Planning Commission - Regular Meeting

Roll call. If you state your name from my left to my right for the for the record, please. Michelle Samarian, Linda Novak, Mark Zo, Randy Bergman, John Simon, Brian Rockoff. Seeing as we're called to have a quorum, we'll call the meeting to order. Adoption of the agenda. All in favor? I opposed. Agenda is adopted. Uh, new business. Bill, would you introduce the first case to us? Yeah. Did you want to do your prep speech, Randy?

Yeah, I can. Um, this is a quai judicial body. Uh the intent is to look at the applicant and look at not at the applicant but look at the question before us and we'll make decisions based upon finding the facts that are relevant to the case. Uh this is we have several steps to it. First is the introduction of case by the building official as to why what's what he objected to their request and why it's in violation of our ordinances. Uh the second point will be for the applicant to state his case and why he wants or she wants what is requested and then after that we'll have open discussion with the uh the public where they can make their comments. We will we will submit written comments that we've already received pri prior to this meeting from anyone in the village and then after that we'll have a discussion among the board in which uh we can ask to have discussion we will ask questions of the applicant and the building official and we'll work at obtaining a listing of findings of facts on which we'll base our decision. Once we agree on those finding of facts, we'll have a vote and make make a decision. That decision is binding with one exception. If the applicant does not agree with our decision, they have 30 days to appeal to circuit court. If they do not appeal to circuit court, they do not find in their favor. Our ruling stands.

I think that explains

that's it. Very good. Thank you. So, moving on to new business zoning board of appeals case 25-005. Property is located at 30158 Rosemont Court. The zoning is RL. Um on the letter or on the um agenda as you have in front of you, I had listed uh the ordinance prior to listing the actual ordinances that the applicant is requesting a variance for, but he's asking for one variance first and then the second one second. Um I think Randy, I think it would be who of us to for you to handle them separately.

Okay. Okay. Because if the first violation is not granted, then it makes the second one boot. Yes. Yeah.

So the first would be under section 1268.13 parent B. An accessory building shall be in the rear yard except when structurally attached to the main building. The above shed is in the sideyard. Therefore, in violation of the above ordinance, the applicant is requesting a variance to locate the shed in the north side yard. So to start with, the shed is not allowed to be in that sideyard to start with. So no matter where it's at within the property line, if you don't grant him the variance for that, the distance to the property line is irrelevant. Um the second part of that would be is if in fact you do approve having or allowing the shed to be in the sideyard, it would be uh section 1268.13. In no entrance shall a detached accessory building be nearer than 10 ft, excuse me, to any adjoining lot or nearer than 10 ft to the principal building. The issue is not the principal building, but the issue is this shed is located 6 feet from the north side latine. Therefore, in violation of the ordinance by 4T, the applicant would then be requesting a variance of 4T to allow the shed to be within 6 ft of that sideyard. So, that would be item number two if in fact one uh does get approved.

Thank you. Okay, you have this.

I think the sheriff submitted may have submitted some stuff, too. I don't know if you've been to the site. I presume that you have. The shed is existing. This is Rose Mount Court and the driveway comes up to the top of the hill where the house is located and the shed is over here in the sidey yard. So that's what I'm referring to. Definition of the ordinance is a rear yard guard is from the back of the house to the rear property line. So I take a line similar to that across the back. That's the rear guard. That's where it's allowed to be. This is a sideyard. This is a sideyard. And then this is to help you understand how that way or how the order is defined.

Anything else? Nope, that's all I have. Thank you. Is the applicant here? Could you say your name and address the record, please?

Bashier Shama 30158 Roseman Court. So, um, the only location that would place the shed was in that location without having to resort to grading or to tree removals. So, this is the only area in in my uh lot that I can put it without having to remove trees or regrade. It's a hilly uh area. If you've been to the site or if you look at the site plan, you can see it's the elevations in u uh on the lot. So, if I were to put the shed anywhere but where it is today, I'm going to have to regrade and then I'm going to have to cut some trees as well in the area where is it has the minimum optional regrading in that area. It's flat. I do not need to uh regrade. I did not need to cut any trees and that's why we put it over there. So, relocating it anywhere else is just it's going to require changing waterways. It's going to require regrading and it's going to require as well removing trees. So, this is for the first uh point. For for the second point, um about the distance from the lot line, if I'm allowed to speak to that, uh we're only violating in one corner. The 6 ft is only one corner. The other four corners are within the limits. And according to Southfield Township ordinance for distances for SH ordinance 1268.13 uh section D uh the minimum uh point is 5T.

This is not this is Southfield Township Franklin going correct. Correct. And and this is why one of the reasons why um why this why was the distance when we looked at it the other reason as well when we placed the shed there was no boundary survey yet. We use the site plan as a reference and it is the it is 12 ft from where the lines were on the um uh on the uh site plan. So later on there was a boundary survey that was established after the shed was placed and then the measurement happened. So prior to that we did not so the reason I referenced the the Southfield Township because we are in township. I know we're in Franklin we have ordinances uh but you know this is just point of reference. Another point as well is when we put the shed there, there was no boundary survey. We used the site plan and we were actually surprised to see the difference between the boundary survey and the site plan, you know, when it comes to lot lines. We thought it would be like within 6 in and it was not. So this is the other reason.

When did you apply for the permit on the building um for for the shed? Yes. Uh uh it's my understanding that sheds uh under 100 square feet do not need a permit. Sheds under 200 square feet do not require a building permit to be issued. However, they do have to meet the zoning requirements. Okay. Thank you. Any questions from the board? Is there any uh code for like rat walls or anything supposed to be done under this building? Uh, frost protected footings are only required on accessory buildings that are in excess of 400 square ft. And it's on a cement pad, right? I don't know what it's on. Yeah, it's on cement. From my perspective, it didn't require a building permit. I don't Yeah,

I don't have any Well, just going and looking at the site direction as to what it should be set on. Also, there was a lot of sheds in in in the neighborhood. Also, if you look at them and if I would refer to to ordinances, they're not necessarily compliant with with the ordinances just because the nature of of the hilly nature of our neighborhood, which you know, I I understand now I understand why these sheds were placed the way it is. Now that I think about it, when I walk around, I'm like, well, there's a lot of sheds don't meet the requirements, but then I look at it, I'm like, yes, I understand this because people probably avoid regrading or cut trees as well. So this is another point. Thank you. Of course. Thank you.

Your your application references um many times a corner lot. Yes. Yes. Uh so it's it's a culde-sac, but if you if you zoom out, you're actually uh backing up to Northwestern Highway and then you have um Inkingster. So the corner the lot backs up to Northwestern and to Inster. Where's on the map? Um on would that be the north side? Uh right here. That' be west. West. North is that way. Yeah.

Can we I'm just I'm confounded a little bit because I was looking to try and figure out exactly where this how where the corners are because the corners have different regulations, different ways. Yes, that particular property referencing the denial that was submitted in the request for the variance has really no relevancy to where the back of that property backs up to. The issue is can it be in a sideyard and can it be less than 10 ft from the property line is the two issues we're here for. the fact that the back of the property may back up to Inkster and then the other part of the property may back up to Northwestern

which I first I don't believe it does because two backups huh there's two properties correct you own two properties correct correct that are adjacent to each other and one of them backs to Inkster so whatever other piece of property he owns is a separate piece of property and has nothing to do with this piece until they're combined as one that's trying to figure Yeah, I I mean that's why I referred to it just because it's I was trying to give an and try as much as accurate explanation of what the lot is. I understand but the the the code has a very specific definition of corner. Okay. And it gives you some some latitude in things, but I don't think this qualifies as a corner. It's not a corner lot.

No, it's a pies-shaped lot. There's a home on both sides. Right. But here's my bigger question, which is one of your reasons for hardship is that it would because of trees and braiding and we have an aerial photo in front of us that shows a flat mode area. Okay, that's what I observed when I went to see the site. So, I'm not sure where the

you're you're more than welcome to come to the property, but if you look at it, it's actually sloped. The whole property is sloped. So it will require regrading especially in the backyard. Uh the area with the most minimal uh requirement for regrading that's where I have my well and this is where the power lines go. If I may approach over here but there's a hill over here

and and you can see it's all the way down right from here to here all over here there's a hill hill. From here it's all on I want to say I don't know 12 to 20 degrees depend on what you're looking um you have a well in this area the power lines coming through this is the shed is in this area right here you know under a pine tree where there is nothing because only goes under a pine tree do so we don't have a graing map in our package the great there is it in our package this diagram shows great lines on okay that's what I'm looking Can we go back to this picture? Yeah,

I'm just looking to see what the amount of Oh, okay. Thank you. Okay. Can't read it. All these lines, these lines here are the proposed change of grade lines from the original plan that was brought in. But see these dotted lines. The dotted lines are the original grade of the site. Now, when this property was developed, the only great line that was changed was along this area. that this area, these gray lines stayed what was there all along. Now, everywhere you get a line is a change in the grade of a certain amount.

Um, I don't know that I can read these numbers right off hand. My eyesight is not that good. That's why I wear glasses. Um, but typically they're either two foot, one foot or two foot intervals. So from here to here would be a twoft rise in elevation and from here to here would be two foot just like see these gray lines here when you get near the edge of the property onto the neighbor it drops off fast. What's the grade lines now where the structure is existing currently? This is right here. Okay. And it's pretty flat around this area. Okay. So is that area considered the back even though it's along the side if it's the line to the left

that way is back. Okay. So, but that would be considered a sideyard or a backyard. If you were to move your hand six inches to the left, this area to the left towards me. Come towards me. Okay. That's backyard. That's backyard. So, right there where it also is flat. Backyard. And that's flat there. That's flat. No, it is sloping, but it's a very minimal slope. So, you're saying it's two feet from one dotted line to the next. 50 foot. It only raises two feet in the same ft. That that particular area would be considered backyard. What I'm getting at. Yes. Okay. If this shed moved back that distance, it would be in the yard. We wouldn't even be here. Okay.

I mean, is there enough flat land right at the break where he could put it there without much? That's not my decision to make, but I truly believe that's possible. And so I will still have to regrade there. The regrade will be minimal. And then here's your trees that are in the area. Trees are all these markings here. Yeah. Those of the trees, if this shed was moved from here to here or here, no done be in the backyard.

Other than grading it, isn't it possible? I mean, I've got one of those big sheds like yours in my backyard. But rather than having it right on the ground, it's on a platform that's built, you know, into the hillside kind of, so it's flat and on a small grade. So I you know it's just other than great tell you what it's setting on but because of it size it's not required to have a prosper table putting it's not required to have post it's not required to have concrete pairs it can be sometimes okay so that's what the code says and and to to put it in this area I will have to move trees in there and I would still have to do

wood yeah that's not Oh, Bill. That's the tree ordinance. I mean, those are the loc those dots are trees. How old was this survey? Like, does the do these pictures match what we see on the survey in terms of where the trees are? Uh, I know. Well, yes, the they will it matches. The trees are accurate on the site plan to answer your question. It's about uh everything on there is matching the site plan. That's where the trees are. [Applause] If you look at this picture of the house, and right in here, there's no trees. Wait, here's a house. No trees. And behind it,

and that grade is So, this is all backyard here. [Applause] Yeah. That shed is over here and you can see this area here. No trees. I don't see a lot of trees there myself. Yeah, but but this area is there is a slope there. You'll have to regrade in this area. So I have I have my wall over here. How big is the shed? No. Uh 80 square ft. Okay. 10. Correct. Right. But but the problem is I will still have to regrade in Syria.

There is no flat land in Franklin to speak of. That's a fact of life. Yeah. Yeah. That's why people like it here. Yeah. It's natural. Right. Right. You know, if it was flat, you know, we would have put it in in the backyard. Obviously, I'm looking in one of the letters from that was emitted. I have a photograph just so everyone knows which one I'm looking at. Yes. Okay. That of a patio with a table in it. Don't know if you this picture [Music] is that an accurate that one there it's there for you. Yeah.

Is that accurate representation of your yard today? I mean the table. Yeah. Right. The table. Yes. The the way it is. But uh like what's the point of the question? I see lots of flat area. Yeah. I know. I understand.

Mhm. I I would invite you to come out to the property, take a look, you will see it. It it it requires regrading. It's not flat. These hills look a lot high like and when you're there because this is taken from the steps up, but if you're standing there, you will actually see the elevation. But for 80 square ft there's not there's that looks pretty if you go straight back between the double tree and the right all the all these hill all these here are burns are hills up up there but closer in

right and then they start sloping down right you get to here still everything is still on a slope all the way through here through here all it slopes down the entire property slopes down all the way the street from there but to carve out an 8x10 space that they're grading for doesn't I mean even if you were to tuck it along the tree line there maybe in an area that was not as steep of a slope doesn't seem like your question that big of a so deal again it would I'm not saying it would it cannot be done without regrading you'll have to regrade and this is what we're trying to avoid regrading or cutting any trees that was a flat piece of land you know

because because my question is is always going to All right, we have the ordinance. What's the intent of the ordinance? Right? What's the intent behind the shed ordinance? That's like this is one of the questions, right? Because if if the if because this doesn't impact the environment, it was put on there with the least uh minimum impact to anything around. We did not want to cut any trees. We didn't want to even move anything any greenery of some sort. We did not want to grade. So we kept the anything that's regarding to the environment we kept it to a minimal impact. So Mhm. And like uh for example you sometimes you have uh ordinances that protects the environment, protects the trees, protects right. So um you know our variance is focused also on that it you know if we look at the intention be behind the shared ordinance you know there is no impact on the environment at all.

Right. Okay. Thank you. Are there any questions from the board at this time? Then I'd like to open this for public discussion. Does anyone like to welcome please state your name and address for the record and state your comments. Uh before you speak, I'd like to state something very clear that you know regardless of how this board decides what goes on this meeting is over. We go back to our homes. We're still neighbors. So I encourage every be on a friendly polite basis whether you're for it or against it. I just like to be on a proper etiquette polite basis. Thank you. You're welcome. Make your presentation.

Mark Sheller. Um I live in the house next door 30175 Rosemont. Um I'm here in opposition of the ordinance. Um the shed placement uh in my opinion. Yes. You said you're here in opposition to the ordinance. Opposition to the deviation of the ordinance. My mistake. The variance. Yes. variance. Yes.

So, um couple just basic things. Um I believe the ordinance is there to protect the village as well as all of the residents in the village. Um and in this particular case, placing the shed on the sideyard I feel has a negative impact uh on our our family's property. Um based on its location, um it's very visible from our front yard, our driveway, from the street. Um in addition, it is very close to the the property line. Um, and that property line was staked before the construction actually took place of the shed. Uh, I believe the pad may have been there. Um, but there's a photo in the letter I submitted that clearly shows the stakes from the survey that was done um, with no shed in it. Um, so there was clear um, foresight as to where the property line was before the shed was actually put in place. Um, so it does encroach on the line. Um, and then in regards to the placement, uh, I do believe there's plenty of space in backyard. I think the ordinance was written very clearly and um very simply where 10 ft from the main structure and 10 ft from the property lines are essentially the only regulations and looking at the backyard there's plenty of spaces in my opinion that you could place that um immediately right off the patio could be a place may not be the most ideal place but I don't feel like placing the shed to negatively impact the neighbors is really the intent of the variance it's really meant to protect everybody in the village and so I guess I would request that um the board consider all the facts of the case and um deny the request um to grant a variance in this particular case.

Mr. Chair, Mark has submitted this. Yes. So, thank you. Just so you understand who which how this goes together. He submitted a written document. Yep. And pictures. Couple couple things. Can we go back to uh the previous picture? Oh, I'm so sorry. I'm still in public discussion. So, I'm sorry. Is there anyone else who'd like to speak in the please?

Hi everyone. Uh my name is Nasser Shama. Uh I'm an architect. I have been in the architecture and construction industry for 18 years. I have built so many houses. Uh I just want to touch on a few additional points that haven't been discussed yet. Um so we did talk about the u uh the different challenges of the site. U talked about the grading the trees uh the well and the positioning of the shed. Um I would like to highlight uh what the purpose of the shed is like where do why people place sheds in certain locations not other ones. Uh so accessibility is very important. You know when we place a shad on a site it needs to be accessible to certain points. So, uh, sometimes having it in the side yard might might make sense like closer to the garage or where the concrete pads exist. For example, if you're using snow removal equipment and so on and you want to store these in the shed or during winter times you want to access these, you know, accessibility is important. So, just want to, you know, direct the discussion also on towards another point which is what's the purpose of the shed, right? Is it just something we want to get out of sight or is it something functional that the residents will benefit from when storing stuff and using equipment? Right. And the other point um we talked about the backyard. Uh I have been there many times. I actually lived at this property for a for a certain period of time. Now I live in Bloomfield Hills. Um yes the the site might look flat but it's actually sloped and um closer to the trees in the back there are some hills. So as uh was indicated there's a change in elevation. Um but yeah the site overall is is sloped doesn't have a lot of flat areas. Um

so yeah just want to highlight these two points is the the the purpose of the shad. And then the second thing for the backyard, um, imagine if you have an open field where your kids play, where you can play soccer or football and so on and just place a shed right there which you can see all the time or it might impact the functionality of the backyard. Um, I think most of us would probably elect a location that's slightly out of sight, right? Even though you have a flat area, you might not place the shed there. if it would uh impact the overall uh functionality of the backyard. Thank you. Yeah. No worries. Thanks.

Does the board have any questions at this point? Yes, there is other

Oh, there's one other one. One other letter that was submitted the board to take a minute to read the Nicholas and Laura Pence letter. We're taking time now because these were not submitted in our packet but were presented to us at the meeting. the one we're referring to at the present moment and they're not in favor. Is the last sentence of the first page says for these reasons we respectfully ask that the board uphold the ordinance and deny the request. You could read through the rest of it is why they requested that. But the bottom line is that this is from Nicholas and Laura Pence.

Okay. clerk to make sure this is entered into the record that we have received this. So, we have two uh written letters from close by residents not in favor of granting the ordinance of other variance rather that being noted open to discussion among the board. Wait, I think we have another. Do we have another? Yes.

My name's Ryan. I'm a neighbor. Address is 30405 Roseman Drive. I just had a couple questions. Um, when you installed the patio, did you have that piece of property graded for the patio? The question should be addressed to the chairperson. Oh, got it. Okay. So your last name for the record. Cite my assumptions. I would assume um that when the patio was installed, there was also grading required. Um would we also would we assume that possibly be accurate? The patio or pad under

the patio in the backyard that was attached to the home. I would assume that when the patio was installed, there was grading work that was done to acquire that addition to the property. Right. My next question was, how large is the property? What's the We didn't have a packet when we walked in. We got here a little bit late. It's three acres. Is that right? No, two. It's two acres, correct? Two acres with with an adjacent, but we're saying that the adjacent acre is not. So, it's two acres. Okay. And the rest of the questions were directed towards the other home. So, I'm okay. We'll leave it at that.

Is he a favor? Excuse me. You need to ask that question. It's not relevant. The question is not relevant from my standpoint. He lives on the street. That's why I was wondering. No, no, no. As far as the grading, as far as the patio grading, that's okay. Right. Can I ask the appellent question again? What? Can I ask the appellent another question or not? Sure, you may. I have a question. If this was put in the backyard, is it also just because of the grading or you just don't want to see the building where you could plant something around it to hide

a a grading? A grading like like my brother was mentioning it. It it it's all mainly grading cuz we did not want to regrade anywhere, right? This was already graded from the time when we started the construction. If you see the slab was already there even before the survey. The slab is right there. It's already there. Okay. Is that is that the mining survey or was that the So so you know there was a statement that uh you know the the shed wasn't there uh before the survey but the slab was okay. So the slab was there way before the survey. I almost uh

days before the survey. But did you then just assume that that was placed within the ordinance or did you further investigate before putting the shot up to make sure you were with No, we we thought we were within the ordinance. So what we did uh like we just looked at it and like all right, we're we're far we're far from the property line. So we didn't think this was going to be a problem. So the slab was already existing. Yes. Wow. Was there an existing building on that at one time? No. But but if there was only a twoft change in what we saw, wouldn't it be I mean and that's a very small structure. Yeah. It doesn't cover very many square feet. Yeah. Wouldn't it be very easy just to

not take take 12 in or whatever, remove 12 inches and have it be flat?

So here here's my understanding and our thought process that the county frown upon regrading and um and cutting trees like they're frowned upon. They're against it. It's my understanding that the county really really against that and because we're like you know we don't want to change the environment. We don't want to have any impact in any way sort of form. Uh the uh the other thing as well if if visibility is a problem because from the street depend on where you look from it you can't see it from the street. We're always happy to to just like cover it you know cover it completely make it unvisible. We can put arboritaries we can put trees. Uh again um there's all these are varieties uh in the backyard of uh of the neighbor. There are trees over there so they can't see it. Uh the the letter where the neighbors live. You cannot see it from there. You cannot see it from their property. But if if visibility is an issue and the neighbors uh are not happy about it because they see it from a certain angle which I struggle to see from where more than happy to add like uh arbit around make it not visible at all and we can do that very soon. But you're talking an 80 square foot cut into a hill and you would not be removing any trees.

Yeah. I will have to regrate. Correct. Well, I'll have to regrate though. Yeah, but you'd only be taking an 80 foot cut. 80 square foot. Yes. Out of a side of a hill, which in that area does not look like it would be more than maybe 10 to 12 inches of soil. Any Yeah. You're not going very deep, right? You you you actually you actually are you you have you have to place a shed to place the shed or to regrade an area you'll have to regrade the whole surrounding area because you're going to impact the water flow the waterway is that so how wide of an area is that be true

yeah what not no offense to what you're saying but the information you submitted and what we have on record isn't justifying what you're saying and if you give me a And then I'll show you my Thank you.

Can you put that back up? Yeah. This is where the shed is when it's done moving around. It's up here now. Okay. This is where the shed is. As I as I had mentioned earlier, every one of these dash lines is a changing parade. And if you follow these lines around, this line comes to here and this line comes around to here. And to move this in the backyard, it's only going to go from there to there within this same area. So the maximum, the actual maximum he would have to grade is 2 feet. But I doubt that even because typically between these lines is a two foot rise in elevation. So half the distance here it would be one foot to get it back to here to move it from there to there.

And that's the way these braid lines are shown from the original breaking plan. So we're talking you would have to regrade this and maybe slope it away from the building a little bit. Thank you. I have a question. Just looking at the aerial images that we saw earlier. This this area isn't clear, right? It's full of trees right now. Yeah. You're because the trees are on the plan. Look at all those dots. Those are all marked trees. You could move it over to that area and be away from the tree. Yeah. I think this this area here is pretty dense. It's got to be 10 ft away to start with, but

with vegetation. So, you're right. It can be placed here. It needs to be 10 ft away. Probably probably somewhere from that dark line. The dash line is the the setback, right? The hash line is a setback for a main structure, not a accessory. He could put it in that area right in there. Oh jeez. Be 10 foot away. And I my guess is the most he would have to grade is a foot. And actually he cut in the hill 6 in and took that six and put it over here and add it to six. Now he's got a flat spot. It's basically a 10 x 10. 8 by 10. Well, I'm just saying a little overhead.

Well, okay. 10 x 10 to give it some grapes, I guess. Any other questions from the board? Any other questions among the board? Are you ready to move on to finding effects? He wants to say something. Okay. Briefly.

Just to show an example, right? I spoke earlier there are in in my neighborhood many of the sheds are for example here if you look this is the adjacent property 30175 right we're looking we're looking at your shed and your property correct correct please let me finish please some sheds and some buildings in this village pre-exist the current ordinance therefore they are grandfathered in that's why I cannot look at other examples without knowing when they were done and if there was any variance granted to them. There are a lot of buildings and a lot of sheds in this village that are that predate the orders.

I I'm I'm with you and they they predate father time in some cases. But I'm not speaking against it. I'm actually using it as an example of like the the reason that it's there is because if they were to try and move it elsewhere, they'll have to regrate or cut trees. So, it's a similar situation. So, a question. Yes. Why do you think your neighbor is opposed to where it is if it's not unsightly?

Um, my neighbor and I, we did have some uh um issues in regards to something else, some property line dispute which triggered my neighbor to place a complaint on. This has nothing to do with that. This lab was there for many years. My neighbor knew that there was a shed that was going to go there many times. Right. He says that he can from his viewpoint his property if he can see the shed and more than happy to put a hedge of arborities around. He will not be able to see it. I'll make sure that the whole thing is not visible from where he is.

So u that can be easily done. If if visibility is an issue, I'm more than happy to address that situation right away. already beyond you're already 6 in closer to his property than you're supposed to be. If you were to put plantings that would take you that would block the view from him, it would take you even closer to it can be like right within a foot and I think I believe you're allowed to to plant up to 3 ft, right, Bill? So like if we were to like for example uh cover uh around the shed uh with the hedges of arbor varieties I think for the the ordinance for planting things you can plant things within 3 ft from a property line.

There is no ordinance relevant to residential properties and vegetation. All right. So that that won't violate any ordinance and I believe that will resolve the visibility issue if they're you know happy. Thank you. Of course. Thank you. Thank you for listening. Thank you for giving me a time.

At this point, I'd like to ask for finding of facts or any just first any discussion among the board of what you'd like to talk about regarding this property and this request for variance.

There being none, I'd like to I'd like to follow Bill's suggestion of looking at the taking the request in two parts. First being the sideyard location because if we grant a variance there, if we don't grant a variance there, there's no point in looking at the property line. Okay. So, I'd like to address the finding of facts first of all concerning the sideyard. Um, some of the facts I've listed is that it's a 2.7 acres parcel zoned in RL. Uh the building is 80 square ft 8x10. It is currently in the sideyard. Uh there is over one quarter of the property available in the backyard. The whole site I didn't figure out exactly but I know it's at least one quarter of the total parcel is in the backyard. Um and that another finding of fact is there are areas in the backyard uh that would be available for this type of structure. I think another finding fact is that moving it would not necessarily involve grading if a platform was constructed instead to accommodate the variance in height.

Well, let me bring up this point. When we talk about variances and hardships, I don't see a hardship on this one whatsoever. uh and monetary things are not considered a hardship uh for purposes of granting or not granting a variance. Uh it's a simple fact that we don't h not have a great deal of level land in this village and that's what a lot of people like and we have ordinance to protect what we have and not to have things in the ordinance says not in the sideyard and there is plenty of availability in the backyard to accommodate that. So, any other finding facts we can come up with and help us make a decision?

Do we need a finding of fact that the the building is in the sideyard? That's a binding fact. You already stated that. Already stated that. How about the Do we have two letters of uh opposition? Yes, that's correct. U do you feel we have enough information from the finding of facts in which to make a decision? All in heard of these finding of facts say I. I opposed.