##VIDEO ID:zPe26M8AQf0## everyone the Zoning Board of adjustment meeting for September 25th 2024 is now in session will everyone please rise for salute to the flag IED algi to the flag the United States of America and to the Republic for which it stands one nation under God indivisible liberty and justice for all notice of the meeting has been satisfied in accordance with chapter 231 pl1 1975 by advertising in the home News Tribune notifying The Sentinel publishing company and the Star Ledger and also posting on the bulletin board and filing with the burrow clerk roll call Mr here Mr K here Mr here Mr here Mr SC here Mr here first case that we're going to hear tonight will be 34 patent Drive sir would you please come forward this is case 2410 sir would you please tell us what you want to do with the property that you have please raise your right hand you swear tell the truth the whole truth and nothing but the truth so help you God all right you're sworn would you tell the board you is your name and address please Walkman yellow 50 Pine Tree Drive Paul New Jersey would you tell the board what you want to do with the property on patent Drive I wanted to keep the uh the driveway the same as everybody else has it which is on the the uh property lines and keep it up and basically that's about all I needed to have done I understand that you live on Pine Tree Drive am I correct correct and is it my understanding that you bought the property it was a vacant lot on patent drive and with that vacant lot that you have there you're you're putting a house there right now is am I correct and the driveway that you want to put there would be the same as the entire development of patent Drive am I correct that's correct and the the curb if if you looked at it the curb is already from the existing driveway on property line straight up from the old house that was there and that lot is uh 50 by 160 am I correct yes any questions from the board what's what's the variance just for the record it's the uh sidey yard setback for the driveway it's proposed to be one foot off of the side Lot where five FTS required any this is more to our technical people is there any problems with the curb cut going over the property line or the apron uh interfering with the neighboring property M Mr chairman as was indicated earlier it's common in developments where you have 50-ft wide Lots where your driveways don't have that 5- foot offset uh in this case believe there's an existing driveway existing curb cut that you're going to utilize yes so it was there with the previous house he just wants to connect it in with his new house and keep the same curb cut any encroachment that there might be would be in the right of way not on private property thank you any other questions from the board and reference this application there's no further questions I want to open it to the public is there anyone from the public who wishes to speak in reference this application hearing no one I close the public portion what's the pleasure of the board concerning this application I have one question when are you building the house the house is already being built right now um any you need PR details or I I mean no it's already being built and you don't need any other variances no any other questions Mr chairman I move that the application be approved second I have a motion and a second to approve this application roll call Mr Green yes Mr Kinski yes Mr yes Mr Bella yes Mr cast yes yes okay your application has been approved we will moralize it next month and you can proceed with the rest of the building of the of the house and the driveway will I get a like an approval notice yeah you'll get a resolution detailing your approval all right thank you okay thank you I'll tell you how it works the next application is 2413 51 in broader Street evening everyone good evening would you give us your name and your address please my name is Ian e 51 embroidery Street s let's have you sworn in please raise your right hand do you swear tell the truth the whole truth and nothing but the truth so help you God right your sworn would you tell the board exactly what you want to do with this swimming pool on your property okay we would like to put it in a 16 by 32 foot pool on the side yard not the backyard we don't have enough space um the variances are we will be five the pool will be 5T from our neighbor uh 9 ft from our house opposed to the 10 ft the other variance is is the side yard opposed to the back and then the rocks will be 2 feet from the fence opposed to the 5T required what was that last part the Rocks uh the drainage rocks will have 2 feet around the property oppos to the 5 ft I believe is the the variance is it my understanding that the you have to have the pool on the side of the house excuse me and not in the not in the back because there's not enough room for that type of a pool there correct correct so it's the only place where you could put that yes see would have any questions in reference this application this above the ground or below the ground below below okay any other questions just the variany stated are the correct variances yeah I can run through them for the record uh but the uh testimony from the applicant I believe was accurate there's a sidey guard setback to the pool at self 5 FTS proposed where 10 ft is required the setback to the pool surround is 2 ft proposed where 5 FTS required the um setback between the principal structure and the pool 9 FTS proposed were 10 FTS required the pool is located in the side yard where it's required to be in the rear yard and then the uh pool surround set back to the rear yard is 2 feet proposed where 5 ft is required all right the the last one with the the setback or whatever is that more a structural problem rather than a planning use problem well it's so you've got the the pool itself and then you've got a few feet of the surrounding masonry around the pool um you know as far as a I don't I don't know from a structural issue but from a setback perspective it's very close to the neighboring property okay all right thank you on that one side it's close to the neighbor's property but not the house am I correct the neighbor's house is still good distance away from the property Lo the where where you're going to have it it's the driveway of the other house is there correct yes probably about another 10 feet or so away from the driveway if not more okay ask a quick question do you have the location of the pool equipment the pump heater or whatever else you may have do you have that location identified I do uh the pool heater will will probably be I want to say six and a half or seven and a half I can't read this right now but six and a half or seven and a half feet away from the pool which I believe the requirement is five uh but which which direction is it going to be toward the back of your house well that would be the closest we might actually I don't know I know a couple of people have stopped by we might actually extend the fence a little bit more but if I can fit it there it's going to be there if not it'll be much further towards the towards the street and the other property this the neighbor's property okay one other question I don't see a a fence usually for a pool you need a fence it might not require variance but uh are you you going to get a fence so the the closest fence right right next of the pool will be vinyl we'll get a new fence there and then I don't know if you could see um I have another fence I have a patio towards the other side of the property and there's a fence there so we're going to replace that as well what Buon fence black Iron the black Iron Fence yeah and then what about in the front that's going to be a new vinyl fence okay from the house to the side yard okay all right you also have a shed in the backyard on that one corner is that going to be taken down we going to remove that put that on the other side of the property okay so it'll just be the pool on that one side corre any other questions from the board hearing no other questions I'm going to open this application up to the public is there anyone from the public who wishes to speak in reference this application hearing none I close the public portion pleasure of the board concerning this application make a motion to accept this application I'll second I have a motion and a second to approve this application roll call Mr Green yes Mr kazin yes Mr yes Mr B yes Castle Grant yes yes Mr yes okay your your application's been approved good luck with your pool thank you everyone have a good the next application is K 1612 Clyde Auto Recycling good evening Mr chairman members of the board members of the public uh my name is Peter clauser I'm an attorney with the firm hbr papay on behalf of Clyde Auto Recycling um last we were last here in June requesting an extension of a use variance that was previously granted by this board board granted that extension uh for 3 months asking that I come back and report as to the status of the matter when we were here we had a couple of open issues and I'd like to talk about uh those open issues and tell the board uh where we are at um we had one open issue with the njde where we were looking to the de for a withdrawal letter from a transition area waiver application we received that uh withdrawal letter and we delivered we received it on the 18th of July and we deliver it to the board on the 19th of July um there was a County that was issued uh for the application in 2017 that had three open items one of them was the delivery of revised plans to address certain details that the County engineer wanted um those were delivered to the county on July uh 23rd 2024 uh the second item in the county letter that needed to be addressed was the uh um the preparation of a bond uh performance guarantee for certain improvements um that Bond was secured by my client unfortunately it was secured in the name of the of cville the city so we've uh already reached out to the insurance company and they're reissuing the bonds in the name of the County uh that's been paid for and it's it's ready to go we're just waiting for the the uh the insurance company to give us the paperwork and then finally from the county letter there was a requirement that a a contribution be made for the Ada ramps those orange ramps that you see on the uh the corners um so we have a county letter from uh August of 2019 which tells us what the contribution is so when we deliver the bond we deliver the check for the contribution and we deliver the check for the 10% of the bond um myself and the applicants engineer both reached out to the county and said we have dated letters can we rely on them and we were told by the county that we can that those are the the correct numbers so the bond is based off of that and then obviously the contribution will be based off of that uh one of the items in Mr uh Cornell's letter was a fir flow test for the fire hydrant uh that was completed um and approved by Kevin krinsky of your fire Bureau uh he issued an email on September 6 2024 that that's been approved so that's been satisfied um so we're so all of the open issues have been addressed my client didn't apply didn't didn't purchase the building and didn't uh send the bond to the county or the checks to the county because we want to make sure that the board has um grants this further extension to allow that to occur but we did all of the things that we needed to do we're ready to go uh and apply for a building permit I asked my client to call oh I'm sorry last time we were here a question was brought up with regard to the old quote for the actual construction an updated quote was received it's it's acceptable um to uh the applicant um I asked my client to reach out to the company that's supplying the building and and and doing the construction to give us a time frame they told us from the point that we apply for a building permit and order the actual building from them make the deposit that they said the building would be erected within 8 weeks um so you know obviously weather uh you know there there could be delays but that'll be under Mr M uh Andy mk's uh you know guidance as he's watching us through the process and I believe that um once we begin construction to a certain extent the the approval that was granted by the board that I'm requesting for a further extension uh would be vested at that point we would have satisfied the conditions of of the use variance approval and and we be we wouldn't have to come back to this board anymore as a construction was ongoing and that would be under your building Department's perview they would be making sure we're doing everything we're supposed to do so um considering sort of the 8we time frame that they're telling us it would be built uh and the fact that we have about a week or so probably of dealing with going to the county and delivering money and and bonds um I would ask if the board would consider just extending the uh previous extension for another three months and hopefully I won't even be back here we'll be under construction and we'll be vested and we'll be uh ready to go oh I'm sorry there's one other thing there's a a the the temporary office trailer that's on the building will be removed um as as the permit for the building uh the the building permit is applied for and then a temporary construction trailer would be located on the property outside of the foot but in the building but that would be Mr michy asked that I bring that to the board's uh attention but that would be I think that's also part of the normal building permit process uh Mr Cornell am I correct in in this that the uh Department of Environmental Protection that is satisfied correct Mr chairman there were two issues with the D one was getting an updated letter of interpretation which they did provide to us that means that the state confirmed the wetlands boundaries on the property the second question we had raised back when the original approval was granted is do they need permits to have trailers within that Wetland area and if you recall there was a Wetlands expert that the was retained by the applicant at the last meeting he said the state agreed a permit was not required they submitted a request to withdraw the application and that was accepted by the state so the Wetland issue that previously we had concerns with has been resolved that's satisfying that's correct yes and the burrow of sural uh issue is satisfied correct we had request a fire flow based upon the proposed bill building construction they had the appropriate tests done and Kevin krinsky or Fire Marshal reviewed it and signed off indicating everything was acceptable so that's been resolved as well as indicated the only open item is the final sign off from the county typically for resolution compliance we ask for a letter from the county saying all their conditions have been addressed and they have no objections to issuing building permits from speaking with the applicant attorney it sounds like all the paperwork is in order they're just waiting for the county to go through and and issue that letter then they'll provide the bonds and everything else so it seems to very close that three-month time frame would seem to be appropriate to allow them to complete whatever is remaining and then get the necessary building permits okay that that's what really what I wanted to know whether the three months would probably be appropriate for the county to finish the paperwork I didn't speak with the county Mr chairman based upon the applicants attorneys they've spoken with the county and it sounds like it's very close to being resolved we had thank you for bringing up the LOI I forgot that I'm proud of that we just got the LOI maybe about a week or so ago and submitted to the uh to the town um to the city the burrow I'll get right eventually um but yeah I the county Mr conel is correct the County's not going to issue that letter that says we have no objection to the building permit till they have their bond and their contribution uh so we'll submit that immediately if if the board is uh comfortable granting that extension and within that time frame I I would imagine a county is going to issue the letter within three months I mean that would be and if I have problems I'll reach out to to Joan and and let her know that the County's holding me up or something like that but I I I don't Envision that and the the lady at when I spoke to the woman at the county um uh she she has the file she has it out she we're we're now digital with them and and they seem pretty organized so I I don't think it's going to be an issue the county seems to be getting back uh now after you get the final approval from the county then you're going to start the immediately the work yep do you have any idea or an estimate on how long it will take you to get the work completed we were advised by the contractor that from the moment we say go he would have the building up in eight weeks would be built and constructed in eight weeks Mr chairman keep in mind on top of the building construction you've got some site Improvement in Paving Drive different so in addition to just put the building up site work they so that'll take a longer period of time I I the site preparation work I don't have an estimate on how long that would take but as I said earlier I think once we get to that point and we have a building permit issued and we're working on the site we have satisfied uh the variance conditions that were granted and we've now begun you know our construction it would then be up to your building department to you know make sure that we're continuing to do the things we're supposed to be doing but by then I believe it would be out of this board's uh jurisdiction in a good way cor yeah Mr chair what will happen is procedurally once we received that letter from the county we advised the Construction office that they've addressed all the conditions of the resolution approval so this board is basically done at that point and everything transferred over construction Bo have any questions and I don't know if it makes sense to give them a little more time yeah four months four months just so they don't have to come back by a week or two yeah before we do that I want to open this open I want to open this to the public anyone from the public want to speak in regards to this application of Clyde's Auto Recycling hearing none I close the public portion any other questions from the board and reference this application and Mr chairman I just like to say uh rather than three months I think maybe four months or slightly longer might be more appropriate because our December meeting is early in December and I hate for them to have to come back just because maybe they're they're off by a week or two you know seems like they're getting everything in order and they want to do this project at least that's my opinion has the county given you any kind of time frame from when you give them these documents that they'll issue the letter that's one question I didn't ask her but I mean just based on my experience and dealing with the county I if if it's not within three months I get to come and and I like I said I would reach out to the board and and say the county is dragging their feet as long as we've done everything we're supposed to do I would think that that would be acceptable to this board uh if if you saw that we did everything and it's simply the county dragging their feet but um and I I I hope we're coming out of a little bit of a dark hole with the county it seems like Julio Morrow and a lot of the guys are they're really uh they're really moving so I'm I'm pretty confident we'll we'll be able to Mr chairman that the hard part is getting the county approval they've got the county approval now it's really just satisfying the conditions which are the bonds and some paperwork items so that should be straightforward any other questions to the board I'm make a motion that we give the extension for four months I have a motion in a second or an extension on this application for four months roll call Mr Green yes Mr kazinski yes Mr espo yes Mr Bell yes Mr Castle Grant yesi yes Mr so Mr chairman just a couple questions so if they're done so four months would be Jan the January meeting so if they're done before that they don't have to come back if they have a shovel in the ground they're done with this board okay so they don't have to come back but if they don't then they is are we saying they have to come back and give us a report like they did last time is that what this means yeah I meano yeah I'll report in the ENT room if if I'm having a problem with something I will immediately reach out to the board and tell you Jones before we close this can you give me the January's datee of that of our next meeting January 2025 have it was think not sure I'm giving you all that next well yeah it looks like 22 like 2 22nd yeah 22 is that what it is the 22nd okay all right so it'll be January 22nd 2025 that'll be the four months wonderful thank you very much I really appreciate the board helping us keep this alive much appreciate it than have a good night night you're welcome next the next application is case 244 cnw Infinity LLC 980 US Highway nine Mr Paige good evening Mr chairman board members my name is Michael Paige as you're aware I'm the attorney for the applicant cnw Infinity LLC as you may recall this application was initially presented to the board on June 26th and was By Request continued and carried so as to allow the applicant to further research address and provide additional information to the board with regard to to the concerns raised by the board members at the June 26 2024 meeting as you may further recall one of the concerns was the applicab applicability of the Fair Housing Act and the New Jersey law against discrimination as to Mr toe's testimony that he would be occupying one of the two proposed apartments and that it would not rent the other unit to anyone with children under the age of 18 years well as researched and discussed with the board's attorney Mr fiser the property as proposed to be used by my client would be exempt from the provisions of these laws but unfortunately as my client cannot control the use of the property should it be transferred to a future owner which brings us to the second turn of the board is concerned requiring regarding the potential proposed use of the property by families with small children um and to this end I'd like to call Miss Chris TOA who is the spouse of Mr Wayne TOA who previously testified and she is also 50% owner of the applicant cnw Infinity LLC as Miss toe is not able to be uh able to attend the meeting and would like to address the board I I also presented to the board uh 11 sets and there's six photos in each set um that Miss TOA had provided which depicts other Residential Properties and Commercial properties located similarly along Route nine I've also presented a which been marked A3 with which represents uh hand markings on the um original drawing submitted to the to the board which further represents additional fencing or enclosures that my client is willing to do which would actually eliminate the the traffic flow around the building and create more space in the backyard area for any potential tenants um in this regard you you'll see from the uh document marks 82 the first picture which shows a section of Route 9 and houses and other properties located along it the second photograph shows number 926 Route 9 which is a residence that's located right along Route 9 the third photo shows cres view apartment complex where the apartment buildings also are located in close proximity to Route 9 the fourth shows 98 the address of 985 Route 9 which is a business with an apartment located above and behind the storefront uh which is located on Route 9 which is similar to uh the applicant's property here and the next picture uh photo number five shows the Dairy Queen business which is located right next to my client's property which shows seating um very close to Route n um with no no protection around it and the last picture shows the storefront of my client's property uh which shows the front entrance way which is the entrance way to the apartments from the front of the building um and that's where you know any potential you know the issue came up with if there were small children where they may be picked up by a bus or School uh simply they would be waiting right on the sidewalk protected by the railing um above the parking area um for the bus to come in pick them up and same when the bus would drop them off could be right there um both Apartments have access to that front door by way of a hallway located within the building so nobody would have to walk along the side of the parking area or the loading area there um and again with the with the proposed additional enclosures um the whole backyard area uh people could go out the back door and would never see the parking lot so to that end uh I would like to call Miss TOA who would like to um make a statement to the board to address um the concerns some of the concerns that the board had at the last meeting one second so you're saying the tenants would go in this front door of the business yeah the front door that's depicted the double doors the double doors I believe that's the doors that go into the hallway of the building and then there's a hallway that goes the length of the buildings and then there's another entrance on the back to those are the entrances for the apartments please raise your right hand you s tell the truth to hope nothing but the truth so help you that here's um my name is Chris to and the address is 980 US Highway 9 sou I would like to make a statement regarding Board of members concerns due to current economics unconcerning after Co ID 19 many business have chosen to work from home our office have been what one one second you have a microphone we can give her thank you you use the microphone we can hear you better if you use that okay maybe I have a Essence sorry um due to current econ omic certainly after covid-19 many business have chosen to work from home our office has been wakens for almost 2 years we need to survive liquid store are very competitive Industries a year ago we submit an informal applications to conve our office into two residentials apartment after the meeting I was very happy because I received an informations from the board members that we have good chance to pass the project as long as we meet all the requirements over the year we have several Township meeting meetings with several professionals from both party compete and approve for friends since last last meeting I understand the concerns of board members however there are many houses and apartment Nam wood n in St ofield the South Side are such as 980 to uh sorry 8:30 to 896 and 926 on the north side from 805 to 933 and 985 they are all total is 43 houses plus six buildings in the Christ will Compass two buildings in front are just off the highway I wonder are the peoples living in these houses and Apartments along the highway safed Del Queen is next to us they provide outdoor picnic tables for customers some of the seat just next to the highway kiss way and run around in the parking lot without fence may I know if this is safe I said yes because things have been going great for years I'm a mother of two kids and I love my children I believe all parents feel the same way just like when customers bring their childrens to the store they will watch them they will watch their children's in and enter the store safely I believe tenants will do the same as for school bus they are two entrance to the second floor a walkway with hand wheels at the front door bus can pull up to the font door to pick up children it is off pit for rot night self when going to an after class everyone I believe everyone life is extremely important I want to see my tenant live safe and happy we will also be adding a friend to the bad Gardens for them to enjoy and I would love all board members support our plan thank you very much anyone have any questions any questions of word to the post departments you have to walk through the liqu store or no no they have a separate two door one in the font side with the hand wheels and the other one on the side um side like uh facing the nine North so we have two doors going to Second FL they don't need to go through in the liquid store one one thing I I do uh take exception to when you spoke you you mentioned the Dairy Queen and and people you know kids coming to the Dairy Queen purchasing ice cream and sitting outside there there is a difference between them coming there in a car and getting ice cream and staying a half an hour or so as opposed to living in in an apartment next door you know they're there all the time as opposed to a Transit coming to your Dairy Queen and just staying for 15 or 20 minutes and in that particular case a small child there is usually with his parents and they're out there with them too we can't guarantee that that would be the same situation in in a residence that you would have there by the liquor store so there is a difference I understand is a little bit different but you know when the kids they go into the buildings if they want to go to the backyard they don't need to come out to the fun you know because the fans already brocking them they can't go to the street be when when the kids go into a buildings they have a the the door on the on the like on the on the ground like you know for the walk in they have a door St so when they go in the door already locked but there is a difference between a person going to a Dairy Queen for a half an hour or so as opposed to living in an apartment 247 that that's my point that that's the difference that I see I I understand I understand what you talk about uh I don't think you know the parents they will let the kids leave from the apartments right even though when they leave when they leave like you know all those house by the highway I don't think like the parents let them out outside on the on the house too right do you think like if your house by the highway do you think you will leave your kids outside in the fard at your house by the highway it's very possible they would if if there you read about it all the time all across the country that parents are not responsible so so far for many years like from that would N I didn't hear anything happen so which means they the the parents they love their kids they won't let them out by the F because like they know their house is by the highway then the other hand is like you know we we don't want like the kids they live in the buildings we we not trying like to get in like you know the the families without any young kids in the buildings because like one side we will take it for our own and then the other side we we are looking for you know like adult you know couples or elderly or like you know like maybe like 50 P you know something like that we don't we don't think they you know we're going to wend it to the kids and then the other hand is like you know as a Asians I'm an Asian you know when Asian own the property right most likely we're not going to sell it like I can't say any other people's like for us like you know I I don't know how to explain because like my my English isn't that good sorry about it I think your English is very good I'm sh for myself I I guess you're responsible unresponsible but there are a lot of people who are not responsible and that's a concern that I have with this type of a situation here uh I read about it all the time you know parents aren't responsible kids drown and swimming pools parents are away they leave the kids with a babysitter who's not responsible and that's the concern we have and the the law we have a federal law that says you can't discriminate against children and we're a government agency here and we have to respect that and and abide by it so the just to clarify um the law as long as uh the property's owner occupied they can restrict the age uh of renters or in restrict children under 18 um fortunately there's a case that provides that a board cannot mandate that a property at the condition always be owner and occupied um so that's that's where you would reach kind of Reflection Point um you know whenever some point far in the future they decide no longer occupy it that's that's when any restriction against children but if they decide to use a realtor to rent out the properties then the federal housing law does become effective and they couldn't discriminate against children I believe that the there's an exception for uh units owner occupied buildings owner occupied but if they use a real tour we can't discriminate exactly but what if they have a problem renting it and then they do reach out to a real estate agent right because that's not going to be an easy place to rent I think I you know if I may just to address that I don't believe that there's any exception to having a realtor represent you on a transaction property's exempt by being a two family residents being owner occupied I think if you look at the statut um and I've discussed this with the attorney for the board um the property itself is exempt from those the application of those laws so regardless of whether you use a realtor or anybody else to rent it that doesn't take away the exemption that's provided under the law but regardless they still have this especially in this day and age many options by which to adti departs and um you know if the board were to act favorably on it they could be under usual condition of approval but could condition not using the real to rent out uh because it's a protected class you cannot discriminate discriminate against children it's fair housing right well as a private owner they can discriminate against children but if I that exempts when it's owner occupied right okay that exempts the property from that so whether the employer realtor or not don't keep saying that because if they employ a realtor it's still owner occupied property it's owner occupied but it it uh violates fair housing it property owner is telling them to do so can't I mean I don't think I guess it's kind of a move Point anyway because if the in client he put that restriction on it my client certainly would agree to that my client has no ention doing that Mr Paige if if you get a circumstance where your client owns the liquor store and they sell the liquor store then it's open season on on the two apartments upstairs and possibly two apartments downstairs for rent correct downstairs well I mean if if if some two apartments would be whoever the new owner was out to whoever they wanted yes that would be the new owner um obviously You' heard from my clients they're not looking to do that but I know one of the concerns with the board was um if the board were to put that restriction on or even if my client were to say I won't rent it out to people under the age of 18 or people with children under the age of 18 would that violate the discriminatory laws and it won't from my client's perspective so yes if you sell if he sells it to somebody or a new buyer comes along or property gets transferred that owner can rent it out to whomever they want somebody with a family with small children yes right right and and variant goes with the land and the variant goes with the land and and the other thing is before you had the apartments upstairs were not Apartments they were going to be rented for office space and the economy didn't turn out that way so what's to say in the future that if the liquor store doesn't doesn't work out and they decide to sell it and then we have a problem because now the new owner could turn around and do whatever he wants with it to whever he wants would be a liqu store and apartment they would have to come before board to create any do that is your client considered ational variance that would only run with land as long as under occupied yeah I mean bringing up thought now right in other words that if it's no longer on your on or occupied then variance pieces do exist um so it's it's a a Time limited variance that's something that a the board would consider your client would consider because if that were to be the case then the board could be uh assured that the prohibition against renting uh renters under 18 or or having any children under 18 could remain infect for as long as this would be an apartment and any any use variance would uh no longer be valed uh after it no longer occup I think I think that is reasonable it is not a uh the recent case law I think that's fundamentally different than simply saying as a condition of La you can it must always be unoccupied I think I believe in my view durational variances are appropriate I've seen them many times before my boards clients of mine when I appeared four boards so you know that could really solve all your concerns Mr chair because at that point they would no longer they would never have the ability to have children in these departments so what we're saying here is the approval would only be with uh the restriction of as long as they own it there there there's no children under the age of 18 there correct as they're occupying it and so what you do is you have them record something in the chain of title uh which basically says that talks about you know it'll it'll reference the resolution and uh it'll basically say that this uh approval if this board is so inclined to give one uh is only valid for so as owner occupied which means that any buyer doing even the mon due diligence would know that they cannot buy it as department they show that they're but that owner occupy would only be with the applicant that we have before us now it wouldn't it wouldn't go to another applicant wouldn't cross over would it it could as long as uh it is owner as long as they intend to owner occupy it they comply with the no um children under the age of 18 uh then it could continue basically what matters is the variance would go away as when it no longer becomes occupied so if it's them uh applicant owner occupying it or someone they sell it to occupying it as long as its owner occupied under the fair housing act in the log against discrimination they have the right to exclude children under the age the only the only issue I would have with that is if that was in effect and they were to sell it the new owner could appeal our restriction to it and take us to court on it and and get it and get it changed I I don't believe that uh they would be successful because you're talking about a limited duration varing and not a condition that affects the property perpetuity running I mean you could even have something in there that you know on sale of the property they have to report it to zoning officer repeat that again on sale of property they have to report their sale to the zoning off okay so 10 years from now I'll try and remember well it would be in the file and it would be in their chain of title would be where I hope you keep it in the file right the resolution would be in file just Mr chairman one one question be be I remember from previous testimony that the one apartment to the back was going to be for their son I didn't hear testimony that it was for the couple and their son so can you clarify that I don't know if I'm recalling incorrectly but sounded like it was for their son wa up [Music] son people okay all right thank you and your son was 24 am I correct 23 okay and and you you have possession you would have possession of the the larger apartment am I correct okay so it's you and your wife and your son that's it so we're talking one apartment the other apartment is the one that you're going to rent okay what's the board's opinion on this when I just want to clarify something that the entrance to the liquor store is on one side of the building and the entrance to the apartments would be on the other side is that correct you why you come up three door in the front side and one door one door on the side it so Total Building door and the left side and the middle door is go to the liquid store and the right side uh that is going to the upstairs the uh the first apartment in front yeah me that reason I'm confused is because I see those stripes for the parking spaces when I look at that picture oh that's a side door uh where's the [Music] another so on this drawing here oh yeah uh that is a side door and the side parking space so we have a two different engine so that is going to the back apartment so that we we want to use it Mr chairman if I might I have a photo yeah shows the front of the building it shows three separate sets of doors yeah and the left two door is go to the Le door right correct so two doors as you're looking at this to the left go directly to the liquor store the doors to the right which are in the photo you provided lead to the apartment yeah they only go to the second floor right so I can pass this down so the board can see what it looks like okay so the reason I was asking is another thing is so you're going to have the fence you're going to put the fence to to to clearly indicate that this is the apartment and this is uh so is there a way you can extend the fence and perhaps even put a gate just so that there's the fence to bracket and then no one can go to the uh backyard we right or just like an on on some normal houses you know they have a gate with a fence in the front so people just don't wander in you know they have to actually go and open the gate so that's kind of a deterrent so if you could do something like that so that you know a customer doesn't wander into that door either on purpose or by accident that there's there's a gate there that they is sort of like a warning like you're not supposed to be coming here yeah you know I understand so you mean you want to um use the fence to Brock it to uh the engine don't let the customer go to yeah with the gate with the gate just so that may be uh yeah we can I mean and that's kind of like a normal for a house in a lot of cases you know in the front yard okay Mr Paige before we go any further uh the suggestion that Mr fiser made uh is your client and you agreeable to this type of arrangement we didn't talk about that yet yeah no um I just asked my client and he understood what the uh board's attorney had indicated um he's willing to he's willing to accept that um as a condition or a a a limited um approval on the with regard to the application so it is something that certainly would be acceptable to my client because as he even testified it's his intention to to live there with his family he owns the business he's owned that for a number of years now um and he wants to continue um there so so the understanding would be that if he was to sell the property it would be in AED that it's null and void on on the uh the agreement with the board with the children correct still be a condition yes that carry with the property yes OCC so the if if they were to sell it the new owner would know new owner would have to owner occupy it in order to have the approval of the varant we would work together to find uh appropriate legal language that would be a um a blaring LAX on uh to show any potential buyer this uh durate any um residential use is of limited duration should not expect necessarily to be able to continue that if they got property also to find own Rocky P I mean I could buy it and rent it out to my sister who was kid I'm the owner I mean is there any dotted line to that or is it cut and dry you have to live there there can't be any kids if you're the owner you can't have kids either that's condition no one under 18 oh no oh the owner as well every okay I missed that part that's the owner too owner too you understand we're doing this to protect the board because we have to do our job we we we understand the the entire situation that we were talking about is is children and safety Etc and and if if we have this type of agreement that satisfies you and it satisfies us so would have any questions any opinions on this before we go any further all right before we go any further I'm going to open this up to the public and ask the public is there anyone from the public who wishes to speak and reference this application hearing none I close the public portion what's the pleasure of the board concerning this application with this new development that has come before us tonight Mr chairman I moved at the application to be approved subject to the uh idea that our attorney has uh limiting uh transfer in the future so that no children can be uh occupying these apartments second I have a motion in a second to approve this application with the conditions that were just stated roll call Mr Green yes Mr kazinski yes Mr yes Mr yes Mr cast Grant yes Mr yes Mr s receive res next meeting thank you Mr chairman thank you board members for all of your consideration and input in this regard on behalf of my clients you've made them very happy thank you thank you very much good Lu you're welcome thank you I just want to mention Mr Paige we did have a full board tonight thank you Mr have it in three mons thank you very much e very good counselor P that one out at the last surprised me think our board engineer reminded me of uh potential for certain durational anyone from the public wish to speak on any issues not relating to pending or present applications seeing no member of the public here I close it uh resolutions has everyone had the opportunity to look at the resolution in reference Archer Capital LLC River Road yes what is the pleasure of the board in reference the moralization of this application I move that the resolution be approved as written I have a motion and a second roll call Mr Green yes Mr yes Mr yes M yes M has everyone had the opportunity to read the minutes of the August 28 2024 minutes yes a pleasure of the board concerning those minutes I move they be approved I second it I have a motion in a second to approve the minutes of the August 28th meetings make a motion to adjourn so moved Motion in a second to adjourn the meeting's adjourned e