The front yard to less than ten feet.

Zoned R two five residential.

Applicant Gianni and Laura McCone.

All right.

So yeah, this is a uh Rachel Dresher.

Good evening.

Uh with the planning and zoning.

Uh so this is a request for a special exception to construct a front porch less than ten feet from the front property line.

Um op open front porches are permitted obstructions.

Um, however, they cannot reduce the front yard to less than ten feet without a special exception.

Uh so some things to keep in mind uh that we're gonna touch on in the presentation is that the property historically had an open front porch.

Uh there are other dwellings along the block base that have open front porches less than ten feet from the front property line, and there it it's a one-story front porch that does meet all of the other zoning requirements.

Uh so this property is zoned R25 and is surrounded by residential dwellings.

And according to the nineteen fifty-nine sandboard maps, an open front porch did once exist on the property, uh, but was some at some point demolished prior to nineteen ninety two.

Uh the applicant is proposing to construct a one-story open porch.

And the open porch would be six point four two feet deep and would extend eighteen point two feet along the front of the dwelling.

So again, this section seven dash two oh two E of the zoning ordinance does allow a front porch to obstruct the front yard, um, as long as the front yard is not reduced to less than ten feet.

Uh so the applicant in this case is requesting an exception of one point eight two feet to construct the porch eight point one eight feet from the front property line.

Uh so staff is recommending approval.

Uh, because it meets all of the criteria.

Uh the front porch would not be detrimental to public w welfare.

Uh, we find it's a reasonable distance from adjacent residences.

Uh the proposed one-story front porch uh would be remain open and complies with side yard setbacks, so it's unlikely to reduce light or air to any other property in regards to the character and um compatibility with the neighborhood.

Uh again, the property historically had an open porch, and there are other dwellings uh on the same side of the street that have a porch that are similar distance.

Uh and then as far as it being the only reasonable means in location, uh just do the existing dwelling, uh it's already existing, and this is the only location for a front porch.

Does the board have any questions for staff?

Okay.

Hearing none sorry flipping through here the porch depth is it six feet uh five inches so if it was built to maintain the 10 foot front yard it would then be like five foot I'm trying I'm on the fly converting decimal feet into feet and inches here but uh or like four foot ten inches or something yeah it would be less than five feet um okay thank you other questions um is there uh explanation as to why they need that additional one foot eight point eight whatever it is uh I think just usability um just making it a functional space when we researched porches um back when we did Infill regulations to allow um an open front porch we found that um between six and eight feet was the like the typical depth of a front porch for you to be able to sort of put a chair and stand up and kind of just use your front porch um so between six and eight and anything beyond that is kind of extra so porches that are up to eight feet in depth actually are eligible to be excluded from FAR if you want um sort of a larger you know more expansive porch that additional depth uh counts towards FAR.

So eight feet is kind of what we typically see as an open front porch.

So this isn't even quite meeting the the depth of the um average porch that we see um the other properties that have porches do we know the depth of those are around this around okay yeah we didn't really measure but just in looking at the street view they look to be roughly I would say between six and eight maybe some of them are a little bit deeper even maybe ten feet across the street um but we didn't specifically measure the depths of other porches 6.42 is toward the smaller side of the porch porch size um I would say so I mean I I don't have the exact dimensions but it um it's definitely not going to be the largest of the front porches by any means.

Okay hearing no other questions we can move on to the applicant's presentation.

Back over here yes please sir.

Gotcha thank you.

I'll be honest good evening my name is Gian McCone and my wife Laura and I are the owners of uh 409 East Custis Avenue.

I think Rachel did a very good introduction I don't know if there's much more I could really add to it other than to reaffirm that the question you asked and I have not measured each of the individual other porches.

Ours is probably the smaller um definitely not the largest of the other existing porches from similar properties um that were built around the same time as ours which is the late 1800s the early 1910s give or take.

And I would also add that I think uh it it was already highlighted I think our request is modest and that the space we're asking for is to enjoy reasonable functional use of it.

Doesn't have to be too big doesn't have to be you know something ostentatious and wrap around we're really just looking to put back what was there for a very long time happy to answer any questions any questions for the applicant?

Okay.

Okay.

Thank you sir.

Thank you.

And I don't see any people here for public comments.

So shall we move on to deliberation?

Sure.

Opinions questions, thoughts would anyone like to make a motion?

Uh Mr Chair?

Yes.

May I make a motion to approve you may?

Based upon staff's recommendation.

Do we have a second?

I would like to second that motion okay hearing a second all those in favor of the motion say aye.

Aye.

Aye aye.

All those against hearing none the motion is um unanimously passed.

Thank you sir.

Good luck with good luck with your porch.

Thank you.

Appreciate your time thanks so much.

The next item on the docket is the consideration of the minutes from the January 12th 2026 Board of Zoning Appeals hearing Ms.

I have reviewed the minutes.

However, I was not in attendance at that meeting, so I do not feel qualified to confirm nor deny their accuracy.

Okay.

I so when I was reviewing the minutes, and again, we don't have to spend too much time on this.

I saw that Mr.

Foley had made a preliminary motion that didn't get a second.

And then he also and then for the second motion was approved with unanimously.

Is that everyone's recollection?

I feel like it was a like we started to make a motion and then corrected that motion to from what I remember it was we were going to discuss adding potentially stricter, like in uh the foliage that was going to be in the front yard, um a stricter parameters on top of that, and instead we ease that back and just said that staff recommendation based upon the review was what was going to be um what we were going to include in the motion instead.

I think that's what was happening.

Does that ring any bills?

Uh I completely do not recall.

I really truly do not recall.

Okay.

In any case, I think again personally, I think the the second motion um was accurately recorded in the meeting.

In the meeting minutes, and that's what's important to meet at least.

So I don't I don't have any problem with with the meeting minutes.

So we can if anyone would like to make a motion to approve.

Uh Mr.

Chair, I'll make a motion to uh approve the meeting minutes based on staff's best effort to capture a very confusing meeting.

Okay.

Do we have a second?

I would like to second that motion.

Okay.

All those in favor say aye.

Aye.

Aye.

All those against?

Hearing none.

The motion is passed.

Okay.

Um last order of business.

The last item on the docket is the election of board officers for chair, vice chair, and secretary.

Didn't we just do this?

Um so you were supposed to have elections last time, but since there were only four of us and the secretary and the vice chair were absent, we uh made a motion to delay till I will also say that last year um when we voted it was later in the year because we didn't have hearings, I think until maybe April or May.

I think it was April.

It was pretty late, um, so it maybe seems more recent then.

But according to the bylaws, the elections should happen at the first meeting.

So I don't really have a sort of agenda, and this is really my first time you know taking the chairmanship.

If anyone else would like to nominate themselves for chair or vice chair or or secretary, um please don't hesitate.

Um if someone else would like to take the position, I'm happy to Mr.

Chair.

I think generally the way it's supposed to work is that somebody in the board is supposed to nominate uh someone to be in that position.

I don't I I don't really quite fully understand how all the stuff is supposed to go, so but I I I would like to nominate you to continue as chairman.

Yeah, you want to continue as chairman, right?

If well my position is if no one else wants to take the position, I would be happy to take it.

But if someone else wants to, I can step down.

Mr.

Chair.

I think you have not had a full go at chairmanship because we've had such a light docket.

So I think you really need to go for at least another year being chairman, so that you really get a good feel for what it's like to be chairman.

Understood.

How do you feel about that?

Given that I accept your nomination.

Is that is that how it's supposed to work, Mary?

That's fine.

Yeah, you can nominate um, and if you accept the nomination, we can then if you want to do all of them, then we can vote them all together.

So then it would be a motion to approve whoever, you know.

For for all the time.

You could do all you could do all three positions at the same time, or you can do them individually.

It's up to you.

Okay.

Um have a chance to speak with you before the meeting, but is Ms.

Ballman still the vice chair, or is she still on the board?

Um she is yes, as far as we know, I believe she was supposed to be here tonight.

She had said she was going to be here tonight, so I'm not sure.

Um would since she's not here, I mean she can't accept the nomination.

Um I don't know if anyone else has talked to her or I have not had.

Do we have to vote the whole slate, or can we?

I mean, I think it would be preferable to vote the whole slate.

Okay.

We've already deferred one meeting.

So in that case, then someone here may need to step up to take the vice chairman ship.

Um I mean, since she was supposed to be here, uh do you guys have uh do you have her phone number?

Can we call her?

Because maybe she's lost.

I don't know if we require to our call on her.

Okay.

Uh while Luke is doing that.

Um discuss the secretary position.

Ms.

Evelyn, would you like to continue in this role?

Or I would love to.

Fantastic.

Unless somebody else wants to.

Okay.

Do we have a nomination for Ms.

Evelyn as secretary?

Uh Mr.

Chair, I'll uh nominate Miss Evelyn to be secretary.

Fantastic.

Is there a second?

Second.

Do we have a second?

I will second that motion.

Or that nomination.

Thank you.

While we wait for the uh to see if he can uh reach Ms.

Bowman, um I can just give you a couple updates that uh uh was gonna give at the end of the meeting.

Um perfect use of time.

Um since there was no this case was approved, um we didn't get any new cases for um new complete cases for March.

Um so there won't be a March hearing.

We had talked about doing a um a training session at Mar at the March hearing, so we won't obviously we won't do that.

Um and the city attorney did say she would be able to come um to uh do the training after um a board meeting um since I know it's a little bit hard for everybody to get all the way out here um at seven o'clock, six o'clock seems maybe impossible.

Um so we'll look at dates for either April or May and kind of circulate those to all of you and make sure that that work and see which which night will work best for everyone.

Perfect.

Um can you remind me what do you know the exact date for the April meeting?

Uh April is on April 3.

Okay, thank you.

Um just a heads up to a board.

I will not be able to make that meeting.

Okay.

So um while we're waiting for Luke, this everyone is fine going after a little bit to to attend the training session.

Yeah.

I I think it was largely me that instigated the the I I can't make it before.

Which if everybody else wanted to make it before, I've had a lot of these training sessions.

I probab maybe I need one, I don't know.

But um I I just I don't think I can get here much sooner than when was the last time that we had a session?

There's been one since I've been on the board.

Um it was like a two years ago, right?

I think it was late 2024.

Because when does he have her on?

I think it was like the fall of 2024.

I think so.

Uh it's just on the it's on the first floor, so it's got uh you'll just go to the down floor and it's just around the floor from the elevation there.

Oh she was she should just park out front.

Yeah, it's easy to do.

Well, I just thought it's not a useful thing.

I just didn't know where it was, and it was confusing to me.

It is very confusing.

Especially when it's dark.

Oh yeah.

The snow doesn't help either.

How long do you think the training session will last?

Um they're typically about an hour.

Because usually we've done them before.

Um so about an hour.

Um it depends if we were doing it after, there'd obviously be more time for questions than there probably typically is.

Um but we can also gauge it if I mean we haven't been having a whole lot of cases.

Um but if it looks like we you know, if we get a whole bunch of cases, we can move it to a different month, so we're not here super late.

We'll kind of keep tabs on that too.

Probably also ought to look for those controversial cases.

Right.

Yeah.

Yeah.

There could only be one case, and it could take quite a while.

That's right.

It's been known to happen.

It's been a while, but when I first started, there would be like uh probably 10 or 15 cases on the docket, like every month.

What what has changed?

I mean, is it just the We've actually we've done a lot um of a lot of updates to the zoning ordinance?

Like we were seeing trends like front porches are a perfect example of one that we were getting they were all had to come in as a variance, and basically none of them met the the standards for a variance, but the board was like these people just want a little front porch to like give them some protection from the weather and sit outside.

Like if they all they wanted to approve these and they were approving them, sort of against all the regulations in the zoning ordinance.

Um then we started looking at like w what is the what's the you know minimum size porch you need.

Um, you know, what are people requesting, how close do they want to get, like what's an you know, what could we kind of carve out?

So then we carved out some that were allowed as a special exception.

So there was a period of time where every like every front porch was coming in for special exceptions if they didn't comply with their setback.

And then we said, well, the board's approving all of those because they all meet this criteria.

Let's make that criteria just part of the zoning ordinance and make them by right.

So for the most part, people now can come in and get an eight foot deep porch as long as it's ten feet back from the front property line.

Those are all by right.

Those all used to come to BZA.

And we probably I mean we approve I don't know, how many of those a year?

Hundreds?

It seems like everybody wants a front porch.

Um things like you see special exceptions that you know expand the non-complying wall, those used to all be variances.

And again, like the board was struggling with them meeting the actual criteria for a variance, but they just wanted to build in line with what was already built.

Um so they carved out a special exception for those.

So we we do track like if we're starting to see a lot of a particular type of case.

We try to look at those and say, does it make sense?

So there's some of those that we can carve out if they have like common denominators that you know they all make sense and they no one comes from the public and speaks in opposition.

The board wants to approve them, they're not quite meeting all the you know, the standards to actually be approved.

Can we carve out some that that um can be done by right, or can we make a special exception for them instead of a variance?

Um I think that's a big part of it is that we just keep updating our zoning ordinance.

And for a long time it wasn't updated.

Um sort of like there was a don't touch the zoning ordinance rule.

You know, if if you think along those lines, there's the you know, the one that you've been talking about just now about being in line with an existing wall that's already out of compliance.

You know, we see those coming through a lot, and I don't recall us ever saying no to one.

Yeah.

And you know, maybe that's another area that you ought to look into.

Because you know, we don't want to drag people to this this meeting if they don't have to come.

You know, and that's something that I mean it it seems pretty.

Most of them are pretty straightforward.

I will say we've had a few that were controversial between neighbors.

If it's really close to somebody else's property and they're doing a really large addition, it can be um there can be some pushback from neighbors and some worry about like blocking air and light and it really being too close to somebody's property when you start getting too tall.

But I think also like having to come through a process, a special exception for that sometimes is good in that we can work with them and say, oh, if you you know change the roof line, or if you move that to the other side, um, you know, and make this you know the part that's you need relief from more modest, more minimal, then we can typically support something like that.

So you're not always seeing the first the first try.

The first draft sometimes doesn't make it to you guys.

Well, it's just it's a sign that the department is doing doing a good job to reduce the number of cases.

We try.

Yeah.

Um supposedly it's a sign of a healthy zoning ordinance to have not a lot of VCA cases, is what I've heard.

That's great to know.

But it still needs a lot of work.

We're constantly looking for improvements.

Although one thing I'll point out is that it seems as though I've been watching the planning commission docket.

It seems as though there's a lot of things that go to the planning commission that could potentially come through here.

There is well, that is something good to just kind of give you all a heads up on that there is going to be a um potential text amendment uh related to um substandard lots and um subdivisions?

Is it both?

Umstandard lots, subdivisions, lots without runage, maybe.

Um so we are going to be looking at that to see what changes can be made to those um provisions.

It may mean that they don't need to go to planning commission at all anymore, that some of those can be by right, because sometimes they'll have a substandard lot that's like the lot is a foot too narrow.

Um it has to go through planning commission and city council um to build a new house.

Whereas if it was a foot wider the lot, they wouldn't need any type of uh they would just need to go through the regulatory process.

Um so that's something that's going to be happening in this first half of the year.

Um so there'll be some open houses and some other community engagement events that I are not yet um formulated, but we can keep you all apprised as to when those dates are coming up too if you have if you'd like to attend any of those or have thoughts on that.

Is that the only plan like big text amendment that might be coming up this year or um they just did a um a commercial zoning text amendment um for uses, which isn't really in the BZA realm, um, but they're gonna kind of do the next um city council actually asked them to to make some further changes.

Um so those are going to be coming through in the beginning half of the year as well.

Um but I think those are the only two the really big ones that I'm we just have uh text amendment on conversions, so you can be a little bit more streamlined commercial to residential convergence.

So one of the things that I see like when I've looked at the planning commission and looked at some of the cases that go through the planning commission is that it seems as though um for first of all, like uh the commercial properties seem to always go through the planning commission.

And even when uh some of the things that they're asking, if it's there's it it it seems like if the project has multiple variances that they're requesting all at once, it just automatically or something goes to the planning commission.

Whereas if if it was just like a single variance that they're asking, it may be more likely come through here.

The more it seems like the more complicated cases just go to the planning commission.

Well, when you have um anything that triggers a site plan, which those requirements are in the zoning ordinance, um, so that's a lot of your bigger projects are going to go through the site plan process.

Um they can request modifications through their site plan, which actually have a far lesser threshold than an actual variance that um the BZA hears.

Um and then one of the variance criteria is that it's not eligible for a modification.

Um so you'd have to so we they'd still need to go through their site plan process, which goes through planning commission, and then we would be pulling them out to come to BZA if they if we changed that.

It gets a little complicated with they'd be actually going to different boards, like different processes, sort of in different lines.

Also, we don't hear commercial cases.

Do we?

I mean, you could hear um if it was a single variant, something that didn't need a site plan, they just needed relief.

The also a lot of commercial um uses don't require the same setbacks that residential uses or zones require.

Um so there's not as many setback requirements for commercial uses.

The BZA can't hear anything use related, so like that's why there's a special use permit process that goes through Planning Commission City Council for certain uses.

Um but the BCA doesn't have authority over granting a use that's not allowed in the zone.

So how long are those planning commission meetings typically I mean they could be many, I mean many hours.

I mean five.

Gosh, yeah.

I mean they they often go till midnight.

Yeah.

And city council can run all day on the Saturday.

Yeah.

I definitely definitely don't want to be on the planning commission.

So does the text amendment go into effect after there's a city council vote?

Or how does an amendment a text amendment?

Yeah.

So they can be initiated lots of ways.

Sometimes city council asks us to sort of look into something.

Sometimes we and it's initiated by the city manager.

We make a recommendation, kind of like we make recommendations to the VZA.

We take it to the planning commission.

The planning commission then makes a recommendation to city council.

And City Council initiates and approves the text amendment, and then there's a second reading.

Usually the month after they approve it, the city council does a second reading, and then that's when it actually becomes law.

And then it takes forever to get updated in the Municode online.

Even though it's law.

I guess she was really lost.

You could recess the meeting.

And then if anyone if you wanted to.

Would anyone like to explore the new building?

Why not?

Or actually step up.

Anywhere in the new building.

Not very far.

I'm happy to just sit here and wait until she shows up.

I mean, she's obviously on our way, so I don't have anywhere to go.

We don't need to be rounding me up if I go one or something.

By staying in session, are we making the minutes review for the next meeting?

Possibly quite difficult.

Okay.

Good to know.

I think the this discussion doesn't need to be part of the meeting minutes.

Like the past fifteen minutes or so.

Okay.

I'll call it informal board discussion.

Do you want a motion for a recess?

Temporary recess.

You didn't want to sit in silence.

No.

I will make a motion to recess for 10 minutes.

How about we recess until Miss Bauman gets here?

That's fine too.

Okay.

I'll second that motion.

In favor of say aye.

Aye.

Motion is approved.

So would you all think that Super Bowl last night?

Boring.

That was as close as you can get to quality big 10 football playing at the level.

It was beautiful to watch.

For a lot of money, yeah.

So much the ball was kicked many times in a variety of different scenarios.

It was cool.

So did you really like the halftime show?

Yes.

I did actually.

I really appreciated how like it brought in the like togetherness that a lot of people can have, and how it really was about all of which you might have to do.

Okay.

I can read sorry, restart the meeting.

Okay.

So the last item on the docket are the election of board officers.

Um we have already confirmed the positions for chairman, um, which I will continue on for the next year, and then the secretary position, which Ms.

Evelyn will um continue for the next year as well.

Um so Ms.

Bauman, would you like would you or let me just open it up to to the board?

Um Ms.

Bauman is currently the the vice chair.

Does do anyone besides Ms.

Bauman would like to nominate themselves for the position?

Or if not, would anyone like to nominate Ms.

Bauman?

Mr.

Chair, I'd like to nominate Ms.

Bauman for the position of vice chair.

I second that nomination.

Okay.

All those in favor of that motion say aye.

Aye.

Aye.

Aye.

All those against hearing none, that motion is approved.

Thank you.

I apologize.

Should we vote for the rest?

Could we didn't vote for the chair or secretariat?

Oh yet.

We did not.

Yes.

So we will do the do the whole slide.

Okay.

Um so do we have a motion to um approve the all three positions?

Uh myself as chairman continuing forward for this year, Ms.

Ballman for Vice Chair, and uh Miss Evelyn as secretary.

Uh Mr.

Chair, I'd like to make a motion to to uh vote to approve for all the uh board positions.

Thank you, Mr.

Foley.

Do we have a second?

I second that motion.

Okay.

All those in favor, please say aye.

Aye.

Aye.

Aye.

All those against hearing none, that motion is approved.

Thank you all.

And this meeting is adjourned.