAND THE SPECIAL PLACE IT IS. AND ANY OF YOU, I'M SURE ALL OF US WRECK AT GLAND DAY ON SATURDAY. I MEAN, IT, IT, IT JUST MAKES THIS PLACE A VERY, VERY SPECIAL. I ALSO GET TO HANG OUT FRIDAY MORNINGS WITH AN ORGANIZATION CALLED ROTARY AND IT HAS A, UH, A FOUR WAY TEST. IS IT THE TRUTH? IS IT FAIR TO ALL CONCERNED? WILL IT BUILD GOODWILL AND FRIENDSHIP? AND WILL IT BE BENEFICIAL TO ALL CONCERN? I WOULD SUBMIT THIS VARIANCE WILL BE BENEFICIAL TO ALL CONCERN. YOU'RE GONNA HAVE LONG-TERM COUNTY RESIDENTS CONTINUING THEIR PRESENCE IN THE COMMUNITY, ADDING TO OUR FIBER. I THINK YOU'RE GONNA FIND THAT IT WILL BUILD GOODWILL AND FRIENDSHIP. THE NEIGHBORS ARE SAYING, YEAH, THIS IS A PRETTY GOOD THING. UH, IS IT FAIR TO ALL CONCERNED? I WILL SUBMIT THE COUNTY WILL SUFFER NO HARM IF THIS 2.7 FOOT VARIANCE IS GRANTED. AND IS IT THE TRUTH? YES. EVERYTHING WE'VE HEARD TODAY IS THIS IS A FAMILY LOOKING TO IMPROVE THEIR DOMICILE, HAVE A SAFER ENVIRONMENT FOR THEIR CHILDREN, AND JUST CONTINUE TO LIVE WHAT WE ALL SEE AS THE SWEET LIFE OF GLAND COUNTY. SO WERE I ON YOUR SIDE OF THE DIOCESE? I WOULD BE VOTING TO GRANT THIS VARIANCE. I HOPE THAT, UH, YOU WILL MAKE YOUR DELIBERATIONS. UH, I REALLY RESPECT THE PUBLIC SERVICE YOU'RE GIVING, BUT I THINK THAT THERE ARE TIMES WHERE WE NEED TO AVOID BEING PROCESS DRIVEN AND PROCEDURE BOUND AND THAT COMMON SENSE TAKE OVER AND NOT AN ARBITRARY SET OF WORDS IN, IN, UH, AN ORDINANCE. AND MAYBE THE BOARD OF SUPERVISOR NEEDS TO LOOK AT CHANGING THE ORDINANCE TO 70 FEET INSTEAD OF 75. THAT, UH, THAT'S SOMETHING THAT I'LL KEEP IN THE BACK OF MY MIND. THANK YOU FOR YOUR TIME. THANK YOU MR. LAU. AGAIN, IS THERE ANYONE IN THE AUDIENCE WHO OPPOSES? IF NOT, I'LL CLOSE THE PUBLIC HEARING. ARE THERE ANY OTHER QUESTIONS FROM THE BOARD IN TERMS OF THE STAFF TO THE STAFF OR THE APPLICANT, OR THE FURTHER DISCUSSIONS IF THEY WANT APPLICANT, IF YOU WANT TO SAY SOMETHING ELSE IN TERMS OF, UM, A REBUTTAL OR JUST ADD ONE MORE THING OR SOMETHING THAT'S UP TO YOU. ALRIGHT. THANK YOU. APPRECIATE THAT. WITH NO OTHER COMMENTS OR QUESTIONS OR CONCERNS. UM, I LIKE TO MOVE THAT THE BOARD APPROVE VARIANCE VAR DASH 2 0 2 5 DASH 0 0 0 0 1. I THINK I GOT ALL THE ZEROS RIGHT, MS. PARKER, AS PRESENTED. AND MR. CHAIRMAN, IF I MAY? YES, SIR. UH, AS, UH, AS THE BOARD MEMBERS ARE, UH, CONSIDERING AND, AND PONDERING THEIR, UH, THEIR RESPONSE TO YOUR MOTION, I WOULD ASK THAT IN VOTING THAT, UH, THE MEMBERS PROVIDE, UM, SOME, SOME EXPLANATION FOR THEIR VOTE. THAT'S FINE. SO [00:40:01] YOU WANT ME TO DO IT AS WELL? OR IT IT . THAT'S FINE. I'M GOOD. SO, I, I MOTION, I, MY, I SO MOVE TO APPROVE, UM, MY COMMENTS, AND I GUESS MY THOUGHTS ARE, ARE VERY SIMILAR TO THAT, UM, OF MR. LYLE AS WELL. WE NEED TO LOOK AT THE TOTAL PICTURE OF, UM, THE WHO, UM, AS WELL AS THE WHAT AND THE WHERE AND THE WHEN. UM, I THINK THAT ANYTIME THAT A PERSON OR A FAMILY WANTS TO IMPROVE THEIR PROPERTY, ESPECIALLY IF THERE'S A LEVEL OF DANGER OR A LEVEL OF, UM, UH, MR. THOMPSON MENTIONED HIS GRANDSON, I WAS JUST IMAGINING IF IT WAS HIS GRANDMOTHER THAT WAS COMING UP THE STEPS OR COMING OUTTA THE HOUSE, UM, THAT WOULD'VE BEEN A DIFFERENT SCENARIO. UM, SO ANYTIME SOMEONE WANTS TO PROVE, IMPROVE THEIR PROPERTY, UM, IT, IT SEEMS LIKE THERE WAS A LOT OF, UM, MISSTEPS, I GUESS THAT'S A GOOD WORD. I WANNA PUT IT, NO PUN INTENDED, ON THE BROKEN STEPS THAT YOU HAVE, MR. THOMPSON, BUT IT SEEMS LIKE THERE WAS SOME MISSTEPS IN TERMS OF, UM, BEING ABLE TO CONTACT THE RIGHT PEOPLE AT THE COUNTY, THE RIGHT PEOPLE GETTING BACK, UM, TO YOU GUYS AS WELL. UM, AND THAT'S, UH, I GUESS THAT'S ANOTHER ISSUE IN ITSELF. UM, BUT I, I, I APPRECIATE WHAT YOU HAVE, UM, TRIED TO DO. I KNOW YOU PUT A LOT OF MONEY AND A LOT OF ENERGY INTO THIS. UM, AND, UH, FROM THIS POINT FORWARD, UH, I HOPE THAT, UM, IF THERE'S ANYTHING ELSE THAT YOU WOULD LIKE TO DO TO THE PROPERTY THAT NOW YOU UNDERSTAND OBVIOUSLY THE PROPER PROCEDURES AND, UH, STEPS TO DO SO SINCE YOU SAID THAT YOU'RE NOT GONNA MOVE FROM THAT PROPERTY. THANK YOU, MR. CHAIRMAN, THERE'S A MOTION ON THE FLOOR. IS THERE A SECOND? I'LL SECOND THAT. OKAY. DO WE, DO WE HAVE A SECOND, MR. LACEY? OKAY. AND, AND NOW AS YOU ARE, ARE VOTING, UH, UH, I WOULD ASK, UH, EACH INDIVIDUAL, UH, BOARD MEMBER TO, UH, STATE THEIR, THEIR VOTE TO THE MOTION AND GIVE AN EXPLANATION WHY. ALRIGHT. DO YOU WANT, DO YOU WANT ME TO START? SURE. UH, I WOULD ALSO, UH, VOTE TO APPROVE, UH, IS ECHOED IS IT'S, UM, MR. LYLES AS WELL. IT'S JUST A COMMON SENSE MOVE, I THINK. UM, I DON'T THINK THERE WAS ANY, I DON'T THINK THERE'LL BE ANY NEGATIVE IMPACT ON THE COMMUNITY. THERE'S NO SAFETY REASONS. I DO THINK IT'LL HARM THE THOMPSONS MORE FOR THEM TO REMOVE IT THAN IT WILL, UH, TO KEEP IT THERE AND, UH, DON'T SEE ANY THREAT OR, OR ISSUE TO THE COMMUNITY. AND IT'S, IT'S A VERY SMALL ASK, UH, 3.7 FEET, I THINK. UM, SO I'M, I'M A YES, MR. BABBITT. SO THIS IS A TOUGH ONE. , MR. LAU IS RIGHT THAT, THAT, UH, EVERYTHING ABOUT THE THOMPSONS ARE EXACTLY WHAT WE WANT, YOU KNOW, BUT I'M LOOKING AT IT MORE AND I HEAR WHAT MR. COSBY'S SAYING THAT THE, THE WHO'S AND THE WHERES AND THE, AND THE WINDS ARE IMPORTANT. BUT, YOU KNOW, I'VE SPENT A LONG TIME ON THE PLANNING COMMISSION AND P VAN COUNTY, AND ONE OF THE THINGS I LEARNED IS, IS WHILE, UH, THEY'RE GREAT PEOPLE, THEY'RE NOT ALWAYS GONNA LIVE THERE. AND THEY'RE THE WHO'S AND, AND THE WHERE'S ARE NOT ALWAYS AS IMPORTANT IN THE LONG RUN, AS IN AS THEY MAY BE IN THE SHORT RUN. AND SO WHEN MAKING LAND USE DECISIONS, YOU KNOW, I, I KIND OF STOPPED DOING THAT BECAUSE I, YOU KNOW, I WOULD TRUST THIS PERSON, AND THEN THEY WOULD, THEY WOULD BE GONE AND SOMETHING DIFFERENT WOULD HAPPEN. AND SO, I APPRECIATE WHAT YOU'RE SAYING THOUGH. UM, SO I, I'M LOOKING AT IT STRICTLY AS, AS THE LAND USE, UM, SIDE OF ME. AND, UH, I GUESS I JUST DON'T SEE THAT, THAT, THAT THE VARIANCE MAKES SENSE TO, TO FIX THIS PROBLEM. IT'S CLEARLY A PROBLEM THAT WAS AN ACCIDENT, AND, AND, AND I FEEL LIKE THERE SHOULD BE SOME WAY TO FIX IT. I DON'T KNOW WHAT THAT IS, , BUT PERHAPS REZONING IT IS GONNA BE THE ANSWER, PERHAPS SOME OTHER MECHANISM, OR MAYBE THEY JUST HAVE TO REBUILD IT. BUT I, I, I CAN'T, I GUESS I DON'T AGREE WITH THE, THE THOUGHT THAT IT DOESN'T REALLY HURT ANYBODY, UH, TO DO IT. AND WHILE IT DOESN'T HURT THE NEIGHBORS NECESSARILY, THEY, THEY ENJOYED THAT, THAT DECK BEING THERE, AND THEY'LL ENJOY THE THOMPSON CERTAINLY AS ITS NEIGHBORS. UM, MY OPINION IS, IT, IT HURTS EVERYBODY IN THE A ONE DISTRICT, WHETHER THEY KNOW IT HURTS THEM OR NOT. UM, BECAUSE THEY HAVE, HERE WE HAVE A SPECIAL PROPERTY THAT WE'RE GIVEN A POTENTIALLY GIVING A RIGHT TO THAT. NO ONE ELSE HAS THAT RIGHT TO, AND THE ONLY REASON WE'RE DOING IT IS BECAUSE THEY'RE NICE PEOPLE, WHICH THEY CERTAINLY ARE, AND THEY MADE A MISTAKE. UH, AND SO I, I DON'T SEE THAT AS A, AS A WAY AND A REASON TO FIX IT IN THIS MANNER. AND SO I GUESS I'M NOT IN FAVOR OF, UH, OF DOING IT. UH, THE, THE REQUIREMENTS THAT WE'RE REQUIRED TO LOOK AT ARE VERY SPECIFIC, AND WE DON'T, WE REALLY DON'T. IT REALLY DOESN'T APPLY TO ANY OF THE REQUIREMENTS [00:45:01] , OTHER THAN THEY'RE JUST NICE PEOPLE. AND IT, AND IT CLEARLY IS, IS JUST AN OVERSIGHT. UH, BUT IF WE WERE LOOKING AT OUR STRICT LEGAL REQUIREMENTS, WHICH IS WHAT WE'RE SUPPOSED TO DO, UH, UP HERE, THERE'S REALLY NONE OF THOSE THAT WE CAN SAY FIT. UH, YOU KNOW, THE CLEARLY AN ACCIDENT. THEY, THEY, THEY DID IT THEMSELVES. THEY, UH, AGAIN, I THINK IT DOES AFFECT, UH, THE OTHER PROPERTIES IN THE DISTRICT. UH, AND IT CERTAINLY IS RECURRING IN NATURE. EVERY PROPERTY IS REQUIRED TO HAVE THAT SAME 75 FOOT SETBACK. AND SO, UH, THIS IS A JOB MAYBE FOR THE BOARD OF SUPERVISORS TO FIX FOR THEM IN SOME OTHER WAY. UH, BUT I DON'T SEE THIS AS THE WAY TO DO IT. SO I WOULD, I WOULD VOTE AGAINST IT FOR THAT REASON. MS. KOCH, UH, I SECOND EVERYBODY'S CONCERNS. THIS IS DIFFICULT. UM, THERE IS KIND OF THE LETTER OF THE LAW, BUT THERE IS THE COMMON SENSE COMPONENT AS WELL. SO I AM INCLINED TO VOTE IN TO APPROVE THE VARIANCE REQUEST, UM, JUST BASED ON THE COMMON SENSE AND OVERALL IMPACT TO OTHERS. I DO RESPECT WHAT MR. BAIT SAID THAT, UM, YOU KNOW, THERE IS THE VARIANT OR THE, UH, ORDINANCE IN PLACE, BUT I THINK IN THESE CIRCUMSTANCES, I, I WISH THE CONTRACTOR WERE HERE TO BE HELD ACCOUNTABLE, UM, FOR MAYBE NOT CARRYING OUT THEIR DUTIES AS THEY SHOULD. AND I WOULD ENCOURAGE YOU TO FOLLOW UP WITH THAT INDIVIDUAL TO MAKE SURE THEY DON'T REPEAT THIS MISTAKE FOR OTHER CUSTOMERS DOWN THE ROAD. UM, BUT I WILL VOTE TO APPROVE. AND MR. MCDONALD, I ALSO VOTE TO APPROVE. AND, UM, I BELIEVE THIS IS GOOD ATTENTION USE OF THE PROPERTY THROUGH EVERYTHING THAT YOU KNOW, HAS NOT BEEN ILL WILLED FROM YOU. BUT FROM THE START OF THIS, UH, I DO WISH THE COUNTY WOULD LOOK AT WHAT'S GOING ON IN A ONE WITH THE 75 FOOT SETBACK COMPARED TO, UH, OTHER DISTRICTS AND, UH, HOW THAT MAY AFFECT OTHER PROPERTIES DOWN, DOWN THE ROAD THAT WANT TO IMPROVE THEIR PROPERTY THAT HAVE SUCH A LARGE SETBACK WITHOUT, UH, ANYTHING EGREGIOUS. UH, BUT THE BIGGER CONCERN I HAVE IS THAT YOU AND YOUR FAMILY HAVE HAD TO DEAL WITH THIS SINCE OCTOBER. I THINK THAT'S SOMETHING THE COUNTY SHOULD LOOK AT, IS WHY ARE WE SITTING HERE NOW, WHEN THIS STARTED IN OCTOBER, THAT'S A PRETTY LONG TIMELINE FOR YOUR PORCH TO BE SITTING THERE UNFINISHED. WE SHOULD HAVE MOVED FORWARD A LOT FASTER AND PROCEDURALS TO, TO GET AN ANSWER TO YOU GUYS. SO WITH THAT, I DO APPROVE THE MOTION TO APPROVE VARIANCE. VAR 2025. ONE PASSES ON A FOUR ONE VOTE. UH, EXCUSE ME, MADAM CLERK, I WOULD LIKE TO HAVE A VOTE. UH, ROLL CALL. UH, A, A SPECIFIC VOTE. YES, MA'AM. UM, FROM THE CHAIRMAN, IT, YOU MADE THE MOTION, BUT YOU ALSO NEED TO VOTE. I MADE A MOTION AND ALSO VOTE, UM, IN FAVOR. SO MY VOTE IS YES. DO YOU WANT TO DO, GO AHEAD AND DO A ROLL CALL, VOTE AS WELL. AB ABSOLUTELY. ALL RIGHT. THANK YOU, MR. MCDONALD. YAY. I APPROVE MS. COOK. YAY. TO APPROVE. MR. COSBY? YES, MR. BABBITT. MR. LACEY? YES. OKAY. THE, UH, MOTION TO APPROVE VAR 2025. ONE PASSES ON A FOUR ONE VOTE. THANK YOU, MS. PARKER. UM, I WOULD LIKE TO ADD, BECAUSE WHAT MR. BABBETT SAID IS TRUE, HE WAS, UH, ON THE P COMMISSION IN ANOTHER COUNTY. I'M THE CHAIR OF THE PLANNING COMMISSION HERE IN GLAND. MR. LAU, WHO IS, UH, SPOKE EARLIER, UH, ON THE BOARD OF SUPERVISORS. AND AS THIS COUNTY CONTINUES TO MOVE FORWARD AS THIS CONTINUE, CAN, CAN'T STOP TALK TODAY, CAN THIS COUNTY CONTINUES TO GROW, WE DO NEED TO LOOK AT, UM, OUR ORDINANCES. WE DO NEED TO LOOK AT, UH, SOME THINGS AS WE MOVE FORWARD. UM, AND THAT'S PROCESSES, PROCEDURES, UM, ALL THE WAY AROUND. SO HOPEFULLY WE WILL, WE AS A COUNTY, WILL PUT PLACE OURSELVES IN POSITION TO, UM, DO A BETTER JOB FOR OUR CLIENTS, OUR CUSTOMERS, WHICH IS THE CITIZENS. UM, YOU SAID IT PERFECTLY THAT, I MEAN, THIS TOOK PLACE IN OCTOBER AND HERE IT IS ALMOST JUNE. AND, UH, WE ARE JUST GETTING TO THIS POINT FOR OUR CUSTOMERS, OUR CLIENTS. UM, SO HOPEFULLY WE, AS WE MOVE FORWARD, ALL OF US CAN WORK VERY WELL TO TOGETHER, UH, TO MAKE, UM, BETTER AND GREATER CHANGE. CAN I JUST ADD, JUST, JUST FOR A SECOND? YES, GO AHEAD, SIR. SINCE WE HAVE ONE OF THE BOARD OF SUPERVISOR MEMBERS HERE. YEAH. UM, AND I DON'T KNOW WHETHER THIS IS, IS IS LEGAL, IT'S JUST A CITIZEN, JUST A CITIZEN TODAY THAT, THAT YOU HAVEN'T DONE THEIR JOB. UM, IT JUST OCCURRED TO ME THAT I WAS LOOKING AT THIS AND THROUGHOUT THIS WHOLE HEARING, THAT, THAT IF THERE ARE A MECHANISM WHERE, UH, YOU AND THE PLANNING COMMISSION COULD APPROVE CONDITION, USE PERMITS FOR MINOR ISSUES LIKE THIS, IF THAT WERE EVEN LEGALLY POSSIBLE, THAT YOU MAYBE LOOK AT THAT AS AN, AS YOUR ORDINANCE AS YOU'RE REVIEWING THINGS. JUST YOUR QUESTION, . SO JUST, JUST A THOUGHT THAT THAT WOULD BE A MUCH SIMPLER [00:50:01] PROCESS FOR AN APPLICANT THAT, YOU KNOW, IT MAYBE IS SIX INCHES OVER THE LINE WITH THEIR SHED AND LIKE, WELL, MAYBE WE JUST GET A CONDITION USE PERMIT FOR THAT INSTEAD OF A THIS. I'M NOT SURE TOTALLY HOW THAT LEGALLY WORKS OUT, BUT, UH, IF THAT WERE POSSIBLE, I WOULD SUGGEST IT. SO, IN OTHER WORDS, TO BE CONTINUED, UH, MS. PARKER, DO WE HAVE, UH, ANY OTHER BUSINESS? WE HAVE NO OTHER BUSINESS. EXCUSE ME. YES, SIR. MADAM CLERK, UH, WE DO NEED TO APPROVE THE MINUTES FROM OUR JANUARY MEETING. THAT'S THE NEXT ITEM ON THE AGENDA. OKAY. I'M SORRY. THAT'S ALL RIGHT. . JUST WANNA MAKE SURE WE GOT EVERYTHING. YES, SIR. YEP. THANK YOU, SIR. UM, HAS EVERYONE HAD THE OPPORTUNITY TO READ THE MINUTES FROM THE JANUARY 27TH, 2025 REGULAR MEETING? IF SO, ARE THERE ANY COMMENTS OR ANY QUESTIONS? IF NOT, COULD I HAVE A MOTION TO APPROVE THOSE MINUTES, PLEASE? I MAKE A MOTION THAT WE APPROVE THE MINUTES ON JANUARY 27TH. SECOND, SECOND, THEN ROLL CALL. VOTE PLEASE, MS. PARKER. ALL RIGHT. SO I HAD MR. BABBITT AS THE MOTION, MR. COSBY AS THE SECOND, AND MR. MCDONALD, I THINK IT WAS MS. COOK WITH THE SECOND ONE. OH, I WAS THE SECOND. OKAY. ALL RIGHT. MR. MCDONALD, APPROVE. MS. COOK. APPROVE. MR. COSBY APPROVE. MR. BABBITT APPROVE. MR. LACEY APPROVE. THANK YOU. THANK YOU VERY MUCH. IF THERE'S NO FURTHER BUSINESS BEFORE THE BOARD, THIS MEETING IS ADJOURNED. * 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.