We are here on case number BA25-027 V, an application by John Lynn for a variance for an existing deck for an incursion into the rear setback.

And the request is to decrease the rear 25 foot rear setback down to seven feet.

And I should note for the record that in this particular zone, a 10-foot incursion is in permitted.

And therefore, in reality, the request is just for an additional eight feet.

However, the request has to be approved, if at all, for the entire 10 uh 18 feet.

So Mr.

Lynn, this is your case.

So I'm gonna ask that you go take that seat right.

You know what?

You're perfect.

Just stay right there.

Turn on your mic.

She I think she just did.

Yes.

Perfect.

And then I'm gonna swear you in.

Okay.

Do you solemnly swear a referment of the penalties of perjury that the responses given and statements made should be the truth, the whole truth, and nothing but the truth?

Yes, ma'am.

Thank you.

Please state your name and address for the record.

John Lynn and my address is 11168 Eugene Avenue, Fulton, Maryland, 20759.

Okay, thank you.

All right, this is your application, so this is your case.

So tell me what you want to tell me.

So a few years ago, I wanted to build a deck on the back of my house, and I went through the proper procedures of getting my HOA to approve my uh deck.

I got the drawing scale through my general contractor, architectural design and everything, followed protocol.

I got it up.

I part of the eight my HOA, which is tends to be pretty strict on uh it's a new neighborhood built by NV Homes a few years ago, and it seems that my neighbors tend to have high expectations on following the rules and building things that are high quality and you know pertaining to everyone else, the surroundings and going well with well with all the other new built homes and their additions they've added either decks or uh indoor outdoor decks or any other additions they add on their house.

And so I got it approved by the HOA, and while having to do that, I had to one of the things that were required of me was to have three neighbors sign, and I it didn't specify which neighbors needed to be, so I could have you know c gone the easy route and had you know somewhat we have a 200 homes in the neighborhood.

I could have gone to some people that in the the back of the neighborhood that I'm not necessarily you know would it wouldn't matter to them because they wouldn't be seeing on a daily basis, but I went for the hardest route and went for the my two next door neighbors on each side of me that would be looking at the deck every day, and then one across the street from me, which would see it every day by turning into their neigh driveway.

So all three of them I knocked on their door and they signed the they based off the pictures and the drawings and the explanation of what it would look like, they signed and said that actually it would be a positive addition to the neighborhood.

Um moving forward, my general contractor uh had a administrator at his office to leave the his business, but in the process of us getting uh you guys have uh documentation that I did some through my general contractor, their architectural design team that they use, submitted their original um request, and between the my general contractors uh employee leaving there was definitely a miscommunication of it being the like acceptable through the county, then just being accepted through the hoa and months later after the completion of the deck, I started beginning getting like a neon door hangers or stickers on my door, and I contacted the number that was on it and followed protocol up to this point, and I believe that although I respect the the the department and how you know Howard County wouldn't have its positive connotation of you know a well-respected county if not in the whole United States to have you know the building permits and the necessary documentations to build things properly safely and respecting to neighbors.

I feel that um uh although building building it without the complete um decision by the county to that it's acceptable to encroach in the back.

So I believe that's it.

Okay.

When you started getting those orange stickers, yeah, I assume they were probably stop work or no, it was after completion.

So it just said uh inspection or needed or something other than so.

Did you get an inspection from the county?

I did I get an inspect.

I would literally had the the it I would get these neon stickers, I would say uh electrical and building permit request or something of that nature, and I would have so I would call the number, and that guy the guy would either gentleman would say, Can you call the the main number?

And I kind of had difficulty getting to the right person, and eventually I got connected with Justin Tyler, and he's been a breeze to work with, and uh did I get a uh inspect I basically when I started dealing with Justin, he said he gave me the thing the necessary documentations and things to submit in order to get to the point where I am now.

So no from what I I've invited them to come to my deck to either tell me what needed to be fixed or anything like that, but from as far as I know, I wasn't required to after that fact, it wasn't like in the middle of working on the deck, was I just like deflecting them, it was after the fact the deck was completed.

So um Justin did not say to you that you need to apply for a building permit.

I believe I did do that, but but he said that after explaining a bunch of things in person and over the phone, he said this is what you need to do, apply for a variance, and the because that was the major thing that that got that got denied.

Uh and I didn't know this until after the fact that when I started, I looked into it and said, Well, my general contractor said that he submitted a building requ request, and I didn't even have access to like the portal because I'm not the one who submitted it originally, so I didn't have access to the email, you know, password to get into the thing.

Eventually I had to take matters in my own hands, and they made me my own portal and like transferred those initial documents and requests into my name instead of my let's call it my general contractor, but ended up being as like arch architectural company that he subbed it out to.

So that was a mess because I didn't I didn't I had to work around those obstacles of eventually becoming the person, you know, although I'm the homeowner I didn't initially submit it, and I didn't know at the time that the it was encroaching, so I wouldn't have put all the money that I invested in the deck to find out that I doesn't pass county rules.

Okay, I suspect not knowing, I suspect that um your building permit, if it ever really got started with your general contractor, then got held by the county because it needed the variance to come first.

Correct, correct.

Okay, okay.

So after if this gets granted, I think you need to take this variance back to Justin and say, what do we do next?

Because I have a feeling that you're gonna need to reactivate that building permit, and some inspectors gonna come out and just say it looks great or or whatever.

Okay, so that step probably has to happen.

This step has to happen first.

Yes, ma'am.

Okay, so there are five uh findings that I have to make in order to approve this variance.

So help me make these findings with you.

Okay.

I have to find that there are unusual conditions, physical conditions, so conditions of a lot, topography, um, including irregularity, narrowness or shallowness of the lot or shape, exceptional topography, or other existing features peculiar to the particular lot, and as a result of these uh unique physical their practical difficulties.