Mayor & City Council

1 CITY OF COLLEGE PARK MARYLAND + + + + + CITY COUNCIL + + + + + REGULAR MAYOR AND COUNCIL MEETING: ORAL ARGUMENT IN CASE CPV-2019-03, GREGORY SEARS, 9604 51st Place + + + + + TUESDAY JULY 9, 2019 + + + + + The City of College Park Council convened a Regular Mayor and Council Meeting in Council Chambers, City Hall, 4500 Knox Road, College Park, Maryland, pursuant to notice at 7:30 p.m., Patrick L. Wojahn, Mayor, presiding. CITY COUNCIL MEMBERS PRESENT: PATRICK L. WOJAHN, Mayor P.J. BRENNAN, Member ROBERT W. DAY, Member MONROE DENNIS, Mayor Pro Temp FAZLUL KABIR, Member KATE KENNEDY, Member DUSTYN BURKART KUJAWA, Member JOHN RIGG, Member Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  2 STAFF PRESENT: YVETTE T. ALLEN, Assistant City Clerk BILL GARDINER, Assistant City Manager MIRIAM BADER, Senior Planner SUELLEN M. FERGUSON, City Attorney Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  3 1 P-R-O-C-E-E-D-I-N-G-S 2 8:16 p.m. 3 MAYOR WOJAHN: We will move on to the 4 first of our two oral arguments for the evening 5 and that is CPV-2019-03, relating to a request 6 for a variance at 9604 51st Place. And Ms. 7 Ferguson, will you be starting us off? 8 MS. FERGUSON: Thank you. Ms. Schum 9 usually takes this spot, and goes over the rules 10 for you for the hearings -- for both of the 11 hearings -- that will be held this evening, but 12 in her absence she has asked me to go over the 13 rules. 14 This is an appeal from the Advisory 15 Planning Commission, both of these variance cases 16 are. The order of presentation will be as 17 follows: you will have an orientation by planning 18 staff; oral argument against the recommendation 19 of the Advisory Planning Commission, and in both 20 of those it is the property owner, in these 21 cases; oral argument in favor of the 22 recommendation of the Advisory Planning Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  4 1 Commission, if any; and rebuttal, if any. 2 And then at the oral argument, on each 3 side, is limited to 30 minutes each. And no 4 person shall be given fewer than five minutes to 5 speak. So, the decision of the Mayor and Council 6 as to the recommendation of the APC, it must be 7 in writing, stating the reasons for your action 8 and you may accept, deny or modify the 9 recommendation of the APC, or return the variance 10 application to the APC for further testimony or 11 reconsideration. 12 MAYOR WOJAHN: Okay. Thank you, Ms. 13 Ferguson. Are there any questions about the 14 process? 15 I see none. We will proceed with Ms. 16 Bader to report on the request for a variance. 17 MS. BADER: Good evening, Mayor and 18 Council. For the record, Miriam Bader, Senior 19 Planner. 20 On April 4th, 2019, the Advisory 21 Planning Commission, which I will refer to as the 22 APC, conducted a hearing and recommended approval Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  5 1 of a variance of a front yard setback for an 2 existing front porch, with conditions, and denial 3 of a lot coverage variance. 4 Tonight there is an appeal by the 5 property owner concerning the recommendation of 6 denial of the lot coverage variance. 7 The property is located at 9604 51st 8 Place, in the Hollywood neighborhood, south of 9 Hollywood Road and east of Rhode Island Avenue. 10 The property, which is outlined in 11 blue and has that red dot, and immediate 12 neighborhood are all zoned R-55, which is shown 13 in yellow. 14 This is an aerial photograph of the 15 property. 16 This map shows the impervious surface 17 for the property and the adjoining properties. 18 The brown shows you the structures and the grey 19 shows you pavement. And then there is a lighter 20 grey that shows you -- it is a different kind of 21 pavement. The dark grey is asphalt and the 22 lighter grey could be, like, paving stones. Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  6 1 This is a curbside view of the 2 property. 3 The purpose of the request is to cover 4 an existing front porch concrete stoop, which is 5 four by 15, with a roof. The zoning ordinance 6 restricts maximum lot coverage to 30 percent and 7 specifies a minimum front yard setback of 25 8 feet. 9 The Applicant is requesting two 10 variances. One is to increase lot coverage from 11 a previously granted lot coverage variance for an 12 additional 1.91 percent, from 35.7 percent to 13 37.61 percent. And also, they are requesting to 14 reduce the minimum front yard setback by three 15 feet, from the 25 feet to 22 feet. 16 This is the site plan of the property. 17 What's outlined in red is where they would like 18 to cover the front porch. The property has a 19 skewed rectangular shape with each property line 20 having a different dimension. 21 The property's improved the one story, 22 single-family framed structure, a concrete stoop, Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  7 1 two sheds located side-by-side, for a total 2 square footage of 250 square feet. A driveway, a 3 concrete walkway and a concrete paver patio. The 4 concrete walkway and concrete paver patio range 5 in width from nine feet to 10' wide and are 6 connected to the driveway. 7 The existing house is a total area of 8 1,904 square feet and there is no basement. 9 This slide shows the 4' by 15' front 10 stoop porch that the Applicant would like to 11 cover with a roof in order to protect residence, 12 visitors and packages from inclement weather. 13 The Applicant has an increasing number 14 of packages delivered to his house and they are 15 getting wet from the rain. 16 This slide shows the house. The 17 original house was built in 1953. An addition 18 was constructed in 2007. You can also see the 19 retaining wall in the front yard to the north of 20 the steps. The Applicant appeared before the APC 21 in 2003 to validate his parking, to obtain a 22 permit to repair his roof. The Applicant was Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  8 1 granted variances from the minimum net lot area, 2 the minimum lot width, the front building line 3 and the minimum depth of both side areas combined 4 and the minimum side yard depth for the southern 5 side yard for an existing side yard deck. 6 The Applicant also appeared before the 7 APC in 2007 to request the following variances, 8 to construct a driveway and to build an addition. 9 He requested a 6.9 percent lot coverage variance, 10 a two foot minimum side yard setback variance for 11 the northern side yard and a waiver of the front 12 yard parking prohibition. 13 These variances were granted, except 14 the lot coverage request was reduced to 5.7 15 percent, with the condition that the smaller 8' 16 X 10' shed be removed. You can see on the slide, 17 in green was the shed to remain and then in red 18 was the shed that was requested as a condition to 19 be removed. 20 A hundred foot, square foot shed has 21 since been placed next to the 150 foot shed 22 without obtaining a permit and increasing lot Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  9 1 coverage to 36.7 percent. So, the APC granted 2 the lot coverage for --- to 35.7 percent with the 3 removal of the shed, and then this one was added, 4 so then it increased lot coverage. 5 This slide shows the two side-by-side 6 sheds located in the rear yard. And see this is 7 the one that was added. 8 MAYOR WOJAHN: Sorry, Ms. Bader, I'm 9 just trying to follow along here. So when this 10 additional shed was added, now it is at 36.7 11 percent lot coverage? 12 MS. BADER: Yes. 13 MAYOR WOJAHN: Okay. So it's in -- 14 so, it's currently not in compliance even without 15 the --- 16 MS. BADER: Yes, see this was what was 17 presented before to the APC, and then the APC 18 said, well, we'll give you part of the lot 19 coverage, just keep one of these sheds, remove 20 this one. And then over here, then this was 21 added. So, this was the one that was allowed to 22 remain and then this one was added. Okay. And Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  10 1 right, and then that went above what was 2 approved. 3 This slide just shows some of the 4 debris in the backyard. Just to get a feeling 5 for the character. 6 This shows you the front retaining 7 wall. If the height of the retaining wall in the 8 front yard is more than 36 inches, a railing 9 needs to be installed according to code, just 10 also background information. 11 This photo was taken from the rear 12 yard towards the street and this shows you -- 13 this is from the side yard, okay, facing the 14 street -- shows the pavers and the concrete 15 sidewalk that connects the driveway. 16 Staff is recommending a condition be 17 added to any variance approval that requires the 18 installation of a barrier, such as a concrete 19 planter or fence between the driveway and the 20 concrete walkway to ensure cars do not park on 21 the walkway, which is accessible -- which if 22 accessible to cars would be included against the Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  11 1 lot coverage. 2 So, in other words, this is not 3 currently parked on, and so I did not calculate 4 it as part of lot coverage because it only gets 5 calculated if you put a car on it. However, it 6 is possible they could put a car on it, so that 7 is why the recommendation of the APC was to add a 8 planter or something here to block it from the 9 driveway. The driveway is in front of this. 10 The APC recommended by a four to one 11 vote approval of the three foot front yard set- 12 back variance for a covered porch and denial of 13 the lot coverage variance, subject to the 14 following conditions: that within 180 days from 15 Mayor and Council approval of the variance the 16 Applicant must: 1) install a barrier such as a 17 concrete planter or fence between the driveway 18 and concrete walkway to ensure cars do not park 19 on the walkway, which, if accessible to cars in 20 the driveway, would have to be included in the 21 lot coverage calculation, and 2) submit a revised 22 site plan to the City Planning Department that Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  12 1 shows compliance with lot coverage not to exceed 2 35.7 percent prior to obtaining a county building 3 permit for the covered front porch. 4 This recommendation was based on 5 previously mentioned findings of facts and the 6 following conclusions of law. The first 7 conclusion of law, we -- I split it up by 8 variance --- so, first I will go over the setback 9 variance for the covered porch and then the 10 second would be the lot coverage variance. 11 12 Regarding the setback variance, the 13 siting -- the house is in exceptional condition. 14 The house is located to the front of the lot. 15 Any additional encroachment towards the street 16 would result in a violation of setback 17 requirements. So, it meets the criteria for the 18 covered porch. 19 Regarding lot coverage variance, the 20 APC concluded that there is no exceptional, nor 21 extraordinary condition to justify additional lot 22 coverage from what was previously granted. Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  13 1 Conclusion two -- one regarding the 2 setback variance -- the strict application of the 3 county zoning ordinance will result in a 4 practical difficulty for the Applicant by not 5 allowing a covered front stoop. The Applicant 6 seeking to protect his packages, residence and 7 visitors from inclement weather, which are 8 currently insufficiently protected due to the 9 very narrow roof overhang. And the second 10 conclusion regarding lot coverage -- the APC 11 concluded there would be no hardship or practical 12 difficulty on the Applicant if he complies with 13 the previous lot coverage variance that was 14 granted in 2007. 15 The third conclusion of law regarding 16 the setback, granting the three foot front yard 17 setback variance does not substantially impair 18 the intent purpose and integrity of any 19 applicable plans because the existing front stoop 20 will now be enlarged, and is already constructed 21 on an impervious surface. In addition, the three 22 foot setback variance is the minimum necessary to Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  14 1 adequately cover the front stoop. 2 Regarding the lot coverage variance, 3 increasing lot coverage beyond the previously 4 granted 35.7 percent, to the requested 37.61 5 percent, does impair the intent purpose and 6 integrity of applicable plans because the lot, 7 with the house addition, large shed and driveway 8 is becoming overbuilt for the neighborhood. This 9 concludes the review of the case. 10 The Applicant is here and he will 11 speak to this. 12 MAYOR WOJAHN: Okay, thank you, Ms. 13 Bader. So, I just want to make sure that we are 14 all clear. So the requested variance, would the 15 37.61 percent -- that would allow the shed to 16 remain -- all the sheds to remain that are there, 17 plus the front porch overhang? 18 MS. BADER: Correct. 19 MAYOR WOJAHN: The -- going with the 20 APC's decision -- if that were to be upheld, that 21 would allow for the front porch overhang, but 22 require the Applicant to remove a -- a portion -- Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  15 1 at least a portion of one of those sheds. 2 MS. BADER: Correct, correct. It 3 might be all of the shed, or he might have to 4 come up with a new configuration, maybe reduce 5 both of them and replace it with something new, 6 but he needs to do something with the sheds, 7 correct. 8 MAYOR WOJAHN: Okay. All right, thank 9 you, Ms. Bader. Are there additional questions 10 for staff? Dr. Kabir. 11 MEMBER KABIR: So, thank you for the 12 presentation. What is the standard lot coverage 13 limit? Is it 30 percent? 14 MS. BADER: Yes, correct, 30 percent. 15 MEMBER KABIR: Okay, so they are 16 already over the limit, like --- 17 (Simultaneous speaking.) 18 MS. BADER: Right. He has already 19 requested a variance once from APC and they --- 20 MEMBER KABIR: But APC can accept up 21 to 35.7 percent, with some conditions? 22 MS. BADER: Yes, so that's what was Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  16 1 previously granted. 2 MEMBER KABIR: Okay. 3 MS. BADER: So it would just keep it 4 to what it was previously granted. 5 MEMBER KABIR: Okay. And APC also 6 agreed to have the porch -- or the covers, at the 7 front, as well, correct? 8 MS. BADER: Oh, in -- for this brand 9 new variance? Yes. The APC voted for the set- 10 back, because the concrete porch is already 11 there --- 12 MEMBER KABIR: Already there --- 13 (Simultaneous speaking.) 14 MS. BADER: -- so the -- what he is 15 asking for is just to put a roof over it -- it 16 doesn't increase the lot coverage, because the 17 stoop is already there. 18 (Simultaneous speaking.) 19 MEMBER KABIR: Yes, what he is 20 covering is concrete --- so it is already -- 21 MS. BADER: Yes, it's already 22 concrete, so --- Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  17 1 MEMBER KABIR: -- it doesn't really 2 make sense --- 3 MEMBER KENNEDY: It doesn't count. 4 MS. BADER: I'm sorry? 5 MEMBER KABIR: It does count, right? 6 Because it is concrete. 7 MS. BADER: Okay, you're right. It -- 8 yes, you are right. Technically it doesn't 9 count, but in terms of environment, it is 10 impervious. So, the roof doesn't increase the 11 amount of impervious. The way our ordinance is 12 written, Ms. Kennedy, is -- Ms. Kennedy is right 13 in that it doesn't count against lot coverage. 14 MEMBER KABIR: If a grassy surface is 15 covered by concrete, so that increases the 16 coverage, or rather, decreases the coverage, 17 right? 18 MEMBER RIGG: It depends. It depends 19 --- 20 MEMBER KABIR: It depends on if it is 21 impervious or not? 22 MEMBER RIGG: It depends on what you Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  18 1 do with it, right? If you walk on it, if it is a 2 patio, it doesn't count against lot coverage. 3 MEMBER KABIR: All right. 4 MEMBER RIGG: If it is a walkway it 5 doesn't count against lot coverage, but if you 6 park your car it does, which is why they have the 7 wall. 8 MS. BADER: So, if you think about it 9 environmentally, there is pervious surface and 10 impervious -- so, it's impervious. But according 11 to the way the ordinance is written, it is only 12 when it's roofed or if a car can go on it. Then 13 the zoning ordinance definition applies. 14 MEMBER KABIR: You've got it covered, 15 okay, and see, that's -- in this case it's not 16 covered because it's not --- 17 MS. BADER: Right. 18 MEMBER KABIR: It's not a driveway 19 that can --- 20 MS. BADER: Right -- as it stands 21 today it's not roofed, so they --- 22 MEMBER KABIR: Thank you. Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  19 1 MAYOR WOJAHN: So, you've got Ms. 2 Kennedy and then Mr. Rigg. 3 MS. KENNEDY: I just wanted to 4 confirm, it was the same owner over this history 5 that you were talking about, right? Okay. 6 (Simultaneous speaking.) 7 MS. BADER: Correct. Yes. 8 MAYOR WOJAHN: Mr. Rigg? 9 MEMBER RIGG: I just wanted to clarify 10 for Council and Ms. Bader should feel free to 11 correct me -- or -- I think, you know, to meet 12 the 35 percent threshold wouldn't necessarily 13 mean that he has to do something with the shed. 14 He could do something with another part of the 15 impervious surface that is used for parking upon. 16 It just has to meet the threshold, you know, 17 through the sum total of impervious surfaces 18 excluding walkways and patios -- and, yeah. 19 MS. BADER: Yes, that is absolutely 20 correct. So, he could reduce his driveway. 21 MEMBER RIGG: Right, so it's a slight 22 modification to what you had asserted, but I Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  20 1 wanted to make sure that Council were aware that 2 that's an option that is available to the 3 Applicant, should we keep the APC ruling. 4 MS. BADER: Right. So the APC was 5 discussing, should we just require him to remove 6 that additional shed, or should we -- but then we 7 just decided to leave it up to the Applicant -- 8 that he could, you know -- as long as he can get 9 the number back to what was approved with the 10 other APC case in 2007. 11 MAYOR WOJAHN: Okay. Any further 12 questions for Ms. Bader? 13 All right. So now I will invite the 14 Applicant, Mr. Sears, to come forward and 15 present. 16 Good evening, sir, one thing before 17 you start. We have some rules that we have to 18 follow with these proceedings and one is that we 19 can only talk about things that are currently on 20 the record in the case. So, we can't hear any 21 additional evidence other than what you presented 22 to the Advisory Planning Commission. Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  21 1 MR. SEARS: Yup. 2 MAYOR WOJAHN: And if you go beyond 3 that then I am going to have to stop you and, so 4 I appreciate your cooperation and, with that 5 proceed. 6 MR. SEARS: Ah, what do you need to 7 know, I mean --- 8 MAYOR WOJAHN: Just anything that you 9 want to say in support of your case -- your 10 application for a variance --- 11 (Simultaneous speaking.) 12 MR. SEARS: Well, I mean, they say 13 that it's not going to be a hardship. I feel it 14 is a hardship. I can't feel how they can 15 determine from their livelihood, or their life, 16 what is a hardship on me. I feel not having a 17 porch --- a covered porch -- is a hardship. 18 I mean, that is basically it. They 19 are determining my -- what is going to affect me 20 by what affects them. I don't think that is 21 fair. That is my feeling on the whole subject. 22 MAYOR WOJAHN: All right. Thank you, Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  22 1 Mr. Sears. I'll open it up for questions from 2 the Council. Mr. Sears, Dr. Kabir. 3 MEMBER KABIR: I hope I am within the 4 record. So, looks like we are pretty close what 5 APC has decided and what you have been asking. 6 There has been -- he's currently non-compliant 7 with 37.6 percent of coverage, but APC has agreed 8 to have 35.7 percent, which is not a big 9 difference. So, one way, as my colleague 10 suggested, to reduce the problem, reduce the 11 driveway area, to be compliant. You can keep the 12 shed, but reduce the driveway. Would that be an 13 option? 14 MR. SEARS: If I reduce my driveway it 15 will become useless because my car -- my truck is 16 already -- what is -- it is an Avalanche, and it 17 is already only giving me a foot on either side 18 of the truck if I park in it. So if I reduce it, 19 where am I going to park it? I have, you know, 20 that's -- reducing the driveway would become a 21 hardship, see? 22 MEMBER KABIR: Can you cannot park two Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  23 1 cars, two vehicles, that's the only --- 2 (Simultaneous speaking.) 3 MR. SEARS: No, it's only big enough 4 for one vehicle. 5 MEMBER KABIR: So, only one vehicle. 6 MR. SEARS: It's only a vehicle big 7 enough for one vehicle. It's ten by, I don't 8 know, fifteen or so. It is only big enough for 9 one vehicle. I mean, I wish I could show 10 pictures, but -- I wish I could show pictures of 11 it, but if my truck is, my truck is parked there 12 --- 13 MEMBER KABIR: Here is the driveway -- 14 - 15 MR. SEARS: Yeah, if my truck is 16 there, the whole thing is covered. So, making it 17 smaller, I mean, it's already standard size for a 18 driveway. Making it smaller becomes pointless to 19 have a driveway. 20 MAYOR WOJAHN: Ms. Kennedy, do you 21 have any? Any additional questions for the 22 Applicant? I guess, maybe staff could address Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  24 1 this if, so how much, -- right now he is 2 currently -- if you were to add on to the front 3 porch overhang it would be a 37 point -- it would 4 be a 37.61 percent coverage. What would he -- 5 how much -- how many square feet of driveway, if 6 he were to reduce the driveway? How many square 7 feet of driveway would he have to take off to 8 come into compliance then, with the current 9 variance? 10 MS. FERGUSON: You need a microphone. 11 MS. BADER: I'm looking at my notes 12 and if I'm reading it right, then he's 62 square 13 feet over. So he needs to reduce 62 square feet. 14 MAYOR WOJAHN: And what are the --- 15 MS. BADER: So, you know, he could 16 reduce the -- he could remove that additional 17 shed. I do agree with the driveway, it is ten by 18 18 feet. When you look at the slide, that part 19 that looks longer, this was what I was talking 20 about before -- that we were talking about 21 putting a barrier right here, because this part 22 was not in the calculation. I only counted this Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  25 1 part of the driveway -- ten by 18. Okay? So --- 2 MAYOR WOJAHN: So, he has to take out 3 about four feet of driveway to be in compliance - 4 - he'd have a six feet wide driveway then, right? 5 MS. BADER: Ten by seven -- I'm sorry, 6 what was your --- 7 MAYOR WOJAHN: You said it was ten by 8 18, so to reduce 62 square feet you would have to 9 reduce about four feet of the width, so you would 10 be at a six foot wide driveway. 11 (Simultaneous speaking.) 12 MEMBER KABIR: Between three and four 13 feet. 14 MAYOR WOJAHN: Hm? 15 MEMBER KABIR: Between three and four 16 feet. 17 MAYOR WOJAHN: Between three and four 18 feet, yeah, so you would have to -- or reduce 19 some of the length of it, but that would -- then 20 it wouldn't come as far as -- that would be -- 21 MS. BADER: Yes, I don't --- 22 MAYOR WOJAHN: -- he'd have to reduce Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  26 1 about six and a half square feet at the end. 2 MS. BADER: The standard recommended 3 width is 10 feet, so I wouldn't reduce that. 4 MAYOR WOJAHN: Yeah, you wouldn't want 5 to narrow it -- but you could -- I suppose you 6 could reduce about six and a half square feet at 7 the -- at the end. 8 MS. BADER: Yeah. 9 MAYOR WOJAHN: And it's 18 square 10 feet, so that would put you at about 12 feet 11 long? I mean --- 12 MS. BADER: Right, a typical parking 13 space is nine by 18, so -- 14 MAYOR WOJAHN: Okay, so you're not 15 really -- you can't -- you wouldn't really be 16 able to fit anything there, if you --- 17 MS. BADER: Yeah, right. Pretty much 18 what he has -- ten by 18 is like your typical 19 parking space for one car, so --- 20 MAYOR WOJAHN: So, what he said is 21 accurate, that he really can't reduce the 22 driveway. Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  27 1 MS. BADER: Right. No, that's true. 2 MAYOR WOJAHN: Okay. Any additional 3 questions from the Council? 4 Okay. All right. Thank you, Mr. 5 Sears. I will open it up for discussion from the 6 Council and I'll proceed. Ms. Kennedy? 7 MEMBER KENNEDY: I will just -- thank 8 you, Mr. Sears, for coming out and speaking. I 9 know -- and I appreciate you speaking to the 10 hardship and I know that this is difficult and 11 making these adjustments to your home -- it is 12 important. I -- myself and others up here have 13 been on the APC before and we've gone through 14 these, and we know -- and I read the transcript 15 here, and I know how much they worked and how 16 much Ms. Bader worked to try to come to a 17 resolution and work with you and I appreciate 18 that. I appreciate you working with them and 19 them working with you. 20 I tend to agree with the APC's 21 decision, in general, not just here. And I think 22 tonight would be no different. It is important - Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  28 1 - this lot coverage to me is very important when 2 it comes to storm water management, and being 3 able to make sure that rain that comes down, it 4 seeps into the ground where it drops to the 5 ground and when there is so much concrete in a 6 space like this, and there is -- I think Ms. 7 Bader is being pretty lenient, in that she is not 8 counting a lot of the walkways -- which you could 9 probably technically count if you tried, some of 10 that -- some of that, walkway, against lot 11 coverage. So, for me it is really important to 12 make sure that we try to keep with -- as best we 13 can, the lower lot coverage. 14 So, for me tonight, I will be 15 supporting the APC's decision. I hope that you 16 will consider and find a way to reduce lot 17 coverage in other parts of your property so that 18 you can. I understand the hardship of wanting, 19 or the need to have a covered porch and I think 20 there is other ways, it looks like here, that you 21 can adjust for that. 22 So, thank you for coming out. I Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  29 1 appreciate that and I appreciate the staff 2 working with you to make that happen. 3 MAYOR WOJAHN: Thank you, Ms. Kennedy. 4 Other discussion? Mr. Rigg? 5 MEMBER RIGG: I move to affirm the APC 6 decision as described in the packet. 7 MAYOR WOJAHN: Okay. There is a 8 motion. Is there a second? 9 MEMBER KENNEDY: Second. 10 MAYOR WOJAHN: Seconded by Ms. 11 Kennedy. Further discussion, Mr. Rigg? 12 MEMBER RIGG: No, I think, you know, 13 look through the transcript -- I think Ms. 14 Kennedy described my concern just as well. 15 I tend to be fairly dogmatic about lot 16 coverage. I've always been willing to consider 17 small variances, but in particular in this case 18 since we have a lot coverage overage that 19 occurred as a result as an unlicensed, or an un- 20 permitted variance, it is troubling for me to, 21 sort of, affirm that. 22 So, I think, you know, staff has been Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  30 1 very accommodating with prior applicants and I'm 2 sure will continue to be accommodating with Mr. 3 Sears to help him understand what his options 4 might be, to be able to meet that lot coverage 5 requirement. But it is something that I think is 6 important for our city, since we already have 7 such substantial storm water management issues. 8 MAYOR WOJAHN: All right, thank you, 9 Mr. Rigg for the discussion. Dr. Kabir? 10 MEMBER KABIR: I have a question -- I 11 have questions. Mr. Sears can still build a 12 porch, right? 13 MS. BADER: Yes. Our recommendation 14 was that he be allowed to roof the porch. The 15 shed is ten by 25 -- and remember he is 62 over, 16 so the shed is 250 square feet. 17 MEMBER KABIR: Okay. 18 MS. BADER: So we were really leaning 19 towards -- if he removes part of the shed, then 20 he can do his front porch. 21 MEMBER KABIR: Comply with the lot 22 coverage --- yeah. Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  31 1 MS. BADER: Right, right, by reducing 2 the shed. 3 MEMBER KABIR: Thank you. 4 MAYOR WOJAHN: Thank you, Dr. Kabir, 5 for the discussion. Seeing none, I'll call the 6 question. All in favor say, aye. 7 (Chorus of aye.) 8 MAYOR WOJAHN: Opposed? 9 Abstentions? 10 Motion carries. All right, thank you 11 very much, Mr. Sears. The staff will work with 12 you on what the requirements of the Advisory 13 Planning Commission are. I know they offered you 14 the flexibility to decide how to get back to the 15 lot coverage restrictions, so, it sounds like you 16 may have some options. But, the staff will work 17 with you on that and I am getting site plan 18 together on how to proceed. 19 (Whereupon, the above-entitled matter 20 was concluded at 8:43 p.m.) 21 22 Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  32 A approval 4:22 10:17 calculation 11:21 24:22 continue 30:2 able 26:16 28:3 30:4 11:11,15 call 31:5 convened 1:11 above-entitled 31:19 approved 10:2 20:9 car 11:5,6 18:6,12 cooperation 21:4 absence 3:12 April 4:20 22:15 26:19 correct 14:18 15:2,2,7 absolutely 19:19 area 7:7 8:1 22:11 carries 31:10 15:14 16:7 19:7,11,20 Abstentions 31:9 areas 8:3 cars 10:20,22 11:18,19 Council 1:3,5,11,11,12 accept 4:8 15:20 argument 1:6 3:18,21 23:1 1:14 4:5,18 11:15 accessible 10:21,22 4:2 case 1:6 14:9 18:15 19:10 20:1 22:2 27:3 11:19 arguments 3:4 20:10,20 21:9 29:17 27:6 accommodating 30:1,2 asked 3:12 cases 3:15,21 count 17:3,5,9,13 18:2 accurate 26:21 asking 16:15 22:5 Chambers 1:12 18:5 28:9 action 4:7 asphalt 5:21 character 10:5 counted 24:22 add 11:7 24:2 asserted 19:22 Chorus 31:7 counting 28:8 added 9:3,7,10,21,22 Assistant 2:2,2 city 1:1,3,11,12,14 2:2,2 county 12:2 13:3 10:17 Attorney 2:3 2:3 11:22 30:6 cover 6:3,18 7:11 14:1 addition 7:17 8:8 13:21 available 20:2 clarify 19:9 coverage 5:3,6 6:6,10 14:7 Avalanche 22:16 clear 14:14 6:11 8:9,14 9:1,2,4,11 additional 6:12 9:10 Avenue 5:9 Clerk 2:2 9:19 11:1,4,13,21 12:15,21 15:9 20:6,21 aware 20:1 close 22:4 12:1,10,19,22 13:10 23:21 24:16 27:2 aye 31:6,7 code 10:9 13:13 14:2,3 15:12 address 23:22 colleague 22:9 16:16 17:13,16,16 B College 1:1,11,12 18:2,5 22:7 24:4 28:1 adequately 14:1 adjoining 5:17 back 11:12 16:10 20:9 combined 8:3 28:11,13,17 29:16,18 adjust 28:21 31:14 come 15:4 20:14 24:8 30:4,22 31:15 adjustments 27:11 background 10:10 25:20 27:16 covered 11:12 12:3,9 Advisory 3:14,19,22 backyard 10:4 comes 28:2,3 12:18 13:5 17:15 4:20 20:22 31:12 Bader 2:3 4:16,17,18 coming 27:8 28:22 18:14,16 21:17 23:16 aerial 5:14 9:8,12,16 14:13,18 Commission 3:15,19 28:19 affect 21:19 15:2,9,14,18,22 16:3 4:1,21 20:22 31:13 covering 16:20 affirm 29:5,21 16:8,14,21 17:4,7 compliance 9:14 12:1 covers 16:6 agree 24:17 27:20 18:8,17,20 19:7,10,19 24:8 25:3 CPV-2019-03 1:6 3:5 agreed 16:6 22:7 20:4,12 24:11,15 25:5 compliant 22:11 criteria 12:17 Ah 21:6 25:21 26:2,8,12,17 complies 13:12 curbside 6:1 ALLEN 2:2 27:1,16 28:7 30:13,18 Comply 30:21 current 24:8 allow 14:15,21 31:1 concern 29:14 currently 9:14 11:3 allowed 9:21 30:14 barrier 10:18 11:16 concerning 5:5 13:8 20:19 22:6 24:2 allowing 13:5 24:21 concluded 12:20 13:11 based 12:4 31:20 D amount 17:11 APC 4:6,9,10,22 7:20 basement 7:8 concludes 14:9 dark 5:21 8:7 9:1,17,17 11:7,10 basically 21:18 conclusion 12:7 13:1 DAY 1:16 12:20 13:10 15:19,20 becoming 14:8 13:10,15 days 11:14 16:5,9 20:3,4,10 22:5 best 28:12 conclusions 12:6 debris 10:4 22:7 27:13 29:5 beyond 14:3 21:2 concrete 6:4,22 7:3,3,4 decide 31:14 APC's 14:20 27:20 big 22:8 23:3,6,8 7:4 10:14,18,20 11:17 decided 20:7 22:5 28:15 BILL 2:2 11:18 16:10,20,22 decision 4:5 14:20 appeal 3:14 5:4 block 11:8 17:6,15 28:5 27:21 28:15 29:6 appeared 7:20 8:6 blue 5:11 condition 8:15,18 10:16 deck 8:5 applicable 13:19 14:6 brand 16:8 12:13,21 decreases 17:16 Applicant 6:9 7:10,13 BRENNAN 1:15 conditions 5:2 11:14 definition 18:13 7:20,22 8:6 11:16 brown 5:18 15:21 delivered 7:14 13:4,5,12 14:10,22 build 8:8 30:11 conducted 4:22 denial 5:2,6 11:12 20:3,7,14 23:22 building 8:2 12:2 configuration 15:4 DENNIS 1:16 applicants 30:1 built 7:17 confirm 19:4 deny 4:8 application 4:10 13:2 BURKART 1:18 connected 7:6 Department 11:22 21:10 connects 10:15 depends 17:18,18,20 applies 18:13 C consider 28:16 29:16 17:22 appreciate 21:4 27:9,17 calculate 11:3 construct 8:8 depth 8:3,4 27:18 29:1,1 calculated 11:5 constructed 7:18 13:20 described 29:6,14 Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  33 determine 21:15 4:13 24:10 height 10:7 27:6,7 29:3,9,11,14 determining 21:19 fewer 4:4 held 3:11 Knox 1:12 difference 22:9 fifteen 23:8 help 30:3 KUJAWA 1:18 different 5:20 6:20 find 28:16 history 19:4 27:22 findings 12:5 Hm 25:14 L difficult 27:10 first 3:4 12:6,8 Hollywood 5:8,9 L 1:13,15 difficulty 13:4,12 fit 26:16 home 27:11 large 14:7 dimension 6:20 five 4:4 hope 22:3 28:15 law 12:6,7 13:15 discussing 20:5 flexibility 31:14 house 7:7,14,16,17 leaning 30:18 discussion 27:5 29:4 follow 9:9 20:18 12:13,14 14:7 leave 20:7 29:11 30:9 31:5 following 8:7 11:14 hundred 8:20 length 25:19 dogmatic 29:15 12:6 lenient 28:7 dot 5:11 follows 3:17 I life 21:15 Dr 15:10 22:2 30:9 31:4 foot 8:10,20,20,21 immediate 5:11 lighter 5:19,22 driveway 7:2,6 8:8 11:11 13:16,22 22:17 impair 13:17 14:5 limit 15:13,16 10:15,19 11:9,9,17,20 25:10 impervious 5:16 13:21 limited 4:3 14:7 18:18 19:20 footage 7:2 17:10,11,21 18:10,10 line 6:19 8:2 22:11,12,14,20 23:13 forward 20:14 19:15,17 livelihood 21:15 23:18,19 24:5,6,7,17 four 6:5 11:10 25:3,9,12 important 27:12,22 located 5:7 7:1 9:6 25:1,3,4,10 26:22 25:15,17 28:1,11 30:6 12:14 drops 28:4 framed 6:22 improved 6:21 long 20:8 26:11 due 13:8 free 19:10 inches 10:8 longer 24:19 DUSTYN 1:18 front 5:1,2 6:4,7,14,18 inclement 7:12 13:7 look 24:18 29:13 7:9,19 8:2,11 10:6,8 included 10:22 11:20 looking 24:11 E 11:9,11 12:3,14 13:5 increase 6:10 16:16 looks 22:4 24:19 28:20 east 5:9 13:16,19 14:1,17,21 17:10 lot 5:3,6 6:6,10,11 8:1,2 either 22:17 16:7 24:2 30:20 increased 9:4 8:9,14,22 9:2,4,11,18 encroachment 12:15 further 4:10 20:11 increases 17:15 11:1,4,13,21 12:1,10 enlarged 13:20 29:11 increasing 7:13 8:22 12:14,19,21 13:10,13 ensure 10:20 11:18 14:3 14:2,3,6 15:12 16:16 environment 17:9 G information 10:10 17:13 18:2,5 28:1,8 environmentally 18:9 GARDINER 2:2 install 11:16 28:10,13,16 29:15,18 evening 3:4,11 4:17 general 27:21 installation 10:18 30:4,21 31:15 20:16 getting 7:15 31:17 installed 10:9 lower 28:13 evidence 20:21 give 9:18 insufficiently 13:8 exceed 12:1 given 4:4 integrity 13:18 14:6 M exceptional 12:13,20 giving 22:17 intent 13:18 14:5 M 2:3 excluding 19:18 granted 6:11 8:1,13 9:1 invite 20:13 making 23:16,18 27:11 existing 5:2 6:4 7:7 8:5 12:22 13:14 14:4 16:1 Island 5:9 management 28:2 30:7 13:19 16:4 issues 30:7 Manager 2:2 extraordinary 12:21 granting 13:16 map 5:16 grassy 17:14 J Maryland 1:1,12 F green 8:17 JOHN 1:18 matter 31:19 facing 10:13 GREGORY 1:6 JULY 1:9 maximum 6:6 facts 12:5 grey 5:18,20,21,22 justify 12:21 Mayor 1:5,11,13,15,16 fair 21:21 ground 28:4,5 3:3 4:5,12,17 9:8,13 fairly 29:15 guess 23:22 K 11:15 14:12,19 15:8 far 25:20 Kabir 1:17 15:10,11,15 19:1,8 20:11 21:2,8 favor 3:21 31:6 H 15:20 16:2,5,12,19 21:22 23:20 24:14 FAZLUL 1:17 half 26:1,6 17:1,5,14,20 18:3,14 25:2,7,14,17,22 26:4 feel 19:10 21:13,14,16 Hall 1:12 18:18,22 22:2,3,22 26:9,14,20 27:2 29:3 feeling 10:4 21:21 happen 29:2 23:5,13 25:12,15 30:9 29:7,10 30:8 31:4,8 feet 6:8,15,15,15 7:2,5 hardship 13:11 21:13 30:10,17,21 31:3,4 mean 19:13 21:7,12,18 7:8 24:5,7,13,13,18 21:14,16,17 22:21 KATE 1:17 23:9,17 26:11 25:3,4,8,9,13,16,18 27:10 28:18 keep 9:19 16:3 20:3 meet 19:11,16 30:4 26:1,3,6,10,10 30:16 hear 20:20 22:11 28:12 Meeting 1:5,11 fence 10:19 11:17 hearing 4:22 Kennedy 1:17 17:3,12 meets 12:17 Ferguson 2:3 3:7,8 hearings 3:10,11 17:12 19:2,3 23:20 Member 1:15,16,17,17 Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  34 1:18,18 15:11,15,20 24:3 present 1:14 2:1 20:15 24:6,13,16 25:8,9,18 16:2,5,12,19 17:1,3,5 owner 3:20 5:5 19:4 presentation 3:16 25:22 26:3,6,21 28:16 17:14,18,20,22 18:3,4 15:12 reduced 8:14 18:14,18,22 19:9,21 P presented 9:17 20:21 reducing 22:20 31:1 22:3,22 23:5,13 25:12 P-R-O-C-E-E-D-I-N-G-S presiding 1:13 refer 4:21 25:15 27:7 29:5,9,12 3:1 pretty 22:4 26:17 28:7 regarding 12:12,19 30:10,17,21 31:3 P.J 1:15 previous 13:13 13:1,10,15 14:2 MEMBERS 1:14 p.m 1:13 3:2 31:20 previously 6:11 12:5,22 Regular 1:5,11 mentioned 12:5 packages 7:12,14 13:6 14:3 16:1,4 relating 3:5 microphone 24:10 packet 29:6 prior 12:2 30:1 remain 8:17 9:22 14:16 minimum 6:7,14 8:1,2,3 park 1:1,11,12 10:20 Pro 1:16 14:16 8:4,10 13:22 11:18 18:6 22:18,19 probably 28:9 remember 30:15 minutes 4:3,4 22:22 problem 22:10 removal 9:3 Miriam 2:3 4:18 parked 11:3 23:11 proceed 4:15 21:5 27:6 remove 9:19 14:22 20:5 modification 19:22 parking 7:21 8:12 19:15 31:18 24:16 modify 4:8 26:12,19 proceedings 20:18 removed 8:16,19 MONROE 1:16 part 9:18 11:4 19:14 process 4:14 removes 30:19 motion 29:8 31:10 24:18,21 25:1 30:19 prohibition 8:12 repair 7:22 move 3:3 29:5 particular 29:17 properties 5:17 replace 15:5 parts 28:17 property 3:20 5:5,7,10 report 4:16 N patio 7:3,4 18:2 5:15,17 6:2,16,18,19 request 3:5 4:16 6:3 8:7 narrow 13:9 26:5 patios 19:18 28:17 8:14 necessarily 19:12 Patrick 1:13,15 property's 6:21 requested 8:9,18 14:4 necessary 13:22 pavement 5:19,21 protect 7:11 13:6 14:14 15:19 need 21:6 24:10 28:19 paver 7:3,4 protected 13:8 requesting 6:9,13 needs 10:9 15:6 24:13 pavers 10:14 purpose 6:3 13:18 14:5 require 14:22 20:5 neighborhood 5:8,12 paving 5:22 pursuant 1:12 requirement 30:5 14:8 percent 6:6,12,12,13 put 11:5,6 16:15 26:10 requirements 12:17 net 8:1 8:9,15 9:1,2,11 12:2 putting 24:21 31:12 new 15:4,5 16:9 14:4,5,15 15:13,14,21 requires 10:17 nine 7:5 26:13 19:12 22:7,8 24:4 Q residence 7:11 13:6 non-compliant 22:6 permit 7:22 8:22 12:3 question 30:10 31:6 resolution 27:17 north 7:19 permitted 29:20 questions 4:13 15:9 restrictions 31:15 northern 8:11 person 4:4 20:12 22:1 23:21 27:3 restricts 6:6 notes 24:11 pervious 18:9 30:11 result 12:16 13:3 29:19 notice 1:12 photo 10:11 retaining 7:19 10:6,7 number 7:13 20:9 photograph 5:14 R return 4:9 pictures 23:10,10 R-55 5:12 review 14:9 O Place 1:6 3:6 5:8 railing 10:8 revised 11:21 obtain 7:21 placed 8:21 rain 7:15 28:3 Rhode 5:9 obtaining 8:22 12:2 plan 6:16 11:22 31:17 range 7:4 Rigg 1:18 17:18,22 18:4 occurred 29:19 Planner 2:3 4:19 read 27:14 19:2,8,9,21 29:4,5,11 offered 31:13 planning 3:15,17,19,22 reading 24:12 29:12 30:9 once 15:19 4:21 11:22 20:22 rear 9:6 10:11 Road 1:12 5:9 open 22:1 27:5 31:13 reasons 4:7 ROBERT 1:16 Opposed 31:8 plans 13:19 14:6 rebuttal 4:1 roof 6:5 7:11,22 13:9 option 20:2 22:13 planter 10:19 11:8,17 recommendation 3:18 16:15 17:10 30:14 options 30:3 31:16 plus 14:17 3:22 4:6,9 5:5 11:7 roofed 18:12,21 oral 1:6 3:4,18,21 4:2 point 24:3 12:4 30:13 rules 3:9,13 20:17 order 3:16 7:11 pointless 23:18 recommended 4:22 ruling 20:3 ordinance 6:5 13:3 porch 5:2 6:4,18 7:10 11:10 26:2 17:11 18:11,13 11:12 12:3,9,18 14:17 recommending 10:16 S orientation 3:17 14:21 16:6,10 21:17 reconsideration 4:11 Schum 3:8 original 7:17 21:17 24:3 28:19 record 4:18 20:20 22:4 Sears 1:6 20:14 21:1,6 outlined 5:10 6:17 30:12,14,20 rectangular 6:19 21:12 22:1,2,14 23:3 overage 29:18 portion 14:22 15:1 red 5:11 6:17 8:17 23:6,15 27:5,8 30:3 overbuilt 14:8 possible 11:6 reduce 6:14 15:4 19:20 30:11 31:11 overhang 13:9 14:17,21 practical 13:4,11 22:10,10,12,14,18 second 12:10 13:9 29:8 Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  35 29:9 24:5,6,12,13 25:8 today 18:21 went 10:1 Seconded 29:10 26:1,6,9 30:16 tonight 5:4 27:22 28:14 wet 7:15 Seeing 31:5 staff 2:1 3:18 10:16 total 7:1,7 19:17 wide 7:5 25:4,10 seeking 13:6 15:10 23:22 29:1,22 transcript 27:14 29:13 width 7:5 8:2 25:9 26:3 seeps 28:4 31:11,16 tried 28:9 willing 29:16 Senior 2:3 4:18 standard 15:12 23:17 troubling 29:20 wish 23:9,10 sense 17:2 26:2 truck 22:15,18 23:11,11 Wojahn 1:13,15 3:3 set- 11:11 16:9 stands 18:20 23:15 4:12 9:8,13 14:12,19 setback 5:1 6:7,14 8:10 start 20:17 true 27:1 15:8 19:1,8 20:11 12:8,12,16 13:2,16,17 starting 3:7 try 27:16 28:12 21:2,8,22 23:20 24:14 13:22 stating 4:7 trying 9:9 25:2,7,14,17,22 26:4 seven 25:5 steps 7:20 TUESDAY 1:8 26:9,14,20 27:2 29:3 shape 6:19 stones 5:22 two 3:4 6:9 7:1 8:10 9:5 29:7,10 30:8 31:4,8 shed 8:16,17,18,20,21 stoop 6:4,22 7:10 13:5 13:1 22:22 23:1 words 11:2 9:3,10 14:7,15 15:3 13:19 14:1 16:17 typical 26:12,18 work 27:17 31:11,16 19:13 20:6 22:12 stop 21:3 worked 27:15,16 24:17 30:15,16,19 storm 28:2 30:7 U working 27:18,19 29:2 31:2 story 6:21 un- 29:19 wouldn't 19:12 25:20 sheds 7:1 9:6,19 14:16 street 10:12,14 12:15 understand 28:18 30:3 26:3,4,15 15:1,6 strict 13:2 unlicensed 29:19 writing 4:7 show 23:9,10 structure 6:22 upheld 14:20 written 17:12 18:11 shown 5:12 structures 5:18 useless 22:15 shows 5:16,18,19,20 subject 11:13 21:21 usually 3:9 X 7:9,16 9:5 10:3,6,12 submit 11:21 X 8:16 10:14 12:1 substantial 30:7 V side 4:3 8:3,4,5,5,10,11 substantially 13:17 validate 7:21 Y 10:13 22:17 SUELLEN 2:3 variance 3:6,15 4:9,16 yard 5:1 6:7,14 7:19 8:4 side-by-side 7:1 9:5 suggested 22:10 5:1,3,6 6:11 8:9,10 8:5,5,10,11,12 9:6 sidewalk 10:15 sum 19:17 10:17 11:12,13,15 10:8,12,13 11:11 Simultaneous 15:17 support 21:9 12:8,9,10,12,19 13:2 13:16 16:13,18 19:6 21:11 supporting 28:15 13:13,17,22 14:2,14 yellow 5:13 23:2 25:11 suppose 26:5 15:19 16:9 21:10 24:9 Yup 21:1 single-family 6:22 surface 5:16 13:21 29:20 YVETTE 2:2 sir 20:16 17:14 18:9 19:15 variances 6:10 8:1,7,13 site 6:16 11:22 31:17 surfaces 19:17 29:17 Z siting 12:13 vehicle 23:4,5,6,7,9 zoned 5:12 six 25:4,10 26:1,6 T vehicles 23:1 zoning 6:5 13:3 18:13 size 23:17 T 2:2 view 6:1 skewed 6:19 taken 10:11 violation 12:16 0 slide 7:9,16 8:16 9:5 takes 3:9 visitors 7:12 13:7 10:3 24:18 talk 20:19 vote 11:11 1 slight 19:21 talking 19:5 24:19,20 voted 16:9 1,904 7:8 small 29:17 technically 17:8 28:9 1.91 6:12 smaller 8:15 23:17,18 Temp 1:16 W 10 26:3 sorry 9:8 17:4 25:5 ten 23:7 24:17 25:1,5,7 W 1:16 10' 7:5 8:16 sort 29:21 26:18 30:15 waiver 8:11 12 26:10 sounds 31:15 tend 27:20 29:15 walk 18:1 15 6:5 south 5:8 terms 17:9 walkway 7:3,4 10:20,21 15' 7:9 southern 8:4 testimony 4:10 11:18,19 18:4 28:10 150 8:21 space 26:13,19 28:6 thank 3:8 4:12 14:12 walkways 19:18 28:8 18 24:18 25:1,8 26:9,13 speak 4:5 14:11 15:8,11 18:22 21:22 wall 7:19 10:7,7 18:7 26:18 speaking 15:17 16:13 27:4,7 28:22 29:3 wanted 19:3,9 20:1 180 11:14 16:18 19:6 21:11 23:2 30:8 31:3,4,10 wanting 28:18 1953 7:17 25:11 27:8,9 things 20:19 water 28:2 30:7 specifies 6:7 third 13:15 way 17:11 18:11 22:9 2 split 12:7 three 6:14 11:11 13:16 28:16 2 11:21 spot 3:9 13:21 25:12,15,17 ways 28:20 2003 7:21 square 7:2,2,8 8:20 threshold 19:12,16 weather 7:12 13:7 2007 7:18 8:7 13:14 Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  36 20:10 2019 1:9 4:20 22 6:15 25 6:7,15 30:15 250 7:2 30:16 3 30 4:3 6:6 15:13,14 35 19:12 35.7 6:12 9:2 12:2 14:4 15:21 22:8 36 10:8 36.7 9:1,10 37 24:3 37.6 22:7 37.61 6:13 14:4,15 24:4 4 4' 7:9 4500 1:12 4th 4:20 5 5.7 8:14 51st 1:6 3:6 5:7 6 6.9 8:9 62 24:12,13 25:8 30:15 7 7:30 1:13 8 8' 8:15 8:16 3:2 8:43 31:20 9 9 1:9 9604 1:6 3:6 5:7 Neal R. Gross and Co., Inc. (202) 234-4433 Washington DC www.nealrgross.com  37 C E R T I F I C A T E This is to certify that the foregoing transcript In the matter of: Gregory Sears, 9604 51st Place CASE CPV-2019-03 Before: City Council of College Park Date: 07-09-19 Place: College Park, MD was duly recorded and accurately transcribed under my direction; further, that said transcript is a true and accurate record of the proceedings. ----------------------- Court Reporter NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com