Thank you.

Any oppositions?

Minutes are adopted.

The board will now conduct the public hearings on today's agenda.

First, the applicant or the applicant's representative will state the reasons for the requested variance and present any material or documentation which is to be considered regarding the proposal.

Next, persons wishing to speak in favor of the proposal will be given the opportunity to address the board.

Then persons who wish to speak in opposition will be allowed to address the board.

Finally, the applicant or a representative will be given the option to make any closing arguments or comments to the board.

Following the public hearings this afternoon, the board may make a decision on each application heard.

The board may also decide to hold its decision until the next public hearing.

If the hearing is closed, no additional information will be allowed into the record except for information the board may request.

That information will be available for public viewing at the zoning office in one park place, 300 South State Street.

Staff will now introduce the first application.

All right.

I'm from the Greater Syracuse Property Development Corporation, also known as the Greater Syracuse Land Bank.

The land bank uh listed this property for sale and attempted to find a buyer uh who could convert the existing building into a use allowed in an R2 zoning district.

We've been unable to find any buyer, uh willing to convert the 912 square foot building into a residence.

If we were to demolish it, you could probably squeeze a small, like 1200 square foot uh two-story house, but it would cost about 450,000 to build.

And the post-construction value would estimate, we estimate would be approximately 200,000.

Um to demolish it and sell the lot as a side lot to the neighbor would also result in a negative ROI.

It would cost approximately 25,000 to demolish the property, and the assessed land value is just about 10,000.

Umable to find any alternatives, we all entertained an offer from a buyer who wishes to use the building as a residential leasing office.

Uh the property is unique in that the existing building was designed to function as a florist and not for any other use allowed by right in the zoning district.

The building is only 912 square feet.

The parcel is also unique in that it is small and unusually shaped.

While it is technically buildable without having to apply for an area variant since it's pre since it is pre-existing, the lot doesn't conform to the zoning ordinance requirements for 4,000 square feet of area for a single family house.

It's also less than desirable for a new residence given that Calvin Street is a very heavily trafficked uh area and the property is located adjacent to a cemetery.

Uh our buyer plans to demolish the greenhouse attached to the southeast uh facade of the building, but otherwise will not make significant changes uh to the exterior of the building.

Uh we don't anticipate any significant visual changes uh from the existing conditions, uh other than repaving and restriping the parking lot and adding landscaping, which would actually improve the curb appeal of the property.

Uh this use will not generate significant traffic.

It will be open to the public by appointment only, and rental agents mostly meet uh potential tenants at the available units.

One full-time and one part-time employee were work out of this location.

Uh we believe this is not a self-imposed hardship because the land bank receives all the city's foreclosed properties, whether they're legal nonconformities or nothing else you wish to add?

That's all.

Any questions from the board for the applicant I'm just looking at the letter that you received in mentions the buyer living pretty far away.

Do you guys still have the policy that if it's uh out of town purchaser that there has to be a property manager within like a certain radius?

Yes.

Um and they they do have that.

Yeah, I just wanted to make a positive uh positive comment that um the propo the owner, proposed owner um is maintaining the building.

Because it does, even though it's not um on the city's historic properties list, it does have an interesting history.

I think it's the last it's associated with the dual greenhouses where the apartments are in the back.

That's the whole reason you know that flower shop was put there.

Um and it is somewhat of a neighborhood landmark um including the greenhouse on the side, which the person who wrote in um was just stressed about you know hearing that it would be torn down.

So I was wondering if there is a way to encourage the owner to keep that.

I realize it's sort of beyond the scope of our zoning, but we have uh would you like to speak to that?

Yep, you might don't mind uh stepping up, and everybody if you choose to speak, uh stepping up to the mic stating your name and your address for the record.

Thank you.

My name is Vaughn Lang, uh 6838 East Genesee Street, Fayetteville, New York.

I'm an attorney representing the prospective purchaser.

Um the idea about taking down that area that you just referred to uh was it's not uh it'll create a parking space, it'll create the handicapped access, which does not presently exist.

Uh so it if uh the prospective purchaser thought it would be better to take it down.

There is no objection, it takes out as I recall the parking space, and we'd have to reconfigure the um handicapped access, but if that be a condition of the acquisition, uh then I don't believe that the purchaser would have any problem in leaving the greenhouse area in its present location.

Just a clarification is so the parking will be expanded as part of this.

Is that um no?

I mean, as you may see in the the side plan, um the parking actually will be reduced in amount of the um the law coverage and to bring you some like a green space um and returning and make shorter curb cuts.

So it's access from the parking lot.

Right.

Any other than other than that, um the greenhouse was superfluous to us, is I guess what we're saying.

Just note it it is uh there is some of the glasses broken, but it's an aluminum frame greenhouse and is in good condition overall for my personal observation.

Whatever the board decides, I think it's important uh that this come off the rolls of GSPDC, and we it's finally transferred to an owner.

So uh unfortunately we probably can't dictate the structural maintenance of a building on a use variance, but it is noted for the record, and certainly uh your comments and the land bank uh we appreciate that.

But I don't think we can dictate that in our ruling.

Um but uh yeah, it I guess it really just depends on you know the the extent of the conditions.

So there you have it.

Um any other questions or comments from the board for the applicants?

Just one quick question.

You said uh it would cost approximately 400,000 with the 200,000 return, correct?

Yes.

Okay.

Yeah, about 450,000 dollars is what we estimate uh a small two-story house to cost construct.

Thank you.

Uh is there anybody else who wishes to speak in favor of the application?

Great.

Is there anybody who wishes to speak against the application?

Just for seeing the director, um, our office they receive a letter for opposition, uh, which is uh already distributed to the board.

Um thank you.

Hello.

Uh thank you, uh ladies and gentlemen of the board of zoning appeals.

Uh my name is William Al Murphy Jr.

I'm the president of Space Architectural.

Uh we're out in Skinny Alis, New York.

Um I've been working uh on this parcel for a period of time for another interested party.

Uh it's my understanding you've received a letter from said interested party earlier today in opposition uh to this project.

Use variances have a uh very high ladder uh to climb in order to be approved.

Um this property is very unique, and its proximity to the graveyard is uh and cemetery is uh very very close.

Uh when you walk around uh the greenhouse area to the right, um there are graves pretty pretty pretty tight to that property line.

Um I just I guess I have a couple concerns as an architect.

One, the unique character of this building.

Uh we do believe that the aluminum frame uh greenhouse is in pretty good shape and uh with a couple of glass panels uh could be repaired.

What's causing um the glass panels to break is the black walnut tree that's located nearby and uh as the walnuts fall in the fall, they've uh you know damaged the uh glass greenhouse.

Um but the proximity of this greenhouse and why it was approved when it was because the use is so symbiotic and associated with the cemetery.

When we switch to just an office at this location, it takes away some of that uh unique special time that that members cherish when they're uh visiting their uh past uh people and loved ones.

So I guess I would urge uh the board to consider um this very carefully because you know use variances really are very, very tough to come by, and just to get something off of the the tax roll and and a better spot for the land bank shouldn't be the uh main thrust behind uh you know these types of decisions.

Um I do believe that the flower shop was a uh great amenity to this community at one time and potentially could be again.

Um just maybe the uh right uh owner or proprietor hasn't hasn't come through yet again.

So um I'll I'll leave you with that.

Thank you for your time.

Thank you.

Uh is there anybody else who wishes wishes to speak against the application?

I have a photo, may I admit it?

Good afternoon.

I'm Joseph Italiano.

Um I have a general objection to the office.

Could you also just state your address for the record?

Thank you.

Sorry.

Yes, my business address is 1115 East Calvin Street, Syracuse, New York.

13210.

Well, I have a general objection to the office use variants at 1115 East Carlin Street.

I grew up, live and work in this district.

Um the variance proposed would change the neighborhood character.

Um also we don't want to initiate a spread over time of home conversions to higher density non-owner occupied houses.

Um other neighbors and myself have successfully kept the neighborhood nice, and I believe that is a beneficial virtue to maintain.

If approved, this variance would ultimately read lead to the relaxing that is a change to zoning ordinance itself.

Thank you very much.

Thank you.

Uh as I noted, if the applicant has anything they wish to say in response to any of the comments, you have that opportunity now.

Jump in.

So to the first point, the gentleman from uh Skinny Atlas.

Uh we did try, the land bank did try to market this as a floor floral shop or some other type of business that would fit within this uh zoning uh requirement.

We weren't unable to to do that.

Um I don't know the reason for that, whether it's the location or the business.

Uh you know, we also believe that actually remove removing the greenhouse would improve the appearance and actually make it fit in better um with the rest of the residential neighborhood.

Um with Mr.

Taliano has filed multiple lawsuits against the land bank uh over this property.

Um testing the city's foreclosure, all those lawsuits have been dismissed.

We will continue to vigorously defend uh against these types of suits should he attempt to appeal or file any new complaints.

Um we've owned this property since January of 2023, and we are within our legal rights to sell it.

Um these allegations have nothing to do with the uh use variants we are requesting today.

We expect to complete this transaction for which we're currently under contract and sell the property to University Hill Apartments should the variance application be approved.

Um Mr.

Taliano paid uh was the former owner of this property, uh no longer.

No property taxes were paid from 2008 to 2023.

Shortly after the foreclosure, we tried to make arrangements for Mr.

Taliano to buy the property back.

Home headquarters secured approximately 40,000 in grants and offered him a loan for the remainder of the approximately 82,000 dollars in back taxes that were owed at the time of foreclosure, but he refused to come to the closing and sign the paperwork.

Um we've washed our hands of this possibility and are now working to fulfill our mission of returning properties to the tax rolls and to productive use, and we think this is the best way to do that.

Thank you so much.

Thank you.

You may, Otis.

Now there's a uh commercial use that's going to come into this property right now as offices, correct?

Yes.

Okay.

One, yeah, just an office with one full-time employee and one part-time employee.

Um, and again, with appointments, you know, only available by appointment.

Okay.

And they're just going to remove the greenhouse portion to enhance the visual of the property, correct?

Sir Lang, would you like to?

And you move the part and okay.

Very good.

And this has been a commercial property since 1940s.

Okay.

Yes.

And as you stated, for three years, you tried to get another floral shop.

Yes.

Or another business person to take it over as a floral shop.

Yes.

And we were unable to find it.

No.

Okay.

Okay.

Uh, with that, I will call that public hearing closed.

Thank you.

Just one thing for uh board's knowledge.

Since this property is being taken by land bank since 2023 has been wakened.

Uh the previous non-conforming flower shop has expired.

Um, I said this property comes to the lost the ability to be as a flower shop again, even though um there will be not a proposal for it.

It will become before you for another uh use evidence.

Thank you, Nate.

Possible just um, and this maybe could be a discussion for later, but just the um appropriateness of that zone district for this area.

Um not that we're gonna change that here, but at some point, it seems like the city should reevaluate that R2 district.

I mean, there's a market across this was traditionally very mixed area.

Um there's a two-family house across the street, there's a market across the street, there was this flower shop.

So it in my mind it is not a low residential, low density residential district.

And in fact, right behind the greenhouses are all these apartments.

So unless that's in a different zone.

Uh I do think we should take that offline noted, um, helpful.

Um, I think that covers us.

Okay.

Uh does somebody want to do seeker for this?

I was gonna do seeker Nate.

Someone has to make a motion on the seeker, Nate.

Uh would someone like to make a motion on the seeker.

Um, so I have a couple questions before the motion.

Has everybody has a chance to review the short EAF part one?

Yes.

Is everyone familiar with the 11 question of the short EAF part two?

Yes.

Okay, based on that, do you all believe this project will have it any large moderate impact?

No.

No.

Because you do not believe there will be any moderate to large impacts.

I recommend that you vote to issue an active decoration on the C Core or and complete the EAF parsery accordingly.

Great, thank you.

Someone like to make a motion for a negative declaration on V2026 13.

I will make that motion.

Great.

Is there a second?

Great.

All those in favor?

Aye.

Against abstentions?

Great.

All right.

That being done, would anybody like to make a motion on the use variance here before us?

V2020 2613.

I'm gonna make a motion to approve the use variance.

Great.

Anyone want to make a second?

I'll make a second.

Great.

All right.

Um I got it.

Okay.

Will you take us through the standards approved for your motion?

Sure.

Um for the uh use variance approval criteria.

The first is is the applicant unable to achieve a reasonable return for any use allowed in that zone district.

Um, given the physical properties of this uh lot, uh it's you know, a residential use, we've heard is not viable.

Um is there a unique circumstance that applies to the property?

Um it is on an unusually small lot to um does not meet the minimum lot requirements for a single unit attached structure in its current configuration.

Um and the existing structure was constructed as a commercial building and was used for in that function for many decades.

Is the hardship self-created?

The hardship is not self-created, it was inherited, and the structure has never been used for permitted residential use in our two zone district.

And will the neighborhood character be altered based on the proposed scope?

Um to remove the existing greenhouse, there would not be an impact on the overall neighborhood character.

The structure has long been utilized for commercial purposes, and the new new use is not more intensive than the previous retail general use type.

Great.

Thank you.

Anything to add, Otis?

Yeah, I would just uh uh encourage the applicant to follow the three uh conditions.

Uh you know, the applicant shall uh comply with the general conditions for approval on a use variance application in the future expansions of the use will require a separate use variance application and a site plan review for proposed office land use.

Type shall be uh completed prior to occupation of the new use.

So uh I would just encourage that they follow those three conditions.

Excellent.

All right, I got the thumbs up.

Uh all those in favor of the motion to approve the use variants for V26 2026 13.

Uh against I.

Yeah, we got your eye.

Oh, okay.

I just thought you said again.

I against.

Sorry.

Do it again, Otis.

Again.

None abstentions.

Great.

All right.

We are closed on 2026 13.

Would staff introduce the second application?

The next agenda I didn't.

Um, we're six fourteen is an area of variance for relief to encroach in a minimum four fee size setback requirement to allow the construction or rear deck.

Location is 303 Buckingham F.

Um, honor at our applicant as Mayor's Art Text, and this is a R1 zone district.

Great.

Uh is the applicant here.

Great.

Good afternoon, and thanks for the opportunity to present my application.

Uh my name is Mirza Teach.

I own 203 Buckingham MU, and I'm here because I want to build a deck uh in my backyard.

So the house at 203 Buckingham was built in 1900.

It has about the lot has about 4,000 square feet.

That's how it was built when I got it.

And as you know, the rule says it has to be four feet uh from the side property line.

My house is already 2.8 feet as you can see it on the right side.

Um that's how it was done 100 years ago.

So I want to add just the deck in the in the back of the house, nothing fancy, but I have ever given the the structure of the house and the narrowness of the lot, it doesn't really allow me to do anything that's nothing better than what I presented here.

The house is already closed.

Um so I'm here really just asking for variance for the side set deck, and uh I think the deck won't change the neighborhood.

The neighbors won't be affected, and you should not be able to see it from the street when you're looking from Buckingham Avenue.

So I'm just asking for small exception to do the simple build a deck on the back of my house.

Thank you, and I'm here to answer any questions that you might have.

Great.

Does staff have any or does the board have any questions for the applicant?

There's a a room underneath the second story porch that projects out beyond the door.

What is in that room?

Oh, that's a kitchen.

Okay, so it wouldn't be feasible to put a door to the deck from the kitchen because you wouldn't have to be able to do it.

Okay.

Yeah, exactly.

There is a window there, we have cabinets and stove is there as well.

Gotcha.

So we did consider all those things, even going on the side, but uh I think it used to be porch, and then I don't know when somebody did built it in and then created extended the kitchen.

Okay.

So we would just like extend where the stairs are, just keep extending because the stairs are these existing structure.

Um also it seems like there's a unique circumstance here too, in that the neighboring driveway goes right up and maybe even over the property line.

Is that correct?

A little bit, yes.

Yeah.

Is your deck going to have a fence on one or any kind of visual screen?

I was not planning to do that.

I'm sorry.

I was not planning to add any visual screen uh at this point, just simple railing.

Other questions from the board or the applicant?

I just have one question.

Uh and I think it was based on the letter that I read here that uh just came in.

Uh is there a great elevation or drop off on a property next door?

There is a drop when you go maybe uh at the garages, you see the back end of the garage.

If you go straight to the right, there is a drop going down.

Unfortunately, I don't have a picture of that.

Okay.

Yeah, it's the uh ray uh change.

Maybe it goes three feet down.

Uh will it um really impact the uh privacy of the house below you?

Look where it is.

I'm not really extending far.

There is already fence.

The neighbor has a fence there.

Is there there's a deck on the neighboring property?

I see that.

Yeah, he has a deck as well.

Yeah, I see that.

So I'm looking to do something similar to what the neighbor has.

This house was uh vacant prior.

Is that right?

Yeah, it was vacant for almost 30 years.

So wow.

Okay.

Any other questions from the board?

Great.

Is there anybody uh who wishes to speak in favor of the application?

No.

All right.

Is there anybody who wishes to speak against the application?

Okay.

Uh you gotta come up, please, and state your name and your address for the record.

Yeah, yeah.

Yep, no, that's fine.

I just um we do have your letter, so I want to make sure that we are sticking to the what we are able to rule on today as well.

Um my name is Anne Ely.

I live at 326 Kensington Road, so I'm a little kiddie corner from this property.

I guess some of our concerns are yes, the encroachment was pre-existing, but what we're doing by building the deck is making the encroach, we're perpetuating the encroachment on the area that it's taking up.

Um this neighborhood, the backyards are very close together, especially in this this section that runs kind of in a triangle.

Um the backyards are so close, and it's become thankfully more of a family-oriented neighborhood as opposed to being student rentals.

Some of our concern is is this going to be owner, owner occupied by the owner and not going to be passed on to to an owner that's going to rent it out as a student rental with a deck on the back, the proximity to these other homes.

With a deck on the back, the proximity to these other homes.

You know, is it going to be a a party deck?

Um is there a possibility this could have been a patio, um, something down ground level, as opposed to extending it out and building another deck.

I think some of our other concerns, and I don't know if this is the right forum for it, but some of the renovation I think according to city code, you are not supposed to asphalt paved city sidewalk.

And the city sidewalk in front of this home has already been paved, and it runs the asphalt runs straight up to the house and then to the road.

So I guess I'm seeing some pieces of the renovation that already seem not too comply.

Um I haven't seen a work permit posted.

So I guess these are just some of the concerns that we as neighbors, and we are all just behind on Kensington Road behind this this residence.

So thank you so much.

You're welcome.

My name's Tony Guides, and I live directly behind the house on uh 324 Kensington Road.

Um my concern is is that there's a front porch, there's a second floor porch, and now we need a deck.

And that land is up very high.

That deck is gonna bring it up even farther, right underneath our bedroom window.

Is because there's no room back there.

There's absolutely no room.

And it just seems like kind of crazy to build more of an encroachment.

But that's our two thousand.

Thank you.

Hi, my name is Beth Lawler Bailey.

I have a paralyzed vocal cord, so this is the best I can sound.

I live at 320 Kensington Road.

My house, my backyard directly borders the property we're talking about.

And um, it may be my email that you got.

We have that.

Yeah, that's all I wanted to say.

Is that you know, and I don't know if I don't care if it's a deck, a patio, but is there any way that it can be like a privacy wall, a privacy fence installed so that I still have some privacy in my backyard.

I have a six-foot fence right now, but it's at the low part.

And I know because I've been in that backyard before.

I know you can see right into my yard, right into my screen porch, right into my back porch.

And if if he doesn't put up a privacy fence, then I'm gonna have to do a request for an ordinance, however, you do it, and I'm gonna have to ask for like a huge fence that's gonna be a huge additional cost for me.

And I don't see where I should have to bear the cost of someone else's variance in order to have privacy.

Already that garage is over the property line, but it's been I mean, it's been that way for a long time, so that's not a problem.

But I just no, I'm not saying I'm opposed necessarily to his deck, but it's already high ground, it's gonna be four feet higher, and I'm just would like to see something done so that I have a little privacy, especially if it ends up in a few years, people's plans change, houses become student rentals.

We've had them on our street before for a number of years, and then they become owner-occupied.

I dread to think what it would be like if it was a student rental with a big deck in the backyard.

That's all I wanted to say.

Thank you for your comments and your email.

Is there anybody else who wishes to speak against the application?

Um, at this time, if the applicant has anything they want to respond, this would be the moment.

Thank you, and thank the neighbors for very valid concerns.

Seems like privacy is is is major concern for the neighbors.

And if you look at above the kitchen, there's open deck.

So there's all if I so if I really want to look at the at the neighborhood's going on, I have a better view from above there, eight feet more than from the deck itself as well.

So and in terms of the the the quotes, I've been following quotes.

We just put new electric, we went through the city and and the courts, regular permits Karen Jones did the work.

So we are doing it just the roof, so you invest a lot of money in the house.

And uh again, trying to be good neighbors and and improve the neighbor as much as we can, but also try to make the house more enjoyable as we can make it more livable.

It's it's great house, but having also outside place so we can barbecue.

That's queen it you can walk out of the kitchen.

That's what we're looking for.

So again, thank you and thank the neighbors as well.

Question question for the applicant.

Do you happen to know how far the what the grade changes from where that deck is to the neighbor's property?

Is it it sounds like it's six feet if you're seeing over the top of the fence?

Is that true?

The the the porch you mean or as uh from the the back stair down to their property.

What do you what's your approximate excuse me, approximation on on what the fall is there?

Is it four feet, six feet as you walk down that slope?

About three feet.

Three feet?

Yeah.

Are you opposed to adding any sort of screening?

Whether it doesn't necessarily have to be uh uh a hard fence, but uh any sort of plantings uh in the rear parking lot?

I'd be happy to plant some of the greens, green trees or brushes.

The survey to give more privacy.

Is is the plan uh owner occupied the property?

I'm sorry if I missed this.

Oh, put on that you touched too much.

Here is about a three foot drop and elevation, maybe less, maybe more, but it is at least three feet.

And again, it starts with the line of the garage.

Okay.

Will you be living in this property?

No, I will not.

I'm planning to use it as an Air B for now, and uh because I live in the neighborhood, maybe as an empty nester.

That's the plan long term.

Have you considered a patio instead of a raised deck?

We have considered the patio.

Um again, doesn't address the parties and stuff, so it's the same thing for entertainment.

Well the concern I think on the neighbors is the elevation of the deck.

Again, the elevation, I can see everything perfect, like really detailed from my kitchen.

Not kitchen from the from the I have a porch above porch, yeah.

And it's you know, it's not enclosed porch.

So I can see everything in the neighborhood.

Um I think the concern is outdoor, the potential for outdoor parties.

There is you said an Airbnb is how you're going to use this.

Yes.

Because I know there's um just up the block, there's another house that's been converted to an Airbnb.

On occasion, the renters do have parties, loud parties in those places.

So I you know, I think that's part of maybe what the concern is here.

And then a deck could foster that.

I guess partly a visual as well as uh noise thing, but the noise wouldn't be affected.

I understand, and I do have several other I have one one Airbnb in East Syracuse with the deck, and we make it rule that there's no parties, and from 40 rentals, I might have two parties which were just graduation parties, the kids had on the 4th of July party.

So I would do the same thing on the 4th of July and and other dates as well, have a party.

So even if I was living there, what does it mean that I cannot invite friends over and have party myself?

Is it uh do you have renters in there uh presently?

No, no, we're still remodeling it.

Oh, still remote.

So we've been working on it since January.

Okay.

Yeah.

Any other questions for the applicant from the board?

No.

Okay.

Thank you so much.

Thank you.

All right.

I'm gonna call that.

I want to think to add it.

Um since we know the applicant and intend to use as a Airbnb.

Um my staff just do the creek zoning trip um search.

R1 Airbnb as a um bat and breakfast in is not permitted.

Airbnb or rentals per all rentals.

Airbnb.

Short-term rentals.

Yes.

Okay.

What does it mean?

So short-term rentals are prohibited in R1 zoning districts.

But long-term rentals are allowed.

Okay.

So we could rent it to a tenant for a year, but he couldn't do an Airbnb.

But is this going to be a long-term rental?

Did he say that?

Did I miss that?

Airbnb.

But you said that's not allowed, correct?

Yes, as a factor, just know that applicants in 10.

Currently, as far as do single family house, um, but his future intent would affect um the application.

Okay.

So there's if I may ask, there's I cannot do Airbnb in that house.

The land use type is not, yeah.

If that's the case, then I'll have to sell the house.

You would sell it rather than operate it as a long-term rental.

Either the rent it or rent it long term or sell it.

So I think that's a good thing.

So you can you can do long-term rental.

Okay, just can't do short term.

I didn't know that law, so I'm glad.

Uh I mean pretty sure it's putting it up for um further information and the boys are aware of this now.

Yeah, maybe if I can make a suggestion, also put it in application, then we do it.

Like what's the purpose?

Maybe it was, maybe I missed it.

Why do I have shared information with you guys if it was in the application?

Maybe it was.

I can have missed it.

So in that case, then my I have to change it and we'll either do rental or sell it depends.

Correct.

The initial uh application come to us as an area range for deck, and it's appears a single family house.

Um I think that as a suggestion would be in intake as a you know, future um policy would be more clear was what exactly the owner wants to do.

Okay.

Okay.

Uh what are you defining as uh okay?

We can't rule on that right now, but it's outside of our purview.

So if there's an ordinance, the we'll have to deal with that offline, but we can't really rule using that information right now.

And that's fine.

Uh but the question now we can discuss, correct?

Yep.

All right.

Uh the the discussion based on what I've read.

Uh the approval would be okay based on the area of variance, even though they were over in some areas.

I think the deck was gonna be like four feet, and I think what I read was like between 2.5 and 2.8 feet at this point.

Did I read that correct?

Yes, actually it's a 2.5 setback you're approving for this deck.

I have a question for the applicant.

What did you say?

I have a question for the applicant.

Yeah.

Would you be willing to install a six-foot-tall solid stockade fence for privacy on the eastern edge of the deck?

Where is the eastern edge?

The back.

The back stocking six foot.

Where exactly?

Along along that edge blocking the the back of the deck so that it's blocking the view of the backyard from the deck.

So not a fence at the end of the property line, but a uh essentially fence on the edge of the deck, is what you're saying.

Yeah, yeah.

For example, I would be willing to do it at the edge of the garage because that's right before the the drop.

So right before the drop goes, the line of the garages as you go right.

I'd be happy to do a six-foot six-foot fence there.

But that would only be two feet higher than the floor of the deck because the deck is four feet off the ground.

Okay, so maybe I'm misunderstood what he asked.

Yeah.

She's suggesting on the on the deck itself, a four a six-foot fence.

Sometimes you see on decks, it's more common, I think, to have a privacy wall on the side because you're often looking into your neighbor's yard side to side.

This is unusual that you'd be looking down behind.

But um, I've seen that done on quite a few decks that people will put a partial wall for privacy.

Uh my only concern would be construction.

Uh I don't know how the permit department would rule it as a structure, is it additional structure or is a fence?

Uh, because it's you're exceeding the load on the deck potentially.

Yeah, that would uh change the the way we look at a whole application if there's a talking about six fence over the deck.

Um board's concern is pretty legit, and we can discuss it around like what exactly there's more fencing around the property would help the uh saturation.

So if it wasn't on the deck, what is the tallest fence that you're allowed to build in the city?

In the residential uh area backyard can do six feet.

Okay.

Privacy.

Yeah.

Okay.

What about the option of uh planting screen uh screening hedge such as Arbor Vida that will grow quickly and that's better?

As I said, I'll be happy to do that to plant those tall green T's terminals there to prevent because the structurally it might be eyesore.

Yeah.

So I don't want to also create an ice for the neighbors complain what I built doesn't look nice as well.

So maybe not these neighbors, but others might complain.

The privacy wall is not a ideal solution because then you can't even see your own backyard, but something along the rear property line that gets very tall would be great.

I'd like to condition that.

Can we make that condition on that some sort of vegetative screening?

Yeah.

Okay.

All right.

Do we want to say of a particular height?

Or that we'll reach a particular mature height?

At least eight to ten feet.

At least eight to ten feet.

Okay.

A minimum of any other comments, discussion with the board.

No.

Alright.

I'm gonna call that public hearing closed.

I don't know why I do it.

All right.

Uh we need to do seeker, Nate.

Um this one does not.

It's a type of thank you for checking.

You got it, though.

All right.

Uh may I have a motion on V 2026 14.

Motion uh to approve uh the deck as designed with the condition of uh eight to ten foot uh vegetative screening along the rear property line.

Great.

Uh is there a second?

Second.

Could you take us through the standards of proof?

All right.

Uh for the standards of proof uh in terms of neighborhood character analysis.

Um I believe, I mean, there's other decks in the area, so I don't think there's no significant change uh of adding the deck to the building.

Feasibility of alternatives.

Uh he discussed adding a patio, but in terms of access to the site, access to the rear of the property.

It sounds like a deck uh is better for his uh operating uh substantiality, the building already extends into that setback, so this is just an extension of that uh already non-conforming use.

Excuse me.

Smoke in the air.

Um Canada.

Adverse effect of I'm just coughing up here.

Adverse effect analysis.

Um there's no impact to the to the environment, and then self-created, it obviously is self-created.

He he of him wanting to build a deck.

Thank you.

Thank you.

Oh, you seconded it.

Caitlin, anything to add?

I would just add that we request he comply with the general conditions for area variances.

Um the applicant shall obtain a building permit for the proposed deck, and any further encroachment would require you to come back to the BCA.

Thanks.

He put it in his original motion.

I added my motion.

Yeah.

Oh, do you want to submit a planting plan?

Oh, that makes sense.

Uh I don't have to see.

Do they have to submit a can we require that they he submits a planting plan along with the permit for the deck?

Yes.

Um normally we review the permit permit as well, so yeah.

Location and species.

Correct.

Great.

Okay.

Amending all that and adding a planting plan to the uh motion.

Great.

All those in favor.

Aye.

Against all right.

Uh motion passes.

Can I get a motion?

Oh, board election for vice chairperson.

Look at that.

We have to vote for a uh chairperson as chair.

You're the chair.

I'm the chair.

It's vice chair.

Oh, got it.

Sorry.

Well, you've knocked yourself out of the running now.

Are we nominating somebody?

What's the process for this?

Uh nominated and then we'll some board member just nominated one, um, and the rest of her would follow as a motion.

And then can I make the nomination?

All right.

I don't get to make any nomination.

I don't need to do each other anymore.

I'd like to make the nomination for Caitlin Wright to be the vice chair.

Thank you.

Third.

Great.

You can't third.

It's not Robert's rules.

All right.

All those in favor of Caitlin Wright as vice chair of this August board.

I can't vote on yourself.

Stained.

All right.

Thank you.

I'm honored.

You're welcome.

Uh all right.

Can I get a motion to adjourn?

Great.

All right.

We are adjourned at 150.