WEBVTT 00:00:00.290 --> 00:00:08.941 - Let's go ahead and call this meeting to order. Process of pulling up this information. I did not print 00:00:08.941 --> 00:00:17.760 - it out in advance. I apologize. Want an agenda? Oh, this would be fantastic. Thank you. All right, let's 00:00:17.760 --> 00:00:26.578 - let's take a roll. All right, I'll call the roll for the May 6th, 2026 Board of Zoning Appeals in Monroe 00:00:26.578 --> 00:00:29.854 - County. Margaret Clements. Skip daily. 00:00:30.210 --> 00:00:38.909 - Yeah, I'm with Davidson here. Guy Loftman here and Jeff Morris. Here and apologizing for my last minute 00:00:38.909 --> 00:00:47.523 - change in attendance. Alright, alright, so we have three in person which makes an in person quorum and 00:00:47.523 --> 00:00:56.222 - four total. Alright, could we please introduce the evidence? I'd like to introduce the following items. 00:00:56.418 --> 00:01:02.739 - into the evidence. The Monroe County Development Ordinance as adopted and amended, the Monroe County 00:01:02.739 --> 00:01:09.248 - Comprehensive Plan as adopted and amended, the Monroe County Board of Zoning Appeals Rules of Procedure 00:01:09.248 --> 00:01:15.882 - as adopted and amended, and the cases that were legally advertised and scheduled for hearing on tonight's 00:01:15.882 --> 00:01:22.516 - agenda. I would like to make a motion to introduce the evidence as just enumerated by you. Second. Great. 00:01:22.516 --> 00:01:24.894 - There's been a motion and a second to 00:01:25.474 --> 00:01:35.859 - I've got the items of evidence. Skip Daly? Yes. Pamela Davidson? Yes. Guy Hoffman? Yes. Jeff Morris? 00:01:35.859 --> 00:01:46.245 - Yes. Carries four to zero. All right, Assistant Director, it looks like we have a few changes to the 00:01:46.245 --> 00:01:52.414 - agenda as it was placed in the packets. Is the old business 00:01:52.706 --> 00:02:04.997 - being continued and not being shown tonight? Correct. Okay. And is the Campanella variance 26-6 withdrawn? 00:02:04.997 --> 00:02:16.598 - Is that correct? Correct. We have one, there will be one item at the very end of the agenda tonight, 00:02:16.598 --> 00:02:18.206 - I do believe. 00:02:18.306 --> 00:02:26.523 - And they may speak to it later when it comes up, but McWhorter VAR-26-14 is considering continuing part 00:02:26.523 --> 00:02:34.424 - A of that. Part A, but they will still want to be heard part B. Okay. All right. So we'll just deal 00:02:34.424 --> 00:02:42.640 - with that in order then. All right. Can we go ahead? Mr. Daly, maybe we should make clear to the public 00:02:42.640 --> 00:02:47.934 - that the Campanella item will not be heard. So if anybody is here, 00:02:48.290 --> 00:02:57.638 - for that item, you may leave or you may stay, but we won't be hearing that item. I just wanted to make 00:02:57.638 --> 00:03:06.713 - sure the public knew that that will not take place. Both the Donovan and the Campanella will not be 00:03:06.713 --> 00:03:16.242 - on tonight's agenda. With that being said, could we approve the agenda with the exclusion of the Donovan 00:03:16.242 --> 00:03:17.694 - and Campanella? 00:03:17.826 --> 00:03:28.228 - So moved. I get for that. Sorry. I didn't hear a second. Oh, I'll second it. Sure. Oh, sorry. All right. 00:03:28.228 --> 00:03:38.135 - So this is a motion and a second to approve the agenda for tonight's meeting. Pamela Davidson? Yes. 00:03:38.135 --> 00:03:47.646 - Guy Loftman? Yes. Jeff Morris? Yes. And Skip Daly? Yes. Motion carries four to zero. All right. 00:03:48.386 --> 00:03:58.862 - Is there any administrative business that we have to deal with? It doesn't look like there's anything 00:03:58.862 --> 00:04:09.442 - on the packet, so let's... And let's look at variance 2611. Looks like... No, I think that's... You're 00:04:09.442 --> 00:04:16.734 - seeing one, maybe. On front... Oh, sorry, I apologize. Variance 25-72. 00:04:16.962 --> 00:04:31.705 - Golf Fisk Lake Monroe Setback Variants to Chapter 805. Mr. Chairman, if I can, I see that the recommendation 00:04:31.705 --> 00:04:42.526 - from the plan department is approval on this item. This being an approval item, 00:04:42.626 --> 00:04:51.700 - I'd like to inquire and then I may want to make a motion that we... There is a procedure we use if something 00:04:51.700 --> 00:05:00.274 - is unopposed that sometimes moves the meetings along, which is I would like to inquire whether anybody 00:05:00.274 --> 00:05:08.765 - either in or the chair will inquire as to when anyone here or do you want to go ahead and do that? Is 00:05:08.765 --> 00:05:10.014 - there anybody? 00:05:10.338 --> 00:05:20.438 - present or online that wishes to speak toward the Fisk Lake Monroe setback variance to chapter 805, 00:05:20.438 --> 00:05:30.739 - other than the petitioner? Anybody online? May I assume you wish to call the question? I like move to 00:05:30.739 --> 00:05:38.718 - call the question. Is it seconded? Did we verify that there was nobody online? 00:05:38.818 --> 00:05:47.581 - as well. Okay, great. Then I will second that. Second to call the question. Can we take a roll on calling 00:05:47.581 --> 00:05:55.931 - the question? That motion is based on staff's findings and recommendations. Well noted. We'll get to 00:05:55.931 --> 00:06:04.777 - that when we get to the approval. It has to be part of the motion. Right. And based on the recommendations 00:06:04.777 --> 00:06:08.414 - and report of the facts and findings of the 00:06:08.610 --> 00:06:18.924 - plan staff. I agree with the motion and second it. I will second that. Well, okay. Procedurally, we 00:06:18.924 --> 00:06:29.651 - have a motion on the table to call the question. Yes. If that's approved, at that point, you can motion 00:06:29.651 --> 00:06:32.126 - to approve the variance 00:06:32.482 --> 00:06:41.482 - based on the findings of that. Got it. So we're just voting on whether we're gonna vote. We could have 00:06:41.482 --> 00:06:50.044 - a roll call based on calling the question, please. Calling the question. Yes. Yes. Yes. Yes. Yes. 00:06:50.044 --> 00:06:58.782 - All right. Now that the question has been called, do we have a motion either to approve or to deny? 00:07:00.066 --> 00:07:09.665 - I move to approve variance 2572G based on the recommendations and findings of the staff as reported 00:07:09.665 --> 00:07:19.647 - in our meeting package. I'll second that. Great. There's been a motion and a second to approve variance 00:07:19.647 --> 00:07:28.862 - VAR-25-72G, the Fisk Lake Monroe Setback from Chapter 805. The vote yes is a motion to approve. 00:07:29.858 --> 00:07:44.536 - Yes. Guy Loftman. Yes. Jeff Morris. Yes. Pamela Davidson. Yes. Motion carries 4-0. Thank you, Mr. Brown. 00:07:44.536 --> 00:07:58.654 - And thank you, Assistant Director. Let's move on to, my eyes. Okay, we'll move on to variance 26-11. 00:07:58.786 --> 00:08:11.667 - front yard setback variance to Chapter 805. Mr. Myers, if you would present for us, please. Thank you. 00:08:11.667 --> 00:08:22.046 - All right, this is VAR-26-11, the bone front yard setback variance to Chapter 804. 00:08:29.826 --> 00:08:37.754 - This is at 3985 South Knight Ridge Road. It is in Salt Creek Township, Section 20. It is zoned Conservation 00:08:37.754 --> 00:08:45.388 - Residential 2.5 and is also located in the Eco or Environmental Constraints Overlay Area 2. Positioners 00:08:45.388 --> 00:08:52.729 - requesting one development standard variance from the front yard setback requirement of Chapter 804 00:08:52.729 --> 00:08:59.262 - for a residential storage structure. This structure is going to measure 960 square feet. 00:08:59.458 --> 00:09:05.809 - It is a detached garage, 32 feet by 30. This detached garage will exhibit a new driveway entrance from 00:09:05.809 --> 00:09:11.975 - South Knight Ridge Road. The property is one 3.9 acre lot. That's zoned CVR as I stated previously. 00:09:11.975 --> 00:09:18.140 - And it currently contains a 1,968 square foot single family residence and an 80 square foot utility 00:09:18.140 --> 00:09:24.553 - shed. Mr. Bone is acting as the property owner's representative for this petition and is also the sales 00:09:24.553 --> 00:09:26.526 - manager of Coach House Garages. 00:09:26.658 --> 00:09:31.812 - Early conversations between Mr. Bone and the Planning Department regarding the proposed detached garage 00:09:31.812 --> 00:09:36.767 - resulted in staff clarifying that all three parcels of this subject property that you will see on a 00:09:36.767 --> 00:09:42.020 - map in a moment are considered one lot of record. Additionally, staff informed Mr. Bone that establishing 00:09:42.020 --> 00:09:47.471 - a new driveway would require a right of way activity permit from the Highway Department. Staff had originally 00:09:47.471 --> 00:09:48.958 - suggested that the new garage 00:09:49.186 --> 00:09:55.061 - utilize an existing southern driveway entrance on the property that would avoid the need for a new right 00:09:55.061 --> 00:10:00.825 - of way activity permit. However Mr. Bone stated that the owner only wants to build the detached garage 00:10:00.825 --> 00:10:06.420 - if the new driveway can be established. Mr. Bone went ahead and submitted two right of way activity 00:10:06.420 --> 00:10:12.184 - permit applications because there are actually two existing driveways on the property so this detached 00:10:12.184 --> 00:10:14.142 - garage would have created a third. 00:10:14.306 --> 00:10:21.834 - Upon review of the petition cites two existing driveway entrances and those respective highway activity 00:10:21.834 --> 00:10:29.361 - permits, the highway department denied both. Those were RW-26-45 as well as RW-26-66. Mr. Bone appealed 00:10:29.361 --> 00:10:36.744 - these two denials on behalf of the property owner and the appeal was heard by the Monroe County Board 00:10:36.744 --> 00:10:39.422 - of Commissioners on April 9th, 2026. 00:10:39.970 --> 00:10:46.132 - Ultimately approved one of those appeals to grant the new driveway entrance on the condition that the 00:10:46.132 --> 00:10:52.294 - existing second driveway which will is currently in the middle of the property and you'll see that on 00:10:52.294 --> 00:10:58.516 - a map in a moment. That second driveway be removed so as long as they remove that second driveway they 00:10:58.516 --> 00:11:04.678 - can they can build a new one for the new detached garage if that if this variance is approved for the 00:11:04.678 --> 00:11:05.886 - front yard setback. 00:11:08.322 --> 00:11:14.398 - Planning staff also informed Mr. Bone of the setback requirements and the buildable area constraints 00:11:14.398 --> 00:11:20.895 - on the property. Being in the eco area too, slopes greater than 15% are protected from any land disturbance 00:11:20.895 --> 00:11:27.152 - activity or the removal of vegetation in those sloped areas. Additionally, the petition site is located 00:11:27.152 --> 00:11:33.469 - in lot one of the September Hill subdivision, which has a dedicated 25 foot right of way from the center 00:11:33.469 --> 00:11:35.454 - line of South Knight Ridge Road. 00:11:35.842 --> 00:11:42.440 - and a 25 foot setback from that right of way. So that's a total of 50 feet from the center line that 00:11:42.440 --> 00:11:49.365 - they have to abide by for new structures. According to Mr. Bone and the property owners proposed location 00:11:49.365 --> 00:11:55.898 - for the new structure to avoid encroachment into the steep slopes, a front yard setback variance is 00:11:55.898 --> 00:12:02.562 - required in order to build the size of the structure and orientation of the structure that they want. 00:12:02.562 --> 00:12:05.502 - The side setback is 15 feet, so the property 00:12:05.602 --> 00:12:12.519 - the proposed structure will be meeting that setback. It's just only the front setback that can't be 00:12:12.519 --> 00:12:19.505 - met. And the structure's location will be 35 feet from the center line. So that's an encroachment of 00:12:19.505 --> 00:12:26.560 - 20 feet, approximately 20 feet encroachment into the setback. And Mr. Bone attests that this location 00:12:26.560 --> 00:12:31.678 - was selected in order to utilize the existing buildable area on the site. 00:12:31.778 --> 00:12:38.405 - And any further back from the road would result in the structure encroaching into the steep slopes that 00:12:38.405 --> 00:12:44.778 - are greater than 15%. Here on the screen we have the letter from the petitioner as well as the plot 00:12:44.778 --> 00:12:47.454 - plan that was provided by the petitioner. 00:12:49.954 --> 00:12:56.323 - Now on the screen, we have the scaled plot plan that was drafted by staff. That black line that you 00:12:56.323 --> 00:13:03.329 - see there is the edge of the right-of-way dedication of the September Hill subdivision. So then an additional 00:13:03.329 --> 00:13:09.889 - 25 feet from that line is where the structure is allowed to go based on the front setback. You can see 00:13:09.889 --> 00:13:16.386 - also on this map the location of the existing driveways. We have one to the far south and then one in 00:13:16.386 --> 00:13:17.150 - the middle. 00:13:17.858 --> 00:13:25.035 - The one in the middle is the one that will be removed per the appeal request. And the new driveway here 00:13:25.035 --> 00:13:32.282 - to the north will service the detached garage alone. Here we have the location map, Salt Creek Township. 00:13:32.282 --> 00:13:39.390 - We have South State Road 446 here, and then the road that accesses the property is South Knight Ridge. 00:13:39.390 --> 00:13:45.118 - Here is the site conditions map. On this screen, all the red is over 15% in slope. 00:13:45.954 --> 00:13:53.009 - Those are the protected slopes based on the eco area. This is just the same map just zoomed in a bit 00:13:53.009 --> 00:13:59.994 - more to show where those slopes are and the limited buildable area that we have between the edge of 00:13:59.994 --> 00:14:06.979 - the road and the beginning of the steep sloped areas. And now we have some aerial pictometry of the 00:14:06.979 --> 00:14:13.964 - site that reveals the two driveway entrances that are existing, the existing home as well. And then 00:14:13.964 --> 00:14:15.710 - just panning around here 00:14:15.906 --> 00:14:22.252 - showing different angles from different directions of the property. Now on the screen we have a street 00:14:22.252 --> 00:14:28.413 - view that shows the two existing driveway entrances. Again, the northern driveway or the one in the 00:14:28.413 --> 00:14:35.006 - middle as I like to call it. That one is the one that will be removed per the highway department's request 00:14:35.006 --> 00:14:41.352 - and approval of the appeal by the board of commissioners. Another image there of showing that driveway 00:14:41.352 --> 00:14:43.262 - entrance that will be removed. 00:14:44.834 --> 00:14:51.601 - And then now on the screen is the proposed location of the detached garage. If you were to look further 00:14:51.601 --> 00:14:58.304 - back into the background of this photo, you can see how the slope begins to fall off into that 15% and 00:14:58.304 --> 00:15:05.071 - more. All right. This brings me to staff's recommendation. Staff recommends denial of the front setback 00:15:05.071 --> 00:15:09.886 - variance, stating that practical difficulties have not been demonstrated. 00:15:10.498 --> 00:15:16.089 - The condition requiring the variance can be avoided through redesign, relocation, or reorientation of 00:15:16.089 --> 00:15:22.010 - the proposed detached garage structure. Staff has included additional language that if there is an approval 00:15:22.010 --> 00:15:27.547 - forwarded by this BZA, that staff recommend including a condition of approval, and that condition of 00:15:27.547 --> 00:15:33.248 - approval would be that the petitioner receive an approved right-of-way activity permit from the Highway 00:15:33.248 --> 00:15:35.550 - Department for the new driveway entrance. 00:15:35.746 --> 00:15:42.061 - They did win the appeal. However, a new right of way activity permit is still required to formally permit 00:15:42.061 --> 00:15:48.613 - the new driveway entrance if this front setback variance is approved. With respect to staff's recommendation, 00:15:48.613 --> 00:15:54.630 - we did work to see if there was somewhere else on the property the same size structure could fit. So 00:15:54.630 --> 00:16:00.587 - now on the screen is a map showing the steep slopes as well as measurements from property lines and 00:16:00.587 --> 00:16:04.638 - the center line of South Knight Ridge Road of a location that could 00:16:04.962 --> 00:16:13.395 - the same size of structure that they're wanting. It's just a lot closer to the existing residence and 00:16:13.395 --> 00:16:22.076 - would also utilize the existing driveway that comes in front of the existing residence rather than being 00:16:22.076 --> 00:16:31.006 - further away from the existing residence. And now I want to take any questions. We listen to the petitioner 00:16:31.006 --> 00:16:33.982 - first. If there's nothing imminent, 00:16:34.146 --> 00:16:42.663 - Let's move on to the petitioner. Is the petitioner or a representative here in person? If you could 00:16:42.663 --> 00:16:51.690 - come forward. And while you come forward, keep this in mind. Make sure that the microphone is appropriate 00:16:51.690 --> 00:17:00.207 - length from where you'll be speaking from. Correct. And we'll also need you to sign in, please. And 00:17:00.207 --> 00:17:03.358 - then state your name for the record. 00:17:09.026 --> 00:17:15.920 - My name is Brett Bone. I am a representative of Coach House Garages. All right. Thank you, Mr. Bone. 00:17:15.920 --> 00:17:22.951 - Now, if you could raise your right hand and swear that the testimony you're about to give is the truth 00:17:22.951 --> 00:17:29.846 - as you know it. Absolutely. Yes. All right. Thank you. You will be given 15 minutes if you wish. You 00:17:29.846 --> 00:17:33.054 - can begin anytime. Thank you. Upon meeting Mr. 00:17:33.986 --> 00:17:40.530 - He explained to me his situation where he's in need of a new garage with the hail that happened about 00:17:40.530 --> 00:17:47.010 - a month ago. He said it'd be nice to get that garage up sooner and later. But with I've learned with 00:17:47.010 --> 00:17:53.554 - bidding being a new company in the Bloomington area, there are some difficulties and challenges I did 00:17:53.554 --> 00:17:58.558 - not face in Illinois and it's called Hills and I'm learning as I go here that 00:17:58.850 --> 00:18:04.644 - to keep things in the general area where we need to be, we're limited on what we can do, where we can 00:18:04.644 --> 00:18:10.380 - do it. So Mr. Richard asked if we can do the garage on the, I will call it the east end or the north 00:18:10.380 --> 00:18:16.231 - end of the property where the slope drop was not affected. But we worked that out. And originally when 00:18:16.231 --> 00:18:21.968 - I spoke with Drew, before we got the county involved, I was under the understanding the setback from 00:18:21.968 --> 00:18:26.398 - the side of the road to where the garage should start would be about 25 feet. 00:18:26.594 --> 00:18:32.542 - So I made it 26 feet. And there is a row of trees along the red end where the slope drop begins. So 00:18:32.542 --> 00:18:38.550 - we don't want to uproot those because of the root system. It affects erosion. We want to leave those 00:18:38.550 --> 00:18:44.795 - trees if all possible. So we move that back. Yes, right in there. We move that back as close as we could 00:18:44.795 --> 00:18:50.743 - to those trees, getting the setback off the road to meet the requirements. It's just we're not able 00:18:50.743 --> 00:18:53.598 - to get the 50 foot from the center of the road. 00:18:53.890 --> 00:19:01.165 - to where the building starts, there's a 15 foot difference is what it is. But there's still adequate 00:19:01.165 --> 00:19:08.872 - space with the county approving the driveway. It'll be a 12 foot wide driveway going up to the new garage, 00:19:08.872 --> 00:19:16.507 - which is plenty long. It'll be 12 by 25 feet from the edge of the road is what that new concrete driveway 00:19:16.507 --> 00:19:22.558 - would be. And then the building will sit behind that with your approval, of course. 00:19:24.130 --> 00:19:32.736 - I missed on that, Jeff? Okay, that's pretty much what I have. Right, thank you. Do we have any questions? 00:19:32.736 --> 00:19:41.018 - I do have a question. Yes, ma'am. The staff said that if the garage location could be moved closer to 00:19:41.018 --> 00:19:47.838 - the house and so on, then this won't be an issue or a problem. What is the, is that 00:19:47.938 --> 00:19:54.342 - not acceptable? No, thank you. I failed to mention one thing. One of the main reasons Jeff was wanting 00:19:54.342 --> 00:20:00.746 - to put it where he wanted to put it was he believes in solar power. And the way that the roof line has 00:20:00.746 --> 00:20:06.963 - to sit for the diameter of the building where we laid that out, it's going to get the most sunlight 00:20:06.963 --> 00:20:13.304 - to affect the charging stations that are going to be placed on his roof of that. So I don't know with 00:20:13.304 --> 00:20:15.294 - moving that closer if the trees 00:20:15.650 --> 00:20:23.472 - are gonna block that shade, I'm not sure, but with the sunshine, and he lives there, not me, but with 00:20:23.472 --> 00:20:31.142 - the sunshine in the afternoon, through morning through afternoon, that's where it gets the most sun 00:20:31.142 --> 00:20:39.041 - to properly juice, I guess, juice the solar-powered system that's gonna sit there. Interesting, thanks 00:20:39.041 --> 00:20:45.406 - for that answer. Yes, yes. Mr. Loughlin. The need for a driveway, we're not really 00:20:45.602 --> 00:20:55.190 - looking at the need for the driveway and the drive, okay. So I think that answers my question that, 00:20:55.190 --> 00:21:05.161 - you know, why are we, why don't we like the one that does comply? Mr. Morris, do you have any questions 00:21:05.161 --> 00:21:14.174 - for the petition or staff? No questions for me. Thank you, Skip. I have a question. Yes, sir. 00:21:16.226 --> 00:21:28.819 - and has two driveway curb cuts and they U. The petitioner's intention to once the middle driveway is 00:21:28.819 --> 00:21:41.413 - uprooted to connect the southern driveway through the yard to the new driveway. As of right now, the 00:21:41.413 --> 00:21:45.278 - main idea is to come in off of 00:21:45.410 --> 00:21:54.487 - night ridge with the driveway that goes into the overhead door of our garage door where the bay will 00:21:54.487 --> 00:22:03.563 - be in part there and as of right now there's no thought of continuing that. I can't speak for Jeff I 00:22:03.563 --> 00:22:12.910 - can't but that's not been discussed. I do have a question of staff. Mr. Myers was the was the intention 00:22:12.910 --> 00:22:14.078 - of solar and 00:22:14.786 --> 00:22:21.271 - rationale brought up to you during the process with the petitioner? Mr. Bone came in several times to 00:22:21.271 --> 00:22:27.629 - discuss the details of this petition, and I believe he did mention at one point or another that one 00:22:27.629 --> 00:22:34.177 - of the rationale pieces was to incorporate solar power into the garage structure. However, reading the 00:22:34.177 --> 00:22:40.662 - strict application of the ordinance, even if that was their rationale, the ordinance would say, well, 00:22:40.662 --> 00:22:44.350 - do you need to have solar power? And the answer would be, 00:22:44.450 --> 00:22:50.739 - most likely from the ordinance, no, you can adjust it and relocate it somewhere else and remove the 00:22:50.739 --> 00:22:57.154 - solar power and not need a variance. So just looking at a strict application, not an accommodation to 00:22:57.154 --> 00:23:03.884 - his desire for this. Correct, yeah, the ordinance does not take into account a property owner's preference 00:23:03.884 --> 00:23:10.299 - in architectural or other standards. This is why we're here. This is why we're here, yep. Absolutely. 00:23:10.299 --> 00:23:11.934 - My question for staff is, 00:23:12.034 --> 00:23:21.830 - If the garage were relocated to the site you like better, because it fits our criteria, would that require 00:23:21.830 --> 00:23:31.077 - cutting down trees for solar installation, do you think? Do you know? I don't know. I'd have to look 00:23:31.077 --> 00:23:39.774 - at that and do some analysis on that. I do have one question for staff. This is a platted lot. 00:23:40.226 --> 00:23:50.817 - and the plat specifies the setback. If it wasn't part of a subdivision, if it wasn't part of 00:23:50.817 --> 00:24:02.320 - that subdivision, if it didn't specify the setback, the normal county setback would go from the edge 00:24:02.320 --> 00:24:09.950 - of the road, not from the center of the road, or what's that rule? 00:24:10.274 --> 00:24:16.437 - Correct. When the phone first came in that was the conversation that I had with him because I was unsure 00:24:16.437 --> 00:24:22.306 - that the property was an implanted subdivision and typically the ordinance does state that if there 00:24:22.306 --> 00:24:28.293 - is no dedicated right-of-way then the setback is measured from the edge of right-of-way which in this 00:24:28.293 --> 00:24:34.573 - case would have been the edge of pavement which would have resulted in no need for a variance most likely. 00:24:34.573 --> 00:24:36.510 - Okay I'm ready to make a motion. 00:24:36.738 --> 00:24:44.247 - Before we do that, I would like to ask Mr. Villanueva to have a seat and we'll see if there's... I just 00:24:44.247 --> 00:24:51.684 - want to mention one more thing, if that's okay. On behalf of relocating it to another area, he did say 00:24:51.684 --> 00:24:59.193 - if they shifted over this way, there would be neighbors trees that would shadow and he didn't feel like 00:24:59.193 --> 00:25:06.558 - he would want to have the neighbors cut down the trees to get this overpowered. Thank you. Thank you. 00:25:06.722 --> 00:25:17.118 - And we may or may not call you back up based on folks responding. Is there anybody in the audience tonight 00:25:17.118 --> 00:25:27.125 - that wishes to speak on behalf of this petition? Is there anybody in the audience that wishes to speak 00:25:27.125 --> 00:25:35.966 - in opposition to this petition? Is there anybody online or on a phone that wishes to speak 00:25:37.314 --> 00:25:48.646 - for this petition. Is there anybody online or on a phone that wishes to speak in opposition to this 00:25:48.646 --> 00:26:00.204 - petition? I see no one, is that correct? All right, we'll open it up to board discussion. Mr. Loppen, 00:26:00.204 --> 00:26:04.510 - you discussed a matter. I did, I did. 00:26:04.802 --> 00:26:15.456 - I think there's been substantial discussion and I'm comfortable moving that we approve variance 2611, 00:26:15.456 --> 00:26:26.110 - bone front yard setback at 3985 South Knight Ridge Road on the grounds that the, moving the driveway, 00:26:26.110 --> 00:26:31.646 - excuse me, moving the garage to the desired location 00:26:31.746 --> 00:26:41.656 - is consistent with the, my principles that solar power when available is a desirable thing for the property 00:26:41.656 --> 00:26:50.831 - owner and for the planet. And particularly in light of the fact that if it hadn't been, subdivision 00:26:50.831 --> 00:26:58.814 - hadn't set that setback, it would be perfectly legal. So down the road, this would be, 00:26:59.042 --> 00:27:07.387 - We wouldn't even need this in light of those I moved that we approved it. I'm going to I'm going to 00:27:07.387 --> 00:27:16.150 - ask you to clarify. I'm going to ask you to clarify that that have practical difficulties been met based 00:27:16.150 --> 00:27:24.996 - on the testimony. Yes, which can to me establishes practical difficulty difficulties. And this is subject 00:27:24.996 --> 00:27:27.166 - to the condition that the 00:27:27.266 --> 00:27:34.122 - petitioner receive an appropriate approved right away activity permit from the Highway Department for 00:27:34.122 --> 00:27:40.911 - the new driveway entrance off South Night Ridge Road before proceeding with construction. You did so 00:27:40.911 --> 00:27:47.700 - well with that guy. I'll second that. It's been moved and seconded. This is objective. May we have a 00:27:47.700 --> 00:27:49.246 - roll call on the vote? 00:27:49.730 --> 00:27:58.258 - a motion and a second to approve VAR-26-11 the bone front setback variance to chapter 804 and that is 00:27:58.258 --> 00:28:06.619 - with one condition of approval that the petitioner receive an approved right-of-way activity permit 00:28:06.619 --> 00:28:15.148 - from the highway department for the new driveway entrance off of South Knightridge Road. Guy Loftman? 00:28:15.148 --> 00:28:18.910 - Yes. John Morris? Yes. Pamela Davidson? Yes. 00:28:19.426 --> 00:28:29.170 - and carries four to zero. Thank you. Congratulations on that. We're going to move along to variance 00:28:29.170 --> 00:28:39.206 - two six dash one two. That is the cook maximum in previous cover variance to chapter eight zero eight. 00:28:39.206 --> 00:28:47.294 - You have to forgive me. We just met and I don't have my glasses on your last name. 00:28:47.938 --> 00:28:56.286 - via the bar mister by thank you it's great to meet you for the second time uh... could you please go 00:28:56.286 --> 00:29:04.882 - ahead and present the case uh... excuse me mister chair president but uh... this is i'd believe another 00:29:04.882 --> 00:29:13.230 - approved case staff approved case conditions conditions well because if the petition or a cruise the 00:29:13.230 --> 00:29:16.702 - conditions which we can determine quickly 00:29:16.802 --> 00:29:26.614 - then you have the right as a board member to call the question at any point. And then we'll look into 00:29:26.614 --> 00:29:36.329 - the other details. Okay, I move we call the question, which doesn't mean we're approving it. It just 00:29:36.329 --> 00:29:46.622 - means that we're gonna proceed without the full presentation. If, okay. If no one opposes. No one opposes. 00:29:46.850 --> 00:29:55.972 - First we call the question, then we determine whether we want to proceed under the simplified provisions. 00:29:55.972 --> 00:30:04.836 - So this is just to say, are we going to consider going without the full staff report? And that depends 00:30:04.836 --> 00:30:13.786 - on public and petitioner. Is there anybody here tonight that wishes to speak on variance or online that 00:30:13.786 --> 00:30:16.798 - wishes to speak on variance 26-12? 00:30:18.754 --> 00:30:29.937 - Nobody in the room, anybody online or on the phone? No. And is there a representative, excuse me, a 00:30:29.937 --> 00:30:42.462 - petitioner of Cook available in the room or online? Okay, well, are you familiar with the staff recommendation? 00:30:44.994 --> 00:30:54.099 - You know, well, then if you determine at any point that you will agree to all those, we can we can maybe 00:30:54.099 --> 00:31:03.030 - move on to a quicker procedure. But first, let's see what the let's. Yes, so you will not be motioning 00:31:03.030 --> 00:31:06.238 - for a call to question. Or you will. 00:31:07.266 --> 00:31:14.770 - They aren't consenting, so I'm not going to move to... All right. Mr. Dubaya, could you please move 00:31:14.770 --> 00:31:22.274 - forward with your presentation? And thank you. Okay. Good evening, everyone. Hope everyone can hear 00:31:22.274 --> 00:31:29.779 - me all right. So this is the Cook Maximum Previous Cover Variance to Chapter 808. So the request is 00:31:29.779 --> 00:31:32.030 - to place eight new generators 00:31:32.162 --> 00:31:39.111 - on an area that is not currently impervious surface. The petitioner would like to add a generators with 00:31:39.111 --> 00:31:46.194 - equipment pads, which we utilize 2782 square feet of concrete and stone or about 0.06 acres. The property 00:31:46.194 --> 00:31:53.144 - zone light industrial, the lots are total of 12.29 acres are platted and a butt West constitution after 00:31:53.144 --> 00:31:59.358 - the South and South Curry Pike to the West. The lots are currently at 58.5% impervious cover 00:31:59.522 --> 00:32:05.441 - which is over by 13.5% of the max permitted for developments in zoning district L.I. within a critical 00:32:05.441 --> 00:32:11.245 - watershed. The petitioner was approved for rezone of the property from partially PUD to L.I. in 2022 00:32:11.245 --> 00:32:17.278 - to change the open space requirement. Under the PUD, which was 40% allowing 60% impervious, the property 00:32:17.278 --> 00:32:23.025 - was zoned to L.I. and under the prior zoning ordinance, which had an open space requirement of 20%, 00:32:23.025 --> 00:32:25.438 - which allowed for 80% impervious service. 00:32:25.602 --> 00:32:31.775 - The CDO added more stringent impervious cover requirements tied to locations in the critical watershed 00:32:31.775 --> 00:32:37.888 - area, which has impacted this petition site, now making it pre-existing nonconforming. So in summary, 00:32:37.888 --> 00:32:43.882 - the petitioner is requesting a percent increase rather than a square footage allowance to allow for 00:32:43.882 --> 00:32:49.995 - future space for more impervious cover on the site. They did undergo a site plan amendment in 2022 to 00:32:49.995 --> 00:32:54.430 - add additional parking, which put the site at even more impervious cover. 00:32:54.914 --> 00:33:00.254 - that was permitted at the time as they had received approval for that rezone in 2021. 00:33:00.418 --> 00:33:06.247 - The impervious service for both lots are included in the request for the impervious cover maximum petition 00:33:06.247 --> 00:33:11.694 - as the site plan submitted by the petitioner in 2022 included an integrated site plan outlining the 00:33:11.694 --> 00:33:17.197 - impervious cover for both lots and both lots have been determined to be one legal lot of record. The 00:33:17.197 --> 00:33:22.644 - petitioner states that the generators are too heavy as they are 16,000 pounds each so they feasibly 00:33:22.644 --> 00:33:25.150 - cannot be placed on top of the existing roof. 00:33:25.826 --> 00:33:33.427 - on the lot and the running engines would create too much noise and vibration. Petitioners added that 00:33:33.427 --> 00:33:40.952 - they do intend to fill and relocate some of the existing swells for the new generator pads and also 00:33:40.952 --> 00:33:44.414 - possibly install underground drainage piping. 00:33:44.546 --> 00:33:50.582 - just to ensure that stormwater is still carried to the same location as before. And if the variance 00:33:50.582 --> 00:33:56.799 - is granted, the petitioner will have to apply for a site plan review. So there will be steps that will 00:33:56.799 --> 00:34:02.956 - include stormwater as well to ensure that the flow is still adequate. If variance is denied, then any 00:34:02.956 --> 00:34:08.992 - permits related to this proposal will need to be redesigned to meet the development standards or be 00:34:08.992 --> 00:34:13.278 - denied. So here are the dimensional standards for the light industrial 00:34:13.442 --> 00:34:21.304 - Zoning district, as you can see, maximum pervious cover for development within a critical watershed 00:34:21.304 --> 00:34:29.559 - is 45%. Here's a location map. Here is the comprehensive plan, showing that it is in the MCUA employment 00:34:29.559 --> 00:34:37.421 - region. Zoning map, site condition map, and here is an aerial from Eagle View facing south, showing 00:34:37.421 --> 00:34:42.846 - where the proposed generators will be placed. Here is an aerial view 00:34:43.042 --> 00:34:51.438 - per EGLE view is again showing where the proposed generators will be placed. And here's a photo I took 00:34:51.438 --> 00:34:59.752 - on site showing where the proposed generators will be placed. And a picture of an existing swell that 00:34:59.752 --> 00:35:08.147 - was indicated will be relocated, or not swell, culvert, that will be relocated. Here's a letter to the 00:35:08.147 --> 00:35:11.326 - BZA included in the package for today. 00:35:13.090 --> 00:35:22.168 - Here's the site plan that was included in the packet. It's kind of hard to see on here, but it was included 00:35:22.168 --> 00:35:30.574 - in the packet for today's meeting. And what is the condition that you were specifying for approval? 00:35:30.574 --> 00:35:39.316 - The petitioner is limited to 3,000 square feet of imperfect surface to accommodate the current proposed 00:35:39.316 --> 00:35:42.846 - project. Thank you. Just here's the plot. 00:35:45.794 --> 00:35:53.369 - and here's the integrated site plan showing both plots. And here's my recommendation or staff's 00:35:53.369 --> 00:36:01.259 - recommendation. May I ask you a question about the 3,000 square feet? That includes the pad and the 00:36:01.259 --> 00:36:07.966 - generators themselves, the concrete pad. Do two generators and the concrete pad fit? 00:36:08.066 --> 00:36:16.539 - in that 3,000? Yeah, so they do. Yeah, they know that it will utilize 2782 square feet of concrete and 00:36:16.539 --> 00:36:24.847 - stone. So that's what they've outlined as the square footage they require. OK, thank you. So perhaps 00:36:24.847 --> 00:36:33.155 - we could appropriately require of the. Yeah, good point. Mr. By thank you for that is the petitioner 00:36:33.155 --> 00:36:35.870 - or representative here to speak. 00:36:37.698 --> 00:36:50.881 - All right, and the same procedure will take place. Please make sure you adjust the microphone so we 00:36:50.881 --> 00:37:04.592 - can hear you loudly and clearly, and sign your name. My name's Hogan Helms with Cornerstone Engineering 00:37:04.592 --> 00:37:06.174 - and Design. 00:37:06.946 --> 00:37:15.109 - Representing cook project. All right. Thank you. Could you please raise your right hand? Do you swear 00:37:15.109 --> 00:37:23.193 - that the testimony you're about to provide is the truth as you know it? Right I'm going to before we 00:37:23.193 --> 00:37:31.276 - start your clock. I know miss Lopman is wanting to know the answer to something and he is wanting to 00:37:31.276 --> 00:37:35.998 - know if I'm not mistaken if the condition that was read is 00:37:36.674 --> 00:37:44.441 - Um, then, uh, your acceptance. I understood it. I believe so. You're just, you're limiting the proposed 00:37:44.441 --> 00:37:51.910 - additional impervious to 3000 square feet, which would cover this project that we proposed, but not 00:37:51.910 --> 00:37:59.527 - necessarily a number. Cause I think in the original item, I'd asked for 60%, which would have allowed 00:37:59.527 --> 00:38:04.382 - like this project and maybe another 3000 or so. That is correct. 00:38:05.154 --> 00:38:14.309 - That's acceptable. All right. Well, at this point, we're going to go ahead and I'm going to ask based 00:38:14.309 --> 00:38:23.463 - on the presentation and the limited testimony of the petitioners representative, is there anybody now 00:38:23.463 --> 00:38:33.246 - wishing to speak from the audience or online either for or against this petition? Seeing and hearing no one. 00:38:33.922 --> 00:38:40.115 - Mr. Loppen, did you want to interject? Yes, I move we approve variance 2612. You'll have to call the 00:38:40.115 --> 00:38:46.308 - question first. With the condition that it be limited to 3,000, I move we call the question. Move to 00:38:46.308 --> 00:38:52.440 - call the question. All right, is there a second? Yes. All right, Assistant Director, could you call 00:38:52.440 --> 00:38:58.756 - a roll call on calling the question and ending the testimony at this point? Calling the question would 00:38:58.756 --> 00:39:01.086 - be Pamela Davidson. Yes. Jeff Morris. 00:39:03.554 --> 00:39:15.390 - Yes. Great. Guy Loftman? Yes. And Skip Daly? Yes. Carries 4 to 0. With that being said, Mr. Loftman, 00:39:15.390 --> 00:39:27.109 - would you like to add a motion? Yes. I move that we approve variance 26-12, 3,800 West Constitution 00:39:27.109 --> 00:39:32.382 - Avenue for Cooke, impervious cover variance, 00:39:32.610 --> 00:39:43.659 - on the condition that the maximum impervious cover increase is 3,000 square feet. I'll second that. 00:39:43.659 --> 00:39:55.261 - All right. There's been a motion and a second to approve variance VAR-26-12, the cook maximum impervious 00:39:55.261 --> 00:39:58.686 - cover variance to chapter 808. 00:39:59.138 --> 00:40:07.943 - And that is with one staff condition, which is that the petitioner is limited to 3000 square feet of 00:40:07.943 --> 00:40:16.836 - impervious surface to accommodate the curtain, the current proposed project. Jeff Morris. Yes. Kamala 00:40:16.836 --> 00:40:25.728 - Davidson. Yes. Guy Loftman. Yes. Skip Bailey. Yes. Motion carries four to zero. Thank you. Thank you. 00:40:25.728 --> 00:40:27.646 - Good luck. All right. 00:40:27.842 --> 00:40:37.056 - All of that being said and done, let's move on to the next variance application. It is variance 26-13, 00:40:37.056 --> 00:40:46.001 - up church, eco, area two, 15% slope encroachment, variance two, chapter eight, two, three. Vaya, is 00:40:46.001 --> 00:40:55.036 - this you again? It is me again. Fantastic, please carry on. All right, the purpose of the request is 00:40:55.036 --> 00:40:57.630 - to construct a deck addition 00:40:57.986 --> 00:41:03.174 - for the petitioner to construct the deck addition to a two-story storage barn. The petitioner's Western 00:41:03.174 --> 00:41:08.362 - variants allow for the construction of a 10-foot elevated deck to an accessory structure. The deck will 00:41:08.362 --> 00:41:13.500 - measure 42 feet along the north side and 30 feet along the east side of the structure and will require 00:41:13.500 --> 00:41:18.837 - eight six inches by six inches posts, joists, and decking. The petitioner stated he would like to instruct 00:41:18.837 --> 00:41:22.878 - the addition to the structure that has been on the property since at least 2006. 00:41:23.042 --> 00:41:29.546 - There is a play area immediately to the west which the applicant stated would inhibit construction in 00:41:29.546 --> 00:41:35.922 - the buildable area on the south and west portion of the storage barn. So, the petitioner selected a 00:41:35.922 --> 00:41:42.489 - location that encroaches into an area with a slope greater than 15% as identified by Beacon GIS as the 00:41:42.489 --> 00:41:49.694 - deck would be located around the northern and eastern portion of the storage barn. According to Chapter A23-5B1, 00:41:49.922 --> 00:41:56.703 - The maximum land slope upon which any land disturbance involving construction of buildings, driveways, 00:41:56.703 --> 00:42:03.681 - roads, parking lots, utilities can occur shall be 15% and you see a little snippet I have there outlining 00:42:03.681 --> 00:42:05.854 - those regulations. Eco area too. 00:42:07.298 --> 00:42:14.033 - developments that is if the slope encroachment variance is approved the petitioner will be able to continue 00:42:14.033 --> 00:42:20.456 - with the permitting process for the proposed deck if the 15% slope encroachment variance is denied the 00:42:20.456 --> 00:42:26.692 - petitioner will be unable to pursue the proposed deck in its current proposed location so this is a 00:42:26.692 --> 00:42:32.991 - snippet from Beacon GIS areas shown in blue and light green are buildable areas per chapter 823 this 00:42:32.991 --> 00:42:34.238 - is a picture of the 00:42:34.786 --> 00:42:44.506 - plot plan that the petitioner marked when he came into our office on March 24th. These are the site 00:42:44.506 --> 00:42:54.808 - conditions, as you can see. The area he's proposing building that deck addition is in the 25 plus percent 00:42:54.808 --> 00:43:03.070 - non-buildable area and steep slope. Location map. I'm sorry, comprehensive plan map. 00:43:04.482 --> 00:43:13.797 - zoning map zone residential one and you can see the little blue outline the almost at the very north 00:43:13.797 --> 00:43:23.389 - that displays the eco area too and the residence is just just barely in there the explanation of photos 00:43:23.389 --> 00:43:33.534 - submitted by the petitioner and these are the photos that the petitioner submitted showing where the proposed 00:43:33.922 --> 00:43:46.081 - stairs as well as the deck will be placed. These are included in the packet for today. And this is the 00:43:46.081 --> 00:43:57.886 - letter to the BCA by the petitioner, the site plan or plot plan that the petitioner created and the 00:43:57.886 --> 00:44:03.198 - deed. And the staff recommendation is denial 00:44:03.650 --> 00:44:10.061 - as the petitioner requests for the construction of the deck results from a preference that strays from 00:44:10.061 --> 00:44:16.472 - the intent of the county development warns rather than a necessity. I just have a very quick question. 00:44:16.472 --> 00:44:22.696 - There was an existing deck that they took down, correct? Is that true? I'm not aware of an existing 00:44:22.696 --> 00:44:29.169 - deck. Are you referring to? Maybe I'm just wondering, these pictures look familiar to me, and I thought 00:44:29.169 --> 00:44:32.094 - maybe there had been a deck there at one time. 00:44:32.994 --> 00:44:43.287 - and we're off. Okay, thanks. All right, let's carry on and bring up the petitioner or a representative 00:44:43.287 --> 00:44:53.679 - if they are available. Fantastic. In the same process we'll apply, please adjust the microphone to your 00:44:53.679 --> 00:44:55.678 - liking and sign in. 00:45:09.922 --> 00:45:18.261 - If I could have you state your name for the record, please. My name is Ken Upchurch. Mr. Upchurch, could 00:45:18.261 --> 00:45:26.204 - I have you raise your right hand? Do you swear to tell the truth as you know it for your testimony? 00:45:26.204 --> 00:45:34.305 - All right, fantastic. Mr. Upchurch, we're going to clock you at 15 minutes if it pleases, and you can 00:45:34.305 --> 00:45:39.070 - go. Well, we are adding on, would like to add on, a 10-foot 00:45:41.218 --> 00:45:55.509 - deck around this area and it's to help get all this organized. And it's also going to be where you can 00:45:55.509 --> 00:46:09.662 - have the second story with the deck and the bottom part will also be storage. It will just consist of 00:46:10.178 --> 00:46:23.217 - eight posts with the concrete piers that would be, I guess that's what it's called, to be placed for 00:46:23.217 --> 00:46:36.127 - the deck to be built on with a ledger board around the building. Well, it sounds to me like, right. 00:46:36.127 --> 00:46:39.742 - So Mr. Dubaya had mentioned 00:46:39.874 --> 00:46:48.626 - his rationale for the denial, which is letter of the code, is this does not meet the practical difficulties. 00:46:48.626 --> 00:46:56.896 - Would you like to address that aspect? Practical. Practical difficulties. That's the part of the code, 00:46:56.896 --> 00:47:05.086 - which is why it's not allowable and why you have to come to the board for approval. And it looks like 00:47:05.086 --> 00:47:09.502 - you've got some assistance coming in. Could you please 00:47:09.762 --> 00:47:17.257 - Sign in, and we'll continue your 15 minutes as soon as we get you sworn in. I'm Gwen Upchurch. 00:47:17.257 --> 00:47:25.461 - Gwen Upchurch. And do you swear the testimony you're about to provide is the truth as you know it? Yes. 00:47:25.461 --> 00:47:33.351 - All right. Now, go ahead. So the peer, there will be peers that just the few that need to be put in 00:47:33.351 --> 00:47:37.374 - by Eric Smith. We talked to a construction person. 00:47:38.242 --> 00:47:50.350 - this part by ourselves, even though Ken has built a lot of this all on his own. But the place where 00:47:50.350 --> 00:48:02.942 - the variance is, the concrete piers would just be for the posts, and then everything else is above onto 00:48:02.942 --> 00:48:07.422 - the barn, the existing barn, and the 00:48:09.282 --> 00:48:20.795 - place that is in the variance will just have those concrete posts to make sure that the deck is solid, 00:48:20.795 --> 00:48:32.084 - supported. What would involve these three? And the reason, the whole reason for this is because the, 00:48:32.084 --> 00:48:35.102 - when he built the barn, he 00:48:36.546 --> 00:48:45.215 - thought that he was going to be doing this so that underneath he was able to have storage area, 00:48:45.215 --> 00:48:54.516 - you know, for the tractor and that sort of thing. That is on the back side of our property and dog run 00:48:54.516 --> 00:49:03.998 - is on the other side that is concreted. And so that's, that the, it's, it's, it's difficult because the, 00:49:04.354 --> 00:49:12.789 - we're in that area just a little bit in that variance for those poles. I don't know if that's making 00:49:12.789 --> 00:49:16.798 - any sense. I believe I believe you've expressed 00:49:17.410 --> 00:49:24.635 - Your desire, yeah. So, Mr. Ruff Church, did you build that barn yourself? Is that what your wife just 00:49:24.635 --> 00:49:32.356 - said? I do. Oh, yeah. And it doesn't have storage, and now the deck is the solution to that on the backside. 00:49:32.356 --> 00:49:39.440 - So there's never been a deck because it's been a barn, not part of a house. OK, all right. OK. Yes, 00:49:39.440 --> 00:49:45.886 - my dad passed away, and we have a lot of things from his estate in there. Yeah. All right. 00:49:47.106 --> 00:49:58.709 - We'll call you up if we need you. I have a quick question for Mr. Baier before we move forward. The 00:49:58.709 --> 00:50:10.892 - petition looked to me like it was just for the posts and the raised deck, but the petitioner was talking 00:50:10.892 --> 00:50:16.926 - about storage. Did they talk about building a solid 00:50:17.250 --> 00:50:28.304 - surface? No, but the piers will still disturb the land in this deep. The piers? Correct. I understand 00:50:28.304 --> 00:50:39.141 - that. Right. But I was wondering if they had mentioned as any part of the plan also for disturbance 00:50:39.141 --> 00:50:44.126 - for to build a level surface to have storage. 00:50:47.586 --> 00:50:55.466 - Can I have one of you or both of you back up? I just want to understand the complete project. And from 00:50:55.466 --> 00:51:03.117 - what you were telling me versus what I'm seeing on this picture, appear to be two different things. 00:51:03.117 --> 00:51:10.768 - So when, I'm sorry. Excuse me for one moment. Could you bring up one of the pictures, maybe the one 00:51:10.768 --> 00:51:17.118 - that they took of where it would be? All right. Is this where posts will be going? 00:51:17.218 --> 00:51:27.420 - Mr. Mr. Mr. All right. Would you also have to do something to level land in order to put storage there? 00:51:27.420 --> 00:51:37.328 - Okay. When when when he's saying storage, it's you're thinking of something different than what he's 00:51:37.328 --> 00:51:46.942 - thinking. He's cleaning all that out, cleaning all of it out. But it still looks okay. All right. 00:51:47.170 --> 00:51:56.412 - And the storage would just be, where he got this idea is my father built a deck onto their house and 00:51:56.412 --> 00:52:05.746 - underneath there was a nice area and that's where Ken got the idea. I just want to make sure that the 00:52:05.746 --> 00:52:14.622 - project is what we're seeing and it doesn't, in your mind it's not something different from what 00:52:14.850 --> 00:52:25.966 - So it's not a poured floor. It's the ground floor with gravel or so on. Correct? No. All right. No. 00:52:25.966 --> 00:52:37.194 - Thank you. All right. Do we have questions for staff at this moment from the board? We'll start with 00:52:37.194 --> 00:52:40.862 - Mr. Morris. No questions for me. 00:52:44.674 --> 00:52:52.764 - We know if anyone wants to speak against this. Or just that we don't we don't we don't. We'll ask in 00:52:52.764 --> 00:53:00.774 - a moment here. If you guys had any questions before that. No staff question. At this time we'll ask 00:53:00.774 --> 00:53:07.582 - if there's anybody in the audience or online that wishes to speak for this petition. 00:53:10.466 --> 00:53:21.610 - Seeing, hearing, nothing. Anyone that wishes to speak against this petition, either in the room or online 00:53:21.610 --> 00:53:32.227 - or on a phone? Seeing, hearing, nothing. All right. By this photo, 10 feet out, how far, sir, do the 00:53:32.227 --> 00:53:37.694 - peers then violate? 8 feet would be OK, but not 10. 00:53:40.514 --> 00:53:49.294 - So based on this photograph showing the destruction, it looks like it would be that corner there would 00:53:49.294 --> 00:53:58.075 - be where the majority of that disturbance in the steep slope area is located. I believe he said it was 00:53:58.075 --> 00:54:05.150 - eight foot. Yeah, about 10 foot. 10 foot. 10 foot. Oh, 10 foot. I apologize. Okay. 00:54:10.274 --> 00:54:26.000 - That is quite a steep slope down that hill. I can see that. No, I don't have any questions. The following 00:54:26.000 --> 00:54:38.462 - construction of eight six-by-six posts by my arithmetic, that would be a total fine 00:54:38.690 --> 00:54:58.991 - disturbance of two square feet in the the prohibited area and That's that two square feet, but it's 00:54:58.991 --> 00:55:07.518 - not 200 or 2,000 Yeah, I I'm just waiting 00:55:07.810 --> 00:55:20.735 - if there's anyone else has discussion, I am not sure. While I don't necessarily disapprove, I don't 00:55:20.735 --> 00:55:33.790 - know that a testified address has been made to the practical difficulty statement that our staff has 00:55:38.306 --> 00:55:45.521 - It is somewhat of an optional choice to put a deck on a barn, particularly with that slope. And that's 00:55:45.521 --> 00:55:52.947 - not a very generous-sized deck. It's a modest-sized deck, 10 feet. I can understand the space underneath. 00:55:52.947 --> 00:56:00.303 - It's alluring. I can get that. But it's definitely not a necessity in some ways. That slope looks pretty 00:56:00.303 --> 00:56:04.926 - serious. I actually have a follow-up question for the petitioner. 00:56:05.154 --> 00:56:17.761 - Were these post holes going to be hand dug or were you bringing a machine back there to do that? What 00:56:17.761 --> 00:56:30.616 - was your plan to dig the holes? A hand operated auger, is that what you're thinking about? That answers 00:56:30.616 --> 00:56:34.942 - your question, assistant director. 00:56:35.202 --> 00:56:43.713 - And that's less disturbance is what you're talking about. If it was a machine, it would be quite destructive 00:56:43.713 --> 00:56:52.223 - to bring it on that slope. That's a good point. Well, is a hand auger considered hand dug? I was envisioning 00:56:52.223 --> 00:57:00.734 - something with tracks. If there was something that would have to drive back there, that might be confirming. 00:57:05.346 --> 00:57:21.917 - You guys are the planners. Let me ask you, does the fact that these are hand dug posts, does that satisfy 00:57:21.917 --> 00:57:34.110 - your planning expertise, satisfy the spirit of the 15 degree slope ordinance? 00:57:34.658 --> 00:57:43.302 - I have seen that made as a condition of approval on slope type variances. Which is what I'm thinking. 00:57:43.302 --> 00:57:52.115 - And also I was going to have you pull up the watershed image that we have where the site is in relation 00:57:52.115 --> 00:58:00.590 - to Lake Monroe. And I don't know if you can see that at the very top. No, it's a distance. Right on 00:58:00.590 --> 00:58:02.878 - the edge of the watershed. 00:58:05.122 --> 00:58:11.457 - It is at the very top middle of that. There it is. I see it. So are you suggesting that a potential 00:58:11.457 --> 00:58:18.045 - disturbance could be minimal compared to if it were somewhere else? Is that what I'm reading into this? 00:58:18.045 --> 00:58:24.443 - I mean, I'm just pointing out that that is a finding of fact. Thank you. Thank you. Okay, with that, 00:58:24.443 --> 00:58:27.230 - I'm going to make a motion that we approve. 00:58:27.362 --> 00:58:41.664 - that the- variance twenty six dash thirteen the up church eco area to fifteen percent slope encroachment 00:58:41.664 --> 00:58:55.422 - variance to. Chapter eight twenty three with the condition. That the appears be hand dog without any 00:58:57.410 --> 00:59:05.539 - and second seconded. So we have a motion and a second. The motion is to approve based on the findings 00:59:05.539 --> 00:59:13.509 - with one condition of approval and that is that the peers within the restricted slopes are hand dug 00:59:13.509 --> 00:59:21.638 - and that means without machinery such as tracks that are going to disturb the slopes. Right so I will 00:59:21.638 --> 00:59:23.870 - go ahead and call the roll. 00:59:24.034 --> 00:59:32.401 - That also means the size of the deck is also predetermined by what they submitted to the 10 feet. That's 00:59:32.401 --> 00:59:40.689 - part of their petition, so that also is there. It would be following the site plan that is in the staff 00:59:40.689 --> 00:59:48.977 - packet there. Thanks for confirming that. All right, I'll go ahead and call the roll. Jeff Morris? Yes. 00:59:48.977 --> 00:59:53.758 - Kamala Davidson? Yes. Guy Loftman? Yes. Guy Loftman, sorry. 00:59:53.922 --> 01:00:12.651 - Skip daily. This guy. I lost my track. Skip daily. Was that it? Yeah. I need a... I'm not certain that 01:00:12.651 --> 01:00:23.198 - a practical difficulty is demonstrated, but I believe the 01:00:23.458 --> 01:00:36.256 - of the ordinance of which you would be in violation is covered. It's passed regardless, so I'll add 01:00:36.256 --> 01:00:47.902 - a yes. All right, motion carries four to zero. Thank you, you've been approved. Thank you. 01:00:52.386 --> 01:01:05.510 - one of these two. We will move on. We have a double bill. We've got variance 26-14 alpha and 26-14 bravo. 01:01:05.510 --> 01:01:18.140 - The corridor accessory dwelling unit, 1,000 square foot size limitation to chapter eight, 11, and the 01:01:18.140 --> 01:01:21.854 - mid-corridor cost conservancy 01:01:22.178 --> 01:01:31.485 - Area Setback Variance to Chapter 826. If you're following along at home, it's on page 78 in your books. 01:01:31.485 --> 01:01:40.702 - And we have Mr. Brown. Oh, thank you. Was this where they were looking for? All right. So, yes. Should 01:01:40.702 --> 01:01:50.814 - we call them up to make a plea for that? Is that the proper protocol in this? All right. Is the petitioner here? 01:01:52.354 --> 01:02:08.122 - We understand that you wish to request a continuance on 26-14 alpha. All right. If you could sign in, 01:02:08.122 --> 01:02:20.798 - please, and go through the same rigmarole. Thanks for your patience this evening. 01:02:21.186 --> 01:02:28.103 - Hey, no problem. Thank you. All right, if you could. There you go. Do you swear to tell the truth in 01:02:28.103 --> 01:02:34.952 - your testimony as you know it? Yes, sir. All right. Fantastic. We'll go ahead and give you a chance 01:02:34.952 --> 01:02:41.938 - to plea on this continuous request. OK, first of all, my name is Robert McCord Jr., homeowner of 1837 01:02:41.938 --> 01:02:47.006 - East Sanders Second Avenue. The reason why I want to potentially continue 01:02:47.458 --> 01:02:55.713 - The first variance is after I finally got a phone call back from the land surveyor and legal advice. 01:02:55.713 --> 01:03:03.886 - It has been brought to my attention that the determination of lot of record may not be correct. And 01:03:03.886 --> 01:03:12.222 - this would cause a big can of worms if we were to combine two dwellings on to the same property with. 01:03:12.482 --> 01:03:21.390 - not the correct determination, I believe. So I may have to apply for an appeal later. When are you thinking 01:03:21.390 --> 01:03:29.886 - you would like to continue this? I know the land surveyor told me that he could get me a site, a whole 01:03:29.886 --> 01:03:38.217 - property site plan in three weeks. That's three weeks. Yep, but I would probably, my intention is to 01:03:38.217 --> 01:03:41.022 - table or get rid of this variance 01:03:41.922 --> 01:03:49.866 - because I don't think it is gonna be needed. And I don't know how we proceed about discussing that, 01:03:49.866 --> 01:03:57.889 - Daniel. We would review any evidence that is brought to us and then make a determination that way. I 01:03:57.889 --> 01:04:05.912 - have a question. Has this variance proposal been paid for? It has, yes. Okay, so if he were to throw 01:04:05.912 --> 01:04:11.870 - it away and have to resubmit at some point, at that point he would have to 01:04:12.194 --> 01:04:19.931 - pay again. The fee to continue and you could continue this out two months, three months is $20. And 01:04:19.931 --> 01:04:27.823 - if you want to completely withdraw that part, then you would be paying that fee over again. I believe 01:04:27.823 --> 01:04:35.947 - I'm looking after your wallet. That's why I'm asking these questions. I appreciate that. I would I would 01:04:35.947 --> 01:04:41.982 - just like to can I go into depth a little bit of why I think based off of the 01:04:42.306 --> 01:04:49.371 - determination from the land surveyor? Do you want a time limit on this? I'm just asking. The matter 01:04:49.371 --> 01:04:56.789 - that's before us right now is whether or not we will approve you to continue. We can't make any decision 01:04:56.789 --> 01:05:03.996 - based on if it's a good idea for you to do that or not. My guess is coming before the board right now 01:05:03.996 --> 01:05:11.061 - and saying you've got some site plan stuff that's in question, my guess is you're not going to have 01:05:11.061 --> 01:05:11.838 - a problem. 01:05:12.066 --> 01:05:21.302 - being offered a continuance. That is my thought. Don't quote me on that, but that is my belief. So that 01:05:21.302 --> 01:05:30.272 - is the only matter. So we're not going to set a clock. We're just going to say ask for it or make it 01:05:30.272 --> 01:05:39.598 - known that you want it withdrawn. And if you want a continuance, just give us a, hey, today's May, let's 01:05:39.598 --> 01:05:41.374 - do it in September. 01:05:41.954 --> 01:05:49.565 - or let's do it in August or let's do it whenever. And then at that point, you can pay your $20 for the 01:05:49.565 --> 01:05:56.954 - continuance. And then if you wish a later date to make a decision based on the information that you 01:05:56.954 --> 01:06:04.343 - receive, you can make that decision. Is that fair? Yeah, that's fine. I would like to continue this 01:06:04.343 --> 01:06:08.702 - in post-market for June. That would be one month from now. 01:06:09.026 --> 01:06:17.203 - one month, so three weeks. So July, let's do July just to give me some time. Yeah. All right. And we 01:06:17.203 --> 01:06:25.542 - often have our calendar a little askew in July because of the 4th of July holiday. Assistant director, 01:06:25.542 --> 01:06:33.962 - could you pull up when July's meeting? It's often the last Wednesday of June. I'm not mistaken. As long 01:06:33.962 --> 01:06:38.334 - as I'm not on duty at the firehouse, that'll be fine. 01:06:38.498 --> 01:06:48.596 - It is July 8th. Oh, it's July 8th. Okay. So you're requesting a continuance on variance 26-14 alpha 01:06:48.596 --> 01:06:58.895 - until July 8th. Is that correct? Do we have room on the docket for that? We would. And so this is for 01:06:58.895 --> 01:07:03.742 - VAR-26-14A. Yes. Okay. And that is to continue. 01:07:04.770 --> 01:07:12.232 - I would note I will not be able to attend that meeting, which if there isn't a quorum, it just would 01:07:12.232 --> 01:07:19.620 - get continued automatically again. But hopefully everybody else will be able to be here, but I will 01:07:19.620 --> 01:07:27.230 - have to pay another $20. No, OK. It's 600 and all that. It's easy already there. Fair enough, alright. 01:07:28.322 --> 01:07:37.074 - Okay, so you've made an official request to continue this until the July 8th meeting. Do I hear any 01:07:37.074 --> 01:07:46.525 - motion on this? I'll move to continue variance 26-14A until the July 8th meeting, based on the introduction 01:07:46.525 --> 01:07:55.102 - of more evidence. All right, do I hear a second? Second. All right, it's been moved and seconded. 01:07:55.586 --> 01:08:04.254 - Assistant director, could you please call a roll. I think Pamela Davidson. Oh, sorry. Well, this is 01:08:04.254 --> 01:08:13.268 - a motion to continue to July 8th, 2026. Thank you. Pamela Davidson. Yes. Jeff Morris. Yes. Guy Loftman. 01:08:13.268 --> 01:08:15.262 - Yes. Skip Bailey. Yes. 01:08:15.842 --> 01:08:23.840 - Motion carries four to zero. So we will be focusing tonight then on VAR-26-14B, which deals with a karst 01:08:23.840 --> 01:08:31.609 - conservancy area variance. Absolutely. All right. And at this point, Ms. McCor, if I could ask you to 01:08:31.609 --> 01:08:39.607 - step down and we're going to provide Mr. Brown the floor and he will go through his presentation. You've 01:08:39.607 --> 01:08:41.054 - got it. Thank you. 01:08:41.410 --> 01:08:49.995 - So since we will be focusing on VAR-26-14B, I will say that the purpose of this variance is to establish 01:08:49.995 --> 01:08:58.417 - a 1,600 square foot residential accessory structure on the property. That is discussion about A, which 01:08:58.417 --> 01:09:06.921 - was continued. So Chapter 826-3 of the County Development Ordinance states that all Karst features must 01:09:06.921 --> 01:09:09.374 - have a Karst Conservancy area 01:09:09.506 --> 01:09:15.903 - that at minimum encompasses the entire karst and all area within 50 feet of said karst. However, the 01:09:15.903 --> 01:09:22.681 - petitioner's proposed garage would be located approximately five feet from the karst itself, so a variance 01:09:22.681 --> 01:09:29.268 - is required. The petitioner does argue that alternative locations for this garage other than the target 01:09:29.268 --> 01:09:36.236 - site are incredibly limited since there is steep slope on much of the property and it is in the environmental 01:09:36.236 --> 01:09:37.566 - constraints area two 01:09:38.498 --> 01:09:46.170 - as well as the fact that much of the buildable area is already taken up by septic systems as seen in 01:09:46.170 --> 01:09:53.993 - exhibit five. In particular, these are the standards for 826-3G. Would the board like me to go through 01:09:53.993 --> 01:10:01.817 - these? No, we've seen them, thank you. All right. So here are two images showing the Karst Conservancy 01:10:01.817 --> 01:10:06.526 - area. The image on the left shows the Karst as it is shown on 01:10:06.722 --> 01:10:16.336 - Beacon GIS, we mark this by noting closed contours that have elevation that goes down as you get further 01:10:16.336 --> 01:10:25.676 - inwards and measure from the furthest out closed contour. So that is the image on the left. The image 01:10:25.676 --> 01:10:31.902 - on the right shows the blue line that shows how much of the area of 01:10:32.610 --> 01:10:41.951 - 1837 East 2nd Sanders Avenue is within the Cars Conservancy area based on our estimates. And here is 01:10:41.951 --> 01:10:51.569 - the location map and zoning map of the property, as well as comprehensive plan and site conditions map. 01:10:51.569 --> 01:10:57.118 - Here is a rough elevates view of, here's a rough eagle view 01:10:57.538 --> 01:11:06.814 - of the property. I apologize if this is inaccurate. I did have to somewhat draw this in because the 01:11:06.814 --> 01:11:16.831 - lines on Eagle View were glitching out and not providing an accurate view. Here is the view of the driveway 01:11:16.831 --> 01:11:26.942 - onto the property as well as several other properties off the driveway. The image on the right, it shows the 01:11:27.138 --> 01:11:38.714 - here is the image on the left is the home that is going to be the subject of VAR-2614A, but on the right 01:11:38.714 --> 01:11:50.069 - is roughly the area where the proposed garage is to be placed, roughly measuring from the picnic table 01:11:50.069 --> 01:11:56.574 - to the red pickup truck. Here is a admittedly not too good 01:11:56.738 --> 01:12:06.047 - This is a photo showing where the karst is on a property to the south. The karst and the karst conservancy 01:12:06.047 --> 01:12:14.748 - area kind of expand onto the subject lot. Here is a map the petitioner provided of septics that are 01:12:14.748 --> 01:12:24.318 - on the property. On the left, the leftmost black rectangle is the septic system for 1837 East Second Sanders. 01:12:24.834 --> 01:12:35.818 - Middlemost black rectangle is roughly the location of the septic for the home across the driveway at 01:12:35.818 --> 01:12:46.910 - 1839 East Second Sanders, and the one on the right is the septic system for 1845 East Second Sanders. 01:12:47.650 --> 01:12:56.343 - There is one area that staff has identified as potentially where the garage could go without encroaching 01:12:56.343 --> 01:13:05.202 - into the car's conservancy area or encroaching into areas of steep slope and the environmental constraints 01:13:05.202 --> 01:13:13.481 - overlay area two, as shown here. It would be limited to areas pretty much within the blue and green 01:13:13.481 --> 01:13:16.958 - here. And this is more related to VR dash 01:13:17.794 --> 01:13:25.576 - So I will just kind of run through this. And so in regards to VAR-26-14B, staff recommends denial, as 01:13:25.576 --> 01:13:33.586 - practical difficulties have not been demonstrated, as petitioner could potentially relocate the proposed 01:13:33.586 --> 01:13:41.292 - garage to an area that is out of the Curse Conservancy area. However, if the Board of Zoning Appeals 01:13:41.292 --> 01:13:47.166 - does approve VAR-26-14B, the Drainage Board will need to review the project. 01:13:47.298 --> 01:13:55.665 - The review is tentatively at this time on the agenda for May 19th, 2026. And I will take any questions. 01:13:55.665 --> 01:14:03.791 - Do we have any questions for staff before we bring up the petitioner? I'd like to hear a petitioner. 01:14:03.791 --> 01:14:11.997 - All right, Mr. McQuarter, come on down. You're the next contestant. Now, please remember that you are 01:14:11.997 --> 01:14:14.974 - still under oath for your testimony. 01:14:15.650 --> 01:14:24.877 - And you're 15 minutes. Let's go ahead and reset that if you will. Let's let's start. OK. All righty, 01:14:24.877 --> 01:14:34.012 - so this afternoon I did take a couple of pictures of that location where Daniel was speaking, which 01:14:34.012 --> 01:14:42.782 - is on the north side there. If you can. That one there. So do I present these to you that I or? 01:14:43.234 --> 01:14:49.509 - You can request permission to approach and it's granted. Don't speak because it's not on the record, 01:14:49.509 --> 01:14:55.847 - but you can hand it to him and go back. And there are two pictures. Yes, and I'll look at them. He'll 01:14:55.847 --> 01:15:02.185 - explain them in front of the Mike. I look at the self and then I will hand them down to my what is he 01:15:02.185 --> 01:15:08.584 - looking at? OK, so there's two pictures. One is where the easement runs all the way north through that 01:15:08.584 --> 01:15:12.126 - property there for power lines. You can go back to that. 01:15:12.386 --> 01:15:19.272 - That square Daniel. Yep, that one. So there is a power pole that goes and then there's a drop that goes 01:15:19.272 --> 01:15:26.093 - from that power pole across the property, which that electrical would have to be moved, which Duke and 01:15:26.093 --> 01:15:32.979 - energy and all that would have to approve on getting that relocated. There is also a propane tank there 01:15:32.979 --> 01:15:39.600 - that has an underlying gas line to the house, so that would have to also be relocated if that was a 01:15:39.600 --> 01:15:41.918 - place to get moved. And there is a 01:15:42.434 --> 01:15:52.761 - waterway on a landscaping pond right in the front there. That is also there that would have to be relocated. 01:15:52.761 --> 01:16:02.613 - So in my eyes practical. What's that second difficulties difficulties that would be extremely difficult 01:16:02.613 --> 01:16:06.782 - to do moving and relocating all that stuff. 01:16:07.362 --> 01:16:15.463 - If we go to the one with all the skeptics on Daniel, if you would please. So yes, unfortunately, this 01:16:15.463 --> 01:16:23.406 - is how all these properties are set up. My septic is in my backyard for 1837, the home to the north 01:16:23.406 --> 01:16:31.428 - of me. It was approved by the county to put that septic system all the way down there. And therefore 01:16:31.428 --> 01:16:36.670 - I can't it's right in my front yard. It's my uncle septic system. 01:16:36.930 --> 01:16:45.093 - It's there. I can't build on top of it. Even the lines that the septic permit show go across the north 01:16:45.093 --> 01:16:53.415 - side of my house up to his storage tanks. So to build over the top of that on the north side of my house 01:16:53.415 --> 01:17:01.657 - to would not be very. I think it demonstrates practical difficulties and then the second location which 01:17:01.657 --> 01:17:02.846 - would be East. 01:17:02.978 --> 01:17:11.092 - On my father's property. If I continued with that first variance was going to be right over his septic 01:17:11.092 --> 01:17:19.364 - system and his front yard and can't do it there. So what I tried to do was map out based off of property 01:17:19.364 --> 01:17:27.006 - setbacks and lines a 40 by 40 spot that is right in front of my current garage that I have which 01:17:27.138 --> 01:17:33.791 - We are growing family. I have a 14 year old boy that's going to be starting to drive in two years. As 01:17:33.791 --> 01:17:40.379 - you can see, I can't even fit mine and my wife's car in our current garage because we also have kids 01:17:40.379 --> 01:17:46.967 - who have bicycles and I have a lawnmower and. Those Rogers are not built. Yeah, if you wouldn't mind 01:17:46.967 --> 01:17:52.446 - going with the red truck in 2001 that garage wasn't built for an SUV or a truck so. 01:17:52.546 --> 01:18:00.373 - We are out of space. Also, I have a recreational camper that I like to go to the state parks in. That's 01:18:00.373 --> 01:18:08.049 - what me and my family do for all the holidays. And it is outside underneath Tarp. You could go to the 01:18:08.049 --> 01:18:15.877 - aerial shot, just one of them. And that is another, yep, that one, my camp right here, which is towards 01:18:15.877 --> 01:18:17.758 - the end of the driveway. 01:18:18.114 --> 01:18:24.743 - And I want to put that inside to keep it protected as it's an investment for me and my family as well. 01:18:24.743 --> 01:18:31.307 - And that's one of the main reasons to build that garage there. I feel like it's clearly set back away 01:18:31.307 --> 01:18:37.871 - from the property lines on the south side of the property. I understand that the cars features there, 01:18:37.871 --> 01:18:44.564 - but as you can see, I honestly think that's the only place that I can put it. There's nowhere else that 01:18:44.564 --> 01:18:46.430 - I can. I also wanted to ask, 01:18:47.010 --> 01:18:55.837 - Or mention that within this car's conservatory area the KCA already, if you wouldn't mind going to the 01:18:55.837 --> 01:19:04.835 - yellow. You can see my neighbor to the south his corner of his house is already in it. The next neighbor 01:19:04.835 --> 01:19:13.748 - to the West, the corner of their property is on that slope and I believe in 2016 2017 they put a septic 01:19:13.748 --> 01:19:16.062 - system in that area which. 01:19:16.386 --> 01:19:24.338 - To my recollection, it was 2015 that this ordinance was adopted for KCAs, is that correct, for 50 feet? 01:19:24.338 --> 01:19:32.061 - It was 2024. 2024, but it was 25 feet prior, correct? That's correct. Okay, so even with the 25 foot 01:19:32.061 --> 01:19:39.861 - prior, I believe a variance would have had to have been approved for that septic system go inside the 01:19:39.861 --> 01:19:42.078 - KCA, because if I'm correct, 01:19:44.322 --> 01:19:52.447 - even set back away from it. It's inside of it. And so I think that's that's also good evidence. I'm 01:19:52.447 --> 01:20:00.654 - not going to be in it. I'm close to that rim that is designated. I understand that there's a setback 01:20:00.654 --> 01:20:08.942 - for the ordinance. I think it's right around 20 feet of what the garage is going to be within that 50 01:20:08.942 --> 01:20:14.142 - foot. Is that correct? It's basically half of it. And so that's 01:20:14.626 --> 01:20:24.054 - That's my difficulties, I guess I would say. Are you planning to leave the existing garage there and 01:20:24.054 --> 01:20:33.482 - build a second one in this other spot? So the garage will be there. Yes, that will stay there. As of 01:20:33.482 --> 01:20:39.550 - right now, that is going to be an accessory room onto our house. 01:20:39.906 --> 01:20:47.366 - I'm not even taking the garage door out. But yes, this garage will take that place. You will not be 01:20:47.366 --> 01:20:54.901 - able to get a vehicle in and out of there based on the property lines and my setbacks that I have to 01:20:54.901 --> 01:21:02.435 - stay from. There's no way I could build a garage on my property. That's as I've shown you that won't 01:21:02.435 --> 01:21:08.478 - be in front of that one, unfortunately. And that's why I need to make it bigger. 01:21:08.610 --> 01:21:17.723 - And I have a question for Mr. Brown. He has said that the site, the staff likes has the propane tanks, 01:21:17.723 --> 01:21:26.571 - the pool, the rock pool that we saw in the picture. And utilities. And what else? Utility line. And 01:21:26.571 --> 01:21:34.622 - the utility lines. So that is the spot that we're recommending, the staff is recommending. 01:21:36.130 --> 01:21:43.634 - Well, we weren't aware that a gas utility line was there. We were aware that there was an easement, 01:21:43.634 --> 01:21:51.214 - as shown on a survey that was done back in 1991. However, we believed that the area proposed was far 01:21:51.214 --> 01:21:58.718 - away enough from that easement to qualify. However, the utility line, such as the gas utility line, 01:21:58.718 --> 01:22:05.022 - that was not known to staff when we made this recommendation. With that being said, 01:22:05.698 --> 01:22:14.202 - can you confirm that that gas line is there at this point? We do not have that information at this time. 01:22:14.202 --> 01:22:22.462 - Okay, if it were confirmed, would that change your recommendation? Would that change your belief that 01:22:22.462 --> 01:22:30.804 - there would be another place on the property? I believe it might, yes. Okay, thank you. All right, Ms. 01:22:30.804 --> 01:22:35.582 - Loppen, you have something to say? Yeah, well, I have some 01:22:35.778 --> 01:22:45.372 - something to ask, some things to ask, four and a half things to say. I don't know whether staff or Mr. 01:22:45.372 --> 01:22:54.966 - McQuarter is better to answer that, Mr. Brown or Mr. McQuarter, but there's a 50-foot setback from the 01:22:54.966 --> 01:23:04.094 - rim. The proposed garage is in that setback. Here's what I'm gonna get at, so let me start there. 01:23:04.258 --> 01:23:14.156 - We had, as I recall, a sort of a similar thing not too long ago. And in that situation, they were able 01:23:14.156 --> 01:23:23.766 - to put gutters on the building they were talking about so that the water all discharged outside the 01:23:23.766 --> 01:23:31.262 - 50-foot. The construction was inside, but the discharge was entirely outside. 01:23:31.714 --> 01:23:40.457 - Do you know whether that would be something you would be able to do? Actually, if you do have the 15% 01:23:40.457 --> 01:23:49.199 - grade map on here at all for. I can bring that up real quick. If you look at this picture here on the 01:23:49.199 --> 01:23:57.856 - left where it has the rim of the KCA right where I want to put the back of the garage is actually up 01:23:57.856 --> 01:23:59.742 - probably 6 or 7 feet. 01:24:00.194 --> 01:24:07.821 - from the back slope of the house. It actually shows up red, like those marks do, because I think it's 01:24:07.821 --> 01:24:15.523 - too steep of a grade to build on. And so the garage will actually go in front of that. And then as the 01:24:15.523 --> 01:24:23.000 - right side of it has to be built up, it would then slope towards the driveway. Yeah, so that yellow 01:24:23.000 --> 01:24:27.262 - marker there is where the back of the garage would meet. 01:24:27.810 --> 01:24:34.498 - And so this pad where we're currently parked, all slopes towards driveway this way. That make sense? 01:24:34.498 --> 01:24:41.451 - Yeah, it slopes away from the cars. Yes, it slopes away from the cars currently. And then for the garage 01:24:41.451 --> 01:24:48.337 - construction, this southern side of it will also have to be built up to get the garage square and flat, 01:24:48.337 --> 01:24:53.502 - right? And then slope towards that. So all the water would then run away from 01:25:00.610 --> 01:25:10.083 - Okay, so let me be real specific. If a condition of granting your request was that the drainage for 01:25:10.083 --> 01:25:19.556 - the building drained away from the karst area, would that be acceptable to you? It sounds like it's 01:25:19.556 --> 01:25:27.134 - plan A, and plan A is fine with you. Yeah, that is perfectly fine with me, yes. 01:25:27.426 --> 01:25:40.119 - Very good, that's my question. Mr. Morris, do you have anything to add before we ask for public comment? 01:25:40.119 --> 01:25:51.966 - Hearing nothing, is there anybody online that wishes to speak for or against this? Seeing nobody. 01:25:54.242 --> 01:26:03.288 - I did see Mr. Morris pop back up. Let's get his two cents real quick. Thank you, Mr. Daley. I had just 01:26:03.288 --> 01:26:12.071 - turned on my camera in case you called me. I didn't have any further comment. Yes, he was away from 01:26:12.071 --> 01:26:20.766 - the microphone. And let me summarize. The petitioner testified that the way he plans to build this 01:26:20.962 --> 01:26:28.387 - the drainage would all go away from the karst and would be where the water would discharge would be 01:26:28.387 --> 01:26:36.110 - outside the 50 foot area. And that he'd be happy to have that as a condition because it's what he plans 01:26:36.110 --> 01:26:43.683 - to do anyway. Fair summary? Yes, sir. Clarify, Mr. Morris. Yeah, thank you, Mr. Lawson. All right, is 01:26:43.683 --> 01:26:50.366 - there any other board discussion? Anyone want to ask questions or chat about the weather? 01:26:50.466 --> 01:27:02.145 - not at this point. All right. Anyone? You asked specific questions, and you seem to have... Oh, well, 01:27:02.145 --> 01:27:13.939 - do we have the public? We already asked. Nobody wanted to talk. Okay. That being the case, I move that 01:27:13.939 --> 01:27:15.198 - we approve 01:27:15.330 --> 01:27:27.071 - Various 2614B McWhorter-Karst Conservancy area setback at 1837 E Sanders Second Avenue and 1845 E Sanders 01:27:27.071 --> 01:27:38.369 - Second Avenue with the condition that any gutters and drainage from the construction go away from the 01:27:38.369 --> 01:27:44.350 - Karst area and discharge outside the 50-foot setback. 01:27:45.986 --> 01:27:53.167 - And should we add to that the practical difficulties have been made because met because of the utility 01:27:53.167 --> 01:28:00.209 - lines? Yes, practical difficulties have been made and when in terms of putting it at what might have 01:28:00.209 --> 01:28:07.320 - been a practical alternate location turns out to be impractical. Second that motion. We have a second 01:28:07.320 --> 01:28:11.294 - and can we have a roll call on that vote or do you have? 01:28:11.490 --> 01:28:20.631 - something else. We had a condition recommended in the staff packet that if the Board of Zonian Appeals 01:28:20.631 --> 01:28:29.771 - approves VAR-26-14B that the Drainage Board will need to review the project. The review is tentatively 01:28:29.771 --> 01:28:37.758 - set for the May 19th, 2026 meeting. Well, let me say this. That's a very important point. 01:28:38.626 --> 01:28:45.690 - If the, let me ask staff, if the- Would that not have to, I'm gonna interrupt you. Would that not already 01:28:45.690 --> 01:28:52.421 - have to be a condition? Oh, that's not a legal condition already if we were to approve this? I mean, 01:28:52.421 --> 01:28:59.285 - if you had denied it, it would not have to go to the board or to the drainage board. Okay. But because 01:28:59.285 --> 01:29:05.150 - it is being approved here, then it does need to go. And so I would add a condition that 01:29:05.442 --> 01:29:12.460 - it only proceed that the project only proceed if the drainage board approves it, or in accordance with 01:29:12.460 --> 01:29:19.547 - any conditions the drainage board sets. Is that language that you were seeking, Mr. Brown and Assistant 01:29:19.547 --> 01:29:26.838 - Director Berman? So you would want to switch the original condition that you had crafted about the gutters 01:29:26.838 --> 01:29:33.651 - and the drainage going out? I want to have both. You want to have both? Great. I can do both. And I 01:29:33.651 --> 01:29:34.878 - will second that. 01:29:34.978 --> 01:29:43.328 - It changed motion. Okay, that's been seconded There's been a motion and a second to approve VAR-26-14B 01:29:43.328 --> 01:29:51.597 - which is the McWhorter Karst Conservancy area setback to chapter 826 and there are two conditions one 01:29:51.597 --> 01:30:00.190 - is a condition in the staff report that reads that the drainage board will need to review the project and 01:30:00.354 --> 01:30:08.474 - and it is tentatively on the agenda for May 19th, 2026. And the second agenda crafted by the BCA was 01:30:08.474 --> 01:30:16.594 - that any gutters and drainage discharge should be away from the Karst Conservancy area and should be 01:30:16.594 --> 01:30:24.794 - discharged outside of the KCA, Karst Conservancy area. All right, so there was a motion and a second. 01:30:24.794 --> 01:30:28.894 - I'll go ahead and call the roll. Jeff Morris? Yes. 01:30:29.538 --> 01:30:47.582 - Yes. Yes. Yes. Yes. Yes. 01:30:51.106 --> 01:30:57.914 - The drainage board is held in the showers building on the first floor. If you contact the stormwater 01:30:57.914 --> 01:31:04.722 - department, they will be able to tell you when exactly, when at the exact time and place. All right, 01:31:04.722 --> 01:31:11.597 - Mr. Schilling, assistant director and Mr. Brown and Mr. Myers, Mr. DeVaya, thank you for your service 01:31:11.597 --> 01:31:18.810 - and your time. Board members, thank you. Can I hear someone call for an adjournment? I'll move to adjourn. 01:31:18.810 --> 01:31:20.158 - All right, adjourn.