Zoning Board of Appeals - Regular Meeting

Uh good evening everybody. U this is uh the uh April 27th meeting. 26 April 27 26 meeting of the city of Portland zoning hearing board meeting to order. Nepens. Do I need to ask for a second? I just call to order. Yeah, I think I just called. Okay, I'm sorry. It's been a while since we've done that. So, calling meeting order at precisely 5:34. First agenda item tonight is uh a area variance request 10711 Main Street. I hope I'm pronounced that right. Operator Nus Hot Chicken. Am I pronouncing that right? Sorry.

N Hot Chicken. Nus. Okay. Yeah. uh seeks an area variance for a 2x10 ft sign on the building wall facing Main Street exceeding the square footage permit in the central business district. The sign was approved by the historic commission and is subject to minor improvement plan review and approve. Good evening, sir. Good evening. Good evening. Uh is there anything else you'd like to other than what's been presented to us? Uh we just had you know anything else to present on this? Uh sure. Uh there's nothing else that I want to present just that the sign the wording is very we have a very large name. That's the reason why we did requested a variance

because it would be hard to fit the sign with with all the right and and it's all going to be contained on the window pane. Correct. It's not window pane. It's above. See, but it fits the window. It fits within the window. Ah, right. Right. Yeah. Was that Was that facade there that that extra? No, they fixed it all when they redid the key. Yeah. Yeah.

Okay. Okay. So, that's how that will be and this has gone through the historic commission already. So, uh, they've looked at it and approved any color variations and they've told you anything that you need to do, uh, to comply with their specific requirements. Yes. And we presented it to them and and we got their their approval, any was there conditions put on it or anything like that? Certain materials were only allowed, certain lighting was only allowed, certain sites were only allowed. So, we those guidelines.

Yeah. And then day, times of the day and things like that, times of the night or anything like that. Good. And then um the window signs though, I'm assuming they'll they'll change the ones that are in the windows like if you have special we will only be using paper to some poster once in a while. We don't anticipate special. Good. Okay. Anybody have any questions for Mr. uh anybody else in the audience to talk about this? And I think uh thank you for uh coming on up and we're going to go ahead and I'll take a motion to close the public hearing. Motion's been made to close the public hearing. Look for a second. Second.

Second's been made. All in favor? Second. I see. I How many stores you got? Just one. Just this one. Just this one. My partner has two stores, one in Bington, one here. So the the signage is consistent with your other stores. No, this signage is different. The font used is approved by the historic commission and the colors are different as well. We use a different different logo, different font and different colors. This is not influencing my decision, but the food's apparent. Thank you. Thank you. Good deal. Okay. You lucky on Friday night get some free stuff.

It was good. must have been waiting there too. I couldn't believe I missed that. Well, uh anyway, we're going to go through our questions uh test. Yeah, you can sit down, sir. The following test will be considered by the zoning board's appeal to determine whether the variance weighing the granting or the denial of the area variance request. Number one, whether an undesirable chain will be produced in the character of the neighborhood for detriment to nearby properties will be created by the granting of the area to area. Uh I don't

No, I don't think so. or was this empty and had another business prior to that long time ago and other businesses are there of wide variety of advertising signs and across the street. So I'm going to say no on that. Number two, whether the benefits sought by the applicant can be achieved by some method feasible for the applicant to pursue other and area variants. this is how procedure and by going to the historical commission and that's the protocol uh for coming to us whether the requested area variance is substantial I'm not thinking that that's

no particularly but again compared to what we see down there in

and with his and he's all all every sign whether you're cutting hair or tattoos or chicken you're going to have to go his normal uh commission before you uh receive approval. I'm to believe so I think that I'm going to know on that one whether the proposed variance will have an adverse effect or impact on the physical environmental conditions neighborhood or district and I think no on that and whether the alleged difficulty was self-created which consideration shall be relevant to the decision of the board but shall not necessarily preclude the granting the area bearings I think yes it's so a lot of choices there so I'm going to go Andy we're we're going to go with Um, four nos and a yes on that. And anybody have any other questions before we call for a motion?

No, I think in this case you should put a condition condition on your motion that this I mean because an area of varance typically travels with it. This one should not because it's assigned specific to their business. Mhm. So you should put a stipulation in there that this error varants only discovers the ownership of of and uh

and uh I think we'll do that. That'll be a condition that I'll uh I'll make that motion. I will move to approve area variance on there on 10711 Main Street. uh area variance uh for a 2x10 ft sign. Uh with the condition that the signage uh uh the approval of the area variance extends solely to the ownership, current ownership and the to the applicant. Work for a second on that motion. Second's been made. All in favor signify by saying I. I would be pass second that please

and I made the motion. Number two on the agenda 143 Port Watson Kim Del 6A zoning interpretation of whether in home own state registered child care program it's considered a home you might have some allowable with with special use permit or a daycare center allowable use variance if the ZBAR center provisions to apply to the dependent use the ZBA will consider a use variance application otherwise the planning commission not a special miss.

Yeah. and you uh you're I'm James my wife and I have Y property and there anything you need to I mean this you're currently operating the um yeah it's an inhome family group daycare okay we were unaware that we needed the variance then I came down to renew something on my porch mentioned that we run a daycare and okay he told us well need a variance for that vote we didn't

so I need your guys' opinion on whether we're going to call this a home occupation which is allowed in a GB2 or whether you're going to call it a daycare which is not allowed in GB2. So that's why it's an interpretation make it I'm going to leave it up to you guys. Well, can I ask you a question? Um, on I believe it's East A, which is behind Pudgies, Renzo, I think it is. It's you got the turn east. Well, when you turn north right after Pudgies and you're headed up towards the hospital, it's that pulloff street. It's the shortcut that takes you over by the railroad tracks.

That's you have to turn right there at Hudgies Pizza as you're going up North Main Street. Yeah, it goes this way. Yeah. and the road like this and it heads up towards uh the hospital thing. North there's a there's a turnoff right there, a street that will eventually take you around over to um Grant Grant Street. That's West M. West M. Thank you. Um there is there's what used to be I don't know if they still exist two um two homes there that were part of Good Hope and they were in the home.

Good Hope you you and those were like homes that had um uh pins persons of need of assistance placements. And so I don't know about that, but what was that? I mean, if what was that district rated at? Do you know that what that is that an R1, R2? There probably R2, R4 or R3 R1.

This is like daycare where people drop their kids off for the day, right? Not group home set. Yes. Well, it's it's a daycare. It's just they call it a group phone because there's more one just me and my wife so we can have more than eight kids licenses under the office of family and yeah call it a group family dayare license there's a bunch of categories so he does have a license under but it's they drop the kids off and watch them while they go to work and then they come pick them up our our definition of daycare specifically licensed daycarees so it's not a daycare it's not this is not considered a care. I was going to ask that question, too. He's licensed. We are licensed

and has an agency that oversees OCF. OFC. Yeah. Yeah. My wife's better with this stuff. Do you have any employees other than you and your wife? Well, it's just me and my wife. My mom comes over and helps out every so often. Do Do you get placements from the Department of Social Services? No, we don't have any. So, you're not a foster care based, correct? Oh my f. What do you mean? That was my concern. Who's licensed? Our definition of daycare says the caring for three or more children or adults away from their homes except those which are licensed pursuant to section 390 of the social services law

and they are licensed pursuant to section 390. From being considered as the So it's not it's not a under. Yeah. Absolutely. Because it's only he and his wife because our home occupation says a single profession or hobby carried on within a dwelling by a member of the household residing in the dwelling unit. So since it's he and his wife they are residing in the dwelling unit. I'd be comfortable calling it a homeation. That should be a condition then maybe there no employees. No employees. As soon as they have an employee it's not a home occupation. Well and I also think you'd have to get approval anyways through the office of OCFs. They already have that. Yeah. No, for an employee.

Yeah, they would have to do the training and stuff that we train. We don't intend on people. Okay. So, that would be should be establishing. So, so I think I'm I'm okay with like sitting as a home occupation and remain a special use. Granted that they don't change their current status of what has it. If it does change to, you know, a full-blown daycare, you have to, I don't know, just review the special use use variance. Yeah. Yeah. So, so they do not need, if you're going to call it a home,

home occupation, they do not need a use. He has to come back next week and get a a special use permit for the plan. Okay. Yeah. I think that's we don't need to issue anything. We don't need to show that. We just say that that's what your interpretation is that it's homeation. Yeah. home occupation unless it changes like we said if you start if you employ somebody or make a change in the in in the uh the capacity in the business uh then that would be change it for what you've described and you know basically what Rand has mentioned is that it's

not saying you can't do it but you would just need to come back and get a special use permit or a use variance at that point sorry so come in tomorrow and talk to you about filling this stuff It's also just got to come back next week. Just come back next week. You're already on the agenda for next week. All right. Come back next week. Especially per same. Thank you. Thank you. Thanks for coming in. Yep. So you you should make a motion and interp make the interpretation that it is a for occupation.

Okay. Good. Thank you. Uh, I'm going to move that we consider agenda number two, 143 Port Watson Street, that the uh the um business is a home occupation uh and classify as such for purposes of our interpretation of the uh of what his next steps are. His next steps are next week and get a special use permit. Come in and apply for a special use permit which you already did. It's already on a calendar. Yeah, there's two things I put. Yep. So, we'll see probably next month. Next week. Next week's week. There's planning, right? All right. All

set. Thank you. We move that motion. Second. And all all in favor signify by saying. I Who's the second? B. Great. Great.

All right. Uh agenda item number 3134 GR Nav uh John Bonce seeks the area variances for pre-existing nonconformities and a sled plane development permit for the purpose of reinstalling the front porch and error in the originally distributed agenda instead of Eric Bon. I don't know whether these are John before Eric was home that was dealing we can know about this home here.

So the full plan developments for the for the planning commission that you guys um we do have I know they've done it before but he's got to go to planning too. Um, this is something that I mean he's had just a couple illegal set of front front stairs for couple years. We're just we're cracking down on some property maintenance things. Did get a violation notice. He's just applying the fix. Put a front porch back on that building so it looks more cohesive with the neighborhood. Um, it is in a flood plane. Got to get flood plane development permit. new on there

and uh but that's again that's on there because um so basically it's just previously nonconformities like 90% of the things we do there. So uh 25

it's not so although it's not going to come out so he's not going to put it he isn't going to put porch and then bring the stairs out further towards the sidewalk go in the stairs are going to come out towards the drive right look at where that jury box is yeah pretend the walls the front of the house stairs would come up where those chairs are and put end of the world. So yeah, keep that upstairs will never see it. Yeah, they all be hidden. Yeah. And um So is there a plate in there at the side of the porch?

Yes, in there. There's elevation drawings somewhere. He's currently at 18, right? Where? He's currently at 18 ft. There is no in the building. Yeah. 18 ft from the area. I mean, it's already pre-existing. I can So, we've had a bunch of complaints from the people in the neighborhood and and and stuff. It just he's got to put a porch on that to make it look more like the rest of the

just you want to make it look more like the rest of the house is Yeah. has to go has to go to plan commission too for site plan everything else. Yeah. Because of the flight plane is the same and not not just thinking ahead of the next aged item is the same consideration that the planning commission would use for a porch for this addition. Yeah. Same thing. Okay. Same exact except except you don't got to worry about you don't got to worry about front yard setback. Okay. Yeah. So that's that's the only difference.

So again, it's mostly all pre-existing non conformities that that you're doing because you're adding, right? Yeah. It had it on it originally, we took it off and now we just because we came before but the stairs came towards the road, right? That would not inform any value. Yeah. When Scott was on the board, one of the boards, he said you should put the stairs up the way I told you. So that's the way we designed it this time. Yeah. I just, you know, I guess a couple years went by, it didn't get done. All right. What do you guys think? So, I think just to note it, is that back going to be 10 foot while the deck gets built?

Well, I don't know. It's the same as 136. Like 136 had the porch on it. And so, so the the survey map in there should show you where the porch the survey map is. probably.

So 18. So the deck is going to be 8 foot. Yeah. 8 ft. So 8 foot. When was the house distance off the was the day? 87. So that does have that distance. So it will be 18 but yeah or or will be 18. So the current subs that port is taking off

2012 2013. Yeah. So they're asking just for best I don't know. Not that long. Yeah. Yeah. It was It was during my time on the legislature when Yeah. was it? Yeah. Time flag, man. So therefore, that picture, that map, that survey map at 18 ft wasn't with the porch pack. So it'll be Yeah. So it's just kind of a seven foot. Well, I think they they're asking for it. Anything else on any of the other conformity. Is it just a question or this something?

I think the driveway's got to get fixed once this is all done. Driveway's kind of peace meal. So resurfacing once tore down cuz he had a garage back there that got tore down, right? Yeah. Think I would change the word even from pre-existing unless the deck is no longer there and not both. But it's just going to be that will be a That's not just Okay. Yeah. Yep. Reinstalling. You're saying? No, it's not reinstall. It's just

Yeah, you're saying eliminate that for the purpose of installing. Yes. Yes. So, it needs a front porch because it doesn't it's it's not cohesive with the rest of the house.

All right. Any other questions for Mr. Garden? Any conformities or anything that that last the drive the driveway right to the left the left side. Do you share that with the house next door?

No. and I own the house next door. Two separate 136 is right. So your plans in the back are still to have vegetative state all the way to the end separating the two properties so you won't have one giant parking lot behind both houses. The it's been kind of like gravity for a long time. I'm asking Yeah. I mean you understand what I'm getting at. It needs that something planning commission asking for. Okay. Just in case one gets sold and one doesn't, you need an easement there because you've got a shared driveway there. Even though you don't have a shared driveway, you can you can you can use both driveways.

Yeah. If you end up wanting to sell one of the houses one day. Yeah. Then what you do? Well, that's my point. Yeah. There's a line. Yeah. But it's got to be four. Oh, I see. And you're a property owner. You know how that works. Can you combine the two properties, Roy? Yeah. Yes, you can absolutely consolidate, but I wouldn't depend when you you need a use to do that because you're not allowed to have two What is it? Two multiples. One's one's one's a multiple, one's a two unit, right? No, they're No, they're the same. They're both two units.

So, they're both two units. You can't do it. ridicul two two singles with two two families on the same lot. It's it's renovated in the city. How did how did Jim Reers do it with the corner of Woodruff and GR? That lot that law did not exist until he did that. Okay. Now it exists. I I didn't know. Good question though, right? It's a good question. I gave you the the I I gave it the straight answer. Yeah, that's all done.

All right. Anybody else have any questions for uh we're going to, as I understand, um if you have nothing else for us, you can you can sit down. Does anybody else uh have any any questions? Anybody in the audience here? So, or you can wait. He's got the next one, too. Yeah, he's got the next one. That's right. Stay right there. um any uh concerns about the pre-existing like like for instance the research single driver should that be a condition? Yes. Yes. We should condition that that be done time frame two in a minimum of 18 months. Four parking spots.

Yeah. consistent with the design standards of uh 31 184 C 384 C

300 4C it's already got it's already up if you serve this be the same same dimensional same capac Oh, okay. So, for instance, to be compatible with that section, you can't you can't stack you got to have at least minimum four or parking spaces. That's fine. So, that you don't got to back someone out with pull it in and they got to be lined. They got to be certain that Okay. Anybody else have any questions on Yeah, it is 84 and it's 300-84

84. Yeah. Nothing from anybody to prepare a motion for this. And it's just the one thing is not pre-existent because he's going to impinge on the front yard a little more. So yeah, the uh front yard set back 25 ft. That's that's new. It's not pre-existent.

Yeah. Um, anybody want to take a stab at the motion? Otherwise, I can go forward here. And uh, we'll move to um, grant an area variance pre-existing nonconformities uh, with a condition on one of those pre-existing nonconformities that they drive. So, no. So, all the pre-existing nonformities except front yard set back, which is not pre-existing in the eyes of the zone. Okay. Uh so seeking various for all pre-existing nonconformities with the exception of the front porch uh and uh of of installing the front porch conditioned on on a commitment to resurface the driveway providing appropriate parking according to uh uh our city portal codes

and you'll do that within a year and a half like you do everything else, right? 18 months. We give you 18 months. Yeah. I I'm just confused what the ask for the porch has to do with the driveway because you have to bring stuff in the conformity where you can and they're consistently doing it with saying any to ask for anything you have to Yeah. when when you come in to ask for a new nonconformity and which if which we're granting uh you have to address all the previous Okay. I didn't know ones that you that were there even before you acquired the property. Okay. I got you. That's awesome.

that you can one of the big fixes are because we have gravel driveways. This particular driveway some of it's paved some of it's not some of it. So you got to bring it up to code in a year and a half. But but you don't but there's thousands of gravel driveways in their city. understanding if they come before us with something in a similar situation what you're doing uh uh and they want approval for parkings for anything then we would we would condition them on that and we have had that oh so so somebody so so you're saying I have to pave this whole entire parking lot because I'm asking for a porch in a year and a half

and then if you can't do it a year and a half you come back and you ask for an extension it's this not a it's not a huge ask we've had we've done with single family home owners, too. Yeah, but what if people can't afford a 20? Not me, but I mean, what if people can't afford a 25? That's the reason why we give them title. Yeah, but what if they can't do it? A lot of people are delinquent in taxes. Yeah, it's just a question. That seems kind of like that's a hard one for we see you have to pave it in safer surface or anything like that. It's got to be impervious, right? Yeah. That's interesting to me. It seems like you want it per otherwise they're not out there. Yeah.

Both says the purpose. Yeah. And that's consistent with the way we've been dealing with everyone that comes across the board. Yeah. No, no. Just just questions, you know. Just questions. That's how you get things fixed. Yeah. You don't you don't allow things to continue the way things are. It's the definition of insanity, right? Yep. It's very And this is We've been doing this. Yeah. Really? For some reason, it can't get done in a year and a half. You just You have a reason why it can't get done. And we've had people Yeah. I'm okay. I'm just like like my neighbors at 130. They don't need they like social security. If they wanted to put a porch on, there's no way they'd be They've had a stone driveway since 1905.

Yeah. They wouldn't be able to do it, right? Yeah. Same. I've had people chose not to make any changes because this is going to be a stipulation. Yeah, I understand. I did for five years before I put the addition on my home because to put the addition on my home, I had to put a new driveway in, but couldn't afford it at the time, so I waited. But then the but I still did it. Yeah. Then the property values go down because they won't fix up their houses. Oh, I don't know. Just to me, I'm I'm just thinking in my head in the moment that's all.

Um, any other questions for Mr. V? uh to close the public. Have I closed the public hearing? Yes. Did that move to close the public hearing? Sorry. Wait for a second. Second. And then um my the motion that I'm proposing again is uh I'm uh moving to grant the area variance for pre-existing non-conformities. And as was mentioned, the uh resurfacing of the driveway and parking spots u will be a condition of approval addressing pre-existing those those pre-existing nonconformities and u approve the installment of the front porch as described in the application and

in the east and a granting of an easement U to one to the neighboring property owned by Mr. Garden. So you're going to give yourself an but it has to be on on schedule. I got I got to do some work on a meeting. You mean the schedule it? We can go do that. Not with me. You got to do it with your attorney. But you'll let me know. Yeah, I'll tell you what to do. Yeah.

Okay. Okay. So uh the conditions on improving the area variances for the nonconform precessing nonconformities which do not include the front yard set back conditions there that the driveway be resurfaced be made impervious shown to code within 18 months. Um that parking spaces be consistent with section 384 C. And then with regards to the front porch, will you restate that one?

Uh we're granting the area of variance is for the pre-existing quarters which you mentioned and granting an area of variance for installing a front porch according to the sketch plan and that's going to be is it eight? Can I just say that's going to be eight foot off the line? Eight eight. Do we need to state that or we just Yeah, because that's a specific variance. You need you need sight sideyard 18 feet. 18 feet, right? Yeah. 18 ft cannot. So that front porch cannot exceed 18 ft. 7 ft from the side of it. Uh will that be 17?

That's the porch is 18 ft. That's what this Well, the size of the porch is eight. How far off the 10? Yes. So that was 10 ft. The survey shows the ex showing again, but it had a pork on it before. Yeah. So it's the existing one that you're seeing. So it's not it'll be back to the original. Yeah. Okay. Yeah. It's going to be back to the originals. So that's why I said pre-existing, but if you got me, he's putting on new port. So if you want to just give it, you know, normal variance. Yeah. for and and allow an 18 foot front yard setback. Okay.

So, the porch is not to cut within that 18 feet. So, I'm I'm going to put this in the form of two motions. A being a pre-existing non-conform driveway and the parking u conditions and then a second motion granting an area variance uh to enable reinstallation for you So with the the second part about the variance for re installing the front porch with the condition that the porch can be not here. So that it would the variance would allow an 18 foot front yard set back

to the forge on the sidewalk. No, there's only 18 ft from the sidewalk of the house. You take out eight feet per to porch, you got So, you added on to the front of that house. No. According to that survey map, it says 18 ft with the porch on. Can I see it? Isn't it the front left side of your home? That's probably the stairwell. The stairwell is not disturbing now. We put in an enclosed stairwell, right?

Yeah. Because I remember when you were putting in it. Yeah. So 10 ft. Yeah. It's fine though. So let's double where are we here? This is 136. So that's five in the front of the house. That's not shown on the porch. So that porch is another to the same instead of 18. It was 20 and they look be the same. Yeah. Because I remember when the addition was being built by I could be wrong. I don't know. I would say that Wow. Yeah.

I would like to before I before I vote, I would like to be able to have it checked out again. I want to make sure. All we can tell is the addition. Where's the one from the way he built actually has the ears there? Understood. Okay.

I saw you design. just like I have checked that out one more time. He's not sure if this is the sidewalk.

So his last wife that was nice was No, I just want to make sure you don't die as for some reason. I thought that was Well, it's currently 18t to the house. Yes. Yeah. Yeah. Yeah. Yeah. So, you're down to 10, which is pretty much 136 as right now. Pretty close. But there's no coming out.

Yeah. That's right. So by the time you bring stairs for the field 18 so it'll move it in 10. Okay. So now it is 18 ft currently now. So once he gets the deck on it, okay, you're still a minimum four foot off the side for, you know, for

Yeah. for land size, but it still doesn't meet the the 25 ft. So not many houses mean that. No, that's the pre-existing. Yeah. So it's going to be so you got to he can't so it's 18 ft now he's at 8 ft. So I guess you you redo it to say the it cannot exceed 10 ft. That's okay. And that would be like Andy was describing pre-existing is one part of the motion. Yeah. And B is enable the installation not exceed 10 ft.

Yes. Okay. Not to exceed a 10ft setback. No, exceed not to encroach back. So may not approach more than 10. was that severe at this? Yes.

And the uh reference to u the condition of branding of an easement with 136. Does that go with one or two or both? Actually, you're going to when you do 136, it's going to be the same thing. You have to have a shared Yeah. Shar. So 136 not the same thing. But is it it's 134 and it grants the easement to 136. Is that interesting? It's going to be this to get rid of that 4 foot vegetative strip to share that driveway. They're both going to have to have grant easements to the shared driveway.

Yeah, that's all it is. And you know these so but that condition applies to both. Yeah. It will it'll be not not just 136 and 13 uh not it applies not only to 134 but it also applies to 136 when we when we get on to that agenda and it is a condition of both the pre-existing approval of the pre-existing nonformity variances and the variance for

trials both and the same when we or you know we'll propose the same and we address 136.

Um do you want to re restate? Anybody want Andy to re summarize what it is? I think we pretty much hagged it up. So that motion is uh is proposed for a second. I'll second. Second has been made. All in favor signify by saying I. I. Motion granted.

All right. Now we're staying on agenda number four 136 CN Avenue neighboring property. Mr. Bon seeks a variances for again pre-existing nonconformities flood a flood plane development permit for the purpose of an addition to the dwelling. And this is a um this is a structure that you're going to add on to the back of it. Yeah. So the Yeah. answer your question. Yeah. Don't let me go too far. I can talk about right. Yes. Yeah. That's correct.

This way springtime comes around start working. Good. Okay. So uh the same situation will apply and uh we have a different a different set of pre-existing uh nonconformities. 136 and what are those? So the front of 134 and the front of 136 will be identical because the builder of those original houses was the same builder. They're identical. Identical houses. Yeah. Yeah. So they'll be identical porches, everything really. So does 136 have a porch on it? It does, but it's dilapidated and and we'll rebuild it to match similar to or exactly. Yeah.

Yeah. We'll make those two match. Okay. Okay. Yeah. Does anything need to be that is the existing forge non-conforming or uh so this this is just for the addition. Yeah. Okay. I've not seen a building permit or anything out there for the rest of that bill. We just talking about the addition, right? Okay. So, that's your understanding about that. If you you get to the point of doing what you're proposing on 134 to 136, you'll have to get back to Roy. Yeah, we're just giving the background. Yeah, sure. All right.

Yeah. Um, anything else jump out at you guys as far as the nonconformities there? Is there nothing? We're gonna we're going to talk about uh extending the need for the the uh shared driveway agreement and the the garage is going to have to come down eventually to make enough parking for four spaces. Okay. Demo the planning board's going to do that too. Okay. Yeah. All right. That's not it's not in our plan. So we don't need to start address that. Planning board's going to tell them that it has to come down the major. Yep. Gastro. All right. pre-existing

does that that property does not for for legal or parking spots? That property definitely doesn't have enough doesn't have enough room for it. All right. Do Okay. Um, anybody want to uh and he's agreed questions or anything more for Mr. Barton? I'm move to close the public hearing. Look for a second. Second. Second's been made. All in favor signify. I hear is closed before we proceed into the five back.

Yeah. I Okay, then I'm Would you like to go through 134 and just record though? I'll record those in the minutes. Yes. Uh

the 1:30. So, we're backing up jacking up to 134. Uh, we're going to go through our question required by statement I believe on the uh 134. Uh, the following test will be considered by the zoning board that appeals to determine whether a variance grant weighing the granting or denial of the area variance request. whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby property will be created by the granting of the area. So, uh this is renovation part of a renovation I think of the house and I think a lot of the houses there similarly treated so I'm going to say no on that. um whether the benefits sought by the applicant can be achieved by some method feasible pursuit other than variance again there's a lot of uh nonconformities pre-existing nonconformities uh the modification also requires area various so no on that whether the requested area variance is substantial I'm of the belief that it kind of is what you know but I can put this we're talking about pretty substantial changes uh

you just put back what we had yeah I just think he's putting back what he had okay putting back so it's on that same I think so that's fine

uh number four that's no on that also then number four whether the proposed variance will have an adverse effect or impact on the physical environmental conditions neighborhood district. I don't believe that's matching character and he will he still has a site plan review for the flood plane uh in that area would have have a concern about any any of those type additions in that area. Uh number five, whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board, but shall not necessarily preclude the granting of the area of variance in there. I think yes, that situation voting four nos and a yes, Andy that and I return to 136.

Return now to 136. And I would I don't know do we need to say anything but the approval for 134 is conditioned on those uh answers to those questions. U notwithstanding that they were asked and answered in reverse order or out of order. 136 Graten Avenue. We're back to that. Uh and we have um closed the public hearing. We're looking for a motion on let's go through the fact go through the questions and then determine

sorry delay I haven't done this in a while. So the uh in the following test will be considered by the zoning board of appeals to determine whether the variance weighing the granting or denial of the area of variance request. Number one, whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting the area of variance. Uh I think again we're we're going to go we're going to propose that we're going pretty much the same answers as the 134 house next door similar uh we're making an addition on the back of it versus 134 which has a porch edition the same same pre-existing or same style same type of pre-existing performance. So I'm going to go low on that. That was here something to the contrary. Uh number two, whether the uh benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance.

No, this is our this is our procedure. Uh number three, whether the requested area of variance is substantial. city in addition is usually considered to be substantial by uh month you inclined to say yes on this one. Anybody have any think replacing reinstalling or installing a porch? Is that thing is so this so just let's get So this was a entryway to the second floor at one point. Okay.

Um but and now it's like a twostory addition. Yeah. So, it's not a completely new structure, just I mean it is new based on on the square footage and stuff, but if you look at the older pictures, there's like a second floor entryway deck looking thing that was supported by Remember when they used to do those metal beams that were about that way around. Yeah, that was a structural thing. Yeah. So, so I mean there was a structure there at one time. This one's bigger. Okay. So, yeah. then it'll be a permanent issue for that and what have you. So, so there is a permanent issue for that. Now,

I can I can go with no on that one and I think heavy uh number four whether the proposed variance will have an adverse effect or impact on the physical environmental conditions in the neighborhood or district. Uh I'm glad to say no on that although uh it is a flood plane and uh we uh defer to planning commission. So this one's a little So this one the base flight elevation's Yeah. 31 and the,029. So it's got to be 2 feet above freeboard. So the four is 30 is 1,031. So it is 2 feet above freeboard plus plus the addition will have flood plane mitigation. Yeah.

Vents and everything else. Gotcha. Okay. No basement or anything like that underneath there. There's a crawl space.

Crawl space. Yeah. Yeah. That's serviceable crawl space. Uh then I'm going to say no on that one. Uh number four. Uh number five, whether the alleged difficulty was self-created. Which consideration shall be relevant to the decision of the board but shall not necessarily preclude the granting of the area. There is yes. Um the situations there Andy. So four or four nos and yes. One through four. No. And number five. Yes. And now any other questions amongst us here before I entertain the motion on 136 Gran. Hearing none. Andy, I um will uh move to grant the area variance uh 136 grat nav uh addressing pre-existing nonconformities uh and the addition proposed to the dwelling uh with the condition remind me if I forget anything u the uh that the uh a shared driveway agreement similar to what was uh conditioned on 134 Graten Avenue. He also conditioned on 136 Graten Avenue. Uh and that is for the uh uh inst of the uh servicing of of the driveway. And again the improvement will be around a uh 18month period of time to to install.

Does that sound about like what we discussed? Enough. Uh no nothing with regard to apartment space the the pavement. So that is also two family. Yeah. So it's got to be minimum minimum minimum four parking spaces. But just like you also say they have to get remove the garage, right? Yeah. The planning commission will take care of all they would tell the garage in the course of looking at the parking spaces. I mean you guys there's no there's no hard for you guys to add it in there but they'll they're the one

plan commission will tell how many park spaces he has to add as far as so I think we're we're good then yeah told us he's trying to say anything and we given him a time frame um so I think I'm good on that u anybody else need any restatement of the motion or bill have a second motion been made as for I'll second made. All in favor signify by saying I. I motion carries. So you have two gran. Thank you.

134 136 and last follow up on number five. Agenda item is 188 Street London seeks a use variance to utilize the first floor of the building as residential units. They're not permitted as light but as of right within the central business district if approved residential units would be subject to the site plan review area. Yes.

Anything else you want to share with us beyond what you have in the application about I'm closing the second floor. I'm probably going to strip strip it down because of the fire, etc. Um, the bottom floor seems to be fine. Electric is on. So, we're just moving, you know, we just want to uh provide some affordable housing for Portland. So, the area that fire, you're you're gonna rehab that? No. No. Just closing it off. At some point in time, I'll figure out, you know, we'll make

more decisions on it. Right now, I'm just closing it. Yeah, we're gonna have to wait for Roy a couple questions that we had before hearing from you, but uh it it's good that you're able to of discuss it with us because it's once you get into the realm of of the codes, Yeah. fire codes, right? that he's he's got to be

and in fact he may have to say based upon the fire heard as well whatever I understand has to happen and uh but it is worth it is good for us to be able to cash out and I'm glad you brought up the point about the affordable housing what have you that's your goal that absolutely I mean I think that's what Portland needs is we have a lot of housing that is affordable that where places have been kind of discarded unused. Yeah.

Well, there's there's a lot of things that the state require when you do go down the line of of establishing affordable housing as an applicant for something that may get a grant or something has to me to certain things when you actually use that. But again, we got we have Roy back now. So u u there was fire damage on the second floor on the second floor. And is there anything that he that they have to do in order to start rehabbing the first floor? Well, yeah. He's got to Did you put up the plywood yet like I asked you to? Yeah. So that so now the second floor is already boarded up. Okay. And that's is that all that he has to have or is there period of time when he has

Yeah, he has to get that Yeah, he's got to get that second floor fixed up because that's you know it's it's an unsafe building. Yeah. But he wants to get a little income coming in before he can start rehab. Okay. My conditions would be because this will eventually be a multiple dwelling. Now, if this is granted, this huge grants for he's got to install a sprinkler system in it. No, because he's eventually it's eventually going to be multiple dwelling. I'm assuming first floor is going to be two dwelling units. Um, right now I'm just shooting for one. Eventually, it's going to be two because you're going to split it down the middle. I am possibly splitting it down the middle, but I haven't even gotten that far. I'm right now I'm just focusing on the

So, eventually you're going to have one or two dwelling units downstairs if this is approved. The upstairs is still going to be right now. I'm just closing off the upstairs. Work on the work on the downstairs and Okay. But eventually it's going to be your intentions are to make it a roomy house again. No, I haven't. So the upstairs could at least be two units. So you got a potential there for four units. I right now I have no intention whatsoever of having four units. I'm saying this because you have a so at least three. You you need to put at least the backbone of a sprinkler system in there. Mhm.

So that you're not disrupting your first floor of tenants when you have to go back and reinstall sprinkler system when when when it's needed when you when you work on the upstairs. And I would need that for three three or more. What if I have less than three? If you do two units, it's not required. Then I'm doing two units. I'm right now I am only doing one unit. Okay. Understand that if you go more than that you're going to have to disrupt the whole thing. I will make you do a sprint system. I'm fine with that. I embrace it. Thank you. Okay. Two units. Yeah. So that's going to be a condition of it's not going to be a condition. He's he's not changing it into so

yeah condition. They not going to do it. There's no condition. Yes. Now he's doing two units. So there's no reason. Y. So, the reason why he's here is in in central business, you're not allowed first bowling units to be accessed from the front of the from the front of the building. No, he he was denied by Cody Ply, right? Huh? No, he it's it's a return. He didn't get denied giving me the trace. He got denied use. That's why I say it for a use for holiday. Thank you. They're just telling you wasn't paying No, I wasn't paying attention.

He's just He's just telling you he can't do it without the use. That's what he says. That's why we're here. We We obviously have to condition this just to the first floor. We can't have anything. He can't start doing anything to uh the second floor unless if he's already finished what he needs to do. He's he's got a building permit for the first floor. Actually, he doesn't have one yet because he we were waiting on whether or not you got to approve it. There's no sense him doing anywhere. Just approve. Has the first floor previously had any single family in? No, it was a bar. That's what I was going to ask. So,

when was the last time the first floor Huh? When was the last time the first floor was on? It's always like when did that close when when did you die building last year this being in a business district? What other businesses you what it's essential business. It could be any anything has add already other single family. Have you tried to do anything to the first two properties next out?

Yeah. So there's two there's properties next door that are multifamilies that already have existing the whole street going out from there. Those were previous businesses. Yeah. No no no they were always always That's my That's my point. Yeah. to get back on track of a use variance. Use variance requires the applicant show hardship documentation. Did you submit that? Yes. And so that was our so I do I u for the public documents I took those tax returns out so that they would be part of the public

domain. Yeah, we we actually have them here. Okay. Yes. So, as far as the first floor, you just did not did you anticipate putting renting it out, putting a business in there, or you just have kept it empty for I'm not really keeping it empty because I'm waiting for you guys to give me ahead. When you bought it, you anticipated renting it out as

I had no idea. Just Yeah. I thought this is Courtland. It would be great to have more uh affordable housing, more people of color. I think it I think it'd be great to have uh variety uh uh of things. It's a great town and I just wanted to Okay. So, so you didn't have an idea to rest on. So, your first intent was never to have a business back in there. No. No. Truthfully, he's not the first person to purchase to do that. Yeah. A property and not know what he can and what he can't do with it. So, I mean, it happens all the time.

I'm wondering why this is still why the council hasn't done something about this. Yeah. First one audience. Well, and is this really the kind of thing that central business district is or has it has it changed? No. Central Business District, you typically in the Central Business District, you do not want So, you don't want someone put an apartment here on Main Street. Read this. But this one way down there. Yeah. I can tell you that. Yes. In two months, you're going to be hearing some zone changes. Yeah. Yeah. That's what I'm getting because there's a bunch of central business bunch of houses that are sitting in central business. Yeah.

That that are all residential, always been residential. There's no reason why they should sit in. There's a residential house on the main street side. There's a residential house on the other street, whatever the other street is. So, it's surrounded by residential housing. Yeah, that's that's my point, I think, is that why is it still Why was it the better question is why was it a bar? Always been a bar, but that's the railroad was there. That was quite the bar. Oh, really? A friend of mine told me he played the car.

Yeah. So I think the importance of us is clarifying, you know, just, hey, so your business did this. Why can't I do that? I think it's okay to zoning changes, you know, the rail was there was there. So it doesn't necessarily of another main street business. Main Street says you forum. I also think it's a reasonable so the thing says he cannot imagine or seek or see or whatever it says uh a reasonable return on his investment as it being a bar. That bar has been empty for 10 years.

Yeah. Yeah. I mean we don't change that a little in this case the majority of that entire side of the street is is residential house. Where's parking for for this one? So that's the other caveat, right? To it's essential business. You're not required to have parking in essential business. Yeah. So where was the parking going to be for this apartment? There isn't. He doesn't need it. But then again, that's something for this planning board can require you guys. Well, you you've done it as far as providing requires part. Yeah, you can. That's planning board. It's not famous. Yeah,

it says the planning board can require Yeah, they do that all the time, but they can they can require parking. Yeah, but I I believe he's looking for, you know, more of a lowinccome people that that aren't necessarily have vehicles there. But there is ability to park. So, I mean, I don't think it's outside to say if you do have somebody in a vehicle, you're going to have to provide them parking in a lot that's owned by the city. I believe we sell parking at motor. Do we sell parking on motor? No, we don't. No. Not yet.

Yeah. It's a way a little bit. Yeah. Right. He might set the questions for He could. So I mean he could. So the gentleman across the street he could talk to um the old JTS building. Lawrence Walsh own Lawrence Walsh owns the old Hitch Rail now. Oh is it Hitchell? There's also the old JTS. The old JTS building. They got parking too. I mean he could make a deal in the park. Yeah. But I mean there's there's parking available within the area. Just you just got to talk to other property owners, right?

I'm just concerned, you know, in if looking at being, you know, approving the the or reviewing or moving to to approve the use variance. Do we need to condition anything about the rest of the building? Did you buy the property back there on South Avenue, too? Is that still Mr. Woods? That's still Yeah. He wants he wants to sell it though. But I mean, if you were to buy that too, there's there's a there's room there for four or five spots on on other I think that's right. Yeah, I think you're right. Actually, on the other side of his building. So, if he was to buy Mr. Wind's property at two South A, there's a there's a there's Yeah.

four or five spots on the other side of South. All right. Any else have any questions? More questions for Mr. McDaniel. Um, I'm going to move to close the public hearing and I will look for a second. Second's been made. All in favor signify by saying I. I. I. Thanks. You have to see real quick. My opinion on this is I think the city needs housing. Y I think this hasn't been a bar in 10 years. Yep. I think we left I mean this is my my opinion not to sway you guys. I'm I think I think in this case we

you guys can vote to allow it. That means Mr. Daniels can build it, get a building permit, fix that first floor up into a single unit, get some income coming in and then start working on the second floor. Yeah. Yeah. Okay. And just just just be silent on the on the up there on the on the second floor. He'll have to come back for a new apartment. He can't there's a second floor. I mean that so he doesn't got he's only here on the first floor because the dwelling units are allowed on a on a second floor that it's used by right in the second. Yeah. It's only it's not a use by right

when he builds second apartment or he'll have to come back to you on the first floor. Yeah. He wouldn't he'll come back to me get a building permit and then if he does decide to go and multi that unit unfortunately he's going to have to disrupt people living on on the first floor the sprinkler system that's all right I think we just say just don't even address yeah the entire and like I said the entire side of the street with the exception of the the building that right is in Oh yeah you go down the entire side of the street all the way down to the Salvation Army That's all that the whole side resident. Yeah. Y

All right. Um it's consistent with the neighborhood. Good. Yeah. And and the change the way the neighborhoods change from what used to be do the five questions. Oh, the five questions.

Yes. So we know Sorry, just was handed over those with regard to reasonable and term.

Okay. U zoning board of appeals on appeals from the decision of zoning officer shall have the power to grant the use variance. No such variance shall be granted without a showing by the applicant that the applicable zoning regulations and restrictions have caused unnecessary hardship. looked at that of those tax documents and have heard from McDaniel about his uh desire to build uh affordable housing. In order to prove such for mentioned hard hardship, the applicant shall demonstrate to the board for each and every permitted use under the zoning regulations for the clinical district where the property is located the following. Number one, the applicant cannot realize a reasonable return provided that lack of return is substantial as demonstrated by competitive financial evidence. uh he's presented tax forms um which none of us I don't think in have you know accounting background but it looks like there's u he's got the requisite he's shown deficit uh income on those tax forms from what I have been able to see. So I believe he's done that. Number two, the alleged hardship relating to the subject property is unique and it's not applied to a substantial portion of the district. I absolutely agree with that. It is an area that is right for having redevelopment and has been for many a decade and uh I think the other portions of the central business district are doing quite well. That's that's my my opinion. You guys can u make a comment on that. Uh number three that the requested use variance if granted will not alter the essential character of the neighborhood. And I think that's that's been proven uh by his applicant in

documents in our knowledge of his residents of the area. And number four, the alleged hardship has not been self created and I think that is also can agree with that as well. Uh do you need to have an accounting of those like or just a meeting of those and our acknowledgement of them? Is that pretty sufficient? this stuff if there's concurrence. Okay. Yeah. So, we went with no um we we went with that he has uh shown of each one of them. No. No.

Okay. Then uh he he I agree rather that yes that he cannot re realize it. Yeah. I'm sorry I I'm sorry. that I have backwards in my head. So our answers are yes. Yes. And then yes again number three that it will not alter. Yes. Again it will not alter the essential character of the neighborhood and then the hardship has not been so created and again yes see right?

Yeah. I just wanted to make sure before I said it that it was okay with with MDaniel. Um the city also just recently denied his assessment, what do you call it? Appeal. Assessment appeal. Yeah. Yes. So that's another reason why he's additional. Additional hardship. Okay. Okay.

Yeah, that's that is definitely something to bring up. Uh we uh uh anyways you have you have you have a how how we answer the questions or how we answer those statements rather. The ZBA granting use variance shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship by the applicant and at the same time preserve and protect the character of the neighborhood, the health, safety and welfare of the community. Uh I'll entertain a motion by anybody. Um board that can uh well here I'll grant I'll move to grant a use variance 188 Main Street again to state the particulars of this use variance to utilize the first floor. We're building the building at 188 Main Street as residential is a residential with units not to exceed two.

Is that am I right? So first first floor first floor one unit. Yep. One unit which she agreed to doing that which are not which are not permitted in the central business district. Uh we are going to the motion is to grant a use variance and limit that to one unit of I will look for a second. Second has been made. All in favor signify by saying I I. So did you say that you're allowing one unit on the first floor? Well the first floor is part of the of the of the use variance. It's in the

it's in the it's in the on the agenda there. So um uh I'm sorry I sold and the variance is to allow one residential unit on the first floor. Yes. Yes. And we that we are assured that any any activity that goes beyond the first floor is going to be caught by the going to be noticed and then addressed and mitigated by uh again second floor dwelling units

upper floor the way the way the the way the table reads upper floor dwelling units are are your your conditions that you the things you pointed out was that any activity there has to probably with a sprinkler system no not a two unit only multiple unit required all right oh one you were upstairs you'd be fine one up there got you and he's aware of that so anything that was on I still recommend it okay um that's a motion on hand and looking for a second and was made all in favor signify by saying I I motion carries Right.

You're all set. So, next steps building permit. Okay. Okay. And I just get the building permit from you guys. Is that how it goes? Yep. Um, I would probably going to need engineer stamp plans. I've had this conversation. I mean, you can say that you got friends doing the work all you want to, but that's a pretty extensive extensive. Yes. Because you got you're going to need plumbing in there. You're going to need new electrical. You're going to need walls. Yeah. You need fire separation and ceiling. Mhm. So, that's pretty expensive work just to have a, you know, friend do it for under 20 grand.

Yeah. Probably be over 20 grand, I'm saying. I don't think so. I think like because I used to work with a um a construction worker and so I'm sure it'll be under that but I will keep you posted as to how based on the amount of work you're doing. Yeah. And the fact you need a fire separation between the first and the second floor. Okay. That fire separation alone requires stand plans. Okay. Okay. Yes. It's about the host. Thank you. Thank you.

All right. Andy has sent around our minutes from what would have been our January meeting, I believe. And so those anybody have any changes or corrections to make to those minutes that were said. I did not see anything that I remembered. Anyways,

so I will will move to approve January minutes of the zoning board for a second. Secondly been made. All in favor signify by saying I was approved. Dandy. Uh do we have any other business? I can't remember you sent anything like that. Thank you Shane. All right. I'm going to move to Journey.