got the positioning of the driveway, you can see that the driveway end is lined up right where the
end of the house is here. And if it could not be placed over, if it was placed over,
cars wouldn't be able to get into it on an angle. And that's one of the reasons motivating
the positioning of that garage. And these are just, the plans also just indicate other
um other you know other visuals on the other side you can see the patio the patio goes matches the
the width of this um this is an above the ground pool here but the patio paved surface runs to the
property line and this is the eight foot setback relief that we're seeking uh relief from here
and uh so that was basically the long and short of what this particular zoning application is all
about going back to our exhibit package and um we brought this matter before the community
we had a community rco meeting with the mayfair community center and the mayfair um community
association on january the 22nd and had a pretty good conversation with the with the with the board
there um and here's our this is these are the three exhibits which show the uh that we mailed
to the community 48 affected neighbors here receive this particular letter here in lexington park
and these are their addresses again and and this is our certificate of mailing
and this is how the meeting went i mean do we have any results of it yeah so we have not i
requested a few times um to from the may from mike over at the mayfair and actually mr mcdermott
testified in a couple hearings prior to he was there at that meeting and he indicated that the
board would that the Mayfair Association would speak and make a decision regarding its support
or any proviso questions concerning it we did get I sent a letter to Mr. Servanson advising him that
the neighbor 2906 indicated and wrote an email in support of and this is this is just his letter
This is my letter from my conversation with the neighbor. And I'm sorry, this is his letter saying, Mr. Kevin Clancy, he's a fireman. He lives next door. He has no objections to the canopy on his side of the property. At the meeting, the landowner on the 29010 was present, and he was there in his position. He had a no opposition position.
I can tell you that in the meeting, the vote was held based on the discussions of Mayfair Civic Association. There was nobody who voted and opposed. There was one in support, and everyone else, I think there was 10 who voted supporting with the proviso, and the proviso was to be determined by Mayfair Civic Association.
and they have not provided that to us so we're kind of here not knowing the the clear position
of the of mayfair but we know what the vote turned out to be because we were there for that
and um and that's why we don't have that exhibit 15 at the end of our package okay um
so at this time i'll move to questions i'll i'll invite uh mr da silva to adopt your
advance. Yeah, to adopt my testimony. If he's there. Mr. De Silva, if you could raise your
virtual hand so that we know he's been around on the hearing the hearings all day. Hopefully,
he is still present. He's been about to speak. Okay, perfect. Sir, could you state your name
and spell for the court stenographer my name is um ivan i-v-o-n-e last name silva s-i-l-v-a
do you swear or affirm to tell the truth the whole truth and nothing but the truth
yes sir please proceed counsel uh yes mr da silva you've heard my testimony on your behalf
for 2908 carnoff street and will you accept that testimony as your own yes and is there anything
you'd like to add to my testimony as to to supplement what i've said no i'm okay okay
no i'm okay okay well with that um mr chair we'll ask any questions questions from the board no mr
well with that you um mr chair
chairman ish no chair questions or comments from our attorney hillary emerson
all right at this time mr care questions or comments from the virtual audience
mr chair i have a hand raised from peter mcdermott i haven't got them to speak
okay hi mr mcdermott you've already been sworn in once today
good evening can you hear me yeah mr mcdermott you already sworn in earlier so you can
just state your name and testify yes uh good evening my name is peter mcdermott p-e-t-e-r
m c d e r m o t t um i did i coordinated with uh i'm the zoning chair and i coordinated with
mr servison who was our president who typically submits the letters i sent him over an exhibit
the photograph exhibit number one showing an aerial photograph looking northeast which is
dated April 10th, 2023. That photograph is just six weeks after the settlement date,
which you can see on the deed of February 24th, 2023. The homeowner, who is also a contractor,
failed to submit documentation and obtain the necessary permits for both the garage
and the patio canopy. Excavation and civil site work had already started on both projects,
which is evidenced by the photograph which was on that exhibit the garage is situated off of an
existing asphalt driveway which you could see in mr sherman toppin's exhibits the garage is large
with an area of 320 square feet it's 16 by 20 the garage is a prefabricated metal shed
referencing the applicant's exhibits and the submittal which on page 36 which is drawing
sheet four of five the shed manufacturer themselves which is referenced as new teen carports llc
clearly state on their drawing please send photo of the finished site and the copy of the permit to
sales at new teen carport.com based on the location of the existing driveway which mr
the topic has referenced, and the purchase sheds width, which is 16 feet,
the Mayfair Civic Association continue to accept the claim for a hardship for that garage and shed,
which would avoid demolition of the shed, its substructure, and the concrete apron,
which the applicant poured due to the existing physical characteristics and the location of that driveway,
which is situated along the southeast facade of the residential dwelling.
Please note, the applicant and attorney both stated at the meeting
that the homeowner parks the work vehicle inside the new garage and shed,
which Mr. Toppin just referenced as well to avoid theft of tools and vehicle.
The Civic Association board officers, including myself,
have visited the site a minimum of 10 evenings.
I'm currently out front of the house right now.
Since our meeting on Monday, January 22nd, 2024, during all of these visits, the white work van slash truck has never been parked inside the shed.
We do not oppose the shed. We do accept the hardship for the shed.
Exhibit number two is an aerial photograph looking southeast the other direction, which is dated April 10th, 2023.
And for the record, these images were obtained legally from Eagle View Technologies Incorporated, to which I have a subscription, and the program is known as Connect Explorer Pictometry.
This photograph is the same, just six weeks after settlement, February 24, 2023.
The homeowner, who was also a contractor, failed to submit documentation and obtain permits again for the garage and the patio canopy.
Excavation of civil site work has already clearly started on both projects, evidenced by this photograph.
This overextended canopy atop the patio abuts the property line when the code calls for an eight-foot side yard setback.
The lot dimensions are 65 feet wide along the front, which you can clearly see on his drawings, as well as the deed,
and 156 feet 10 inches along the southeast boundary and 190 feet 10 inches along northeast boundary
doing the math and based on the existing dimensions of the lot and the fact that the lot is almost three times
And based on the existing dimensions of the lot and the fact that the lot is almost three times as deep as it is wide,
we take 190 feet, 10 inches on that side of the property, divided by 65 feet, and we're at a factor of 2.94.
There's no hardship for the overextended canopy atop the patio.
The swimming pool, patio, and canopy could have easily been oriented to comply with the code
if a design professional was consulted and the proper permits would have been applied for
by the applicant or their representative. Based on these lot dimensions and the exhibits from
Mr. Toppin and the deed and the survey, the Mayfair Civic Association denied a claim for
hardship for the patio canopy. The Civic Association is okay with the garage, but we are
not okay with the canopy. In Mr. Sherman Toppin's testimony, he stated that the canopy is eight
feet from the structure. It's at least nine feet eight, probably closer to 10 feet six inches when
I put an architectural scale on the drawing. Thank you for your, I mentioned your testimony.
We appreciate it. Chairman Bergman, and to add to this, Mr. Toppin is correct,
Based on the documents that we had provided to us at the meeting, the majority was non-opposed with provisos.
However, when we got the exhibits that were submitted to the ZBA and we could clearly see the dimensions on the drawing, which we could not see from the exhibit shared with us.
And when we looked at these aerial photographs and we did all the dimensions and based on the fact that the physical characteristics, particularly the lot dimensions, easily allow for the comforts and opportunities that the applicant would like with a patio, a canopy and a swimming pool.
this could clearly be done going the opposite direction rather than going out to this across
the 65 foot frontage where there's at least 150 156 feet 10 inches and 190 feet 10 inches
on the side where this canopy is uh it's it's it's a a large overreach by a contractor
who should know how to pull permits and should know how to follow code okay um thank you mr
mcdermott we appreciate all of your input um mr chair i just want to interject briefly um
mr mcdermott if you could if you have um a written letter from mayfair and any exhibits
that were not things that you referenced
that were already shown by Mr. Toppin.
Can you please submit those to the board
and Mr. Toppin for the record?
Counselor Armisen, that's not a problem.
I'll send them both.
The only thing I could see that may have been a hindrance
was and where they didn't go through
is these images are TIFF files
that are downloaded from this Connect Explorer pictometry
and they're extremely large.
They're 76 megs.
Oh, yeah, that would be a problem.
Yeah, I did compress them,
But I don't know if the compression was to a level of a of clear passage through email.
OK, yeah, we would we would need generally around like 15 megabytes, maybe could do a little bit more.
But yeah, things do have to be pretty compressed.
OK, I'll compress. I'll recompress.
I would like to I would like to make a few comments to respond.
Yes, yes, please.
Yeah, I'll be brief, but I do appreciate the thoroughness of Mr. McDermott.
He's definitely a sharp guy, and that was evident in the board in the RCO meeting as well as the full board.
And we do appreciate their support of the garage structure, and he does use the garage, perhaps not in the days that it was being used.
But the whole purpose motivating the garage was his work, and that is when you roll that garage up, it's got tools and everything else in it for his trade.
So I've seen that, and I would represent to the board that that's not something that he's –
But going to the orientation of the pool and the canopy and the existing concrete patio that's here, Mr. McDermott has made indication that the orientation of the pool, if you look at the plans that I've got in front of you, the pool could go the other direction.
but this is a retaining wall that drops down about eight feet from the surface downward.
That's not evident from where Mr. McDermott is watching, but this is not level to the grass.
This is like a retaining wall here. That's why you've got these steps walking up to it.
So if the pool was oriented differently, it would come out here. That drops off even further down.
So the cost of doing exactly what he's proposing.
So the cost of doing exactly what he's proposing, which would mean starting the patio back here and orienting the pool going in this direction, would have a more severe, and that's where the feasibility came in.
And by no means do I think that because he is a tradesman, he perhaps is not a tradesman in all trades, but I agree the permits should have been pulled.
This is a legalization zoning hearing, but I do think that this orientation of the pool is motivated by the cost of doing it the other way.
So that being said, we would, you know, if need be, it would be great to perhaps see the actual proviso.
We didn't get the benefit of the proviso or the comments of Mr. McDermott prior to the hearing.
we would have we would have had to perhaps had some time to have more discussion but
that just didn't happen so that's where we are today we submit this to the board so planning
commission this is uh ryan bednar city planning the property is indicated for residential use
on the city plan or adopted district plan recommends no change in existing zoning at
this location the applicant's hardship is self-imposed therefore we recommend the request
surveillance not be granted. Okay, thank you. Mr. McDermott, I see your
hand up, but let Mr. McDermott, I see
your hand up. We're not going to debate this all night. We know where you stand.
We know what your issues are, and we know where the
Sherman top it is. Let Mr. McDermott
speak in a minute.
Still able to speak.
Yes, I just wanted to add something.
so without a professionally licensed survey or sealing a drawing i don't think we should talk
about elevations in the rear yard of being eight feet or greater than eight feet without an actual
professionally licensed survey drawing it's just hearsay i would i would rather see a drawing that
actually showed that with cut excuse me with cut and fill sections showing that this would have
created some hardship immediately after the purchase of the property this excavation was
started. You said that, Mr. McDermott, and we understand. I'm just reaffirming it. Okay. Thank
you very much. We appreciate it. There's been a lot said about this case. I'm going to hold a
vote for this, and I'm going to talk to the executive committee, the board, to figure out
where we want to be with this. I've heard both sides of it, and we'll vote on this, not next
week two weeks from from today on wednesday at 2 p.m that's wednesday march 6th mr chair 2 p.m
yep the record is closed everything everything is closed everything is yeah other than the
submission of the documents that mr mcdermott referenced in his presentation and thank you
thank you counsel um is there anyone in the virtual audience whose case has not been called
i do not see any further hints mr chair look thanks everybody you know we got we got a little
tied up with a long case today i do appreciate what everybody did um sometimes you get these
cases they're just they have to be what they are they people got to do what they what they think
is important for the case so i appreciate your help and things like that and i'm sorry we got
a little late but um thank you all no problem bill thank you thank you mr chair
good night everyone good night everyone