Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Yes, sir.
Counsel?
Everton, you heard everything I had to state today about your zoning matter.
Is it true and correct?
Yes, sir.
And do you adopt this your own testimony?
Yes, sir.
All right, thank you.
Questions from the board?
yeah just trying to reconcile the photo with the drawing because they're different
is the photo more recent or the drawing is more recent so the photo is the the recent
i put as the surveyor document as well so i had a uh old fence installed but i i when i remodeled
my house i didn't want to bother any neighbors so i didn't i didn't know like the the other
fence behind it was mine but i just built another fence where your current was that's why i lost
like it was five feet.
Well, you didn't lose it. It's on your deed.
What? So you didn't lose it.
It's on your property.
You did, yeah.
From a functional standpoint.
Functionally, but not legally.
That's right. I'm just saying functionally.
I think my question is, in the photos
it looks like the deck is L-shaped
and that the trellis goes
all the way to that fence line.
Yes, is that... But on the drawing
it looked like
that the
that the deck was only one rectangle
and that the fence only covered half of that rectangle.
So I was trying to, that's what I'm trying to reconcile right now.
All right, well, let's go to the drawings and see.
Did I pass it?
All right, right here.
Yeah, that's the current plans.
You mean right here?
So this is the addition, not the L-shaped.
Like where these doors come out?
This is just the roof.
Yes, the deck itself is this L-shape as well.
It is L-shape.
Yes, which was on the blueprint before.
There was a green.
But then the roof was covering up.
All the way, so you're pulling the roof back.
I pulled the roof all the way to cover the deck
because the back neighbors were complaining
because the deck was all the way in the back,
which is up to cold.
Got it.
But right now, in this drawing, for example,
but you see where the red fuzzy circle is?
Are we extending the deck to cover that?
No, I think that the...
No, we're eliminating.
So the photo shows that filled in.
Yeah, no, we're going to have to...
Drawing is going to be the most updated.
Yes, yes, that's why we have revised drawings.
That's right.
If you guys are okay to leave the roof like this
or if you guys think that it's better for me
to cut the deck, the roof on 14 feet
to be like 16 feet.
That's like what I was thinking
because my back neighbors,
they're not getting that.
The deck itself, it's up to cold.
So they were complaining before
they didn't have privacy.
That's why I built like this roof
and I put like those green stuff,
the privacy wall,
so I cannot see like none of the back area.
So that's what they are not getting.
How high is your deck off the ground?
29 inches.
And how high is the fence?
And the fence, six feet.
Six feet.
How high is their fence?
My house is uphill, so their house is downhill.
Downhill.
And then did you have to remove any of the trees that were shown in any of the images?
I had three trees before, and I had to remove them.
You did have to remove the trees.
All right.
Other questions?
Not a question.
Comment.
Decks.
There are two prohibitions when it comes to decks.
one and the one that applies here is that decks cannot have a permanently affixed roof
so i don't know why you didn't get a refusal for this whole thing because um decks cannot have a
permanently affixed roof or stairs there are the only two prohibitions when it comes to decks
and you are violating the one that matters the most in that the um reason why is because next
thing you know there'll be windows next thing you know this will be an addition it won't be just the
deck that's how there's the creep you know people start with the okay now we have the deck now we
put the roof on the next thing there'll be windows next thing this will be an addition and not just
a deck with
a roof. Now you can have
an awning, you can
have anything that
isn't permanently affixed
but what you're asking for
is something that's specifically
forbidden
forbidden shall we say with respect to tax well and i don't think it was intentional he got
shall we say.
permits for everything else i think he added that on not knowing the gravity not intentional
idea is no i know i get it and that's what here when you just do things to you you know this is
what happens that's exactly right and and he didn't get a violation he worked with the inspector
The inspector said I was going to give you, correct me if I'm wrong, this is my understanding, from Mr. Goldberg, you had a conversation with the inspector, he gave you the CO, he said, file for zoning to legalize this, otherwise I will give you a violation. Is that correct, Everton?
Whenever she said, for me to stop doing whatever I was doing, just saying, I'll get the zoning barrier. You've got to have to apply for zoning barriers. Because zoning itself, it's not going to allow. You've got to talk with barriers.
Exactly.
Yeah, and that's why we're here today.
And if it's that bad, if you guys can help at least,
just for me to cut the roof like half,
like to have just like 14 feet, that will help a lot.
I put more like because of my daughter and my son
for them to be outside and having something.
But it's...
Is it common to this neighborhood to do that?
Or is it yours like the only house that has that done?
With the roof?
the roof there's my back neighbor they have like a roof but they don't have a deck
they have just like the roof itself i have a picture like in my phone they like both of them
like my other back neighbor they have he has like the addition that it goes all the way there but
it's covered up but it's like whatever like he was saying like the measurement was like 12 14 feet
away from the fence now my back neighbor is straight up he has just the roof going out there
it might be like 14 feet as well like away from the property line yeah so what we did was measure
like we see the building footprint on on atlas we just take a measurement from their property line
and those numbers were all non-conforming i can't say whether it's illegal or not
i didn't look into that all i'm saying is they're non-conforming structures um and you know obviously
we're trying to work through this and the people tell left and right who would you know be impacted
as well like looking to left and right who are behind me right now have no issue with that they
sign they are the people to left and right right left yeah okay it's fun to make sure that's why
my understanding but they also sign letters of support they have no issues they would be impacted
as well questions for our attorney
um i just wanted to know if the board does approve this we do need a full set of the revised plans
like one page was submitted but it was a four page set that was submitted to lni so we need
a complete set of what okay if the board does approve okay and we can do that you know as soon
as you know yeah questions or comments from the audience all right money money let her sit down
please you already stated your name uh you were sworn in before just state your name again deborah
Debra Sparks.
Do you
support this project?
Yes, I do. Thank you.
Do you want to testify, too?
That's it. That's all I need.
You support it.
Sir, could you please state your name
and spell it for the stenographer?
Kenneth Owens.
K-E-N-N-E-T-H
O-W-E-N-S.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Yes, I do.
Are you in favor of this project?
Yes, I am.
Thank you very much for your testimony.
Is there anyone in the virtual audience?
Can I ask another question, please?
It says here that there's, is there no RCO letter or summary?
There is.
They just wrote, they said, I'll share it again.
Here, I'll.
Is that the updated?
They took no position.
They took, it was a, yeah, they just took no position.
So you see here, non-opposition, no position.
Yeah, and all I can say is that Mr. Goldberg
handled the community meeting.
I asked him today, like, what the temperature of the room is,
and we reviewed the letter together,
and he indicated to me that more people raised their hands,
they took the vote in front of him,
more people raise their hands in support than in opposition so um planning commission
amy board with the planning commission the comprehensive plan recommends no
The comprehensive plan recommends no change in zoning at this location from the existing RSD-3 residential single family.
change in zoning at this location from the existing rsd3
The appellant has not shown that there are unique physical conditions or circumstances of the property that would prevent it from being used in conformance with the zoning code.
The Planning Commission recommends that the Board deny their requested variance for a rear yard setback.
MI 2025-004-427-9231 Convent Avenue.
I vote yes with proviso.
Revised plans, four pages,
stamped by ZBA on December 10th,
Michael Johns, my vote is yes with proviso.
Cheryl Gaston, my vote is