 Super away awesome Participate should identify themselves and Scott will bring them into the meeting and We can swear them in if it's appropriate on the public hearing items. You also need people's addresses. Is that right Scott? It's so for anyone from the public Looking to testify give us your mailing address and that's for purposes of follow-up with the board's decision Okay And so we take up items in the order. They are on the agenda So the first item is the agenda and there are some changes to the agenda Yes, so I'm just going to go through them 12-22 North Street, which is part of the Burlington High School relocation is already permitted for that use So it doesn't need to be on the agenda is that correct Scott? Mary I believe that's the case. Yes, that is correct and Burlington school district has since withdrawn their application for 12-22 Correct. They've withdrawn because it's a permitted use. Okay, and then for 2000 North Avenue I Thought I saw something that says that's resolved. Is that correct? Yeah. No, okay Let's see what that had miles is present Okay Then 40 Kingsland Terrace has been removed because it has to go back to the DAP. Is that correct? Yeah, that is correct and then 75 Cherry Street has been requested to move to December 15th agenda Right. We the board needs to act on that but we have received a request to defer Okay, and then the other item which is a joint institutional parking manager plan is To be moved to the November 17th agenda. Correct Okay, we've got a few things here I see the communications is so all the communications are in the packet at this point Yes, and minutes I have to sign a bunch of them. So yes, try to do that So the first item is our consent agenda the first item there is 254th South Union Street Is the applicant here for that one Scott? I believe so. Yeah, there we go William Riley So William you're up you you can speak if you want me hello can you hear us William? Yeah, I can I can I can hear you and see everybody Okay, good. So this is on the consent agenda, which means the staff is recommending it for approval Mm-hmm. Are you okay with the conditions on the recommendation? Yes Okay So then I'll ask the board is there anybody on the board who objects to treating this as consent Scott is there anybody in the public who wants to speak on 254 South Union Street? You'd like to speak raise your hand. I don't see any hands being raised right now though I don't see any hands breath. Okay. So can I have a motion from somebody on the board? Sure, I'll move up for two one dash zero three two six. See you 254 South Union Street That we Adopt staff findings approve the application With the current conditions for a second Caitlyn seconds. Thank you Any discussion on that? All in favor aye Aye Opposed Okay, it passes. Well, you're set to go. Thank you very much everybody. Thank you. Okay So the next item is a public hearing for broken high school relocation And it's that two addresses here one is that St. Mark's parish and the other is that 51 North Avenue? And I know that Jeff is recused on part of this application So I see Marty Spaulding is here for the School district Yep, Marty you can speak. Is there anyone else? I guess we also have Jason gingled the tech center director Okay, and is there anybody from the public that wants to speak on this one Scott? If you'd like to speak raise your hand. I don't see any Okay So Jason and Marty, I'd like to swear you in So I do swear to tell the truth and hold truth on the pain and penalty of perjury Okay, so I guess If you have a small presentation want to make on these or I'm curious as to what the process is for these to be acceptable to the school Okay, I give you an overview. So as you're probably aware Currently We're we're not occupying Burlington High School and Burlington Tech Center because we found PCBs in the building So the high school students are currently Working remotely, which is much more difficult to do with Tech Center Programs who are typically working within labs and doing more hands-on work So we are requesting a change of use For both Cambrian rise where we have Three programs moving into that existing commercial space and The culinary program moving into St. Mark's Church We have other programs at St. Mark's as well, which is our horizon program But this would be making additional use of that space And and these are for small groups of students. Is that accurate? That is correct. So Jacob Jason can probably speak to the exact numbers, but it's ranging from 14 to 17 students per program So like at Cambrian rise, we have three programs operating out of three different spaces And each of them are 14 to 17 kids and the culinary I believe is less than that Jason. How many they have in the culinary program It's because we had to go to the hybrid schedule So we have about six students on Monday Thursday in the culinary and then six on the Tuesday Friday I suppose it's a great relief to find alternate locations. It's a huge relief. Absolutely. Yeah Yeah, we've got we've got some great local business partners For helping us out here. Okay Any questions from the board for the applicant I guess yeah, the only question I is, you know, are you guys comfortable with the conditions about the additional bike parking spaces? Yeah Okay, they do seem both locations seem fairly well suited for the for the use at this point Yeah, absolutely And just on a side note both both locations have been inspected by Barry Semeys, fire marshal and Brad Biggie a building inspection building inspector That's the usually the next step after us, so you're headed again. We are good okay, um This is anything else and there's nobody in the public on this one right Scott. I see nobody's hands raised. Okay Then we're going to close the public hearing here Hey, okay Great. Thank you. It's gone quickly. Yes Um So the next item is 2000 North Avenue and What do you guys see? You have a follower here the end of those 10 miles Hello Good evening. Can you hear me? Okay. All right. Yes. Is that Ted's this is Ted. Yeah, Oliver. You're here. I'm here. Thank you Okay. Okay. Has anybody else here to speak on 2000 North Avenue Sorry, not Not on my part So Oliver and Ted can I swear you both in to tell the truth and hold truth and the pain of penalty of perjury? I do I do. Okay And I think this is the city Ted you would go first And if you can go through what the violation is at this point And what you see as a resolution, okay Yes, thank you. My name is Ted Miles code compliance officer of city Burlington and the property in question here is 2000 North Avenue Uh, I want to start off with that the air bnb Issue has been resolved and has been discontinued. So that is no longer violation So the only remaining violation that exists there is the enclosure of the garage to living space And there are no zoning permits on file for that That came to our attention when a contractor was applying for permits to install Hey, it looks like a wood burning stove a pipe through the roof And it was identified that at that time that there were no permits for that change of use and for enclosure of the garage So I did reach out to the owner in the email Back in July and we had conversation back and forth during the week and I did Explain that a zoning permit is required for those that change of use on the garage after a period of time The owner didn't respond by applying for the permit. So the notice of violation was issued and now we're at this appeal stage and what and you're also in your um Conclusion that you're also asked about having um Parking established parking on the owner's property Yes, yes, by inclusion the garage As remove the parking spaces requirement on the property There is pavement in front of this in front of the former garage, but um Seventeen feet of that belongs to the city right away. So it doesn't belong to the owner So I'm currently at home currently has no parking on their property When you say 17 feet, um, so there's a picket fence there in front of the house There is a picket fence in front of the house. I did not mention that I just trying to get a sense if that was on city property I I don't know. I didn't measure that. It didn't that does have a co was signed off by somebody else Um, I did not measure that to see where that was but it's pretty close to the property line So so they have 17 feet from the garage to the city property line No, 17 feet from the road towards the garage So he only has about seven feet in front of the garage that actually his property. Oh Any questions from the board for uh, ted mile on this um I guess it's your turn to uh Speak on these two issues. One of them is applying for a permit for the conversion And the second is uh, how you want to address the parking issue Sure. Um, well before I do that really quick. I just want to clarify that um I've kind of talked to ted a lot about uh, the arabian b Which was a completely legal uh thing in my house. So I never I just want to be really clear I never use my garage as an arabian b as as has been Uh mentioned in a few documents and violations that I've received Just want to be clear on that. Um, I did have a legal arabian b in my house. I discontinued a year ago Um, thank you moving on to the two issues. Um The garage Ted did notify me that you know, there there was an issue of potential zoning violation And I had reached out and asked him You know what? You know, obviously we we didn't see eye to eye on a number of things including the dimensions and city right away There's actually, uh, I think a total of 23 Feet between my garage and the and the road Obviously, uh, some of that's owned by the city right away um, but we didn't see eye to eye came up a couple a couple inches short and um When he had requested that I you know one remedy would be to expanding it with gravel and a barrier um And I asked him well, you know what like, you know, I need some ideas and dimensions and sizes and I just never heard back from him Um, I called the office. I left a couple voicemails and I emailed Um, and and I didn't hear anything. So some time went on and and then I was issued the violation. Um In terms of and I think the second part you asked me was the garage, um, and the Um, you know, I've owned in email. I also told ted and I'll own it that I Uh did get the garage enclosed Uh with a contractor who I assumed had gotten the necessary permits to remove the overhead door and uh He didn't you know, and that's and that's on me and that was a mistake that I made and and um and that I regret and that and and you know The last we left it off was basically I hope that the the board Agrees that you know, I could expand my driveway with gravel and a and a three inch barrier um Because and part of my appeal I do mention that my my house is is pretty small You know, I was kind of hurting for living space, especially when I had roommates and pets in the house and things like that um And so what was the rationale behind? converting the garage was to to add some some living space for myself and um And yeah, so I hope I hope you know that the board can be open-minded and and uh, you know, um, you know be flexible and allow me that but Obviously, I'm I'm kind of at the whim of the decision here I I wouldn't put it whim, but that's okay. I'm not about whim that poor choice of words, but Um, but do you do you know how far it is from the garage to the city right away? Approximately even but according to my measurements. It was I believe eight feet. Um, You know, and that's coming off 15 feet from the the edge of north av and so I mean No, our The zoning says you're supposed to have a couple of parking spaces Were the two parking spaces in the garage? There was only room for one space in the garage. The previous owners had Modified that garage Legally so much that it you know, um, there's a stage oddly enough in the back of the garage and there were two very Large-sized closet spaces. So, you know outside of one car truck. You can't you can't fit any other vehicle in there But at one point it was probably wide enough for two I I don't with when I currently bought it Not so much. Maybe when my previous the previous owners own it. Yes, but not when I And there's no we don't have a plan of your property. So There's a photograph here that shows the garage former garage in your house and picket fence And it's structured to the left of the garage. Is that your property or is that another property? That that is mine. That's a small shed that was built there before I moved in And I had actually expanded the garage for driveway with the proper permits. I think A year a year ago. So it was pretty recent that I expanded it Driveway Yeah, the driveway I um, I expanded the width of it To accommodate it was it was pretty narrow before so in order to accommodate My roommate's car I expanded it several feet With the proper permits And what about the uh, what about the asphalt on the north view on the south end of the property? Do you use that as a parking spot? Um, I don't I don't um, I I believe I've heard that they used to use utility vehicles for that spot because there's a There's a telephone pole nearby. Um I think I I think i'm allowed to use it, but it's to be frank. It's it's a little bit um out of the way and That's something I use I'm just trying to think about how to get two cars on your on your property here Yeah, you can park them side by side. Um, I could I could show you um an updated photo. I could find it. Um It's it's very easy to to fit two cars side by side in in my current driveway with with it expanded in front of our Our dilemma, Oliver is that we're Supposed to um approve parking spaces that are on your property and not in the city right of way And so that's that's that's the dilemma for us And that's why we ask if you have an opportunity to put it on your own property somewhere Yeah, um, I You know, it's it's it's limited. Um You know, I I don't have much yard to to play around with. Um I I put in a fence because of my dog and it you know, I don't have any backyard really it's Probably about, you know, 30 square feet in the way back but outside of that. There's really no other No other convenient places for for a driveway. I I suppose I can expand that that part by north view ridge um I'm definitely open to that Is yeah, I mean, it's hard with us without we don't have any information really that Clarifies that I'm trying to look at google earth here I can show a parcel map brad if you want It would help Have that So that's a property right there Yeah, yep And I I know the property well I I lived in this neighborhood for many years and saw this property multiple times a day every day, so yeah Yeah, that's so you kind of get a sense of the scale of the driveway But it's it's it's widened to the a little bit to the left and in general since that that picture is taken so I know I know that you guys can't approve of You know the parking space in the city city right away, but So yeah, you can you can see there with the with the line how without the garage the car is in the right away Yeah And then you can I guess I actually the paved lot in the north side Basically right above where it says vcg one that's the asphalt that I was talking about but only a small amount of it is actually on the applicant or the property It looked like there was more I think that's there because the um That road was always used for the city bus to turn around them before they changed the route Can we see the whole property scott? Is that? Oh, it's pretty close to it Oh, okay. That was yeah, I was just curious there um So there is some space to park the car on the I'm out of jason street But it'd be a different curb cut or something There's no curbs On north u uh ridge Curbs still called a curb cut Yeah, is there a specific proposal as to where to locate the Parking and it seems like we there's agreement that the current driveway is in the right away So I guess I'm just I'm interested in hearing what the proposal is for additional parking In my emails in july I suggested the space between the shed and the garage But we don't have a proposal on it. I mean that's Yeah, but that would work from your point of view Yeah, my hope um was to you know and what ted had mentioned and you know his recommendation is that I'd put gravel down in that space and um And and that would you know extend it? appropriately Is that between the tree in the garage or is that in front of the tree? That is um To the left of the front of the garage so kind of between the the shed if if you were to put gravel between the Shed in the garage and then you know out a little bit Is that big tree still there between the shed in the garage? Uh, yep Yeah, and I'm always reluctant to take trees away from that that because it's a you can't really tell but it's a ridge It's um, it's kind of that risk of eroding a lot. So I'm nervous about my my house and structures in the in the future okay So I think what would be helpful. I mean, this is an appeal of a zoning violation. We need to find a way to either You know uphold or resolve it it sounds like you think there's an alternate location that could work I'm interested in hearing from the city as to whether that would work But it would be helpful to see a site plan with the proposed revised Uh driveway on it so that someone can confirm that is uh doable and and that may resolve the issue Or any parking waivers possible because with ample parking on the street. Would that be something that you can do at a residential Building like this You know, it's possible, but it goes to the board right and it's up to you guys Um, so I'd point out that you guys are considering a violation notice as to what is the condition There are probably solutions that can be reached with the new application, but that would be handled separately What's in front of you tonight is just the appeal of the nob And And we can also we can't If i'm correct we cannot give a waiver for 100 of parking correct so okay, so um I guess we have enough information on the notice of violation But I think it would be up to the applicant to try to work with staff to Kathy to make the application for the Garage conversion and to find an acceptable location for the driveway that Should have beyond our here and here I I do want to ask the the the property owner, you know in the in the conclusion The request here is just an application Um for the proper permit And do you have any issue with With doing that application because that's really what that question here um, I I don't I I really just want to resolve this in any way that's fair and um You know, I I just hate the idea of that parking spot going to complete waste, but I guess um, and if that's kind of what i'm hearing is Probably going to happen. I i'm almost open to reinstalling the garage door to be frank um Because um, you know, it just seems like a waste of space at this point But would I be mistaken in that it's is that it's not just The garage door it's that the garage is no longer used like even if you put a garage door in it's no longer a garage I mean if you put a garage door in can you still park the car inside of it? Yep Yep, I guess still park the car in um Yeah, there's enough space. It's just um You know, it was really not much. I you know, I put flooring in and I insulated the place and that and that's it You know, it's it's got a a couch and a weight bench um, so easy stuff to move but You know, I'd almost rather do that than um, I know it's more expensive and more of a pain but Rather than go through all this this hassle So that that's the um, the resolution is for you to make an application To address these things. So however you want to do it. Um, that's fine But there is a ticking clock so to so to speak in terms of making an application for an acceptable resolution Okay, and that's just a zoning application Is there a technical term for that? Just so I'm just taking notes. That's a zoning application I would encourage you to talk to staff about working that out and how you want to do it Okay Any other questions from the board for either the applicant or Ted Ted did we cover everything that was in your notice? Yes Okay, well this is anything else. I'm going to close this uh public hearing And um, Oliver just you know, we will probably deliberate on this in a few minutes at the end of the hearing Okay, you can listen in you can't participate, but you can listen in on the deliberation I I appreciate your time. Thank you. Thank you Okay, um Moving on the next item on the agenda is 40 kingsland terrace Do we need to do to act on that because it's going back to the D. A. B The only action would be to defer to A date certain would be preferable or or indefinitely Do you have do you know Mary if there's a date certain here or no? I don't have a date certain I haven't made it through D. A. B. Yet, but I would imagine the next available D. R. B. Agenda we could schedule them on Okay, so do we need a motion to do that scott? You do because it was on the hearing notice in the agenda So you need to act to defer it to a date What's the next hearing date December 15th, I believe All right I just want to make motion to defer this to December 15th I move we defer to December 15th Don't move I can Brooks Discussion all in favor Opposed A. J. You're in favor of this one. A. J. Yeah, I said yes. Okay Okay, great. Thank you. And the next item is 75 cherry street Which is basically an appeal for an administrative determination regarding revinquishing a zoning permit And they have asked to defer this to December 15th Um, I didn't ask Brad. I think Jeff wants to recuse him. So I'm curious to Okay, yeah, and A. J. Both recused Is there anybody in the public here for this one scott? Uh, I don't know. Um, if there are you can raise your hands, but it has been a request to defer it. Yeah I do see uh, I do see one hand raised We are I think we are going to defer it. I was just curious to see if it was here for them. I And we're not doing it and it was never going to deal with the substance of the project. So technical application So we have to get a motion on this one also to defer to December 15th Correct. Can I have a motion from somebody on that? I'll move to defer 21-0354 AP 75 Cherry Street to December 15th And is there a second on that? Springer Discussion of this one All in favor opposed Well, you got through those Six items on the agenda pretty Very efficient reading Um, so, uh I'm going to close the hearing There is no other I don't know on the agenda. Um, Brad so the Yeah, just make just note that the joint institutional parking management plan will be on 1117 Anyone missed that earlier? Um, and uh Okay So I will close at the hearing the DRB hearing and um But we have Two items to uh, deliberate on Which is the Berlick to high school and um 2000 North Avenue. They're really okay if we deliberate on those two items now Yeah, so so and um, so We can do um So actually I guess Berlick high school was at in the end recommended for consent, but it didn't put on the consent item agenda so, um Brad technically I'm recused from 351. So I