[Call to Order]
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ALL RIGHT. WELCOME TO THE BOARD OF ADJUSTMENT MEETING. I'M GOING TO GO OVER THE. PROCESS.
[Minutes: September 23, 2025]
WE'LL DO THAT TOMORROW. I'M JUST GOING TO OPEN THE MEETING AND GET THE MINUTES APPROVED.DO I HAVE A MOTION TO APPROVE THE MEETING? MINUTES FROM THE MEETING FROM SEPTEMBER 23RD, 2025. I'LL MAKE A MOTION TO APPROVE. IS THERE A SECOND? I SECOND THAT THOSE IN FAVOR OF THE MINUTES AS THEY ARE, PLEASE SAY AYE. AYE. AND I WOULD JUST NOTE, IN CASE THAT DIDN'T GET PICKED UP, I DID HEAR RON MAKE THAT MOTION. THOSE OPPOSED SAY NAY MINUTES PASS. OKAY. AT THIS POINT WE'RE GOING TO TABLE THIS APPLICATION THAT WE MET FOR FOR TODAY TILL TOMORROW. THE MOTION I'M GUESSING. PLEASE CAN I GET A MOTION TO TABLE THIS MEETING TILL TOMORROW AT 530. THAT'D BE OCTOBER 29TH, 2025. CAN I GET A MOTION, PLEASE? I'LL MAKE THAT MOTION. I GET A SECOND, I SECOND THAT THOSE IN FAVOR OF TABLING THIS MEETING TILL TOMORROW, PLEASE SAY I, I, I, I AND ONCE AGAIN. SORRY. ONCE AGAIN JACOB BECK WITH THE THE LEGAL DEPARTMENT JUST INDICATING THAT I DID HEAR RON MAKE THAT MOTION. THOSE ARE THOSE OPPOSED. SAY NAY. MOTION PASSES AND WE WILL CONTINUE THIS APPLICATION TOMORROW AT 530 HERE AT THE CITY COUNCIL CHAMBER. NOW, SORRY. ONE SECOND. RON. OKAY. SO WE DIDN'T WE DIDN'T DO ANY OF THE AGENDA ITEMS. SO WE'RE GOING TO MAKE A MOTION TO CLOSE. I THINK WE'VE TAKEN CARE OF THE AGENDA ITEM, OKAY. AND THERE'S NOTHING ELSE. SO SO WE'RE GOOD TO CLOSE. ALL RIGHT. EXCELLENT.ALL RIGHT. JUME DID THE MINUTES YESTERDAY SO WE CAN MOVE ON TO THE PUBLIC HEARING. I'LL GO THROUGH THE PROCEDURE SCRIPT REALLY QUICKLY SO EVERYBODY'S ON THE SAME PAGE. BEFORE WE GET TO THE AGENDA ITEM, WHICH WOULD BE THE VARIANCE. I'LL EXPLAIN THE PUBLIC HEARING PROCEDURE. THE CHAIRMAN MYSELF WILL OPEN THE HEARING FOR PUBLIC TESTIMONY. THE APPLICANTS WILL BE ASKED TO PRESENT THE APPLICATION. AFTER THAT, STAFF WILL WILL GO OVER A STAFF REPORT. THEY WILL INVITE MEMBERS OF THE PUBLIC. OFFER THE MEMBERS OF. OFFER THE PUBLIC AN OPPORTUNITY TO COMMENT ON AN ITEM ON THE AGENDA. THE BOARD WILL NOT ANSWER QUESTIONS FROM THE PUBLIC. HOWEVER, THE APPLICANT MAY ANSWER THEM DURING THE REBUTTAL PERIOD OF THE MEETING.
ANYONE WISHING TO SPEAK IN FAVOR OF THE APPLICATION WILL BE CALLED ON TO SPEAK FIRST.
ANYONE WISHING TO SPEAK NEUTRAL BE CALLED ON NEXT. ANYONE IN OPPOSITION WILL HAVE AN OPPORTUNITY TO SPEAK ONCE CONCERNS OR COMMENTS ARE STATED. IT IS ON THE RECORD. IT WILL BE CONSIDERED AND DOES NOT NEED TO BE REPEATED. FINALLY, THE APPLICANT WILL BE INVITED TO REVIEW COMMENTS OR ANSWER ANY QUESTIONS BROUGHT UP BY THE PUBLIC. IF THEY WISH TO DO SO.
THE BOARD MAY ASK QUESTIONS THROUGHOUT THIS PROCESS TO GATHER INFORMATION OR TO CLARIFY STATEMENTS THAT HAVE BEEN MADE. THE CHAIRMAN WILL THEN CLOSE THE PUBLIC HEARING PORTION OF THE MEETING. AS THE PUBLIC HEARING IS CLOSED, THE PUBLIC WILL NOT BE ALLOWED TO COMMENT. THE BOARD WILL. THEN THE BOARD WILL THEN DELIBERATE AND MAKE A DECISION. THE BOARD MAY CHOOSE TO APPROVE, APPROVE WITH CONDITIONS OR TABLE THE APPLICATION FOR ADDITIONAL
[VAR25-004: Variance to reduce the side and rear setbacks for an accessory structure ]
INFORMATION. SO WE WILL JUMP RIGHT INTO THE PUBLIC HEARING PORTION AND GIVE THE APPLICANT THE FLOOR TO PRESENT THEIR APPLICATION. THANK YOU. THANK YOU. SO FIRST I'M GOING TO MAKE SURE THAT'S RIGHT. IT'S EVERYBODY'S FIRST TIME. YOU GOT IT. NO WORRIES. OKAY. SO MY NAME IS RANDY LAWRENCE. I'M LOOKING TO REBUILD MY GARAGE. THERE'S AN ESTABLISHED BUILDING THAT'S BEEN THERE SINCE 1951. IT IS. IT'S DUE. I KNOW, BUT WITH THE WAY THE HOUSE WAS BUILT BACK IN THE DAY AND WHAT WE HAVE NOW. AND CODES AND THIS AND THAT. IT'S A LITTLE AWKWARD.AND THE SHAPE OF MY YARD IS A LITTLE AWKWARD, TOO. I MEAN, MY HOUSE IS ALMOST LIKE A PIE OCTAGON THING, AND THEN THE HOUSE IS ACTUALLY A DOGLEG TO THE LEFT AND MY GARAGE IS
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STRAIGHT AND ALL THAT. SO WITH THAT NOTE, I WANT TO TRY AND KEEP IT CLOSE TO THE NORTH ON IT. SORRY. AND THEN JUST MAKE IT A LITTLE BIGGER, BECAUSE EVEN NOWADAYS I GOTTA STOP PICKUP. AND WE HAD JUST A FEW INCHES IN THE FRONT, TWO INCHES IN THE BACK. IT IS THE SAME LENGTH AS MY GARAGE OUTSIDE, OUTSIDE NOW, YOU KNOW. SO IT'S NOT LIKE I'M TRYING TO GO SUPER HUGE, BUT JUST GIVE ME SOME MORE ROOM TO PUT THIS. AND IF I'M GETTING THAT MUCH MORE ROOM.I WANT TO GET MY DAUGHTER'S TRUCK. TWO I WANT TO MAKE A TWO CAR GARAGE. THERE'S ENOUGH ROOM.
THE CITY AND I, I'M PLANNING PEOPLE. AND I TALKED IT OUT, AND WE'RE OKAY WITH SOME OF THE ROOM THAT'S ON THERE. IT'S ACTUALLY GOING TO GO NO FURTHER FORWARD THAN IT IS NOW. IT'S JUST GOING TO GO BACK IN A LITTLE WIDER. SO I NOTICED IN THEIR PAPERWORK THEY WERE ASKING FOR I'M ASKING TO COME IN ONE FOOT FROM PROPERTY LINE, BECAUSE RIGHT NOW IT IS MY BUILDING IS THE PROPERTY LINE. THE FENCE COMES UP TO THE FRONT OF IT, AND THEN THE FENCE STARTS AT THE BACK OF IT. MOVE BACK. IT IS LITERALLY AN ALIGNMENT. I'M COMING IN A FOOT TO PUT A FENCE IN THERE AND ACTUALLY ESTABLISH THAT LINE. BUT THEY WERE ASKING IF THEY SENT ME AN EMAIL ASKING FOR THREE FEET, AND I'M OKAY WITH THAT BECAUSE I GOT SIX FEET IN BETWEEN THE BUILDING I WANT TO BUILD IN MY CORNER OF MY HOUSE. AND IF I GIVE TWO FEET OFF THAT TO THAT THREE FEET, THAT WOULD BE FINE, BECAUSE THAT STILL GIVES ME FOUR FEET TO WALK IN BETWEEN MY BUILDING. I CAN PUSH A LAWNMOWER THROUGH THERE OR BARBECUE OR IS STILL, AND IT'S NO DIFFERENT THAN EVEN MY NEIGHBOR'S HOUSE TO MY OTHER SIDE. I MEAN, YOU WALK OUT HIS FRONT DOOR AND IT'S LIKE YOU GOT TO DUCK YOUR HEAD TO HIS CORNER, HIS BRUSH. SO, I MEAN, AT LEAST MINE'S GOING TO BE A STRAIGHT WALKWAY, I KNOW. SO ON THAT NOTE, EVERYTHING IS GOING TO BE PROFESSIONALLY. COME IN. I'M GOING TO HAVE A CONTRACTOR COME IN AND PUT EVERYTHING DOWN.
THE ONLY THING I AM GOING TO DO MYSELF IS TO BUILD IT, BECAUSE IT'S A IT'S A BUILDING, JUST A NORMAL, JUST A LITTLE 18 BY 40. SO 18. YEAH. GIVES US TWO CARS AND THEN 40FT. SO THAT GIVES ME 21FT FOR MY VEHICLE BECAUSE THAT'S WHAT THE TRUCK IS. AND THEN AT LEAST A FEW MORE FEET ON THE OTHER SIDE OF THE FOR THE TOOLBOX AND TOOLS AND BENCH AND STUFF LIKE THAT. SO. LET'S SEE. OTHER THAN THAT, I THINK THAT'S IT. I THINK I HOPE I COVERED EVERYTHING. EXCELLENT.
THANK YOU, MR. LLOYD. ANY QUESTIONS FROM THE BOARD? WHAT YEAR WAS THAT PROPERTY BUILT? 1951. 51. NOT AS OLD AS I AM. WERE YOU? DID YOU SAY THAT YOUR YARD IS FENCED? YES. PARTLY FENCED. WELL, THE WHOLE THING IS FENCED. YES. ACTUALLY, I'M TRYING TO THINK OF WHICH ONE THAT IS. NOW, IF. OH, THERE WE GO. YEP. SO IT COMES RIGHT UP TO THE FRONT OF MY GARAGE AND THEN MY GARAGE. AND THEN IT STARTS AGAIN AT THE BACK OF THE GARAGE. ARE YOU GOING TO EXTEND YOUR FENCE. YEAH. OR YOU WANT TO MAKE A WHOLE SOLID FENCE ALL THE WAY BACK FROM THE FRONT ALL THE WAY TO THE BACK. WE'LL KEEP IT THE FOUR FEET IN FRONT OR WHATEVER. IT'S, YOU KNOW, CODE.
AND THEN AS FAR AS WE CAN COME BACK, PROBABLY, I THINK IT'S RIGHT THERE BEHIND THAT BRONCO ALL THE WAY BACK. IT'LL BE THE SIX FOOT SECURITY, YOU KNOW, JUST A BASIC. BUT WE'RE WE'RE TALKING ABOUT DOING A WHAT IS IT CALLED, FINAL, FINAL, FINAL SIZE DOWN THERE. I'M THE NEIGHBOR ON THE NORTH. YEAH. SO, THIS WILL BE HIS PRIORITY BOX THAT YOU SEE THERE. THAT'S MY PROPERTY. SORRY. WE DO HAVE TO KEEP IT TO JUST ONE PERSON TALKING AT THE PULPIT THERE.
BUT IF IF YOU'RE GOING TO CHIME IN, YOU'RE PROBABLY MORE THAN WELCOME TO SO. BUT IT WOULD BE UP TO THE PULPIT AND YOU'D BE SHARING YOUR NAME AND INFORMATION. ADDRESS INFORMATION, JUST FOR CLARITY, I HOPE THAT ANSWERS MY QUESTION. THANK YOU. OKAY. SCOTT, I DON'T KNOW. THANK YOU. APPRECIATE IT. OKAY. WE'LL THEN MOVE ON TO THE STAFF REPORTS. THE REQUESTED ACTION TONIGHT IS TO APPROVE THE VARIANCE TO ALLOW REDUCTION OF THE SIDE SETBACK ON THE NORTH PROPERTY LINE FROM SIX FEET, AS REQUESTED IS TO ONE FOOT FOR THE APPLICANT FOR
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DETACHED ACCESSORY STRUCTURE. THE PROPERTY OR THE APPLICATION WAS SUBMITTED ON SEPTEMBER 4TH, 2025. THE PROPERTY WAS ANNEXED INTO THE CITY IN 19. IN 1952, PLATTED IN 1954, AND THERE ARE CURRENTLY NO OTHER CONDITIONAL USES OR VARIANCES ON THE PROPERTY. THE PROPERTY IS ZONED R-1 SINGLE DWELLING RESIDENTIAL AND IS SURROUNDED ENTIRELY BY THE R-1 ZONE AND SINGLE DWELLING RESIDENTIAL USES, EXCEPT FOR THE SCHOOL TO THE WEST. IN 2020, THE PROPERTY OWNERS EXCHANGED PORTIONS OF THEIR RESPECTIVE PROPERTIES ALONG THE SOUTH PROPERTY LINE AND USE THE EXISTING FENCE TO ESTABLISH A NEW PROPERTY LINE WITH SIGNIFICANTLY REDUCE THE USABLE FRONTAGE OF THE PROPERTY. SO AS YOU CAN SEE. THE ACTUAL FRONTAGE OF THE PROPERTY NOW IS VERY SMALL AND ACCESS INTO THE PROPERTY, ESPECIALLY TO THE SIDE ON THE SOUTH OF THE HOUSE, IS ALMOST IMPOSSIBLE. THE DETACHED ACCESSORY STRUCTURES IN RESIDENTIAL ZONES ARE REQUIRED TO MEET THE PRIMARY SIDE SETBACK. IF THEY'RE NOT, IF THEY'RE LESS THAN 12FT BEHIND THE HOUSE. AS YOU CAN SEE, THE HOUSE ALMOST GOES TO THE BACK PROPERTY LINE AND BACK.HERE IS A 12 FOOT PUBLIC UTILITY EASEMENT, AND NO STRUCTURES CAN ENCROACH INTO THAT EASEMENT OR BE BUILT ON IT OR EXTEND OVER IT ANYWAY. SO THE BACK PART OF THIS PROPERTY IS NOT BUILDABLE, AND THERE'S NOT A WAY FOR THE PROPERTY OWNER OR THE APPLICANT TO REBUILD BEHIND THE HOUSE. SO AS I SAID THAT THE PRIMARY SIDE EFFECT OF SIX FEET, THE APPLICANT ORIGINALLY REQUESTED A ONE FOOT SET TO BE REDUCED TO ONE FOOT AS STAFF IS REQUESTING THREE FEET TO HELP MITIGATE POTENTIAL NEGATIVE IMPACTS TO AUSTRALIAN PROPERTIES, BUT ALSO BECAUSE ANYTHING CLOSER THAN THREE FEET REQUIRES A SMALL FIRE SEPARATION. AND SO TO HELP PREVENT CONFLICT WITH THE BUILDING CODE, WE FELT IT WAS MORE APPROPRIATE. IT IS, OF COURSE, THE PREROGATIVE OF THE BOARD TO DECIDE IF ONE FOOT, AS ORIGINALLY REQUESTED IS APPROPRIATE OR NOT. STAFF IS STILL RECOMMENDING THREE FEET JUST TO HELP WITH THAT FIRE SEPARATION ISSUE. BUT YEAH. SO. STAFF OTHER THAN THAT STAFF HAS REVIEWED THE APPLICATION AND RECOMMENDS APPROVAL AGAIN WITH THAT SET. AND THEN HAPPY ATTENTION QUESTIONS. ANY QUESTIONS FROM THE BOARD? I KIND OF HAVE ONE FOR APPLICANT. YEAH. FORGET NOW BUT I CAN.
COME BACK. I'M SORRY. THERE'S ONE MORE THING TO KEEP IN MIND IS THE VARIANCE RUNS WITH THE LAND. SO REGARDLESS OF THE EXISTING CONDITIONS OR EXISTING PROPERTY OWNERS. THIS REDUCTION TO THE SETBACK WILL GO ESSENTIALLY FOREVER. AS LONG AS THE PARCEL IS THERE. SO JUST KEEP THAT IN MIND. I HAVE A QUESTION, MR. CHAIRMAN. DESCRIBE THE THE DIFFERENCE IN THE THREE FEET AND THE ONE FOOT AS FAR AS THE CITY IS CONCERNED, WHY IS ONE BETTER THAN THE OTHER? SO IF YOU'RE CLOSER, ANY PORTION OF THE STRUCTURE CLOSER THAN THREE FEET REQUIRES ADDITIONAL FIRE SEPARATION OF MORE SEPARATION ALSO ALLOWS FOR MAINTENANCE ALONG THE PROPERTY LINE, WHEREAS 1A1 SEPARATION THERE WOULD BE HARDER TO MAINTAIN THE PROPERTY WITH THAT GAP. ALSO ANY. ANY SNOW RUNOFF OR DEBRIS FALLING OFF OF THE ROOF NEEDS TO BE MAINTAINED ON THE PROPERTY, AND IF IT'S TOO CLOSE TO THE PROPERTY, THAT'S HARDER TO MANAGE. JUST JUST KEEPING A LITTLE BIT OF SEPARATION HELPS WITH ALL OF THOSE ALL OF THOSE THINGS.
THANK YOU. SO THREE FEET THEY CAN NEGATE THE FIREWALL ON THAT ANYTHING. SO IF THERE'S AN EAVE THAT OVERHANGS PAST THREE FEET WILL STILL NEED OTHER FIRE SEPARATION. BUT AT LEAST IT'S
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NOT THE ENTIRE THE ENTIRE WALL. RIGHT. SO THREE FEET CAN CUT. YES. IF YOU'RE CLOSER THAN THREE FEET YOU HAVE TO MEET THE THAT FIREWALL OF THE ROOF. IF IT'S WITHIN THE ACTIONSCRIPT.OKAY. ANY OTHER QUESTIONS FROM THE BOARD FOR THE STAFF? THANKS, DAVID. ALL RIGHT. SO NOW WE'LL TAKE IT TO THE PUBLIC IF THERE'S ANYONE WHO WOULD LIKE TO SPEAK ON BEHALF OF THE APPLICANT, THEY'RE WELCOME TO TAKE IF NEED A NAME AND ADDRESS. IS THAT OKAY? YEP. YEAH. OKAY.
SO I AM SO I AM THE NEIGHBOR THAT IS ON THE NORTH. OF RANDY. AND HE HAS WE JUST NEED YOUR NAME AND ADDRESS AS WELL. JUST FOR THE RECORD. OH MY NAME IS ROY. MY LAST NAME IS BROWN AND MY ADDRESS IS 575 NORTH AVENUE. SO. I TOLD RANDY THAT. AND HE, YOU KNOW, AS WE, AS WE HAVE TALKED ABOUT THIS EXTENSIVELY ABOUT THE PROPERTY AND HIM WANTING TO BUILD HIS NEW GARAGE, AND I JUST WANTED TO TELL YOU ALL, HE ABSOLUTELY HAS MY FULL BLESSING OF WHATEVER IT IS THAT HE NEEDS TO BUILD OUT. SO HE'S GOT FULL, HE'S GOT ABSOLUTELY EVERYTHING FOR ME AS FAR AS SUPPORT GOES, AS HIS NEIGHBOR. SO JUST LET THAT BE KNOWN. THANK YOU, I APPRECIATE IT. IS THERE ANYONE WHO WOULD LIKE TO BE TO SPEAK NEUTRALLY ON THIS APPLICATION? SO ANYONE NEEDS TO SPEAK AGAINST HIM? SEEING NONE. HEARING NONE. WOULD YOU LIKE TO REVIEW? ACTUALLY, COULD YOU COME BACK TO THE PODIUM FOR FOR ANOTHER QUESTION? IS THAT OKAY? I HAD FORGOT ONE THING. YES.
YEAH. PLEASE GO AHEAD. YEAH. SO TALKING ABOUT ALL THE FIRE STUFF, I TOTALLY FORGOT THAT I WAS GOING TO ON THAT NORTH WALL. I WAS ALREADY GOING TO DOUBLE OPENING DRYWALL AND IT REQUIRED TO AND DURATION ON THE SHAFT AND STUFF. SO I AM GOING TO MAKE SURE THAT SITE IS FIRE PROTECTED. OKAY. COOL. OKAY. I GUESS MY QUESTION IS WITH THE STAFF RECOMMENDING A THREE FEET AND YOU REQUESTING A ONE FOOT, IF WE GAVE YOU A CONDITIONAL USE PERMIT THAT GAVE YOU THAT THREE FOOT VARIANCE, HOW WOULD THAT IMPACT YOUR BUILDING PLANS? IT WOULD BE TOO BAD, BECAUSE I CAN STILL TAKE TWO FEET OF SIX FEET. I HAVE IN BETWEEN. I WAS PLANNING ON THAT. TAKE TWO FOOT OUT OF THAT AND PUT THREE FEET ON THEIR SIDE ON THE NORTH, AND THAT WILL GIVE YOU A FOUR FOOT WINDOW IN BETWEEN THE GARAGE TO THE HOUSE THAT I CAN STILL WALK THROUGH IT, PUSH THEM OVER THROUGH THEIR BARBECUE OR WHATEVER I NEED TO DO TO GET TO THE BACK DOOR. I'M FINE WITH THAT. THANK YOU. ANY OTHER QUESTIONS FOR RANDY? LORD, NO. IT LOOKS PRETTY STRAIGHTFORWARD.
OKAY, OKAY. WE WILL NOW CLOSE THE PUBLIC PORTION OF THE MEETING AND WE WILL DELIBERATE.
LIKES ON. THANK YOU. I THINK FOR ME. NOT ONLY IS IT RECOMMENDED FOR STAFF, BUT I MEAN THE NEIGHBORS OKAY WITH IT. HE'S MEETING ALL VARIANCES OR ANY, YOU KNOW, THAT HE WOULD NEED TO DO TO MAKE THIS A REALITY. SO I'M DEFINITELY IN SUPPORT OF GRANTING IT. AGREED.
YEAH. IT LOOKS LIKE THE NEIGHBORHOOD'S HAPPY WITH IT. YES, SIR. IT LOOKS LIKE YOU GOT A PLAN THAT YOU WANT TO IMPLEMENT AND MAKE IT GOOD. SO I CAN SUPPORT IT. CAN I ASK A QUESTION OF STAFF? IS THAT ALLOWED? MISS JENNIFER? YES. WELL, I WANT TO VERIFY. DID WE ACTUALLY CLOSE THE CLOSE THE HEARING FOR PUBLIC? I CAN'T REMEMBER IF WE DID, BUT YEAH, YOU CAN ASK ANOTHER QUESTION FOR STAFF. STAFF. SO I SAID. FOR STAFF ANYWAY, DO YOU SEE IT AS A PROBLEM IF WE GIVE THEM THE CHOICE TO CHOOSE BETWEEN THE THREE FEET AND NOT DOING THE FIRE BARRIER OR ONE FEET AND DOING A FIRE BARRIER? SO REGARDLESS, THEY'LL STILL NEED TO MEET WHATEVER THE BUILDING CODE IS GOING TO REQUIRE. THE RECOMMENDATION IS TO HELP ENGAGE THAT REQUIREMENT, BUT IT IS REALLY THE DECISION YOU MAKE SHOULD BE MADE ON BASED ON THE
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FACTS AND SOUND REASONING. BUT THAT DECISION IS STILL YOURS TO MAKE. SO YOU DON'T. YOU JUST NEED TO WAIT. I GUESS WHAT I ASK, IS THERE ANY MORE OTHER? IS THERE ANY OTHER CONCERN BESIDES THE FIRE BARRIER? SO LIKE I SAID, PROPERTY MAINTENANCE AND NEGATIVE IMPACTS TO THE NEIGHBORING PROPERTY. AND WHAT I MEAN BY THAT IS ANY STORMWATER DEBRIS OR ANYTHING LIKE THAT THAT ROLLS OFF OF THAT ROOF NEEDS TO BE STAYED PUT ON THE PROPERTY.RIGHT. AND THE ONE FEET MAY NOT BE SUFFICIENT FOR THAT. BUT THAT DETERMINATION REALLY IS UP TO THE BOARD. AND WE CAN MAKE THAT AS PART OF A CONDITIONAL USE, IS THAT THAT STUFF IS MAINTAINED UP TO YOUR REQUIREMENTS AND AND CODE. WELL, WE NEED TO DO A, WE NEED TO DO A CONDITIONAL USE PERMIT ANYWAYS BECAUSE THE MINIMUM SETBACK IS SIX. RIGHT. YEAH. SO THAT'S SO THE VARIANCE. WE NEED A CONDITIONAL USE PERMIT ANYWAYS. OH FOR SURE. YEAH.
YEAH. SO YOU CAN DO A CONDITIONAL ON THE VARIANCE. BUT WHAT THAT LOOKS LIKE IS ALSO UP TO YOU TO DELIBERATE AND FIND. WHAT THAT BEST ANSWER IS. SO IF HE WERE TO IF HE WERE TO GO WITH HIS ONE FOOT, HE WOULD HAVE TO. DOES HE NEED TO HAVE IT INSPECTED, THE BUILDING INSPECTED TO MAKE SURE THAT IT IS UP TO FIRE CODE OR NOT TO BE INSPECTED ANYWAY? ANYWAY, YEAH, YEAH, I'LL HAVE TO READ THE REQUIREMENTS AND THE CITY WILL MAKE SURE THAT THAT'S FOLLOWED.
BUT THE. SO THE ONE FOOT THOUGH WOULD GO TO THE EDGE OF THE BUILDING, NOT TO THE EDGE OF THE OVERHANG. RIGHT? CORRECT. SO YES. SO IF THERE'S SAY SIX INCH OR IT'LL GO OVER THAT ONE.
BUT YEAH. WHICH WILL ALSO HAVE TO BE FIRE. YEAH. BECAUSE IF I'M NOT MISTAKEN, YOU CAN GO RIGHT TO THE PROPERTY LINE AND MINUS THE EAVE COULDN'T OVERHANG IT. BUT GO RIGHT TO THE PROPERTY LINE. IS THAT CORRECT. AS FAR AS I UNDERSTAND. BUT YOU HAVE THE STANDARD SETBACK. SO SETBACK IS MEASURED FROM THE NEAREST FOUNDATION TO THE THE PROPERTY LINE. AND DESIGNED TO THE OVERHANG. THOSE ARE ALLOWED TO ENCROACH ONE THIRD INTO THE SETBACK. SO IN THIS CASE TWO FEET. BUT IF YOU REDUCED IT THREE FEET YOU COULD OVERHANG ONE FOOT. IF YOU REDUCE TO ONE FOOT, YOU DID OVER A FOUR. INCHES YOU SAID THIRD. YEAH. SO SO BUT YES, IF IT'S FIRE RESISTANT, IF IT MEETS ALL THE BUILDING CODE REQUIREMENTS, YOU KNOW, THEORETICALLY YOU COULD HAVE THE EAVE COME TO YOUR PROPERTY, BUT WE WOULDN'T BE ABLE TO APPROVE ANYTHING WHERE THE EAVES OVERHANGING YOUR PROPERTY. CORRECT. I JUST WANT TO MAKE SURE I WAS UNDERSTANDING THE APPLICANT'S EXPLANATION. AND IF I'M WRONG ON THIS, PLEASE CORRECT ME BECAUSE I WANT TO GET IT RIGHT. YOU HAVE A WAY OF DOING THIS WITH THE THREE FOOT SETBACK THAT IS SATISFACTORY TO YOU, AND YOU CAN MAKE THAT WORK. I CAN MAKE THAT WORK. YES. OKAY.
I'M READY TO MAKE A MOTION. AGREED. ANY QUESTIONS? OKAY. YOU'RE READY FOR MOTION. GO FOR IT. ALL RIGHT. I MAKE A MOTION THAT WE APPROVE THE CONDITIONAL USE PERMIT REQUIRING THE THREE FOOT SPACE, AS OPPOSED TO THE ONE FOOT THAT WAS REQUESTED. OKAY, BEFORE I BEFORE I GET A SECOND. ONE SECOND. DO YOU HAVE ANY QUALMS WITH ALLOWING THEM TO DO THE ONE FOOT IF THEY MEET THE CODE REQUIREMENTS? I'M A LITTLE NERVOUS ABOUT THE FIRE PART OF IT. WE'RE CROWDING THE ABILITY FOR THE FIRE GUYS TO GET IN THERE. I KNOW IT CAN WORK, BUT I'D LIKE TO SIGHT ON THE SIDE OF CAUTION FOR EVERYBODY IF I GET A CHOICE. OKAY? I MEAN, THE FIRE CONCERN IS MOSTLY FOR THE NEIGHBOR SO THAT IT DOESN'T SPILL OVER TO THEIR PROPERTY. THE FIRE DEPARTMENT PROBABLY STILL ATTACK IT FROM THE OTHER NEIGHBORING SIDE. YEAH, EVEN WITH THREE FEET. YEAH. WELL, I THOUGHT THAT THE CITY HAD SAID THAT THEY WAS CUTTING IT CLOSE FOR FIRE. SORRY. SO JUST FOR CLARIFICATION, WHEN WAS FIRE SUPPRESSION IN THIS SENSE, WE'RE TALKING ABOUT A FIRE WALL. AND I THINK IN THIS CASE WOULD BE AT LEAST A ONE HOUR FIRE WALL. SO IT IS A MORE HEAVY DUTY DRYWALL OR, OR SOME OTHER WALL ASSEMBLY, AS THEY SAY,
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THAT WOULD PREVENT THE FIRE FROM SPREADING TO ANOTHER PROPERTY IN THE EVENT OF A FIRE, AND THAT, IN THEORY, WOULD MITIGATE IT FOR THE ONE FOOT. YES. SO THEY WOULD STILL NEED TO MEET THE BUILDING CODE FOR THAT. IF THEY'RE WITHIN THE BUILDING CODE ALLOWS THEM TO DO IT. IF THEY HAVE THAT BOLSTERED FIREWALL. YEAH. THE DOES THAT HELP. YEAH. THANK YOU. THAT THAT CLARIFIES. SO MR. CHAIRMAN, I CAN GO EITHER WAY. HOW DO YOU GUYS FEEL. I MEAN, THE DRAINAGE IS TRICKY BECAUSE WE COULD PUT IN. A VARIANCE THAT GUTTERING WOULD BE REQUIRED TO DRAIN ONE WAY OR THE OTHER TO ASSURE THE WATER'S NOT GOING UNDER THE. THE WEST PROPERTY LINE, WHICH WAY IS WEST? IS THE CLARY GAIL, NOT CLARY. GAIL AGES ME THE COUNTY COMPASS ACADEMY. THAT'S TO THE SOUTH. RIGHT WEST. WEST. WEST. OKAY, JUST SO YOU'RE AWARE, I KNOW YOU'RE DELIBERATING RIGHT NOW THAT APPLICANT APPEARS TO HAVE SOMETHING TO SAY. IF IF YOU HAVE A QUESTION OF HIM, YOU MAY ASK FURTHER. OKAY. I'M GOING TO SAY THAT WE GO WITH THE THREE FEET BECAUSE I OWN A HOUSE RIGHT ON THE OTHER SIDE OF. WHAT'S THE ONE ACROSS THE STREET, THE ELEMENTARY SCHOOL ACROSS THE STREET. AND MY SHOP IS I ONLY HAVE TWO FEET BETWEEN MY SHOP AND THE CHAIN LINK FENCE AT THE SCHOOL, AND WE GOT AN INVASIVE SPECIES GROWING IN THERE. I'M SURE THAT BIRDS DROPPED THEIR SEEDS, AND WE ENDED UP HAVING A HUGE NIGHTMARE WITH THE SCHOOL TRYING TO DIG IT OUT, RUIN THEIR FENCE, BLAH BLAH BLAH.AND I WOULD SUGGEST GOING THREE FEET, OKAY. I'M ON THE FENCE ON THIS ONE, NO PUN INTENDED, BUT I WOULD SAY THAT THE THREE FOOT ONE, HE DID MAKE CLEAR THAT IT WOULDN'T BE A HUGE DEAL AND HE COULD MAKE IT WORK. SO IF ANYONE'S ON THE FENCE THERE, IT SOUNDS LIKE HE CAN STILL HAVE THIS GARAGE AND DO IT IN A MANNER THAT HE WOULD WANT TO DO. REGARDLESS OF HOW WE DECIDE ON THIS ONE. SO I DON'T THINK A ONE FOOT IS A REQUIREMENT TO DO THAT, BUT I GUESS IT'S UP TO YOU GUYS TO DETERMINE TOO, ALONG WITH ME. BUT IF WE THINK THAT ONE FOOT PRESENTS SUCH A RISK AND YOU WERE TALKING ABOUT YOUR OWN EXPERIENCE WITH IT, SO I DON'T KNOW WHAT ARE WHAT ARE YOUR THOUGHTS? CAN I CONTINUE WITH MY MOTION? SURE. OKAY. AND WE'LL WE'LL THROW THIS OUT HERE.
I MAKE A MOTION THAT WE APPROVE THE CONDITIONAL USE PERMIT WITH THE THREE FOOT SPACING AS RECOMMENDED BY THE CITY. DO YOU FEEL THE SAME? YOU FEEL THE SAME? NO. YEAH. I COULD GO EITHER WAY. SO IT DOESN'T. ABOUT THREE FEET. YOU'RE GETTING MORE COMFORTABLE WITH THAT. OKAY. WOULD YOU MIND RESTATING THE MOTION FOR US? YEAH. I MAKE A MOTION THAT WE APPROVE THE CONDITIONAL USE PERMIT WITH THE WITH ONE ADDITIONAL CONDITION THAT IT BE AT THE THREE FOOT MARK, NOT THE ONE FOOT MARK FROM THE NORTH PROPERTY FROM THE NORTH.
PROPERTY. OKAY. DO I HAVE A SECOND? I SECOND THAT THOSE IN FAVOR OF THE MOTION PRESENTED BY RON, PLEASE SAY AYE. AYE AYE AYE. THOSE OPPOSED SAY NAY. ALL RIGHT. THE VARIANCE FOR THE COMMISSIONERS PERMIT PASSES. THANK YOU. APPRECIATE IT. THAT WAS READ THIS RECENT STATEMENT.
WE'LL. GET BACK THEN. SO THE REASON STATEMENT OF RELEVANCE CRITERIA STANDARDS THE BOARD OF ADJUSTMENT. CONSIDER THE REQUEST PURSUANT TO CITY IDAHO FALLS. I'M SORRY. DO I NEED TO READ THE WHOLE THING? OKAY. AND WE USE THE STATE TITLE AND THE YOU DON'T NEED REALLY NEED TO READ ANY OF IT. YOU JUST NEED TO BOARD NEEDS TO MAKE SURE THAT THE REASON STATEMENT CAPTURES WHAT YOUR DECISION MAKING CRITERIA WAS. AND IF THAT IS THE CASE, YOU WOULD JUST NEED TO MAKE A MOTION ON THE REASON STATEMENT. OKAY, YOU DON'T NEED TO READ IT INTO THE RECORD OR DO ANYTHING. I'M SORRY, I WAS SAYING JUST DECISION. OKAY. IS EVERYBODY HAD A CHANCE TO READ IT THERE BASED ON THE ABOVE REASONS STATEMENT OF RELEVANT CRITERIA.
THE BOARD OF ADJUSTMENT, CITY OF FALLS APPROVES THE VARIANCE TO REDUCE THE ACCESSORY SIDE SETBACK FROM 6FT TO 3FT. I GET A MOTION TO ACCEPT THIS RECENT STATEMENT OF RELEVANT CRITERIA
[00:30:06]
AND STANDARDS. I WILL SO MOVE. OKAY. SECOND, PLEASE. I'LL SECOND IT. THOSE IN FAVOR OF THE STATEMENT AND RELEVANT CRITERION STANDARDS PLEASE SAY AYE. AYE AYE AYE. THOSE OPPOSED SAY NAY. RECENT STATEMENT OF RELEVANT CRITERIA AND STANDARDS PASSES. EXCELLENT. THANK YOU FOR BEING PATIENT WITH US. AND SECONDLY THANK YOU. YEAH. SORRY FOR THE DELAY. I APOLOGIZE ON THAT. THAT WAS TOTALLY ON ME. YEAH, THAT'S A RARITY FOR ME, BUT* This transcript was compiled from uncorrected Closed Captioning.