##VIDEO ID:O1vfo5ybQSs## e e e e we one up there scet uh just whenever you're ready we'll get started all right so let's go ahead and get started good evening everyone uh this is the village of biscan Park planning and designing review board meeting for Monday December 16th uh 2024 it is now 6:31 do the roll call start Hammond David grun Pablo Gart is here um we have Vanessa and rafhael from the building department with us tonight and uh we will go to the agenda of the residents that are here we'll go in order of the agenda so first will be 5A 971 noreast 111 Street um this is for a glass pool fence oh I'm sorry um before I go to that um uh Edward said he not going to be here he sent the email can I get a motion to excuse okay David Pablo all in favor say I I uh Edward is excused okay we'll go back to the old business 5A 971 Northeast 111 Street glasspool V if You' like you can go up there if we have any questions for you all right so are you is there anything different on this or is it you came to talk to us about why it was denied I believe yes yes okay so the issue is that it's a fence you're asking for a fence in the side front yard of your house no no it's not the side it's the the back of the the house basically right now I have a a wooden fence and I want to replace it with a glass fence but it's in the back but it's in the back but it's facing on the side face 10th Avenue yeah but right now I have like a huge CL so you don't see anything from good so so so the definition of a fence in biscane park is um Rafa can you speak to the microphone please um thank you sorry my thing is a little bit far away from me here so fences may be constructed of wood masoner Composite Materials vinyl metal or wire um there's no glass on that list so you're asking for a fence in your side front yes um and you're asking for a glass fence which it's not a it's not an approved material or fence um now I know it's it appears that you you have something you have it kind of be behind an old another fence Yeah so basically I have the Yia on the 10 Avenue yeah and you so no one can you can see that fence yeah I I I understand that but you know whether or not it's it's seen or not it's still a a fence that you're asking for for a barrier yeah barrier exactly yes so um so because of the fact that it's glass and it's in that front the side front yard it's a structure in the front yard so code is very strict on what it can be made out of um so if you were to like line it up with the the back of your house and it wasn't in the side yard it could be considered part of your structure really butas is because it's you're asking for a glass fence not for um it's not so much that we're opposed to the design it's just that the fence the code doesn't allow for glass fences there's no glass it's not really far out like normally if I use a fence that would go like at least 10 ft from the house but it's just only like four feet from the house yes it's again it's it's the fact that it's in the side front setback that means it's it's you know if it was lined up with the house and it wasn't in the setback we could maybe say okay it's it's part of a architectural structure of the house or something like that but because it's actually in the setback then the code is very clear on the definition of what can be in that setback and it's just the it's the material glass if you came and asked for for the same location and you said if it was going to be PVC wood um whatever the list I just read to you we would actually approve it yes it's glass part of it no but I think it will look more aesthetic and prettier than to have a wood fence that is for me is look better than a glass fence than a wood fence or plastic you know like everything is see through it doesn't you have you have an existing fence there now yes okay and it's out what behind the kusia no so be no no no it's is is the same distance as the glass fence I just want to replace it I want to change from wood to Glass something more aesthetic so so I can see behind you know yes cuz right now like I have a wood fence and I feel like I feel like uh the house is completely enclosed and I still have a huge backyard that goes all the way so I wanted to do like a seethrough glass fence yes um so again it's it's the definition of offence and glass is not one of the definitions of offense um it would you know that's why we denied it and that's you know we would have you know it would be impossible for us to vote for it because the the code is very clear on what you're allowed to do now if you wanted to go down the route of variances which you're you're doing already in the front you know you might actually have a case for that because of the fact that it's it's the same height shape location as your existing fence that is legal it's just you're asking for a change of material yeah but I want to do it shorter because the one that I have right now is six foots so I want to go to 4 feet um yeah no of course understand right now the only option for proceed with this will do will be to do the variance okay so but let me but let me let's let's talk about this um so that is your side front Okay no the side back the side it's you have two fronts you're in a corner lot you have the front front and then you have a side front Okay okay okay yes so right now where you have your fence it's very odd because you're like dividing your yard in half yes okay you could take because it's your side yard like your side front you can take your fence at 4 feet high all the way up to 3 feet your property line so you could go all the way out and put it right behind the clusia and incorporate all that y because the side is is isn't it because it's the side the setback is no more than three feet so so on the side front the 10 side of your property you have a you can do a fence up to your side property line at three feet you can do a four foot fence so you could do three feet four foot five feet uh 5 feet and then um 7 feet six feet it steps back as you go away from um 10th Avenue so you have an you have I know you s you're talking about not wanting to be able to see your yard well you actually have the ability now without a variance to put a wood fence or whatever those materials are up against the backs side of your clusia no but I didn't we didn't want to go this way because if I do it the way that you you you you telling me right now that mean I will have to prolong from my house all the way to the end on on one side I will have to do a huge enclosure no you I mean you have you have right now your setback is 29 feet n so you could go up to 26 feet n yes but then that that that will mean that I will have to divide my lot in half on the on the 10 Avenue on the side from the front of the house can you just come over here real quick yes yes okay I'm just saying you do have the ability to to bring this all the way out to here and go and that way you have all this yard incorporated into your back area okay yeah okay so and I just was trying to give you an option don't walk away real quick um so you know unfortunately that's why we denied it is because of the fact that you want to put this fence and you want to make it glass and it's just not an approved fencing material as though as much as aesthetically I maybe would agree with you U it's just the way the code is written it's just that we you know we we're not allowed to approve it so and I just wanted to give you an idea that you are allowed you have options with this yard yeah now I don't see it on the agenda but we also I believe tabled the trellis that's the fence it says pool glass fence but where's the trellis at because we because you also had it applied for this trus the Pergo per per sorry Pergo Okay so I wanted you to the reason we we tabled this the last time was the fact that we did not have this Dimension it was not on the drawings so so if you resubmit it if you resubmit it and that Dimension from there to there is 10 feet then we're going to prove it but okay so that that was the information we were missing on that okay okay so okay all right that's that was the reasoning on that so all right um yeah so we've already denied it once I mean so I don't know if we have to redy it again or um well it's already been denied we already denied it the last time there's no really no vote because it already been it has already been div right all right thank you sir thank you uhuh okay ma'am what's on the agenda for you or what address are you or trellis okay yes you're the came here the last time we saw you okay and then BP VR is back there right you guys are here for 6B all right can I ask that we we we'll come back up to 6B when after we've met because we're all then way we can do all your stuff at the same time okay all right so then we are going to go to 6 e 11020 Northeast 9th Court metal re roof bars R if if we have any question I'll get you up there well it's more of we got to just make sure you have all the other uh all your other requirements I know you know all about so okay so this is for a metal roof the uh overhang goes the in the entire perimeter around the house it looks like yeah but it looks like the the the Gable or the the hi pitch roof Murphy can you go to the micro can you go to the podium please can you go to the podium thank you it's a 123.5 it has a six6 FAO in fascia and has a 16in overhang so um so this is that gray area that um we have in our code I believe let me just double check before I say something huh that's if you look at the yeah if he goes to the fascia and then he goes to the the drip edge it's it's 18 inches and it's the color is brown which I believe is one of the colors of that's appr that's approved okay David Scarlet on pap say I I motion carries appr Murph Murphy can you just do me a favor and resubmit your drawing um because so this is has to be 18 inches you have it 16 inches here but if you also look at what David pointed out out and he's correct is you measured you didn't measure all the way out to the end of the of the I know but I got it right here look 118 oh the little undersized Oney can you just work with me here so this needs to be measured out to the end which would say eight which would say 18 inch I would imagine so you just need to update this drawing to 18 and send it in please you need to do that huh because it's drawn out the drawing is here to the end of the phas sh 18 okay thank you m yeah in the New Year I'll give you a call yes thanks M have a good okay next will be 6G 11270 Northeast 9th Avenue trellis um he's down here he's 6j hello ma'am oh she's 6G okay so um for trellis is there is there a gate on the trellis or is it just an open is just an open and I removed already and I have a picture you know how it has that the horizontal and then the other ones that go the other way the trus part yes I removed it but I don't know if that's enough because that other structure is basically holding the two column securing them more okay that so I don't know if that's I did it already have a picture I don't know if it's enough for this or do I have to just remove the thing so right now you're just saying you have the post but nothing above no the post and then the ones that go like this I remove the ones that go like this okay like um can I can I approach sure sure please where do I haveing that there is a gate that's a gate okay and how tall is that 7 feet tall wait okay um because um it looks like six feet yeah um I have a I need to CL my Okay so so you're allowed to have a pedestrian gate in your front yard as long as it's not more than six feet high and I just want to make sure I'm reading this and 5 feet wide it looks about that Dimension the issue would be that yeah but you're not parking your car Mar that's a that's a stretch well my my thing is is that is it what are the dimensions is it six feet high by because it doesn't look like it's more than six feet high that gate I mean I'm pretty good at perspective and I mean that looks like it's not more than six feet high and and and and and the length of that gate does not look like it's the width does not look at like it's more than five feet I mean that would be a really big gate so we're going to be here for prob probably about an hour you want to go home and measure this just measure the height of it and the width of it and then I'll come back and we'll we'll pick it back up and hopefully it it's within those dimensions and we can be done with it sure I also have the other for the two colums actually already REM them okay but we were wondering if you don't mind showing us in the survey where can I put that like how do can I put in my property line well let me can you just I'll show you the suring you have they have to be on your property and you should you need to yeah so they need here's your property line right here I can draw on this yes they need to go like right here or wherever your driveway's at yeah I'm just saying the approach so they can come back to here so whatever this Dimension from your property line to the street they can they can they're they're like decorative post and they the thing is they they can't be in the RightWay they can be on her property now you're going to need to get a permit to put them there for this one but you could come back in for revision saying I now want to put them in on in this location I mean they're beautiful I mean it's just they they just can't be in the right way that's the thing the setback is from the property line so you have a so it would be 30 feet from the front 30 10 feet 10 feet 10 feet that's your that's your envelope that you're allowed to build in that's your property line not the street yeah well it's not really using it's it's just it's it's keeping all the houses in a certain configuration and so on and so forth well you're they they they're no look they're there there's only a few houses that I would say that are closer but most of the houses in the park are 30 feet it's just your just well not not the grandfather just that's our code our code is 30 feet your house just happens to be set way back I mean what does it say there I mean your house is 49 feet from the street so whoever built your house chose to build it way in the back now if you wanted to put something in build onto the front of your house 19 feet up you could you just can't you can't you have to stop at 30 okay so we're gonna go ahead and pause 6G all right so we're going to go to 6j 11929 Northeast 6th Avenue replacement windows and doors good evening sir good didn't letting it load loing on I mean I guess also there's 187 pages to this all right um so this I believe all the the windows that face the street are now going to be so first of all this is like an interior renovation right uh yes correct oh have you gotten permits yet for the interior renovation yet y they were approved okay so they've been approved okay so there's only really three windows that face the front of the house um uh yeah I mean I mean the front porch is now going to be enclosed is that what you're doing uh no front porch stays open so it's going to be I know are you looking at the window layout I'm looking at the the survey the the ID uh D1 you're just your your um demolition plan but now I I'll scroll down to the bottom it looks like you have three Windows across the from in front of the dining room yeah it's actually one big window right now so it's it just getting expanded and it's going to be three sections but it's going to be like a one store front window okay but it's kind of behind those arches that are on the thing um so but most of the windows around if you look at the elevations they're all horizontal sliders fixed windows right um yes horizontal sliders um the actually bathroom Windows going to be casements yeah what is the um the color uh it's a brown there was a color sample bronze yeah I mean it looks good David and Pablo all in favor say I I okay that so the windows are approved um just wanted to give you a heads up I mean you're when I looked at the plan um your site plan I saw your proposed driveway you are on Sixth Avenue so you might hopefully you're taking consideration that you have to enter and exit on that street so you you don't need to be backing out onto the street so you might want to think that driveway it's getting redesigned Yeah okay or make it a way that you can turn that car y y yeah it's getting redesigned yeah probably going to do a horseshoe shape or maybe most houses on six it would be they're better with with round or yeah Circle in the center yep okay but you're going to be back for you'll be getting a permit for that whenever yeah separately yep maybe in a few weeks or so okay you're good thank you okay thank you um ma'am am in what what what property here for oh 7 okay so you're actually after these gentlemen here I just want to make sure all right so we're going to go back up to new business 6B 910 Northeast 113 Street temporary construction things so my question on this one is is what is the height of where's it location located this not on the okay let let's see the plans it's no I and you have you have a demo permit I believe okay I mean you're just going to say the property line property line and six feet okay so please just note note that on your application because it's not highlighted on here where um where it's going I don't have that I just have a if you look I have a application a survey and another survey we don't have the we don't have the height of the fence either huh we don't have the height of the fence it should he just said six foot six feet property line no no I know I heard him say that but it's not in the oh yeah okay so um have beened this this P should have been need to upload that plan to this application okay the 2457 construction fence perm is everybody good with that yes there's no there's no location or they're not calling out where the fence so I have a motion we'll submit this we'll submit this tomorrow David and Scarlet all in favor say I I construction they need to upload the information all right so now they're here to discuss 7A 739 Northeast 118 Street yes that's correct you have the plans for it there yeah this is for new construction second second preliminary year 739 Northeast 18 got the microphone yeah I put it back that shows this no bring service but it should be in there okay so there's a this is a cuack so so there's there's like can I draw this sure there's like and this this feeds this house and this feeds this house and they all kind of share this right away yeah so if yall remember when were he was trying yeah there it is like a month yeah so he flipped it for our suggestion thank you so it's going to make your entrance into this a lot easier yeah and then just just hedge all this in and you don't have to worry about all this you know but we put it here because we want to take those cars off yeah because they keep parking all the time there I mean you're right EAS this way yeah and this way you're just dealing with coming into here yeah and this is gonna have to you know I don't know if they're gonna have to have a pow between you these three oper yeah because they keep barking all the time here and what I suggested we're all in agreeance this house this house is that from this part here we'll build them like a not build but just lay like a pavement or some sort of like you're going to provide them a parking service yeah we'll just lay like a a slab here yeah and then we put Green Space so they can park they just need three cars CU she this is the one here right correct and then there's the other one here correct so they just need three cars so we just pave not pave but like do a slab concrete here where they can park three cars and the rest we can they also want to beautify we're on the same page okay okay because it's you all you got three houses sharing the same right away but I met with her like weeks but you're gonna want to make this driveway out to the street wherever the street is at correct okay more and then and then what will probably if you're going to do this then you're going to have to build you're going to do this and you're going to do this and it's gonna be a similar material and you're going to claim that this is part of this I know well it's if you're somebody's gonna have to apply for this okay so if you're doing it then it's going to be part of it needs to be part of your share of the RightWay they do it and they're doing that part that's going to put them over with 40% of the sale by themselves if I got so the next my next thing was is that you have to keep in consideration you have a 40% yeah rule but you know we'll figure if they have the if they say hey we'll we'll do the paperwork to have you apply for it and they have nothing then the neighbor could get away claim that're someone will look we'll figure out but I think this is a case that we might be very leening as a board because you literally have three homes sharing the same piece of property so it's going to be 40% of three homes or they can p yeah exactly exactly okay um so this is the new house 23 feet high 10 11 foot stor there's the front facade um think did we look at just before you do that your your way on your setback is 30 30 that's 30 that's 10 10 to pool yeah and then 10 over here 12 over here 10 over here okay and then what is this here 10 this this one is 12 okay so you know the rule on our Second Story is it's got to be 15 that's so if think that's new no it's the same that you had on the previous so so you're allowed to have 10et 10 10 feet yeah for 30 feet total yeah so you have you can do 10 feet the rest has to be step back 15 ft okay so we're okay here it has to be in five yeah you measure here 30 feet that's what we have this this in total is 30 ft is yeah I think what is this part right here no it's just the CHS but there's no roof there's no roof from here to Here Yeah from here to here seems a little more but you know the you're the archit I'll let you that but I'm just letting you know you have 10 for 30 feet and then 15 back and then the same thing over here I don't know if this is 10 or but the same rule applies on both sides okay 11 11 11 fo8 either the sides yeah okay we're definitely providing movement articulation no extended blank walls I'm running yeah uploaded yeah it was very bright there a lot of lights is that it there no yeah with another color but so you can see this I mean this appears to be pretty far back but it's obviously it's a it's a um perspective this is this part of the the building this trout [Music] they do the tree survey and all that stuff um I mean you're I think I think you have to work on this so you're GNA come back for another round but I think you're in the right direction with it um and then I didn't we didn't look at any calculations there so you're going to be at 43% when you're done or 5 green is 56 the the 43 okay change so you're you're fine with go but make sure you call out the driveway here too want to just from an insurance perspective um why don't we ask to put um at least represent what they want to do and then they'll still come in for an application but we'll we'll do like a site plan review it's on site okay so come up with what you're looking for to do and this and and put it on the on the application for next time the drive the the approach and this whatever parking it we need we need to take measurements here yeah we're not going to you you still could change it when you come in for the actual driveway application but at least for now we could say okay this is their that's going to be green for for now yeah but no but at least on the on the site plan we we want you to put it on there okay but we're not gonna hold you to it so like in the end when the building permit comes through you can have the neighbor put in a building permit for the other so you want us to do a side plan presentation for this neighbor but it'll still all comply with the site and do it at the same time all right so we did that um the next would be 7B nor 910 Northeast 113 Street new construction second preliminary view also okay so you decided to put the pool in the front in the back oh no in the back back okay or story sorry first second FL you guys are killing me with the small print and the park in the corner of the so I'll read it this is 168 7775 9474 and the frontage so this is the so just if that's a rear of the property that's her neighbor okay this is the Avenue but you're still it looks like you set this back yeah so is this is this at 10 feet here yeah so that's 10 and that's 10 yeah and that's and that's the um I set back additional two two okay so the undulation is actually on this side because the code is is on the sides but you do you have one of those funy as technically as a side but it's really legally a rear this is re rear right well it's well here's your street address rear side side side this is side front interior side rear front side okay um lot coverage you're right at 499 49.9 6% okay so you're right at your lot coverage with everything remember that's everything your patio yeah your drop walkways everything but this faces the part yeah this the the main entrance yeah this one 25 foot high at the highest point yeah you do have multiple roof line Heights you have a lower height Aire height even higher up there okay so you meet that code um and this is the rear yeah so I would suggest doing something on these walls because it does say to avoid excessive blank walls okay because this does look directly at your neighbor they're looking up at this at 10 feet yeah so I mean you've done all this great cladding on that other house so maybe something that that if you were to draw it out where your suggestions would be oning no maybe here yeah just something AC between the windows or maybe here just something up high that you're not looking at these big blank walls this okay yeah or you want I mean it's you're not going to see this this is going to be behind the fence here yeah yeah just something toing me $15 a foot yeah only for the second floor for Second Story 15 bucks a foot look at it all over here look at all this you got going on this is nobody sees you have it on the front side this is the part that faces what ninth Court ninth yeah ninth yeah that's is this is the Avenue or the cor yeah so you know you just got to wrap this around yeah maybe just don't do wood on your doors garage doors let do regular it's just solid Gage doors it's a lot of wood going on there just a visual we put those S the same as6 try I don't get the garage the glass garage doors personally the glass do the entrance no on the garage doors everybody sees everybody sees your everybody sees your your bicycles parked in there you're advertising everything it's a trend now but um I don't like that you have to keep your garage clean you know not the point [Music] of any other comments from the you guys like it yeah conceptually this in front of the park it's set back so it's not going to be so imposing onto the park it's going to have a lot of landscape again it's GNA the pool's in the back so finally we put it back on the sun I mean it was a cool idea what you wanted to do just going to get more sun in the more use out of it yeah yeah my concern like stre right FR Park it's like that's privacy yeah and obviously like we Liv houses like the backyard it's your Sanctuary space in a way if your backyard is overlooking the street overlooking the par kind of takes away the Privacy yeah yeah espe if you're laying there trying to relax and the kids are playing ball across the street so what what about the ports is the village going to build a the pedal I don't know there's there there's a it's there's discussion look put it that way I don't know what what it which direction it's going to go the basketball courts no pickle ball pickle where would they go I don't know there's been discussion of putting them in the park they were trying to put them over here no on the I think on the other over here or over here no I think they want to put them back in the backside by oh better by where like the the volleyball courts at over that area have you have you guys heard the noise very nice I'm dealing with for hour I I do a lot of work in country clubs and I hear all about the noise of pickle ball so but that's that's up to the commission and I I know there's discussion I don't think there's been any decision on that I think people playing it they they have nine o'clock at night they play at 10 o' yeah o' okay so we're good on this um you're GNA be move to the third review okay so if you're ready with all our comments to come back n 10 go for third these both G for both come back for third okay and for 739 you want a site plan showing this little project please okay done all right so we'll see you fence and the fence what fence conru oh the conser insurance you just got to upload that it's approved then you want to work on the measurements on the remember yeah yeah the setback all right we're move on with our agenda um happy holidays back up to hi so yes I'm good I'm in 5 ft with six 83 in tall 83 oh I didn't mean 83 I calculated wrong I'm sorry oh I calculated wrong in my I was putting inches in feet in inches but no I am I'm six feet almost 6t is 6et not it's not you're applying for the it's notan do I have to change something on the I think I apply as a friend if I'm not to the2 I do a drawing for itct upload to the and how do I do for the removal of the of the problem with the columns if it how do I notify it you have to wait for our next meeting I mean right now you can just remove them I already did okay so then right now you're you're you're um satisfying your but if you want to put them back you need to actually apply no I'm just saying like for this to be removed from my title because I I don't have a clean title because of that so how do I go about removing this violation if is already taken away from basically remove so do I do I bring a picture tomorrow to the city we can go okay okay mind yeah we stop by and inspect it and then if you in compliance then that will be clear um from the um record just because I need to close so okay the what I did and that's that's the two violations there that are not letting me close we'll do the inspections and we'll do the compliance and then another group will take care of the lean and that process that can sent to the bank so they know it has been taken care of it may take a minute I know I saw them before I know they remove yeah I saw them thank you you're welcome thank you just do I start um what we wanted to see if we could do um we have a corner lot that originally uh it was two lots probably before they buil the house um which was L lot 26 and 27 um and we we wanted to see if uh we can make a buildable lot by dividing it of course the county had of course they said yes but um I have to come through here yes which I know um I know now um but but originally uh the Lots 20 like if I were to divide the way it was before like when probably in in the 40s right or originally when probably they bought first the two lots and then they buil a house um so we wanted to see uh hold on let me let me this is on one uh no I'm aware if you were to do it um right there is a side um on the side that is [Music] on hold on I'm I'm I'm I'm looking at the wrong way um on on on 117th it's wider it's 155 and then on eth which was originally like that on eth Street it would be 70 and 75 right but the other way is let me yes route where you actually going to be able to say Okay I want to do a 75 I want to do a 75 but that you Cann and your building Buu could line you you have now you take way so right they um they're relying on the local cities to enforce setback they have they don't have anything to do with our setbacks or our lot size they they they I but the county is not look the county count not looking at the fact that we require 75t Frontage they're not looking at that they're just looking at the property and going oh yeah they can't div they divided it in what way the process did they give you two folio that has nothing to do with platting or subdividing they were not they would not do it without a local municipality no you might be confused no they did not split your lot we legally have to do it and we do it by by a resolution we we send a resolution to the county they you go through a plat committee come back to us for the final plat yes okay okay okay you know better than me then so so the the I'm sure the county was looking at this going you have a legally ploted Lot Number 27 and a legally plot legally plotted Lot number 26 and you're allowed to subdivide us you could have two different folios numbers on it but they're not they're not they have not re gone back to us as the local planning board of this town that we enforce our codes and right now lot 26 and Lot 27 could not be Standalone Lots because they're not big enough they don't meet our codes so so they they're looking at it going okay two legal Lots yes you can divide them but then they're going to say well what does biscane Park say and now we're saying our code does not allow for 70 foot wide lots to be legally built upon no you're you're the you're the conduit you have to be the communication not we we don't directly go to the county and ask about applications like we have no idea you're talking to the county this is the first we're hearing about it so yeah and and I don't know who or what you're that conversation you had but technically the first conversation they should be telling you is that you need to come talk to the planning board first you need to come to us first yeah yeah because it would save you a lot of time than going all the way to the county whatever you've done so far because we're telling you in 10 minutes that we've been talking what what you're allowed to do by looking at it um um and that again like I said the CL the county just looking at the Lots 27 and 26 saying okay yeah they're legally they're legally ploted they can be separated yeah but even those would not be able to be separated the way they are because the house is sitting right on the right on the property line you'd have to take 10et off of your house it's 70 and this is 70 yeah yeah I mean obviously you would come in and ask us for all these application do all this before you you know um before you try to sell it or whatever you're going to do you know because you know um you want to make sure do your due diligence on that because it is it is 150 something feet you said from oh 155 okay so you have like 77 and a half feet that you could divide into two two legal Lots oh there's a pool here okay yeah well on this yeah I think it might open a whole another can of worms if you try to start subdividing platted Lots I mean Scarlet would be the expert on you are can do it okay okay it's it's always been 10 feet you know so put that in the trash okay okay got a lot of land so thank you um there's it's it's a discussion yeah because it's it's they just came in ask a question so we didn't there's no nothing to vote on there's I thank you all right um I mean if you want to put on there discuss lot split um split in board advis not not feasible with the current house but we're not there's nothing to vote on all right I see our are you on the agenda are you with her I'm sorry okay I'm sorry what what what are you here for sixi okay and then I see this gentleman has come back to us so let's so let's do sixi all right so we do have this is I'm sorry let me just so this is the 5A glass pool fence 971 Northeast 11 Street um I need to have you record but up here just right here you want to show you you had told me that the fence is attached to the building that might work if I go from here from the end Corner something like that all I was trying toate you but it will be on the end of this corner can go this way you're going okay so I have to go I go from here and from and right right here I have a CH L if I do five fet 11619 Northeast 6th Avenue pool yes so I submitted this for permitting um about a year and a half ago 6 I and because the setback wasn't big enough from the street we uh replanned the whole thing and moved it 36 ft away so now you have the new plan okay I I I don't recall this being in front of us before but it could be and I just it was twice in front of you before and so we moved the pool back in a little bit and now it's 36 feet away from the street it well first of all it's but what I'll tell you is so you see this this number which is 36 right that's actually going to the other side of the first street right really the only dimensionality that that we care about in this direction is this is your property line where the fence is and and it's 36 ft away from the street from the other side of the street no from from our street from this the street to here there's 36 feet that's the median that line there's Med this is the median it's a measurement that goes to the median so your property line is where this this this part is this fence okay so can so what the what the edge of the isn't this isn't this um oh so that's that's one side of 117 Stree yeah so this is one side so this is the the side going that way this is the side going that way this is the median this is your property line here and this is the Swale right so this is all grass right and then this is road right so what's important for us is that the edge of the water is 10 feet to this line that has the X's that's where your fence yeah it's more than that yeah but the problem is is that the number doesn't say that so if you tell the designer whoever whoever put this together hey we don't need 36 to the other side of the street what we need to show is from the edge of the water to the fence to the property line 10 feet as long as that's more than 10 feet then that we go further yeah but that's the first most obvious thing and I people well first of all right now the where he's applying for we have to deny it why because it's a you're build you're wanted putting an accessory structure in your side front yard but that was there was a deck and a Jacuzzi there that got ruined by a thunderstorm so you've you have allowed a deck in a huge jacuzzi was the deck a deck is one thing but the jacuzzi was that all yeah it was permitted by you yes it was permitted I've looked into it it was permitted by you and it was actually a lot closer to the fence than my pool is going to be and is there a variance for it or something uh no no there wasn't a there wasn't a need for a variance for that Jacuzzi just to be clear you live on a corner lot you have a front front side which faces Sixth Avenue that's your front right where I canot put the PO fa 107 street is your side front both of those have 30 foot setbacks you're not allowed to have a structure inside those 30 foot setbacks um an especially an accessory structure which is a pool so just to be clear what you're asking for is not allowed in our code okay that's that as long as the setback from the street which is what I was told by all of you in the city and the building code and guarantee you I would never told you you have a 35 foot setback from the street that's what uh that's what I've been told so just to be C hearing for my for my permit okay so just this according to what I'm being told this never has come before this board before there was an application for a variance but we never saw it sir the the permitting the permitting I could show you receipts came before you twice so it was denied twice because of the proximity to the street so I'm not I'm not making that up I was here before twice for this permitting and and you have told me that if I will move it away because where you want me where you wanted me to put the pool there is a septic tank and there is a driveway I cannot put the pool in the back of the house there's a driveway way there and there is a there all of the septic tank and all of the uh um the um all of the the drain field and everything is there in the in the back of the house I cannot put a pool there so with that driveway coming in from 117th Street exiting to uh to 6th Avenue if I were to put a pool it should be inside the house so I've been I've been thank you very much sir I've been requesting of I'm gonna speak now please thank you so I am gonna stand corrected we did actually see you on um November 7 2022 we denied it because of the location we saw it again on January 17th 2023 same thing we denied it because of the issue of the setback and then that's the same thing I just said and then I pulled the pull in a little bit further inside because you told me that the setback is the reason why you're denying it and if I can make a plan to put the pool a little bit closer in and so I did and I was going to submit that as a variance I've even paid for the variance meeting $360 a year and a half ago and it was supposed to take place on July 3rd why is because uh on July 3rd when I came here for the meeting and actually I flew flew in from Costa Rica for that meeting you canceled that meeting because it was a day before July 4th and so I came here and stood in front of an empty building and I called the commissioner and he said that there's no meeting scheduled and from then on um without a poll I paid $21,000 as a deposit for that pool uh a almost two years ago and I'm still waiting for you to approve it and so the city suggested that now because the setback is not a problem I should submit it again for a permit so the application on July 3D was supposed to be for a variance the application for July 3rd was supposed to be for a variance but since I moved the pool further back in variance application was received on February 27th 2023 variance application I was never in front of a I never got the hearing for that last time this was in front of the board was on October 18 last time we saw it was February 6 2023 and then he applied for VAR and I took pictures and I took videos and we submitted it to the city that same month you applied for Vari but it was why is this we have not seen because uh with the variance for some reason you know um the lady that submitted all the paperwork for the variance for some reason some people in the city were replaced or I don't know what and then they told me that they lost all the the application that was submitted I paid $360 for it I never got that money back nor did I get like what's missing in this until I called the city and started you know actively seeking for an answer and then finally from the city they told me that if I would pull the pool inside then I can resubmit it for a permit uh instead of going through the process of again three months four months for a variant well whoever told you that is incorrect but I says here on August 1st called Antonio and left them a message to call me back regarding the variant application that is still incomplete I'm not sure what is incomplete what Isa will you not consider will you not consider to give me a permit on this if uh if the pool is is far further enough from the street would you not consider to permit it it has to be 30 feet back from the property not the street 30 feet back from the from the property line could you could I see this bylaw could I see this yeah sure every could I get a copy of this B uh um so so you're in zone B I believe so you have a uh 30 foot setback 30 30 feet no from the property line everything is from the street property line property line property line Street property line no Street property line 30 feet every house in the park has a 30 foot setback from the street from the propert on the street side on from the property line yes all setbacks are are property lines that's the rear it's the back of your house the part that faces your neighbor behind you so you have a variance application and it's not incomplete for some reason I'm not sure why I don't know it's not whoever is telling you that is not correct and um Cod enforcement planning board um but so again you have a 30 foot setback on the rear on the side property line go talk to Daren tomorrow like go right ahead sir I'm really sorry that you put a deposit down on something without a permit that's rule number one is usually you don't put deposits down on things until you get a permit until you get a permit sir until you get a permit sir so that's unfortunately your own problem for not doing due diligence and not getting a permit you need to get a permit before you build something you don't build anything until you get a permit okay sir thank you very much for your time okay but you can give me my respect back you're talking over me away already okay thank you so let's move on so we want to help you you do have a a variance application in front of in the system I don't understand why it's not been brought before us okay so is somebody GNA please get in touch with him and tell him what he needs to supply in order to get the variance application inly okay no I understand sir but I'm just telling you our process that you know we are providing information from our village staff and we don't have a variance application in front of us we have a pool application in front of us so we don't have I mean if it said variance that would be something else but we're we're looking at thank you sir yes we're done sir thank you you too more us so he's got to fill out that form yes so he applied for variance paid for it but he never applied he never filled out the form well yeah a lot of times applicants are confused because they think if they apply for a variance then that's just a it's an automatic like oh that's just another way to get around they don't understand that it's there's needs to be a reason and they have to fill out that form and give us their justifications I don't know that he has a justification that he expressed anyway so he may just be confused like he thinks like oh I I applied for a variant so where's my variant let's go yeah let's go get my permit to be clear it's a 30 foot side front side out of from the street not the way it's drawn here because right here it's actually he's very confused from the median in the middle of the street know um so can I get a mo motion to deny please motion to deny so the application as presented which is for a pool in the side front I have a motion and I have a second um I think that was um Scarlet Pablo say I I he he needs to fill out his variance application and bring it back to now again just because he fills it out doesn't mean he's going to get it he has to still go to the Village commission and and us first and then the village commission with a compelling reason not I have he hasn't presented it I don't know maybe he has something up his sleeve that would be I just to me personally and you know I wish actually he was here that but I I don't know if it would be constructive um he's got 45 feet between the side of his house and the other lot so I don't see the ne the hardship of having to Grant a variance with the pool on the other side but on the south side of it property proper 45t side so you have to have a hardship to able to say I can't put it any other place on my property yeah you would he wouldn't need a varant if he put a pool right in that little thing where it's say lot 40 yeah there's a cottage yeah but it's a choice a pool is not a a right there's a choice of how you're going to what you're going to do on your property like if he wants to do other things then maybe he can't have a pool oh anyway he's got four points that he's got to prove and he's got to come to us first we make a recommendation to the commission so um anyway all right let's go back to our agenda uh we have minutes from the meeting of December 2nd 2024 e I don't have any comments anybody else um table approve motion any other com approve David all all right um 5 b 11010 Northeast 8th Avenue cool just a after we started getting into it I do recall seeing the it was was slipping my mind but now I do recall previous to the to the rear setback okay so now it's 128 and 10 six to the other one okay David Pablo on Flavor say I I next will be 5c 11130 Northeast 10th Northeast 10th Avenue shingo re roof we already saw this we denied it because of no engineering letter we don't allow shingar without the letter I have a motion from David yeah no there's a whole process oh this is the the gentleman that came in and talked to us down on 10th Avenue yeah they have to follow all of the um requirements for the David the second second Scarlet all in favor say I I next would be 5D 11143 North P 8 Avenue driveway installation this one of the ones that was like a cookie cutter of all the rest yeah L cover David Scarlet home PR say I I next would be 6A 824 Northeast on 11 Street a low slip roof just a flat roof 6 a yeah it's just a modified vitamin or something along those lines GFA bonding adhesive motion please second Scarlet I next um 6C 1015 Northeast 115 Street p and flat black reoo see it's all the itch roofs anybody see a color product approval for a flat concrete tile pictures or flat concrete tile it just doesn't have a red terra cotta red okay I mean just to move it forward if you want to approve it um and say the color to be approved by the chair I I'll make sure that it's stays within our guidelines second David Scarlet all I I CES all right um we approved that okay next would be 6D 111018 Northeast 8th Avenue flat re roof um so somebody the somebody's going to provide to the chair color we're going to request from the the contractor what color is the tile and send it to me and I'll I'll reply back as long as it's within it's not um 6D yes I have a motion second Pablo in favor say I David Pablo next to be 6 f11 1210 Northeast sth Avenue concrete slab what is the lck coverage 121 it's in it's on page number three I mean do do we want but this is this is an appliance laab it's like it's something that you put underne your air conditioner duct so do we want to have some leeway on this um I'm not for it no okay asking the question um is this is this that new one that they got redone a couple years ago how is it that they're over their L coverage and this slab is if this this generator slab is is is what 4 by six or something 3x six hey have a motion to deny they got to figure this out they've got to figure this out I did not but I will I'll motion to deny I mean they got to take up some conrete somewhere or something like they have made the motion charlot who was the second David okay in favor say I I motion to the reason for the they're over their lck coverage maximum lot coverage is not by just like one fet it's really over this is they're they're at 55% L coverage right now that is six oh 6h is next 11 1308 Northeast 9th Avenue aluminum fence and Gates six foot high horizontal aluminum fence with Jing single gate okay and then six High horizontal aluminum fence with single gate um should have a color and also the gaps cannot be more than half in and they don't have a pool but still it's it can't be climbable there's a pool there's not supposed to have any Gap according to the Miami County Miami day County there anything on this drawing at all that shows bronze or white D Scarlet on paper say I iy but going toy it who made the motion David David Scarlet scarlet and what was the reason for there's no color and we have to confirm that there's no more than a half inch Gap 6K is next one 12025 Northeast Fifth Avenue e I think that 5T is means it's 5T in front of the house I wonder if the house is said five well they're asking for 10 feet so and it's within our code so we're giving them 10 Fe yeah but that's but that's but this is like a PDF drawing on top of a survey this is not it's not a scaled architectural drawing they're just they're giving us a general Dimension that they want to put it 10t in now they can go up to 5 feet if they want but that's not what they're applying for and it's well the inspector will go and I guess measure the post when they do the thing yeah um my question would be what color is it we that part of our no but I mean again as long as it's not hot pink you know I don't want to deny it I think we should move it forward but I'm just saying it's we should ask them for a color color would be nice I have a motion by davidl thday I I and this this color please please provide color all right um so our next item on our agenda is discussion 57d um we set our meeting for the 2025 no third Monday yeah we went through and looked at it last week and um you know whether there's a holiday or something like that we tried to work around it no I mean we're just setting our schedule I mean I don't think there's a there's actual application we here we hereby bless I don't know oh oh my right so do we have any other business for tonight okay none can I have a motion to adjourn please no I have somebody has a motion David 24l all in favor say I I we're adjourned we're adjourned at 8 824 8:25 I am next Monday um was