Planning Commission - Regular Meeting

have to excuse my voice.

Call this meeting I'll call this meeting to order. Uh since we have a quorum here, if you'd state your name for the record from my left to my right. Martin Zeo, [snorts] Lyndon Novak, Randy Breman, Brian Brockoff, John Simon. We have a quorum [clears throat] call meeting in order. First first order of business adoption agenda. I move we accept the agenda. Second. Move and second. All in favor? I

opposed. Motion passes. Let me state for the record the purpose of the zoning board of appeals is to review and make a ruling on the uh a request for the applicant that was that they wanted to do something. It was turned down by the building official because it didn't it didn't meet our our ordinances. Uh this is a qua judicial body and as such we will go through a number of proceedings. First will be the presentation by the building official of what the requested what the applicant requested and why it was denied. The second part will be a presentation by the applicant or absence representatives of what they want to do and why and why they feel they should be granted variance. The third part will be open for public discussion and public comments. After that part is closed, the zoning board itself will have questions for either the building official or the applicant. We may do that during their session as well. And after that, we'll we'll go into what's called finding of facts on which we'll base our decision and we do a finding of facts and lists those and that that is what we base our our decision on. Following that we will have motions to approve or deny and a vote on the on the proceedings. That being said, turn over to built in our building official for introducing

you want to do your what about decision. Oh, basically decision of the zoning board uh is final with the exception that if the applicant disagrees with the zoning board, they have 30 days after the after the decision to appeal in circuit court. After 30 days is gone, the decision stands. That being said, turn over to Bill.

Thank you, Mr. Chair. the zoning group of appeals case number 25-00006 for the property located at 30542 Hickory Lane zone R1 and the request is for an inground pool which what I believe you found in your information for this evening was a little different than usual and that I gave you a bit of a status for this property. Um the existent house is currently being or in the process of being remodeled and with an addition on it. The house is on a large parcel of land. The large parcel actually consists of four separate lots but right now it incorporates all of this property which I believe has roughly 12 acres. Um but these are separate lots. They are not all combined at this point in time. So, uh, with that, uh, the current in brown pool is actually in a state of disrepair to the point that it cannot be repaired. The applicant came

where is what lot is that property on itself then? Can you just pardon me? Which parcel of the whole area? It's just the north from there up here. And the nice color blue is the actual pool where they want to have it. This is made bigger down than this picture. So it might even be easier [clears throat] to define because these are the property lines for that particular piece. Thank you.

Even though they own the whole rest of it. So the uh pool company had applied for a permit and I had denied it just as a little background information. I got a hold of them and I said, you know, this pool currently is a nonconforming structure. Pools are accessory structures. Accessory structures by the ordinance can only be in the rear yard. So I said unless I mean if you don't want to apply for a variance and you might want to really consider rebuilding the pool that's there because there is currently a pool in that same footprint. Uh they left, they came back and they said, "We can't. This pool is so old. The pipes are disintegrated. Uh most of them, half of them are under the pool or around the pool. We just we can't get to it to fix it. So that's why they're here this evening is uh to have the pool. They really need to remove it and put a new one in." And I said, "Well, that's a violation of the ordinance." And that ordinance number 1268.13B does not allow for accessory structure to indicated uh where the current pool is and in a sideyard. Um by the way just for background information also ordinance 1250.04 parent G [clears throat] includes swimming pools as accessory structures. So you know the pool is counted as an accessory structure. Could you show why it's the sideyard? Can you

Yeah, I I was going to get to that. Um, so in that it's only allowed to be in the rear yard. It's in violation now to what you're asking here, John, is the definition of a front yard is from the building to the street. The definition of a rear yard is from the building to the rear property line. The rear property line is the line most parallel to the front property line and furthest away. So this becomes the rear. This becomes the front. That makes what's left aside and a side. So to be the ordinance and I I had this discussion with the applicant. The only place that pool can go is here. But that is a real practical difficulty. I I I'm not trying to plead your case. I'm going to let them do there on our own. But I kind of help them there, didn't I, a little bit? Um the way this floor plan is laid out, this part of the building is all bedrooms. This part of the building is all living area and the only place they access any of the yards is here, here, and there. So, there's virtually no access to the rear yard area. So, you know, the logical place I think [clears throat] is to put it, but again, it's in violation of the

But where is front entry to the house? because I want S. I'll show you. I'll tell you where it is. The property. Yes. But it doesn't matter by the ordinance because the ordinance doesn't say the front door has to face the front. Well, but what has been the front orientation of the house and isn't what it's always been is here. That's what I thought.

Yeah. So, what you have is a house that was built on this property where the orientation doesn't really align itself with what the ordinance defines as a front being a front. Just as a side note, years ago, I found this out the hard way. I violated somebody for doing something in a lot that was on a corner. Even if it's on a corner, the front door does not have to face the front property. So there it is. This front faces the side.

This is the front yard by definition. So therefore that are sides and this is the back. So that's why they're here anyway. They just it doesn't meet the definitions within the yard. So uh an accessory building should be located etc when strictly attached to the main building. Obviously, you can't attach a pool to the main building. That's impossible to do. So, the above pool is currently and is requested to be placed in a side yard. Any questions? How long has this been in there?

Um, since before I got here. And I've been here 23 years. So, um, that house I don't know when it was actually built, but it is pretty old. It predates the ordinance. I'm not sure if it does, but it's got to be darn close or even if it was is old enough that nobody paid any attention to it. There's a few around town that are that way. Are there any neighbors that objected to them rebuilding that?

At this point in time, we have gotten no written uh indication of anybody. So, I don't know if there in the audience or not, but we have gotten little written response is where does the required attractive nuisance fencing issue come in on all this? You mean the fence that's running the whole length of the front of that property? Well, is there right now the required fencing around that pool?

There's an existing non-conforming fence that the owner the owner, the builder, and everybody I've ever talked to, I told them, if you want that fence, you better not touch it because if you knock it over, it's gone. That fence does not meet the ordinance. Well, right. Yeah. three different where where's the neighbor's property compared to my neighbor's here? Okay. The other neighbor is this way is way down here.

But what about with regard to the pool? Is is there any neighbor that see the pool or would you just across the street? They may if in fact the fence ever goes away. Um but you you can [clears throat] apply conditions if you do decide to grant right an approval because the fence right now is a zero opacity solid that's a privacy which isn't allowed in the front yard to start with right so yeah

so I mean that that's a question if if there's a new pool will that then enact different fencing requirements as part part of it and should that be a part of pool there's an existing pool but if the variances for replacing that pool will that then have not not the big tall one in the front but does it have a separate fence

okay so there's two issues going on here if if in fact they do offense fences are allowed in the sideyard so they could put a fence and be at least 50 ft away from the street and has to be behind this particular line which I think they could accomplish. But the other part of that is is the state law changed a while back where pools if they have a ASM 1346 I think is that the number I think that's the number for the approved um cover power safety cover fence is not required. Really? Okay. Wow. Yeah.

So, the whole attractive nuisance thing is out the window kind of. Cool. Okay. The state changed. I I'm just telling you what it says. I don't agree with it either, but you know, there it is. Okay. So, yeah, but as far as any neighbors around, uh, there is no immediate. And one of the reasons for having that sideard be off limits is to prevent the the proximity to the neighbor. I would assume originally

um I've heard a term uncongested spaciousness uh a term of making sure you have area between your house and the next one over which really really doesn't occur here. Setbacks are are pretty much that for a reason. you know, open space. Thank you. It's It's a really unusual piece of property with a lot of really unusual things going on on it. Um, including the whole guest house. Mhm. So, well, that received a few years ago. Okay. Enough. Okay. So,

that was before my team isn't on tonight's table. Got it. Just a pool. So that had to for them to be able to put it in now per ordinance that that would have to be attached to the house some way. To do a pool, but it would have to be back here. A pool is defined as an accessory structure. Okay. Any other questions? I'll be more happy. Thank you. Thank you. Is the applicant here or someone representing the applicant? State your name for the record. And

good evening. My name is Mark Tapper. My address will eventually be 30542 Hickory Lane. Um, first of all, thank you for taking the opportunity to meet with us tonight and my uh colleagues or associates that are helping me uh with this. Um, my family and I are very much excited to being a part of the Village of Franklin community. uh my uh wife and uh two young children are optimistic or hopeful that we can figure out this pool situation because you know that was probably the thing that children were most excited about when we purchased uh the property. Um, as I as as Bill mentioned before, um, you know, the orientation of the house and, you know, because it was a remod, it just it sits perpendicular to the street and as uh, Miss Novak asked, you know, it is directly, if you belined from the front door to our backyard, that is where the pool uh, is. And so, uh, the pool was originally built, we believe, pre-1970. And so for obvious reasons, as the pool uh contractor mentioned, we um uh it's just the pool's not good. I was not anticipating building a new pool. I thought we were going to be able to rehab it and, you know, follow ordinance. Uh economically, I wish that was the case to be honest with you. Um and so, uh but we're here now because this is what the situation is. Then also one other comment which I don't think it shows on here but it's part of our uh um expansion and remodel. There is a part of the connected house that does block the does block the pool and is kind of in is in between the uh the road the fence and so there isn't any you know direct access.

Uh sorry go ahead. Go ahead. Oh, yeah. Yeah, go ahead and finish. And then Oh, sure. So, just this as you can see here, this this structure right here which is connected to the home um blocks the pool basically from the street or anything. Is that the currently like a pool house cabana or Yeah, it's like a cabana that's connected to the house that has a restroom basically facility in it. That's the build the building 10:00 in the pool. Correct. Okay.

That was that was made to be structurally attached to the house. So it wasn't access was not an accessory structure and it does meet the front setback. Are is it okay to ask questions now? Sure. Where is your well located on the property? And are you on introduce yourself, please? My name is Caitlyn Faria for the record. Um, I'm a landscape architect. I'm representing the Tappers. This is my colleague Josh Watson with Stonley Construction. He's a landscape contractor.

Yeah. The well is located roughly about here on the property. And And are you on SE or are you on the grinder pump system? On the grinder pump system. You are. Okay. So, Septic fields are not coming into play. No, the grinder pump I believe is located uh this corn and I believe we just replaced both and I think if I'm not mistaken, Bill, we had a second one in for the county or something like that. Yeah, the expansion created a too much demand on the existing. I think we had to put a second one in.

I have a couple diagrams. I don't know if they were in their packets, but can I walk around? No, I don't know if it got in their packet or not.

So, I just want to show just so it's a little easier so you can understand where the compliant location would be just for reference. So, this is considered front yard like Bill said. This is all sideyard and then this would be a rear yard. So we have that existing forest edge here and then also all the utilities coming in this corner. So and as Bill had also mentioned all the egress all the bedrooms are at this east side of the home. All the egress is concentrated more towards the main part of the home. So putting a pool over here would just be impractical for also like visibility reasons. It's too far from where you

well it's the main living area. You know if they're trying to keep an eye on the kids it's just not practical. and also with the woodland. So you have some gradient situation you have to take down trees to put there. Um just from like a practicality standpoint but also like a sight standpoint. It just doesn't make sense. Um I just wanted to note the egress locations so you guys can see those. That's the front door as Bill mentioned. Then there's um sliding doors here off kind of that main living area. Then there's another egress door here. But even from this closest point to that pool location I showed you, it's about 76 ft. So right now the current pool is 26 feet. So it's much it's much easier obviously for visibility and also for access for the pool.

Is the new pool what's pictured on the diagram is that the proposed pool or the current pool? That's the current pool. That's the current. What What is is it the new pool the same size? Yeah, it would be uh same same size, same location. Yep. Same location. The only difference would be they're going to that so it can accommodate that safety auto cover that they'll mention. You can't do that with the current. There's a little LF there's a little L offshoot. Yeah. Stairs come out. So from a square footage perspective, it's actually it's a little smaller than the current. Yeah. So it' be a safety cover, but nothing would be bigger like towards the street front essentially to the west.

So since you are going to put that cover on it, you are you going to get rid of the fence out front? It was not our intention to get rid of the fence out front. You know, and another huge reason really when um we let pools look that that the existing condition of this pool. The big thing is it does hasn't doesn't have a main drain that has the anti-entrament. So that I think was required in every pool since 2010. Yep.

So that's like an international building code. Um So this this pool is non-compliant with that also with bonding. So that prevents electrocution. So that pool doesn't have proper bonding. So it's and also like structurally from like a a shell perspective um it has failures in the concrete and I think it was block like it was it was not gunning like a traditional gun tool would be today. So there's a a slew of reasons why removing and replacing is just the safest option. Any question?

Are you asking for discussion or questions? Questions. Question. My only question is it's it's it's concurrent with the remodel but has nothing to do with the remodeling that you're doing. Bill, is that correct? This is a separate thing from the remodel. Separate permit, right? Separate permit, separate action. So, if you didn't do the remodel, you'd still be doing the have to do the pool for the safety and security. Safety and Right. Okay. I just didn't know if somehow they were linked together. I couldn't fathom. One did not predicate the other. Okay.

I guess, you know, I get it. I drove by it. I drove in. I drove in the driveway today. So, I mean, I I get it. I see what you're dealing with. I I guess my biggest issue is that whole fence thing because right now you can't even see the pool in the sideyard, but you've got the privacy fence next to the chain link fence next to the vinyl coated chain link fence. And if you were to decide to take that down, that would change everything as far as visibility from the road. So, I I guess my concern would be and and obviously this is not something that we could dictate and I would imagine this is something you would want as well, but

what are you planning as far as natural vegetation? Can I preempt you or quick? You sure? I You and I are 100% in alignment on the same page. We are How many trees are we planting? Uh 85 trees to to go down that property past. Okay. So on this on this map, can you show me where because it's a big property. So that's your driveway. Yes. This is the current It runs all the way down. So from the driveway all the way down, we're planting trees planted.

You said 85. You didn't say 8 or five, right? 85 10 to 12t spruces between the fence and the home. So inside the fence, are they staggered? So yeah, they'll be staggered. Staggered and natural, but it will create, you know, the fence wasn't there. So So were the fence to come down at some fell off or something disappear. Okay. What's What's the road that runs?

And I This is probably not of the uh intention of this meeting, but uh the previous homeowner who purchased the uh property from there were there were there were trees lined uh and then he took them all out and stuff like that. So, we are actually trying to restore the original integrity of the property. That's very important to my wife and I to, you know, bring it back to how it was. Um, I'm sure, as you can imagine, you know, 85 trees is not the uh most inexpensive thing in the world, but um so it it may take six or eight months for us to to do it, but it is our full intention in terms of our whole landscaping plan to to do that. Yeah, it definitely enhances the property.

Yeah, for sure. And I think the property, the community, I think it's the right thing to do. I was disappointed when I saw, you know, previous photos of what it was versus what it is. Do you have any idea why he would have taken those out? Um,

I don't want to be [laughter] on record saying this exact. Okay. Okay. He was, first of all, he was a uh an amateur uh green thumb horticulturalist. He had a vision for the property that he was going to make some like type of Japanese zen garden thing going on. In addition to that though, like I don't think he um really appreciated um the uh what the expectations of the community or the because like he put this very inexpensive black chain link fence in like again as a homeowner and someone that takes great pride in the property that he's you know assembling like I would never have you know done that to me it looks inexpensive and it's not in uh you know connection with the community so or you know of of the standards of the roads. So he was just kind of person in my from my interactions with very nice man but he just kind of did things his you know his his own way.

Didn't call this the sport court or tennis court. The chain no the chain link the black chain l it goes around the tennis court. It goes all the way down. Oh okay. Well it's allowed to go around the tennis court. Otherwise the chain link is prohibited. This is in line with the Sorry. Sorry. There there's there's chain link around the tennis court. Then there's chain link down. You can do that with help of a permit. Then not allowed. Okay. [cough] Let's get back to the because defense question is really not relevant right now. Um except

it may have relevancy to what you were bringing what Linda was bringing up in that if something happens to it, it can't be replaced. That's right. And then right now the pool is a non-issue because it's behind the sixt privacy fence and besides us nobody else knows about it. But if that fence comes down were to be knocked over by raging deer in the middle of the night, which could happen. Um then you got a whole different ball game. You got a pool that's a few feet from the road.

Mr. No, I would just The only thing I would argue is that would be your view. If the fence got knocked down, it would be of that it would be of that roof structure. would not be able pass as a straight on view. You're right. But going down Hickory. Yeah. I'm sorry. As a straight on view. Yes. Yes. From the Yes. It's hard to gauge driving by. Okay. So it's really covering the And this is all going to become part of the house. It is already. It is already attached to the house. It is an attached correct heated part of the house.

Correct. It's connected. And then all the screening is going in here like Bill said staggered. So you're going to have kind of a twole buffer between the street and the pool at that point. Great. And the fence is your intent is to keep the fence as it's I don't want to I don't want to break anything. I don't want to touch anything like just going to plant next to it just to you know as I said create the original integrity of the property. So even if there was a stampede that wouldn't be a problem but if it does there's other there's other pools in Franklin that you can see from the street. So it's yeah I'm just asking the questions. Okay.

Anything else on the board? Is this pool going to be gunnite fiberglass? What's its new composition? So, the traditional gunite going to be it's going to be a grade level. It's not going to be raised or

not at grade with an auto cover with a safety cover. Any questions? Thank you. This at this point, I'd like to open to public comments if there are any. Uh we did receive one letter. Uh but it was sent to what was it was sent to a mailbox that wasn't active uh from Nina Dunning acknowledging that she was in favor of it and I'd like to have that entered into the minutes. She is she in the area? Does she live in the area?

I looked it up. She's Bruce is the street on the right side of the large. I don't know why I don't. So, she's northern Canada of the property here. Oh, so this is subject property. She's this house here, which is right where the here. So, she's here next. So it really doesn't affect pretty far Mr. Chair. Yes. Was that letter in opposition or in favor? I didn't It's in favor. Is it in favor? Yeah. Yeah. Okay. And then I'm not sure the people here heard that a public comment time was

I'm sorry. I'm not sure they heard you. Yes. Public comment. Public comment right now. If you have any comments, it's open for public discussion. There's something comfort orientation where the letter is from Charlene McNeel live on Pawns View Drive. I asked the question what was going to be the size of the pool and the depth. So that's what I just asked the young man. And was it going to be level to the ground?

Uh, could you excuse you need to answer the board to her question, not just privately. Yeah, we need to know what the answer was publicly. We need to address the questions to the board. Yes. I'm so sorry. owner asked a question about the pool um the size and also the depth of it the new gunite pool and um Josh had advised that the size is 23x 43 of the existing pool and the depth was three and a half three and a half to 5 1/2 ft deep. Apologies for the sidebar. Thank you. Of course.

So, the only changing on the pool at this point is taking that little L off the back side. Okay. If there's no further discussion, should we go into finding a facts on this particular item? Well, is there any disc? We usually went around for discussion. Yeah. You have any comments, please?

Yeah. So, yeah, I mean I I see this the way I look at it is this is to me a no-brainer. I mean, it doesn't disturb anybody. If anybody had had a similar situation as his house, I would think it would be okay. I mean, if we had to change we changed the rules because of his house, I don't see that it would affect any other houses in similar houses in that situation. I think that it's um you know, I think that it's fine. I don't see I don't see a problem. [snorts] I have a question.

Yeah. is this is just kind of a question of procedure. If we were to vote to pass this, would it be possible to add any kind of a condition that regarding the landscaping that 85 trees must be planted along the road? You have three criteria on a decision. You can deny the request, you can accept the request as presented, or you can approve the request with conditions. Right. But is is landscaping a condition that we can put on?

When you make it a condition, it becomes a condition. Thank you. Okay. Now, the the applicant has already indicated that's what they want to do, right? Um, we don't have an actual

drawing to say this is what it's going to be, but we have words that will be x amount of trees will be planted. Um, and how they're going to be as grouped as natural as possible through the landscape architect. Um, you could take that and you could do two things with it. You could require them to come back with a land well a couple of things. You could require them to come back with a landscape plan or you could uh approve it with the condition that that landscaping will actually screen the pool area from any view of the public way or um just take it take them for their word. However,

well, I just think that it would save them in the future if that were to be done now. Yeah. prophylactically, so to speak. It would save them in the future were the herd of obviously they're not going to be done right now because they're still under construction. They got but before the pool would ever get a final approval, right? Okay. That would have to be in place. Surrounding neighbors have all been given notice that this thousand feet around the whole Nobody seems to have a problem. There's hardly anybody there. That is all we received the other side of the street.

Are you going to plant along this? I don't know how to explain it. The bottom edge. No, that's a whole another piece of property beyond that. Mark, they own all the way down here. Okay. But but they're saying from here on down there'll be Okay. So, you won't be able to see it if you came up. Yeah. Even if you come up this way. Well, of an angle you get to it, the less you're going to see of it because once you get in line with a bunch of trees, you can't see. It's that would be more of a straight on type, which most of that is being blocked by the addition of the pool house attached to.

Okay. So, um I believe that it will be they're going to plant that many trees. I kind of think that's all the way down. But there, this neighbor here is way down. Yeah. Matter of fact, they have an accessory building here that actually would block part of it also. Yeah. Well, there's that whole guest house in there. That's what this is. And the tennis I mean, if my eyes were that good that from that far south I could be disturbed at seeing a pool, I would be grateful. So, [laughter] where's the tennis court? It's south. Yeah.

Sure. So, this was a 3D rendering from Pickery Lane. That is that's what you're going to see from this. Okay. So, that's your landscape rendering. Yes. Get the doubt disease resistant resistant trees. resistant and deer resistant. There's no power. So there's no power lines in there where that they would be trimming them back either, right? No, the power comes from the rear of the property lot. Okay. Any further discussion?

That being said, sir, move on to finding of facts in which we will base a decision. existing pool structure there. It's going to go into the same framework. Replacing a pre-existing legally non-conforming structure pool. [clears throat] Um, house orientation is is creates a challenge for locating a pool in alternate locations, right? Well,

um homeowner is proposing an installation of 85 evergreen trees along the road lane.

Um I would say it's a a large rectangular lot. However, the largest portion of the area is borders on Hickory Lane. And when the original house was built, uh it was not set with a front yard on Hickory Lane orientation, it was set, uh with a side on Hickory Bet Lane with the intent of making it using part of property has a huge backyard. And the addition that They're putting on actually covers a portion of the pool. You can't Is that right? Screening.

Yeah. Screen screens the pool. But what what I was getting to was it was not the orientation of the house itself has not changed. What has not changed? No, the orientation of the house hasn't changed. And the way the house is, uh, our legal definition of backyard would put it in the residential area, in the bedroom area. Well, and with no with no access and putting it in putting it in the the legal that's the right word bill the designated backyard area would require removing trees.

Can you put in that uh owner is uh proposing a safety cover on the pool. It's required by they now it's The ISPSC 2015 requires it. Oh, we even with no fence, right? Um either fence or cover. I think a key point we need to put in here is that the problem is is not self-created that it was pre-existing. It was there a pre-existing problem and this an attempt to solve the problem. Okay.

And by the way, how far is the pool from the street? More than 50 ft. Yeah. Other than that, I don't care. But [laughter] I mean, it meets the ordinance. That's 52. So, it's probably This is probably 75ish. The closest point is roughly 75 ft by eyeball. My eyeball calibrated. Yep.

Pretty good, huh? Paid good money for these eyeballs. Um um we do have a letter of support from the neighbor. There are no no no objections

no objections to from any neighbors. Is it should it be noted that they're the enhancements they're making are really I mean it's enhances the property value. It's not disturbing the property value. The trees the added trees are as a result of the of the project will enhance the environment. Sure. Anything else? Well, that's a fine fact but it is a door. Any other comments or additions?

No facts in which today's decision that I move to accept this finding facts decision. Okay. Um motion to accept finding facts. Second. Second. All in favor? I opposed. Based on the above finding of facts, I will entertain a motion. Okay. Motion to approve zoning board of appeals case number 25-006

based on the above finding facts based on the above finding facts. Do you need me to with the condition recite? Thank you, Jill. With a condition of 85 trees being planted ever I and I would say evergreen trees along the uh Hickory Lane side of the property between the road. What are you doing? Between the road and the pool. Sorry, we're on the west side of the property. Thank you. Microphone. Okay. Can't take you anywhere. I know.

By the way, if I just should the finding of facts be stated that there was no objections to the sur. It's already in there. Um. Yeah. Yeah. I would like that condition on there. I don't think within the next 12 months. No, it'll be done as a condition that would have to be done before I could finally before finalized. Yeah. It's part of the pool. Is that reasonable? Yeah. Could we call it sufficient evergreen screening instead of an exact quantity of trees or at least

um I wouldn't necessarily recommend that without having a site plan defining where and what's going to be there. I mean the number was mentioned to us. We didn't give a number. Okay. So let's go to the number. Well, let's go with a minimum of 85. 85. Minimum of 80. I mean, you guys, Bill, you've got the experience. I'm going to defer to you on this. I that that's what they proposed. Okay. And if they want to do something different than that, they they have to make a request to come back and do something different. Um, you don't object to them.

I mean, they can plant as many as they want. If they plan 100, that's cool. Not going to stop them, but they got to do at least what what was presented. I mean, do you do you have some other number that you're proposing? That's what we've proposed and we've cited them on a landscape plan, but we haven't gone to dig and plant them. If we ended up with 84 due to existing roots in the ground, I was just, you know, okay, between 84 and 85. [laughter] Somebody who excavates and plants trees. Understood. You know, and you don't know exactly what size you're going to get or anything or or big chunk of ledge.

We have a we have a plan right now, but plans and you know, reality are two different things when we start digging in the ground. And so is what is appropriate vegetation for screening, if you get what I mean. Everybody's got a different idea what that is. So I I would hate to say that you would take that because it's not real defined and it leaves it up to subjectivity where at least 85 trees, you know, you got a certain amount. I tell you what, I I am a negotiator by nature and by career. Why don't we say between 80 and 85 trees and give us a little bit of room?

That's a good That's a good number. I would first go then if I can suggest we do specify 80 and if they put more in great they can put 87 they could put 180 I don't care okay okay you got five reasonable okay yeah please don't I'm counting [laughter] typically she will zoning boards don't negotiate with the applicants but okay Linda yes typically zoning boards don't negotiate with the applicants. But in this case, I think it makes some sense. Okay. Um, so your condition is going to be that they plant 80 trees. A minimum of 80 trees.

Okay. Okay. 79. We see you again. Don't you start. [laughter] We have a motion floor. Do we have a second? Second. Have a second. All in favor? I opposed. Motion passes. Build your pool. You don't need to dig a pole. Then you get the old crap out. Get the back ho. Start moving dirt. All right. Wait. We're not done yet. Call me. Okay.

I'll be in tomorrow morning. Call me. I move I move that we accept the minutes from the previous meeting. Second move and a second. All in favor. Did you approve the meeting dates for the 2020? Oh, is that something we need to approve? What else is on? Oh, Bill says we need to approve the meeting dates for 2026. Yes. So, I move we we accept the meeting dates. Well, hold on, hold on, hold on. Because um Oh, this is for 26. Okay. Yes. I move we accept the meeting dates for 2026 as per the the documented uh calendar. Second.

All in favor? All in favor? I um nobody when is the dead? You said there is no December meeting. There is nothing on the agenda and if they applied now they wouldn't we wouldn't have enough time to process. Okay. And what what is I asked Evan this last night. What is the latest date that somebody had filed for the January meeting? Um I think it's the second week in December, but we already have them on a calendar out there. If you need to know that specifically, would you mind calling Jenna on Monday? She'll tell you exact.

Okay. But we need backing up from the meeting date. We need to advertise 15 days ahead. We need to mail out a th00and feet to everybody. We got to put it in the paper. I've actually got to have and deny it. So I need a week or so to do that. So it's at least three weeks and sometimes four. I move we adjourn the meeting. All in favor's over. This it wasn't part of the well what you