d. ZON-24-014 (ARC-24-004) 334 CHILEAN AVE (COMBO) – VARIANCES The applicant, Overflow Pad Too LLC (Bradley McPherson, Authorized Representative), has filed an application requesting Town Council review and approval for four (4) variances related to modifications to previously approved hardscape and landscape plans for construction of a new residence, including: (1 – 3) variances to exceed maximum site wall heights in the east, west and south yard areas and (4) a variance to provide a reduced pool heater equipment setback. The Architectural Commission shall perform design review of the application.
Received via email 2.13.24:
Good Morning,
My name is Tiffany McDonnell, and my husband and I have owned Villa D at Island House for 13 years. Our unit is mere feet away from 334 Chilean, and our balcony overlooks it.
We object to the owner locating two air conditioner compressors just outside of the property line. Our balcony overlooks his property and will be directly affected by the noise pollution from these units, which will impact the peace and quiet we currently enjoy from our balcony.
From what I understand, the previous site engineer was planning to place the units elsewhere - away from our property line and in a place that we were comfortable with. I also understand that he/she may be able to locate the nears near the pool equipment, which is a much more reasonable solution.
Additionally, we have not received any public notices regarding the new placement of these units.
Finally, we frequently rent our unit. The noise produced by the air conditioning units could impede our ability to conduct business as we have for 13 years. A noise issue that impairs our ability to rent the unit leaves the owner of 334 vulnerable to legal action.
Sincerely,
Tiffany McDonnell
Received via email 2.12.24:
To whom it may concern,
I’m an owner of a unit at 354 Chilean Ave.
My home is facing directly east by 10-15 feet of the proposed location of the air conditioning units. This will be a big noise distraction for the four units in the villa that are all facing east.
I’m asking if there is any way the air conditioning units could be moved to a different part of the property.
Thanks for your consideration,
Best,
Lena Helms
Received via email 2.12.24:
Good evening. I am writing in opposition to the placement of two air conditioning units near the property line to Island House. I am the Board President at Island House and only heard about this issue from a neighbor. Neither myself, the Board, nor the community were notified of this plan nor were we afforded an opportunity to object to this proposal.
We are a small building that enjoys our quiet area on Chilean Avenue and allowing these two units to be placed at our property line will have a materially negative impact on our neighbors. It is not too much to ask to place these units at the back of their property so that we are not forced to listen to this at all hours of the day and night.
If you have any questions, please contact me at . Thank you in advance.
Ryan O’Rourke
Board President
Island House Condominium Association
Received via email 2.9.24:
Good morning,
I am the neighbor whose property is immediately west of 334 Chilean. I object to the planned location of any air conditioner units within the setback on 334’s west side lot. The constant noise from any air conditioner would be materially detrimental to our enjoyment of our patio which is only a very few feet away. I would have no objection to the location of the outdoor shower and a generator unit as these would constitute a much reduced intrusion into our daily lives. This was the previous plan agreed to at the site months ago by the contractor.
Now, even though there is ample property in the walled-in service area alongside the garage in the northeast portion of the property ( and well away from most neighbors ) the applicant seeks a variance at odds with a more practical solution.
As mentioned before, our entertaining area is only about 6 feet from the proposed air conditioners. Please note that the four villas of which we are part have only windows to the east that allow for fresh air and access to our yards. That is, we would be front and center with the noise all day and all night. The sound would reverberate in a concrete echo chamber. Typical noise mitigants are woefully insufficient and not here a proper remedy.
It is our understanding that this revision stems from the hiring of a new site engineer seemingly unmoored to our previous agreement. This is unfortunate and now requires our protest to remedy others’ mistakes.
Several weeks of discussions with the applicant have not produced an acceptable resolution.
This is, I believe, the third site plan revision requiring public notice, including mailings to neighbors. Although the review of the application seems in order, please understand that NO mailings of these changes were ever actually delivered to any of the affected four homeowners, the Island House manager or its board of directors. None. Inasmuch, the applicant has consistently failed in its duties and deprived us of the notices allowing any earlier objection.
I am out of town and unable to attend the hearing. Please require the applicant to honor the previous agreement and place only the much quieter generator alongside our property.
Thank you for your kind consideration.
With best regards,
Sam Dashiell
354 Chilean Ave, Villa A
Received via email 2.13.24:
Good Morning,
My name is Tiffany McDonnell, and my husband and I have owned Villa D at Island House for 13 years. Our unit is mere feet away from 334 Chilean, and our balcony overlooks it.
We object to the owner locating two air conditioner compressors just outside of the property line. Our balcony overlooks his property and will be directly affected by the noise pollution from these units, which will impact the peace and quiet we currently enjoy from our balcony.
From what I understand, the previous site engineer was planning to place the units elsewhere - away from our property line and in a place that we were comfortable with. I also understand that he/she may be able to locate the nears near the pool equipment, which is a much more reasonable solution.
Additionally, we have not received any public notices regarding the new placement of these units.
Finally, we frequently rent our unit. The noise produced by the air conditioning units could impede our ability to conduct business as we have for 13 years. A noise issue that impairs our ability to rent the unit leaves the owner of 334 vulnerable to legal action.
Sincerely,
Tiffany McDonnell
Received via email 2.12.24:
To whom it may concern,
I’m an owner of a unit at 354 Chilean Ave.
My home is facing directly east by 10-15 feet of the proposed location of the air conditioning units. This will be a big noise distraction for the four units in the villa that are all facing east.
I’m asking if there is any way the air conditioning units could be moved to a different part of the property.
Thanks for your consideration,
Best,
Lena Helms
Received via email 2.12.24:
Good evening. I am writing in opposition to the placement of two air conditioning units near the property line to Island House. I am the Board President at Island House and only heard about this issue from a neighbor. Neither myself, the Board, nor the community were notified of this plan nor were we afforded an opportunity to object to this proposal.
We are a small building that enjoys our quiet area on Chilean Avenue and allowing these two units to be placed at our property line will have a materially negative impact on our neighbors. It is not too much to ask to place these units at the back of their property so that we are not forced to listen to this at all hours of the day and night.
If you have any questions, please contact me at . Thank you in advance.
Ryan O’Rourke
Board President
Island House Condominium Association
Received via email 2.9.24:
Good morning,
I am the neighbor whose property is immediately west of 334 Chilean. I object to the planned location of any air conditioner units within the setback on 334’s west side lot. The constant noise from any air conditioner would be materially detrimental to our enjoyment of our patio which is only a very few feet away. I would have no objection to the location of the outdoor shower and a generator unit as these would constitute a much reduced intrusion into our daily lives. This was the previous plan agreed to at the site months ago by the contractor.
Now, even though there is ample property in the walled-in service area alongside the garage in the northeast portion of the property ( and well away from most neighbors ) the applicant seeks a variance at odds with a more practical solution.
As mentioned before, our entertaining area is only about 6 feet from the proposed air conditioners. Please note that the four villas of which we are part have only windows to the east that allow for fresh air and access to our yards. That is, we would be front and center with the noise all day and all night. The sound would reverberate in a concrete echo chamber. Typical noise mitigants are woefully insufficient and not here a proper remedy.
It is our understanding that this revision stems from the hiring of a new site engineer seemingly unmoored to our previous agreement. This is unfortunate and now requires our protest to remedy others’ mistakes.
Several weeks of discussions with the applicant have not produced an acceptable resolution.
This is, I believe, the third site plan revision requiring public notice, including mailings to neighbors. Although the review of the application seems in order, please understand that NO mailings of these changes were ever actually delivered to any of the affected four homeowners, the Island House manager or its board of directors. None. Inasmuch, the applicant has consistently failed in its duties and deprived us of the notices allowing any earlier objection.
I am out of town and unable to attend the hearing. Please require the applicant to honor the previous agreement and place only the much quieter generator alongside our property.
Thank you for your kind consideration.
With best regards,
Sam Dashiell
354 Chilean Ave, Villa A