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[Call to Order]

[00:00:14]

IN A. DISCUSS THE. THE ETIQUETTE HERE. THE CHAIRMAN WILL OPEN WILL OPEN THE HEARING FOR PUBLIC TESTIMONY. THE APPLICANT ASKED TO PRESENT THE APPLICATION. THE STAFF WILL GO OVER STAFF REPORT. COMMENT ON AN AGENDA ITEM. PLEASE KEEP IN MIND THE BOARD WILL NOT ANSWER QUESTIONS FROM THE PUBLIC. HOWEVER, THE APPLICANT MAY ANSWER THEM DURING THE REBUTTAL PERIOD OF THE MEETING. YOU MAY WISH TO SPEAK IN FAVOR OF THE APPLICATION. WE CALLED ON YOU TO SPEAK FIRST. ANYONE WISHING TO SPEAK NEUTRAL, WE CALLED ON NEXT. ANYONE IN OPPOSITION WILL HAVE AN OPPORTUNITY TO SPEAK ONCE CONCERNS AND COMMENTS ARE STATED, IT IS ON THE RECORD WILL BE CONSIDERED AND DOES NOT NEED TO BE REPEATED. THE APPLICANT WILL BE INVITED TO REFUTE ANY COMMENTS, ANSWER ANY QUESTIONS BROUGHT UP BY THE PUBLIC. IF YOU WISH TO DO SO, BOARD MAY ASK QUESTIONS THROUGHOUT THIS PROCESS TO GATHER INFORMATION TO CLARIFY STATEMENTS THAT HAVE BEEN MADE TO THE CHAIRMAN OF THE PUBLIC HEARING PORTION OF THE MEETING. ONCE THE PUBLIC HEARING IS CLOSED, THE PUBLIC WILL NOT BE ABLE WILL NOT BE ALLOWED TO COMMENT. THE BOARD WILL THEN DELIBERATE AND MAKE A DECISION.

THE BOARD MAY CHOOSE TO APPROVE, APPROVE WITH CONDITIONS OR TABLE THE APPLICATION FOR

[1. Minutes: December 16, 2025]

ADDITIONAL INFORMATION. SO MOVE ON TO THE AGENDA. SO WE HAVE MINUTES TO APPROVE. IS THAT CORRECT? DECEMBER 16TH 2025. CAN I GET A MOTION TO APPROVE OR NOT APPROVE THE MINUTES. IS THERE ANY CHANGES IN BE MADE TO THE CULTURE? CAN YOU HEAR US? I CAN I APPROVE? DO YOU HAVE ANY CHANGES? NO, NO, I APPROVE AS WELL. CAN I GET A MOTION TO APPROVE THE MINUTES AS THEY ARE IN? I'LL MAKE A MOTION TO APPROVE. THAT. WE NEED A SECOND. SECOND. THAT I APPROVE A SECOND.

THOSE IN FAVOR, PLEASE SAY AYE. AYE AYE AYE. AGAINST. PLEASE SAY NAY. MINUTES FROM DECEMBER 16TH, 2025. PASSED. PERFECT. OKAY. NEXT ON THE AGENDA IS THE VARIANCE TO REDUCE THE REQUIRED

[2.I. VAR26-002: Variance to reduce the required landscape buffer between the industrial and residential zones]

LANDSCAPE BUFFER BETWEEN THE INDIVIDUAL OR THE INDUSTRIAL AND RESIDENTIAL ZONES. THE APPLICANT IS JAKE DEAN FROM WESTERN WHOLESALE SUPPLY. SO THE APPLICANT GOES FIRST. SO JAKE, IF YOU'D LIKE TO TAKE A STAND. SURE. PRESENT YOUR APPLICATION. APPRECIATE. HEY.

GOOD AFTERNOON. THANK YOU FOR THIS OPPORTUNITY TO EXPLAIN THIS VARIANCE APPLICATION REQUEST. JAKE BEEN REPRESENTING MATURE LAND INVESTMENTS AND ALSO WESTERN WHOLESALE SUPPLY.

SO KIND OF SOME BACKGROUND. I THINK THIS DOCUMENT DID A PRETTY GOOD JOB OF EXPLAINING WHY, BUT THE REASONS FOR THIS VARIANCE IN THE FIRST PLACE HAS TO DO WITH SOME OPERATIONAL LIMITATIONS AROUND THE RAIL SPUR AND WHAT THE INTENTION BEHIND IT IS. SO WHAT WE'RE PROPOSING TO DO IS BUILD OFF OF OUR NEIGHBOR'S EXISTING RAIL SPUR AND EXTENSION INTO OUR COMPOUND, WHICH WOULD ALLOW US TO BRING DRYWALL IN ON RAIL CARS AS OPPOSED TO SEMI TRUCKS, THE TYPE OF RAIL CAR THAT DRYWALL PUT DOWN IS CALLED A CENTERBEAM RAIL CAR, WHICH MEANS THERE'S DRYWALL ON BOTH SIDES, AND YOU HAVE TO BE ABLE TO ACCESS BOTH SIDES OF THE RAIL CAR IN ORDER TO UNLOAD IT. WE ALSO NEED TO HAVE A RAIL SPUR THAT CAN ACCOMMODATE TWO RAIL CARS AT A TIME. SO DUE TO LIKE THE THE SHAPE AND SIZE OF THIS TRIANGLE, ESSENTIALLY THIS THIS STRANGE TRIANGLE ON THE NORTH SIDE OF OUR PROPERTY AND THE REQUIREMENTS AND LENGTH OF THE DIFFERENT SETBACKS AND AND RAIL SPUR LENGTHS, WE'RE TRYING TO PRESERVE ENOUGH DISTANCE AROUND THE, THE WESTERN SIDE OF THIS END OF THE RAIL SPUR TO BE ABLE TO DRIVE A FORKLIFT AROUND TO THE NORTH SIDE TO UNLOAD ON THAT ON THAT END. SO THAT'S KIND OF THE PURPOSE BEHIND THIS VARIANCE REQUEST IS SPECIFICALLY THE LOCATION OF SOMEONE'S TREES REQUIRED FOR THAT LANDSCAPE BUFFER COULD PRECLUDE OUR ABILITY TO GET A RAIL SPUR AROUND THE WESTERN END OF THE RAIL SPUR. SO WHAT WE'RE SUPPOSED TO DO ALTERNATIVELY FOR THIS VARIANCE IS RELOCATE SOME OF THOSE TREES TO THE NORTH, THE LINEAL FOOTAGE OR LENGTHENED THE PROVEN AREA IN THIS CASE FOR THE RAIL SPUR IS UNDER 50FT. WE PROPOSE TO EXTEND A CINDER BLOCK WALL INSTEAD OF JUST ALONG THE PROVEN AREA AND ADDITIONAL 60FT TO THE NORTH FOR A TOTAL OF 113FT, AND THEN RELOCATE THOSE TREES TO THE NORTH AS WELL. WHETHER OR NOT THAT EXTENSION CMU BLOCK WALL IS TO THE NORTH, OR I THINK ACTUALLY MAY BE THE PREFERENCE

[00:05:02]

OF OUR NEIGHBORS AND MORE BENEFICIAL TO THEM IF THAT EXTENSION IS TO THE SOUTH, WHICH WE'RE HAPPY TO DO. THE ONLY ASPECT OF THE VARIANCE REQUEST, FROM THE STATE'S PERSPECTIVE THAT WE'RE PUSHING BACK ON IS THERE WERE QUESTION THE REQUEST TO EXTEND IT TO A FULL 220 LINEAR FEET. AND MY PUSHBACK, AND THAT WOULD BE KIND OF TWO POINTS. ONE IS PROPORTIONALITY. AND THE SECOND WOULD BE APPLICABILITY. SO AS WE DISCUSSED PREVIOUSLY, THE THE OVERALL LENGTH OF THE IMPROVEMENT AREA IS ACTUALLY LESS THAN 50FT. SO WE'RE ALREADY PROPOSING TO MORE THAN DOUBLE THE THE SAME BLOCK WALL. AND I GUESS MY QUESTION BEFORE THIS WOULD BE THE CITY'S PROPOSAL IN RESPONSE TO US IS FOR FOR LESS THAN 50 FOOT PIECE OF LINEAR IMPROVEMENT, IT WOULD BE MORE THAN FOUR TIMES THAT REQUIRED FOR A CINDER BLOCK WALL TO DO. THE FULL 220FT WERE PROPOSED BY THE CITY. AND THE SEGMENT'S APPLICABILITY TO. SO ESSENTIALLY, WE'VE GOT A BUNCH OF EXISTING INDUSTRIAL SPACE BACK THERE. BOISE CASCADE ACTUALLY LEASES. A LARGE MAJORITY OF THIS YARD SPACE. SO IF YOU LOOK AT WHERE THAT LARGE WAREHOUSE IS LOCATED, THAT NORTHWESTERN CORNER, THERE'S A FENCE LINE FROM THE NORTHWESTERN CORNER TO THE NORTH. THAT'S WHERE WESTERN WHOLESALE DEFENSE CURRENTLY IS.

SO EVERYTHING YOU KNOW, WHERE THERE WOULD BE A PROPOSED EXTENSION OF THE CMU BLOCK WALL IS ACTUALLY ON A PORTION OF YARD THAT'S LEASED BY BOISE CASCADE AND IS COMPLETELY UNRELATED TO THIS RAIL SPUR. SO THAT'D BE ANOTHER PIECE AS WELL. IT'S LIKE A IT'S GOING TO BE COMPLICATED FROM LOGISTICAL PERSPECTIVE TO, TO GET BACK TO BOISE CASCADE TO LEASE, TO EXTEND THE YARD, TO EXTEND THE CMU BLOCK WALL IN THAT AREA. AND THEN ALSO THAT AREA IS GOING TO BE COMPLETELY UNIMPACTED AND HAS NOTHING TO DO WITH THIS RAIL SPUR EXTENSION, IF THAT MAKES SENSE. IT'S A DIFFERENT, DIFFERENT TENANT ENTIRELY. SO THOSE WOULD BE KIND OF MY TWO PUSHBACKS ON THE THE REQUEST THAT MAKE THAT A 220 FOOT WALL INSTEAD OF 113 THAT WE PROPOSE IS PROPORTIONALITY AND APPLICABILITY. IN THIS CASE, THAT BEING SAID, YEAH, I THINK, YOU KNOW, WE'RE WE HAVE A GOOD RELATIONSHIP WITH THE CUTLERS AND WE HOPE TO CONTINUE TO DO SO. WE'RE HAPPY TO DO A SOUND BLOCK WALL INSTEAD OF A FENCE.

A WOODEN FENCE WOULD BE THE OTHER ALTERNATIVE. AND WE'RE HAPPY TO RELOCATE, RELOCATE THOSE TREES AS WE DISCUSS FURTHER TO THE NORTH. THE ONLY REASON, AGAIN WE'RE ASKING FOR A VARIANCE IS DUE TO THE OPERATIONAL LIMITATIONS OF A FORKLIFT AROUND THE END OF THAT RAIL SPUR TO ACCESS BOTH SIDES. WELL, THAT'S ALL GOT. ANY QUESTIONS, JOHN? MAYBE I'M TRYING TO. I'M JUST TRYING TO MAKE SENSE OF YOUR SITE PLAN. THE. SO THE 123FT THAT'S SHOWN ON HERE. YEAH. THAT'S WHAT THAT'S WHAT YOU WERE PLANNING TO TO INSTALL FOR THE WALL LENGTH. AND THAT COVERS THE THAT COVERS THE ONE, THE ONE RESIDENTIAL PROPERTY. IS THAT RIGHT? I THINK I WE'VE GOT THIS MAP THAT SHOWS THE RESIDENTIAL PROPERTIES HERE. THAT'S CORRECT.

YEAH. SO YOU'RE SAYING THAT THAT WALL JUST COMES TO THE NORTH OF THIS PROPERTY? CORRECT.

SO THAT THAT WALL WOULD EXTEND ALL THE WAY TO THE NORTHERN PROPERTY LINE OF THE RESIDENTIAL NEIGHBORS, THE COVERS. OKAY. DOES IT GO ALL THE WAY TO THE TO THE SOUTH END OF THEIR PROPERTY? NO. SO YEAH, BASICALLY AT THE POINT OF ORIGINATION FOR IT IS, IS NEAR WHERE THE, THE ACTUAL IMPROVEMENT AREA IS FOR THE RAIL SPUR. OKAY. BUT THEIR PROPERTY ACTUALLY CONTINUES. IT'S KIND OF AN ODD SHAPE, IF YOU CAN SEE POINTING TO THE MAPS. YEAH, THAT THIN PARCEL THAT EXTENDS ALL THE WAY TO THE NORTH. YEAH. SORRY. ONE MORE THING. WHAT WERE YOU SAYING THAT THE THE EXTRA 200FT WOULD EXTEND FROM FROM THE SOUTH END WHERE YOU'RE ALREADY PROPOSING BEYOND THAT 200FT. I ACTUALLY DON'T KNOW WHERE THE CITY WHERE THE NUMBER OF 220FT CAME FROM, AND WHY THE CITY IS PROPOSING TO HER IN 20FT SPECIFICALLY.

OKAY. I ASSUME THE ONLY AREA THAT WOULD MAKE SENSE IS FOR IT TO GO SOUTH OF THAT ONE IMPROVEMENT OF THE OF THE WHERE THE RAIL SPUR IS. YEAH. I JUST WANT TO CLARIFY THAT IT'S IF IT WAS A TOTAL OF 200FT REQUESTED, AND THEN IT WOULD ONLY BE ANOTHER 70FT, OR IF THEY'RE ASKING FOR ANOTHER 200FT, I BELIEVE IT'S A TOTAL OF 220FT. OKAY. I HAVE A QUESTION FOR YOU.

THE RAILROAD ON THE SOUTH SIDE, IS THERE A REASON THAT THAT ISN'T FEASIBLE? I THINK YOU'RE REFERRING TO THE BOISE CASCADE RAIL SPUR, BUT THAT ACTUALLY I DON'T EVEN KNOW IF THAT'S TECHNICALLY ON THERE. I THINK IT'S TECHNICALLY ON THEIR PROPERTY, SO IT'S NOT EVEN ON THE SAME LOT. BUT NO, WE COULDN'T WE DON'T HAVE ACCESS TO THAT AND COULDN'T HAVE ACCESS TO THAT. SO YOU'RE NOT ON GOOD TERMS WITH THAT NEIGHBOR, BUT YOU ARE WITH THE NEIGHBOR. AND TO THE NORTH EAST. SO YEAH, THAT THAT IF, IF WHAT YOU'RE REFERRING TO IS THE ONE

[00:10:03]

I THINK YOU'RE REFERRING TO BOISE CASCADE, WHICH ALSO OWNS THAT LAND SOUTH OF US. AND THAT BUILDING SOUTH OF US HAS A RAIL SPUR ON THEIR PROPERTY. BUT NO, THEY WOULD NOT ALLOW US TO COME IN AND OUT WITH FORKLIFTS OR TRUCKS TO TO ACCESS THAT, TO USE IT. THEY'VE GOT PRETTY STRICT SECURITY REQUIREMENTS, AND THEY WOULDN'T LET US OPERATIONALLY USE THAT ON THEIR LAND. OKAY. AND THIS PIECE, THERE'S ALREADY A RAIL SPUR THERE. SO YOU'RE JUST EXTENDING IT ANOTHER 150FT, 180FT OR SO. YEP. SO YEAH. AND SO ACTUALLY, SO THAT THAT RAIL SPUR THAT, THAT IS OWNED BY THE HERBERT FAMILY, THE PROPERTY TO THE NORTH, THERE IS NOT CURRENTLY IN SERVICE LIKE UNION PACIFIC OWNS THE LEAD THAT SERVICES THAT RAIL SPUR AND THEY'VE, THEY'VE ABANDONED THAT PORTION ON THE NORTH. THE PORTION THAT DOES GO TO THE CASCADES TO THE SOUTH IS STILL ACTIVE. OKAY. BUT THE LEAD THAT UNION PACIFIC OWNS ANYWHERE ELSE TO THE NORTH IS INACTIVE. SO AS PART OF THIS AS WELL, WE'RE GOING TO REHAB THE LEAD TRACK UNION PACIFIC OWNS. AND THEN WE'RE WORKING WITH OUR NEIGHBORS ON A PERPETUAL EASEMENT ON THEIR RAILS. FOR THAT, WE'RE PROPOSING TO BUILD OFF OF THAT WOULD MAKE IT USABLE FOR THEM IN THE FUTURE AS WELL. IT'S THE PERPETUAL EASEMENT PROPOSING THAT HALF OF THEM IS NOT EXCLUSIVE USE. SO BASICALLY THEY COULD USE IT AND WE COULD USE IT AS WELL. GOTCHA, GOTCHA.

I ASSUME THERE'S 220FT, JUST COVERS THE ENTIRE LENGTH OF THAT ONE PIECE OF PROPERTY, INSTEAD OF JUST 123FT OF IT. I DON'T HAVE THE. I DON'T HAVE A ENOUGH INFORMATION TO SAY IF THAT'S TRUE OR NOT, BUT CAN ANYONE FROM. I'LL COVER IT IN THE STAFF REPORT. OKAY. THANK YOU. THAT'S THE ONLY QUESTIONS I HAVE. DO YOU HAVE ANY OTHER QUESTIONS? ANY OTHER QUESTIONS? SO THE THE MASONRY WALL THAT IS PROPOSED AS A 220FT, IF IT GOES THAT ENTIRE LENGTH. AND TO ME THAT SEEMS LIKE IT WOULD BE INTERFERING WITH A LOT OF THOSE NEIGHBORS TREE ROOTS. IF, IF YOU WERE TO BUILD THAT, YOU HAVE TO GO BELOW THE FROST LINE, AND AN EIGHT FOOT MASONRY WALL WOULD PROBABLY KILL 30 TREES THERE. SO WHAT YOU'RE YOU'RE HOPING THAT YOU WOULD JUST HAVE A MASONRY WALL FOR A SECTION OF IT, AND THAT WOULDN'T CAUSE THAT INTERFERENCE WITH TREES.

AND SO THAT FENCE WOULD REMAIN THE SAME. IS YOUR IDEAL, IS THAT CORRECT? SO I GUESS THERE'S AN EXISTING CHAIN LINK FENCE ALONG THAT PERIMETER, WHICH WE WOULD HAVE TO REPLACE WITH EITHER CMU, SOUND WALL OR WHATEVER IT IS, THE DEFINITION OF THE CITY'S OPAQUE FENCE REQUIREMENTS, OR I THINK IS EITHER WOOD WALL OR CMU SOUND WALL. AND WE PROPOSE TO DO CMU SOUND WALL BECAUSE WE THOUGHT THAT WOULD BE BETTER SOUND PROTECTION FOR OUR OUR NEIGHBORS ALONG THAT AREA OF IMPROVEMENT. SO THE ONLY SECTION OF THAT WE'RE PROPOSING TO SWITCH FROM CHAIN LINK FENCE TO CMU SOUND WALL IS FROM THAT SOUTHERN POINT OF IMPROVEMENT FOR THE RAIL SPUR. AND THEN FROM THERE, 123 AND A THIRD FEET TO THE NORTH ALONG THE PERIMETER. AND THE NEIGHBORS IN QUESTION. I'M SORRY, I TALKED TO ALL THESE NEIGHBORS AND AND ONLY ONE OF THEM WROTE US AN EMAIL. BUT HAVE YOU HAD INTERACTIONS WITH ALL OF THE NEIGHBORS? SO THERE'S, THERE'S TECHNICALLY ONLY ONE NEIGHBOR THAT ACTUALLY HAS ADJACENT PROPERTY, WHICH IS THE CUTLERS. SO IF YOU SEE FROM THEIR PROPERTY LINE, THEY HAVE THAT, THAT THAT THIN STRIP THAT GOES ALL THE WAY TO THE NORTH. SO WE'RE ONLY TECHNICALLY RESIDENTIAL NEIGHBORHOODS OF COLOR. SO I DID MEET WITH IN PERSON TWICE AND WE WALKED THE SITE WITH THEM AS WELL. I KNOCKED ON THE DOOR OF THE OTHER NEIGHBOR THAT IS, I GUESS, JUST A LITTLE BIT TO THE WEST OF THAT, OF THAT STRIP THAT THEY HAVE, BUT WASN'T ABLE TO GET IN CONTACT WITH THEM DIRECTLY. OKAY. I DON'T KNOW THAT I HAVE ANY OTHER QUESTIONS.

NOPE. I DON'T THINK SO. ALL RIGHT, MR. BEAN, THANKS. BE ABLE TO REVIEW IF THERE'S ANYTHING ELSE THAT COMES UP, I APPRECIATE IT. WE'LL NOW MOVE ON TO THE STAFF REPORT. GOOD EVENING EVERYONE. IT'S GOOD TO SEE YOU. AFTER SEVERAL MONTHS OF NOT HAVING ANYTHING, THE REQUESTED ACTION TONIGHT IS TO APPROVE THE VARIANCE TO ALLOW A REDUCTION IN THE LANDSCAPE

[00:15:03]

BUFFER BETWEEN INDUSTRIAL ZONES AND EXISTING RESIDENTIAL ZONES, AND USES. JUST SOME HISTORY ABOUT THE PROPERTY. IT WAS ANNEXED INTO THE CITY IN 1971 AND PLATTED AT THAT TIME, BUT NEVER DEVELOPED. IT WAS REDEVELOPED, REPLANTED AND DEVELOPED IN 2007. SO RELATIVELY RECENTLY COMPARED TO WHEN IT WAS ANNEXED, THERE AREN'T ANY CURRENT CONDITIONAL USE PERMITS OR VARIANCES ON THE PROPERTY TO DATE. THE AS THE APPLICANT EXPLAINED, THEY HAVE SOME OPERATIONAL CONCERNS WITH. LET'S SEE, EXTENDING THEIR RAILS FOR. TOWARDS THE NORTHWEST PROPERTY LINE TOWARDS THE RESIDENTIAL PROPERTIES. TO ACCOMMODATE THAT, THEY'RE REQUESTING THAT THE LANDSCAPE BUFFER ESSENTIALLY BE REMOVED ALONG THIS, APPROXIMATELY 49 TO 50 FOOT SECTION. AND THEN TO BE REMOVED, BUT TO KEEP THE WALL. SO THE BUFFER THAT'S REQUIRED BETWEEN ALL INDUSTRIAL ZONES AND RESIDENTIAL ZONES AND USES IS 30FT WITH EVERGREEN TREES 20FT ON CENTER, THAT CAN BE REDUCED TO 20FT. IF AN EIGHT FOOT MASONRY WALL OR OPAQUE FENCE IS PROVIDED. AND SO THEY'RE OFFERING TO PROVIDE THE WALL, IN THIS CASE, THE EIGHT FOOT SOUND WALL, AND REDUCE THE BUFFER TO 20FT. BUT IN THIS 50 FOOT SECTION, THEY HAVE TO THEY'RE PROPOSING TO JUST HAVE IT ALL ASPHALT. SO ENCROACHING INTO THE BUFFER, ACCORDING TO THE PLANS THAT WERE SHOWN, THE BUMPER OF THE RAIL CAR WILL NOT ENCROACH INTO WHERE THE BUFFER WOULD BE, SO THE TRAIN WON'T GET ANY CLOSER. IF THE BUFFER IF THE BUFFER WERE THERE. BUT IT WOULD ALLOW THEM A SAFER OPERATIONAL. LET'S SAY, FOR OPERATIONS AROUND THE RAIL CAR.

THAT IS WHY THEY'RE ASKING FOR IT. FOR THE 220FT. WE MEASURED THAT FROM THE PROPERTY LINE, WHERE THE PROPERTY LINE INTERSECTS THE NEIGHBORS NORTH WEST, NORTH EAST PROPERTY LINE INTERSECTS WITH THE APPLICANT'S PROPERTY LINE 220FT SOUTH, WHICH EXTENDS THE WALL PAST.

AND I GUESS IT'S KIND OF HARD. MAYBE IT SHOULD HAVE DONE A MORE ZOOMED IN ONE PAST THE NEAREST RESIDENTIAL STRUCTURE. SO THAT'S WHY THE 220FT WAS CHOSEN TO REDUCE THE IMPACT THAT THIS HEAVY INDUSTRIAL USE WILL HAVE ON NEIGHBORING RESIDENTIAL PROPERTIES. THIS SITE IS IN A WHAT WE WOULD CALL A LEGAL NON-CONFORMING STATE. THEY DO NOT HAVE THE 30 FOOT BUFFER OR 20 FOOT WITH AN OPAQUE FENCE OR WALL. SO AS THEY IMPROVE THE PROPERTY, THEY'LL BE TO ADD THAT. AND SO THEY'RE IMPROVING THIS NORTH PART OF THE PROPERTY. AND SO THE REQUIREMENT TO ADD THE BUFFER WITH THE WALL OR FENCE WAS APPLIED. AND THEY'RE REQUESTING THE VARIANCE. AND KIND OF IN EXCHANGE FOR THE VARIANCE, THEY'RE DOING THE OKAY, THE WALL RATHER THAN THE OPAQUE FENCE. AND THEY'RE EXTENDING IT PAST THEIR IMPROVEMENT. THE CITY'S SUGGESTION OR STAFF SUGGESTION TO A TWO, 220FT, AGAIN, IS TO BRING IT PAST THE NEAREST RESIDENTIAL STRUCTURE, BUT IT WOULD BE UP TO THE BOARD TO DECIDE WHETHER WHETHER WHAT THEY PROPOSED IS SUFFICIENT OR NOT, OR PROVIDE ANOTHER CONDITION THAT MAY RESOLVE THE THE ISSUES IN A SIMILAR WAY. AND THEN, JUST SO YOU KNOW THAT THE WALL OR FENCE AND THE LANDSCAPE BUFFER WILL BE REQUIRED ALONG THE ENTIRE LENGTH OF THE PROPERTY LINE. SHOULD THIS SECTION OF THE PROPERTY EVER BE REDEVELOPED.

SO THERE'S SOME EXISTING NONCOMPLIANCE OR LEGAL NON-CONFORMING STATUS ON THE BACK OF THE PROPERTY THAT WOULD NEED TO BE CHANGED TO THIS LANDSCAPE BUFFER WITH A WALL OR OPAQUE FENCE. ANYWAY, IF IF IMPROVEMENTS WERE MADE ALONG THE WAY. SO YOU'RE IS THERE ANYBODY ASK A QUESTION? YEAH. SO THE CITY IS SUGGESTING 220FT. AND HOW MANY FEET IS WHAT'S YOUR WHOLESALE 113FT. AND NOW THAT YOU SAY THAT ABOUT THE RESIDENTIAL STRUCTURE, I REMEMBER I DO REMEMBER READING IN HERE THAT YOU SAID THE WALL WOULD EXTEND EIGHT FEET PAST

[00:20:04]

THE STRUCTURE, RIGHT? SO ACCORDING TO THE PLAN THAT WAS SUBMITTED, THE IT'S 113FT GOES JUST PAST WHERE THEY'RE STARTING THEIR IMPROVEMENT. SO THAT'S RIGHT HERE. SO JUST STRUCTURE IS DOWN ANOTHER. WAS THAT ALMOST 8090FT. BUT THEY'RE NOT IMPROVING PAST THAT POINT.

THEY'RE NOT. BUT THE PURPOSE OF THE BUFFER IS TO REDUCE IMPACT ON THE NEIGHBORING RESIDENTIAL USES. AND THIS PROPERTY DOES NOT HAVE THE REQUIRED BUFFER OR REQUIRED EFFECTS. CHAIN LINK IS NOT CONSIDERED OPAQUE IN THE CITY LEVEL FALLS. SO IT GOES TO MASONRY TO THEY'RE SAYING 113FT GOES TO MASONRY, AND THEN IT CHANGES TO CHAIN LINK. FROM THERE, THERE'S AN EXISTING CHAIN LINK FENCE. I ASSUME THAT THEY WOULD LEAVE THE CHAIN LINK AS IS IF GRANTED, AS REQUESTED BY THE. SO THE CITY IS JUST SAYING EXTEND THAT ANOTHER 97FT TO THE SOUTH SO THAT IT GOES PAST THE RESIDENTIAL STRUCTURE TO THE END OF THE RESIDENTIAL STRUCTURE OR THE ENDS OF THE RESIDENTIAL PROPERTY LINE. NEITHER IT JUST PAST THE NEAREST RESIDENTIAL STRUCTURE, WHICH IS THIS ONE RIGHT HERE, WHICH I THINK IS A GARAGE. BUT AGAIN, IT'S REALLY GOING TO BE UP TO THE BOARD. WHAT YOU FEEL IS THE MOST APPROPRIATE ACTION. SINCE THE APPLICANT DOES DISPUTE WHETHER THAT WOULD BE EFFECTIVE OR NOT. YOU WILL NEED TO DECIDE. AND THAT QUESTION IS MR. CUTLER'S PROPERTY. IS THAT RIGHT? SO, MR. CUTLER PROPERTY IS THIS MIDDLE ONE RIGHT HERE.

AND IT COMES UP THIS WAY. THIS RESIDENTIAL STRUCTURE IS NOT ON THE PROPERTY. WHO'S THAT? WHO'S RESIDENTIAL STRUCTURE? IS THAT THEIR NEIGHBORS AND. JUST SO YOU DON'T THEY HAVEN'T SAID ANYTHING. NO. SO THEY REACH OUT. THEY'RE TECHNICALLY NOT ADJACENT TO THE PROPERTY, EVEN THOUGH THEY'RE MOST LIKELY THE MOST IMPACTED PROPERTY. ANY OTHER QUESTION? SO FOR THE RECOMMENDATION STAFF, STAFF DOES RECOMMEND APPROVAL WITH THE CONDITION THAT THE MASONRY WALL BE EXTENDED FURTHER. BUT AGAIN, IT WOULD BE UP TO THE BOARD TO DETERMINE IF WHAT IS PRESENTED BY THE APPLICANT IS SUFFICIENT OR WHATEVER, AND IF THERE'S A COMPROMISE IN BETWEEN, SUCH AS EXTENDING JUST A I DON'T TAKE FENCE RATHER THAN THE FULL WALL, OR IF YOU DETERMINE WHAT IS PRESENTED BY THE APPLICANT IS SUFFICIENT, THAT'S ALSO IN YOUR PURVIEW.

NOW, WHAT ABOUT THE TREES? THERE'S A RELOCATE. THREE TREES NEED TO BE RELOCATED, RIGHT? SO THERE'S 50FT OF BUFFER THAT IS BEING REMOVED. AND SO THEY ARE PROPOSING TO MOVE THOSE UP NORTH FROM FROM HERE UP TO HERE, BECAUSE THEY NEED EVERGREEN TREES 20FT ON CENTER. AND MR. WHOLESALE IS WILLING. YEAH. SO THEY INSTEAD OF JUST ASKING FOR THE VARIANCE BECAUSE THEIR VARIANCE IS REMOVING THE LANDSCAPE BUFFER, THEY INSTEAD OF JUST GETTING RID OF THOSE TREES, THEY ARE RELOCATING THEM TO SOMEWHERE ELSE ON THE PROPERTY. RIGHT. TO HELP ALSO TO HELP MITIGATE THE IMPACT OF THEIR VARIANCE. WHERE ARE THE TREES BEING RELOCATED TO? SO I THINK THEY ARE THE BLACK DOTS ON YOUR SITE PLAN THAT WAS SUBMITTED TO THE NORTH. SO THEY'RE GOING TO THE NORTH TOWARDS WHERE THE PARK PROPERTY IS JUST NORTH. WELL, IT'S CITY PROPERTY I GUESS. THERE'S THE CITY PROPERTY RIGHT NEXT TO THE PART OF THE RIVERWALK, THE DARKER GREEN AREA. YEAH. SO THEY'RE MOVING THE TREES UP CLOSER TO THAT SECTION. YEAH.

IS THIS A SORRY, THE GREEN? IS THIS LIKE, IS THIS A UTILITY EASEMENT FOR A SEWER LINE OR WHAT IS THAT THE. IS THE. OH ON THE SITE PLAN. SORRY. THAT MIGHT BE SOMETHING THE APPLICANT WOULD BE ABLE TO ANSWER. OKAY. I WOULD HAVE PUT IT THOSE ARE. WELL THIS IS A

[00:25:08]

WATER LINE. I THINK THIS IS A SANITARY SEWER LINE. I JUST WOULD NOT PUT A TREE ON TOP OF A SANITARY SEWER LINE. I THINK THE UTILITY EASEMENT. I SORRY, I NEED TO READ AGAIN AND CLARIFY IF THAT WAS PART OF THE THAT WAS PART OF THE SOMETHING THE CITY WANTED TO DO WAS TO RELOCATE THE TREES. I KNOW THAT IS THE APPLICANT'S GOOD FAITH EFFORT TO HELP MITIGATE THE IMPACT OF THEIR VARIANCE. GOTCHA. THOSE TREES ARE ALREADY THERE. THEY'RE JUST WHERE THE SPUR IS THAT THEY NEED. NO. THEY WOULD NEED TO BE ADDED. THE LANDSCAPE BUFFER ENTRIES WILL NEED TO BE ADDED AS THEY IMPROVE THE PROPERTY. THE. THE RELOCATING THREE EXISTING. NO, THEY'RE. THEY'RE PROPOSING A DIFFERENT LOCATION FOR TREES THAT WOULD BE REQUIRED. YEAH.

RIGHT NOW THERE THERE IS NO LANDSCAPE BUFFER HAPPENING. SO THEY'RE JUST SAYING IF WE IF WE.

IF WE IMPROVE THIS PART OF THE PROPERTY, WE'RE GOING TO END UP HAVING TO PUT A BUFFER WITH TREES. BUT HOW ABOUT WE JUST MOVE THOSE TREES SOMEWHERE ELSE? THOSE PROPOSED TREES? YEAH.

THESE TREES DON'T TECHNICALLY EXIST. THERE'S GOING TO BE NO DIRECT. THE RELOCATE FROM. THE REQUIRED. I'M SORRY. APOLOGIES. OKAY. ANY OTHER QUESTIONS FOR STAFF? NO. I'M STILL A LITTLE MORE CONCERNED ABOUT THE TREES THAT ARE ON THE NEIGHBOR'S PROPERTY. THAT COULD POTENTIALLY BE KILLED BY HAVING A MASONRY WALL THERE. SO I MEAN THE TREES ON THEIR PROPERTY THAT ARE GOING TO BE REMOVED. THAT THAT SEEMS LIKE A MOOT POINT. YOU'RE MOVING THEM NORTH.

BUT YOU KNOW, PUTTING IN A MASONRY WALL COULD REMOVE A LOT OF PRIVACY FOR THE REST OF THOSE HOMES AND SHADE AND PROPERTY VALUE. THERE ARE TREES THERE CURRENTLY THAT NEED TO, THAT ARE GOING TO BE WHERE THE WALL IS GOING TO BE. THERE ARE TREES ON THE NEIGHBORING RESIDENTIAL PROPERTY. YOU CAN KIND OF SEE THEM IN OUR AERIAL. THERE'S THE DECIDUOUS TREES THAT GO TO RIGHT ABOUT WHERE THE END OF THE 220FT IS, AND THEN LARGE EVERGREEN TREES ALONG THE REST OF THE BACK OF THE PROPERTY. SO WILL THAT FENCE AFFECT THE OR COME CLOSE? I'M NOT SURE THE WALL OR FENCE SHOULD BE PLACED ON THE INDUSTRIAL PROPERTY, NOT ON THE NEIGHBORING PROPERTY. BUT ROOT ZONES DON'T CARE ABOUT PROPERTY LINES, SO THERE ISN'T PROBABLY A POTENTIAL IMPACT THAT YOU GUYS NEED TO CONSIDER IN YOUR DECISION. OF COURSE. AND WOULD THOSE IS THAT THE 113FT? WOULD THOSE AFFECTED TREES OR ONLY THE 220 OR WOULD BOTH. SO THERE ARE THERE IS A GAP OF THE DECIDUOUS TREES ALONG THAT 113FT. BUT THERE ARE TREES IN THAT THAT WOULD. IF THERE WERE TREES TO BE AFFECTED. THERE ARE SOME. THERE. OKAY. RIGHT UP WHERE THEY'RE ENDING THE 113. YES, THEY ARE DECIDUOUS TREES, I BELIEVE, RATHER THAN THE EVERGREEN TREES THAT YOU SEE FOR SOME. SOMETIMES I. ANY FURTHER QUESTIONS, COLTER? IS THERE A ALTERNATE METHOD OF OFFENSE THAT WOULD NOT BE MASONRY, BECAUSE MASONRY IS GOING TO BE A CONTINUOUS FOOTER DOWN 36IN. THAT'S. SO THAT. KILL THOSE TREES. THE REQUIREMENT IS AN EIGHT FOOT OPAQUE FENCE OR MASONRY WALL. AGAIN, WITH THE APPLICANTS GOOD FAITH EFFORT TO MITIGATE THE IMPACT OF THEIR VARIANCE, THEY ARE CHOOSING THE MASONRY WALL RATHER THAN THE OPAQUE FENCE. IF THEY WANTED TO EXTEND THE OPAQUE FENCE FURTHER SOUTH, THAT WOULD ALSO MEET THE REQUIREMENT FROM THE CITY, LIKE A VINYL FENCE OR SOMETHING. OR YEAH, YEAH. OKAY. THANK YOU. THANK YOU SIR. CAN I JUST ADD SOME COMMENTS ON THE FENCE? WHAT TYPE OF FENCE? CAN YOU ANSWER? CAN YOU COMMENT NOW OR SHOULD YOU WAIT UNTIL THE

[00:30:03]

REBUTTAL? PROBABLY IT'S UP TO YOU. I'M FINE IF YOU COMMENT IF YOU WANT TO TAKE. YEAH, JUST A QUICK COMMENT. THE TYPE OF FENCE I THINK. SO WE'RE WE'RE OPEN TO ANYTHING. SO WE'RE OPEN TO A WOOD FENCE. WE'RE OPEN TO A VINYL FENCE OR THIS NEED TO BE SOUND FENCE AS AS INDICATED, WE WE DID GO TO CMU. I THOUGHT THAT WAS THE, THE ONE THAT WAS GOING TO CREATE THE BEST SOUND BUFFER FOR OUR NEIGHBORS ESSENTIALLY. SO, YOU KNOW, A COUPLE OF OUR NEIGHBORS ARE THE ONES THAT OWN THE ADJACENT PROPERTY HERE. I'M HAPPY TO WE'RE HAPPY TO GO WITH WHATEVER TYPE OF FENCE THEIR PREFERENCE IS. FROM THAT PERSPECTIVE, THEY'RE CONCERNED ABOUT THE TREE ROOTS. WE CAN GO A DIFFERENT ROUTE, BUT FROM OUR PERSPECTIVE, WE'RE OPEN TO THOSE OPTIONS. OKAY. APPRECIATE IT. DOES THAT HELP COLTER? IF. YEAH, I MEAN IT UP TO THE PROPERTY ON THE RESIDENTIAL SIDE, IF THEY THEY ARE OKAY WITH IT. I THINK THAT MAKES IT A MOOT POINT. ALL RIGHT. WELL, NOW, SORRY, I WILL TURN. WE'LL NOW OPEN IT TO THE PUBLIC HEARING. IS THERE ANYONE WHO WANTS TO SPEAK IN FAVOR OF THIS APPLICATION? HEARING? IS THERE ANYONE ELSE WHO SPEAKS NEUTRAL ON THE APPLICATION? HELLO, MY NAME IS WILLIAM CUTLER. I'M THE ONE. MY WIFE AND I OWN THAT PROPERTY THAT IS ADJACENT TO WHAT MR. BEAN IS BUILDING. SO DO YOU MIND STATING YOUR ADDRESS? OH, WILLIAM CUTLER, 3591 SOUTH GLEN KOESTER LANE.

THANK YOU. WELL, SO THAT STRETCH OF PROPERTY, BASICALLY FROM THE NORTH PIECE, FROM THE CITY'S PROPERTY TO THE CORNER OF OUR PROPERTY TO THE SOUTH IS ABOUT 400FT. THAT WILL GIVE YOU AN IDEA OF WHAT, AS FAR AS LINEAR FOOTAGE IS THE FENCE THEY'RE TALKING ABOUT OR THE WALL THEY'RE TALKING ABOUT. WE SPOKE TO JAKE WOULD GO THE 113. IF WHERE YOUR CURSOR IS THERE, IT WOULDN'T GO QUITE THAT FAR. IT WOULD GO TO NORTH OF IT. AGAIN, WHAT WE'D WORRIED ABOUT IS THE VISUAL AND AUDIBLE NUISANCES THAT WE MIGHT INCUR. WE DON'T DISAGREE, AND WE OUR ATTEMPT IS TO BE COOPERATIVE WITH THIS, BUT WE DO HAVE TO WORRY ABOUT WHAT'S GOING ON WITH OUR HOUSE. OF COURSE, THE THE TREES FROM THE NORTHERN PART TO BASICALLY THE SOUTH PART WHERE YOU SEE THAT WHITE ROOF THAT THAT CLOSEST TO THE NEIGHBORS, THERE ARE, WHAT DO YOU CALL IT? EVERGREEN TREES ARE DECIDUOUS TREES. THE REST ARE. LEAFY TREES. SO WE DO HAVE HAVE TO WORRY ABOUT A VISUAL NUISANCE. WE PLANTED THE OTHER TREES JUST AS THE BEANS WERE BUILDING UP IN WHATEVER YEAR IT WAS 2007, PROBABLY. SO THOSE TREES ARE THAT BIG NOW. I'M NOT WORRIED ABOUT THE ROOT SYSTEM ON THOSE. WE'RE PROBABLY EIGHT FEET AWAY FROM THE PROPERTY LINE NOW, SO I'M NOT WORRIED ABOUT THE ROOTS. THIS COULD BE THE SUGGESTED THAT CMU WALL, WHICH IS OF COURSE WHAT WE PREFER, PREFER THE. A VINYL FENCE OR ANYTHING THAT. IT'S LIKELY THAT CMU WILL HELP WITH AUDIBLE NUISANCES. ARE THERE ALREADY THAT RAIL SPUR THAT'S ALREADY THERE? IS THAT ALREADY IN USE AND YOU CAN ALREADY HEAR IT? NO, THAT RAIL SPUR HASN'T BEEN USED USED IN DECADES. OKAY. SO THIS IS GOING TO BE AT LEAST THE ONE THAT GOES TO THE NORTH, THE ONE TO THE SOUTH. THEY STILL USE TO UNLOAD LUMBER, BUT YOU CAN SEE HOW FAR AWAY THAT ONE IS GOING TO THE NORTH. IT'S BEEN OUT OF SERVICE FOR PROBABLY, I DON'T KNOW, 20 YEARS, PROBABLY 30 YEARS MAYBE. SHOULD I GO AHEAD AND READ THIS OR, OR DO YOU HAVE QUESTIONS FOR ME OR QUESTIONS? WHAT DO YOU WANT TO READ? I'M SORRY. WELL, I JUST SENT AN EMAIL TO MR. PETERSON. IT WOULD BE INCLUDED IN. IT'S ALREADY IN THE PACKET. I DON'T FEEL LIKE YOU NEED TO. AS YOU'D LIKE TO. OKAY. NO, IT'S OKAY IF IT'S. SO JUST TO CLARIFY, YOUR PROPERTY IS THE ONE THAT I SEE MOST OF THE WHITE ROOFS. IS THAT CORRECT? NO, MINE'S THE ONE TO THE SOUTH OF THAT. OKAY, WELL, STRIP THAT GOES UP THAT SKINNY STRIP. OBVIOUSLY THIS ALL THESE

[00:35:05]

PROPERTIES HAVE CHANGED OVER THE LAST HUNDRED YEARS. THAT STRIP USED TO ALLOW TO WHAT IS NOW CITY PROPERTY TO A HORSE PASTURE. SO THAT 35 FOOT STRIP WAS PUT THERE. AND THAT'S WHERE I PLANTED THOSE TREES JUST TO HELP WITH THE VISUAL AND AUDIBLE NUISANCES. SO IF YOU HAD YOUR DRUTHERS, WOULD YOU CHOOSE THE 113 FOOT CMU OR THE 220? WELL, I KNOW WHAT JAKE WOULD SAY. AND I OF COURSE, I'M NOT ASKING JAKE. I ALREADY ASKED JAKE. THE LONGER THE BETTER WOULD BE BETTER FOR WHAT THE WHAT IS NOW OWNED BY THE VAN DEVENTER'S. AND THEY'RE NOT HERE TODAY BECAUSE OF SOME HEALTH ISSUES. THE LONGER THE BETTER. BUT WE UNDERSTAND. HAVE YOU TALKED TO THEM AT ALL ABOUT THIS? WE HAVE NEIGHBOR. YEAH. COME OVER AND WE WALK THE DISTANCE. AND I MEAN SORRY, WITH YOUR NEIGHBORS THAT ARE NOT HERE. OH YEAH. THEY WOULD OF COURSE PREFER THE LONGER VERSION. IT JUST BY EYEBALLING IT THERE THAT 113FT CENTERED, WOULD IT WOULD IT REACH OR APPROXIMATELY TO THE THAT BACK PROPERTY. IT GOES JUST PAST WHERE THEY'RE PLANNING TO START IMPROVEMENT. OKAY. SO JUST RIGHT THERE. AND SO THE EXTRA 90FT WILL GO RIGHT BASICALLY TO THE CORNER OF YOUR PROPERTY. IT BASICALLY PROPERTIES APPROXIMATELY. THERE'S ANOTHER, THERE'S A SERIES OF MORE PINE TREES THAT START ABOUT WHERE, WHERE MR. PETERSON WAS TALKING ABOUT GOING TO. SO FOR ME, THE LONGER THE BETTER. JUST FOR, LIKE I SAY, THE VISUAL NUISANCE. THERE'S NOT. THEY'VE GOT A CHAIN LINK FENCE WITH SLATS NOW, BUT OBVIOUSLY THE CMU WOULD BE NOT. NO VISUAL NUISANCES OUTWEIGH. OKAY. WE'D ALSO LIKE.

I MEAN, WE JUST RESPECTFULLY ASK YOU GUYS TO REVIEW THIS AND CONSIDER IT. THERE'S GOING TO BE OTHER SITUATIONS. I'M NOT SURE IF THEY'RE GOING TO BE RUNNING AT NIGHT, BUT ALSO CONSIDER LIGHTING ISSUES AND SUCH LIKE THAT. SO VISUAL NUISANCES, AUDIBLE NUISANCES AND LIGHTING NUISANCES, I WOULD IMAGINE THERE'S STUFF IN PLAY FOR HOW LONG THEY CAN OPERATE TO THE END OF THE EVENING, IS IT NOT? FOR THAT AREA? JUST. SO IT WOULD JUST FALL UNDER THE GENERAL NOISE ORDINANCE? WHICH I THINK IS 65DB AT THE PROPERTY LINE. BUT WE JUST GOT THAT MIGHT BE. YEAH, THAT'S JUST OFF THE TOP OF MY HEAD. BUT THEN THE. AND THEN THE LIGHT IS 10 P.M. I THINK THE LIGHT JUST NEED TO BE SHIELDED DOWNWARD AND HAS TO NOT CAUSE GLARE ON NEIGHBORING PROPERTIES. THE 10 P.M. IS FOR CONDITIONAL USE PERMITS AND OUTDOOR ENTERTAINMENT. OKAY. COLTER, DO YOU HAVE ANYTHING? I DON'T KNOW THAT I HAVE ANY QUESTIONS.

THANK YOU. JOHN. WHEN WE'RE READY TO DELIBERATE. YEAH. SO TO MOVE ON TO ALLOWING JAKE TO REBUT, IF YOU'D LIKE. YEAH. NOT SO MUCH OF A BOTTLE OF WATER, SOME ADDITIONAL CONTEXT. SO I GUESS FIRST OF ALL, WE'RE NOT PROPOSING TO PUT ANY NEW BUILDINGS IN THE AREA AT ALL.

AND THERE'S NO ADDITIONAL LIGHTING THAT WE'RE PROPOSING TO PUT IN THAT AREA AT ALL.

ALSO, SOME ADDITIONAL CONTEXT IS UNION PACIFIC SERVICES, THIS RAIL PARK TWICE A WEEK ON WEDNESDAYS AND FRIDAYS. SO WE'RE NOT JUST SITTING THERE BEING ANY RAILCAR DELIVERIES OTHER THAN THOSE TWO DAYS. WE ALSO ARE ONLY OPEN MONDAY THROUGH FRIDAY FROM 730 TO 5 P.M. OF COURSE, THERE ARE SOME CASES WHERE WE HAVE SOME ACTIVITY BEFORE THOSE OPENING HOURS AND SOME ACTIVITY AFTER THOSE OPENING HOURS, BUT WE DON'T OPERATE 24 OVER SEVEN. WE DON'T OPERATE CONTINUOUSLY AT NIGHT, SO IT'LL LARGELY BE DURING REGULAR BUSINESS HOURS.

THAT WOULD BE UNLOADING THOSE RAILCARS. THANK YOU FOR CLARIFYING CONTEXT. YEAH, I THINK THAT'S REALLY ALL I HAVE. THANK YOU. SORRY. QUICK QUESTION. IS THERE A REASON WHY YOU WOULD JUST DO THE 220FT WITHOUT A GOOD WAY? YEAH. SO I THINK LIKE, OBVIOUSLY

[00:40:04]

REALISTICALLY A PIECE OF IT IS COST, RIGHT? COST, COST RELATED. BUT BEYOND JUST THE COST, YOU KNOW, THAT'S NOT REALLY WHAT WE'RE SUPPOSED TO BE CONSIDERING THESE VARIANCES FOR.

I'D GO BACK TO PROPORTIONALITY. SO AGAIN, THE AREA THAT WE'RE IMPROVING IS THIS EXISTING INDUSTRIAL AREAS 50FT. AND WE'RE PROPOSING TO MORE THAN DOUBLE THAT WITH THE SAME SOUND WALL. AND WE WILL RELOCATE THOSE TREES IN THE NORTH. SO I JUST ASK IF IT'S REALLY PROPORTIONAL TO SAY THAT IF WE'RE GOING TO IMPROVE A 50 FOOT WIENER, 50 LINEAR FEET OF AREA IN THIS ALREADY INDUSTRIAL AREA, THAT WE'D HAVE TO DO FOUR AND A HALF TIMES THAT IN THE SAME NEW SOUTH WALL, JUST TO IMPROVE THAT 50FT, IF THAT MAKES SENSE, ALONG THAT FENCE LINE. SO PROPORTIONALITY. AND THEN AGAIN, THE APPLICABILITY TO IS THAT AREA WHERE IT'S SUPPOSED TO BE EXTENDED TO THE SOUTH AGAIN IS ACTUALLY GOING INTO BOISE CASCADE'S LEAST YARD SPACE, WHICH IS A SEPARATE TENANT THAT DOESN'T HAVE ANYTHING TO DO WITH ISRAEL SPORT. SO IT WOULD ALSO BE, AGAIN, APPLICABILITY OF LIKE, WE'VE GOT TO EXTEND THIS TO SOUND WALL AND YARD SPACE THAT DOESN'T HAVE ANYTHING TO DO WITH THE RAILS OR THE RAIL SPUR ACTIVITY. SO THOSE BE KIND OF MY TWO PUSHBACK POINTS, PROPORTIONALITY AND APPLICABILITY IN THIS INSTANCE. SO THE EXTRA 90FT IS INTO THE INTO A DIFFERENT PROPERTY. IT'S THE SAME PROPERTY, THE SAME PROPERTY OWNER, BUT THERE'S MULTIPLE TENANTS. OKAY. SO YEAH, WESTERN WHOLESALE SUPPLY IS THE ONE THAT'S TRYING TO DO THIS RAIL PROJECT TO BRING IN TRAVEL ON RAIL CARS. BUT THAT AREA TO THE SOUTH, WHERE THAT CMU BLOCK WALL IS PROPOSING TO BE EXTENDED, IS ON A PART OF THE PROPERTY THAT'S LEASED BY BOISE CASCADE THAT WE DON'T HAVE ACCESS TO. IT'S FENCED OFF, AND THEY DON'T HAVE ANYTHING TO DO WITH THIS RAIL SPUR. SO THERE'LL BE NO CROSSOVER ACTIVITY FOR BOISE CASCADE TO THE TRANSFER. LIKE THERE WOULDN'T BE ANY WAY FOR A FORKLIFT TO TRAVEL BACK AND FORTH BECAUSE IT WAS OFFENSIVE JOINT. SO WHERE'S THE CUTOFF FOR BMC. SO BASICALLY FROM THE NORTHWEST CORNER OF THE WAREHOUSE TO THE NORTH, THERE'S A FENCE THERE, RIGHT? RIGHT WHERE THAT CURSOR IS. YEAH, THERE'S A FENCE THERE. AND THEN THERE'S A FENCE. YEAH, EXACTLY RIGHT THERE. OKAY. AND YOU ARE AWARE, I GUESS WE SO WE BASICALLY HAVE FROM THE BUILDING TO THE SOUTHEAST. AND THEY HAVE BASICALLY FROM THE BUILDING TO THE NORTHWEST. OH, SAME BUILDING ITSELF. WE HAVE ONE THIRD OF THAT. WE'RE IN THE THE NORTHERN ONE THIRD OF THE WAREHOUSE, THEY'RE IN THE SOUTHERN TWO THIRDS OF THE WAREHOUSE. AND THEN AS FAR AS YARD SPACE IS CONCERNED, THEY'RE BASICALLY TO THE NORTHWEST OF THE BUILDING FOR THE YARD SPACE. AND WE'RE BASICALLY TO THE SOUTHEAST OF THE BUILDING FOR THE YARD SPACE. OKAY. SO EVERYTHING'S SOUTH OF THE BUILDINGS, PRETTY MUCH YOUR YARD SPACE. YEAH. AND THEY'RE NORTHEAST, NORTH WEST. YEAH.

NORTH WEST. WHERE'S THE FENCING? AND I'M SO SORRY. FROM THE NORTHWESTERN CORNER RIGHT THERE.

YEP. RIGHT WHERE THE CURSOR IS. OKAY. OH, SO THERE'S NO FENCE DIVIDING YOUR WHERE YOU'RE FOR THE LOT, WHERE YOU USE IT FOR THE TO THE SOUTH. IS THERE. SO YOU'RE IN THE YOU'RE IN. SORRY, I APOLOGIZE. YEAH. SO YOU'RE IN THE NORTH. SORRY. THE SOUTH PORTION OF THE BUILDING. WE'RE IN THE NORTH PORTION OF THE WAREHOUSE, THE NORTH PORTION OF THE WAREHOUSE, THE NORTH THIRD OF THE WAREHOUSE AT THAT 12,000FT■!S IS WESTERN WHOLESAL. OKAY. THE BOTTOM 26,000FT■S IS BOISE CASCADE. OKAY, I SWITCHED, BUT THEY'RE THEY'RE DOORS. THEY ACCESS IS ALL TO THE NORTHWEST WHERE THEY ARTSPACE IS. AND THE ONLY DOORS THAT WE USE ARE ACTUALLY, YOU KNOW, TO THE SOUTHEAST. ESSENTIALLY, THOSE DOORS ARE USED IN THE NORTHERN THIRD. OKAY, OKAY. I COULD DO THAT. BUT YEAH. SO, YOU KNOW, SO YEAH, THAT'D BE KIND OF A GOOD APPLICABILITY OF WHERE THE FENCE IS PROPOSED TO BE EXTENDED. YOU'RE SAYING, GOTCHA SPACE 14,000. RIGHT. TO ME, IT MAKES MORE SENSE THAT THE WALL WOULD START. I UNDERSTAND THAT IT'S NOT IN THEIR BUSINESS.

THIS ISN'T FOR THEIR BUSINESS. BUT TO ME, IT MAKES MORE SENSE THAT YOU WOULD JUST MOVE THE WALL DOWN THAT WAY. YEAH. WHICH I THINK WE'RE OPEN TO DO TOO. LIKE WE'RE I THINK THAT MAKES MORE SENSE AS WELL. I THINK THAT PROPOSALS ARE GOOD TO GO TO THE NORTH WITH IT. YEAH. WAS SOME BACK AND FORTH WITH THE CITY OF WHAT MADE THE MOST SENSE. I THINK WE'RE HAPPY TO DO THAT 113FT OF IT, YOU KNOW, STARTING THERE AND GOING SOUTH INSTEAD OF GOING NORTH. YEAH.

THE ONLY QUESTION THERE BECOMES THE TREES BECAUSE EVERYTHING TO THE SOUTH OF THAT AREA IMPROVEMENT IS EXISTING ASPHALT. YEAH. WE COULDN'T REALLY PUT TREES THERE WHERE WE COULD PUT TREES IN THE NORTH BECAUSE THAT'S ALL JUST DIRT. I SEE WHAT YOU'RE SAYING. YEAH. YEAH, YEAH. IT JUST MAKES MORE SENSE TO ME THAT ANY KIND OF VISUAL WOULD COME FROM THAT HOUSE. AND YOU, THEY WOULDN'T BE ABLE TO LIKE THE FENCE WOULD DO, WOULD NOT DO MUCH FOR ANYONE VISUALLY

[00:45:05]

IF IT WERE TO THE NORTH. TO ME, I DON'T KNOW. YEAH. LIKE I SAID, WE'RE WE'RE HAPPY FOR THE SOUTH TO THE NORTH, I UNDERSTAND. SO IF WE DID THIS THEN WOULD WE. WE WOULD NOT REQUIRE THE 30 FOOT LANDSCAPE BUFFER. BUT YOU WOULD STILL LIKE TEAR OUT THE ASPHALT TO PUT. YOU WOULDN'T PUT THE TREES IN. YOU WOULD JUST PUT THE WALL DOWN THERE AND YOUR ASPHALT BACK UP TO IT, I GUESS. YEAH. I GUESS IF THE FENCE EXTENDS TO THE SOUTH INSTEAD OF TO THE NORTH, THEN THE EXISTING ASPHALT LIKE COULD WE COULD WE DRILL INTO THE ASPHALT, PUT TREES, AND I SUPPOSE WE COULD, BUT LIKE IF YOU HAVE THE WALL, YOU DON'T NEED THE TREES. ISN'T THAT KIND OF WHAT THE THE POINT OF THIS FENCE IS CITY CODE REQUIRES BOTH. SO SOME KIND OF OPAQUE FENCE OR WALL AND THEN TREES. IN ADDITION, I SEE WHICH IS OPPOSED TO THE STREETS OF THE NORTH. I SEE, AND I THINK THERE'S SOME BACK AND FORTH WITH THE CITY THAT WAS PROPOSED TO EXTEND FENCE TO THE NORTHERN PROPERTY LINE. SO YOU'RE SAYING THE FENCE 213FT TO THE SOUTH.

THAT'S WHAT I KEEP. JUST KEEP THE TREES. THE TREES CAN GROW STILL MORE. YEAH. BUT IS THAT BECAUSE THE PROPERTY LINE OF WHERE IT'S AT? IS THAT WHY YOU'RE SAYING IT NEEDS TO GO ALL THE WAY MORE NORTH? INSTEAD OF RIGHT WHERE THEY'RE DOING THE IMPROVEMENT? NO, THE STARTING POINT WAS BASED ON THE APPLICANT SITE PLAN THAT WAS SUBMITTED TO THE. THEY'RE JUST THEY'RE TRYING TO BE NICE TO THE NEIGHBORS. THEY'RE LIKE, LOOK, THERE'S DIRT HERE. WE COULD PUT TREES THERE FOR YOU. WELL, I'M WONDERING MORE ABOUT THE FENCE. IF WE'RE GOING MORE NORTH, THEN WE COULD USE IT MORE TO THE SOUTH. I KNOW, I KNOW, I WOULDN'T BOTHER GOING TO THE NORTH. SO FROM THAT SPUR, 113FT, DOES IT GO ALL THE WAY TO THAT POINT THAT'S FURTHEST NORTH? I DON'T IT GOES I THINK IT GOES VERY CLOSE TO THAT NORTHERN PROPERTY LINE, IF NOT ALL THE WAY. I DON'T KNOW SPECIFICALLY WHERE THAT POINT OF ORIGIN 113FT GETS YOU, BUT I THINK IT'S VERY CLOSE. THAT PROPERTY LINE. WHAT ABOUT WHERE THE PROPERTY LINE, WHERE THE CORNER OF THE CITY PROPERTY. YEAH. RIGHT THERE. WHERE'S THAT TO THE TO WHERE THE SPUR IS AT.

HOW FAR IS THAT ABOUT? I THINK ON THE PLANS SHOWN AT 123 AND A THIRD, I THINK FROM THAT CORNER, 123 TO THE SPUR TO THE END OF THE. YEAH, EXACTLY. TO LIKE THE SOUTHERNMOST POINT OF THE AREA SPUR. SO EITHER 113 FOOT FENCE AND START WHERE AND END WHERE. SO I THINK IT'S PROPOSED TO START AT THE SOUTHERN POINT OF THE IMPROVEMENT FOR THE RAIL SPUR. AND THEN ALONG THE PROPERTY LINE TO THE NORTH, 113FT. OKAY. SO, YOU KNOW, THEORETICALLY TEN FEET SHORT OF THAT PROPERTY. I SEE WHERE THE CITY IS COMING FROM THOUGH, BECAUSE THE IT'S LIKE YOU WANT THE VISUAL AND YOU WANT THE NOISE, YOU KNOW, BUT THEY'RE, BUT THEY'RE NOT REQUIRING YOU TO TEAR UP ASPHALT TO PUT IN A LANDSCAPE BUFFER. RIGHT, I GET THAT. I DON'T, YOU KNOW, I DON'T KNOW HOW APPLICABLE THIS IS TO AS WELL. BUT I HAVE TO SAY ABOUT THE FALLS IS ACTUALLY TRYING TO TAKE BACK A PORTION OF THAT LAND AS WELL TO EXTEND THE RIVERWALK. SO THOSE ARE ONGOING DISCUSSIONS WITH THE COLORS AND THE OTHER NEIGHBORS AS WELL ABOUT THE CITY TRYING TO TAKE, I THINK, ROUGHLY 30FT. NO, NO, THAT'S DONE NOW. NO. YEAH. THAT'S NOT THAT'S AWESOME.

OKAY, GREAT. SO. YEAH, I THINK WE'RE HAPPY TO EXTEND THE FENCE TO THE NORTH, TO THE SOUTH. AND WE'RE SPLIT. SPLIT THE DIFFERENCE AND DO SOME TO THE SOUTH AND SOME TO THE NORTH. SO FOR THE 223 WORDS, WHERE DOES IT START AND END. IT'S 220FT FROM THE NORTH. PROPERTY LINE.

NORTHEAST PROPERTY LINE, THE RESIDENTIAL PROPERTY THAT'S RIGHT THERE NOW. SOUTH ALONG THE PROPERTY LINE. AND IT GETS YOU JUST TO WHERE THE LARGE EVERGREENS MENTIONED BY MR. CUTLER START JUST PAST THE NEAREST RESIDENTIAL STRUCTURE. OKAY? OKAY. SO BECAUSE FOR THE FOREMOST CORNER RIGHT THERE ALL UP TO THE SOUTH, JUST PAST THE FIRST BUILDING, BASICALLY. YEAH.

OKAY. AND 113FT. WHERE IS THAT EXACTLY? APPLYING RIGHT NOW FROM THAT CORNER JUST TO THE SPUR. OKAY. IS THERE A REASON WHY THE CITY WOULD WANT TO START FROM THAT FOREMOST CORNER PROPERTY LINE OF THE NEIGHBOR? LIKE WHAT IF YOU DID JUST SHIFT IT DOWN? THAT WOULD BE UP TO THE BOARD. THE STARTING POINT, AGAIN, WAS JUST BASED ON THE SITE PLAN. OKAY. AS THE

[00:50:06]

APPLICANT SAYS, OKAY, I PROPOSE THAT WE JUST TAKE THIS 123FT. WE SHIFT IT DOWN, BUT THEN YOU, YOU DO THE 30 FOOT LANDSCAPE BUFFER NORTH OF THE SPUR IN THE DIRT SPOT THAT YOU'VE ALREADY GOT, OR THAT MIGHT BE APPROPRIATE THAT WE END THE PUBLIC HEARING AND DO DELIBERATION WHEN WE START TO DISCUSS THROUGH THAT. SO DO YOU HAVE ANY MORE QUESTIONS OR DO YOU HAVE ANY MORE QUESTIONS FOR MR. BEAN? I THINK THE ONLY QUESTION I HAVE IS THESE PROPERTIES PREDATE THE INDUSTRIAL ZONE. IS THAT RIGHT? THE RESIDENTIAL PROPERTIES? YEAH. THE RESIDENTIAL AREAS WERE LIKE IN THE 70S. AND THE INDUSTRIAL IS 2007. YEAH.

THAT'S CORRECT. I BELIEVE THAT'S CORRECT. ALL THIS HOUSE WAS BUILT IN THE 20S. THE HOUSE TO THE NORTH WAS 58 AND THE OTHER HOUSE WAS MID 70S. OKAY. SO THE 20S IS WHEN YOU STARTED.

IT'S BEEN THERE LONGER THAN IT'S ACTUALLY BEEN CONSIDERED RESIDENTIAL. OKAY. SO ANY MORE CONCERNS ON THAT? ANY OTHER. NO. ALL RIGHT. THANK YOU. APPRECIATE YOU. IS THERE ANYBODY ELSE WHO WOULD LIKE TO SPEAK BEFORE WE CLOSE THE PUBLIC PORTION OF THE MEETING? I GUESS I HAVEN'T ASKED IF ANYBODY WOULD LIKE TO SPEAK AGAINST THIS. APPLICATION.

HEARING NONE, WE'LL GO AHEAD AND CLOSE THE PUBLIC PORTION OF THE MEETING, AND WE WILL NOW DELIBERATE. OKAY. WE'RE GOING TO DO THAT. OKAY. SO ON THE TREES, IF WE IF THEY PLANT TREES, IS IT A CONCERN THAT THE ROOTS GO INTO THE NEIGHBOR'S YARD, THE TREES GROW? I DON'T THINK SO. THAT CONCERN IS NOT REALLY I WAS JUST THINKING WHERE COLTER WAS TALKING ABOUT THE THE WALL, HOW THAT COULD IMPACT THE TREE, ESPECIALLY IF WE MOVED THIS PORTION OF THE WALL TO THE SOUTH, YOU KNOW. AND THAT THAT'S REALLY ONLY JUST FOR THE BUILDING OF A WALL.

RIGHT. I THINK SHE WHAT SHE'S SAYING IS IF WE RELOCATE ADDITIONAL TREES, IF THEY DIDN'T EXTEND THE WALL NORTH EVENTUALLY. IS THAT WHAT YOU'RE WORRIED ABOUT? NO, I WAS JUST I WAS JUST THINKING, IF WE'RE WORRIED ABOUT THE TREE ROOTS FROM THE OTHER PEOPLE'S PROPERTY, ARE THEY ARE WE GOING TO BE WORRIED IF THEY DO ANYTHING TO THEIR PROPERTY AND KILL THESE TREES? I'M JUST NOT SURE THAT IT'S A. WELL, I DON'T I DON'T SEE THAT AS A AFFECTING YOUR PROPERTY VALUE, BUT IF IT KILLS THEIR TREES, IT COULD DIMINISH THEIR PROPERTY VALUE.

YEAH. SO IT AND THEIR SHADE AND, YOU KNOW, BUT IF THEY PUT TREES ON THEIR SIDE AND THEIR ROOTS GROW INTO THE OTHER SIDE, IT DOESN'T AFFECT THEIR PROPERTY VALUE. I SEE WHAT YOU'RE SAYING, MR. CHAIR. JUST STAFF IF I CAN CLARIFY. SO WITH REGARD TO THE VARIANCE, THE BOARD REALLY NEEDS TO BE DETERMINING DO THE CONDITIONS ARE THE CONDITIONS IN PLACE THAT WOULD QUALIFY AND MEET THE REQUIREMENTS FOR THE VARIANCE? PROPERTY VALUES ARE REALLY NOT SOMETHING YOU WOULD TAKE INTO CONSIDERATION. THAT'S SOMETHING THAT IT'S SOMETHING THE BOARD IS NOT GOING TO BE ABLE TO PUT A VALUE TO SOMETHING. RIGHT? I MEAN, THAT IS CAN BE DETERMINED BY LOTS OF DIFFERENT WAYS, BY LOTS OF DIFFERENT GROUPS, AND THEY VALUE THINGS DIFFERENTLY.

THAT'S NOT A CRITERIA SET FORTH IN STATE CODE RELATED TO THE VARIANCE. SO THE BOARD SHOULD REALLY FOCUS IN ON THE CRITERIA OF VARIANCE, WHETHER THEY BELIEVE THE PROPERTY MEETS THOSE CRITERIA. AND THEN IN THIS CASE NORMALLY YOU WOULDN'T BE TALKING ABOUT MITIGATION.

IT'S JUST WHETHER THE VARIANCE COULD OCCUR OR NOT. IN THIS SITUATION. THE STANDARD THAT YOU ARE BEING REQUESTED TO VARY IS A BUFFERING STANDARD RELATED TO THE USE OF THE PROPERTY. SO THERE IS A LITTLE BIT OF LATITUDE THERE THAT THE BOARD CAN DEAL WITH. TRYING TO MITIGATE THAT SAME THOSE SAME ISSUES RELATED TO THE BUFFER. SO YEAH, WE'RE, WE'RE DEBATING ON WHETHER WE'RE GIVING THE VARIANCE OF REDUCING THE LANDSCAPING AREA. RIGHT. AND

[00:55:04]

THEN ASIDE FROM THAT, WE CAN DETERMINE WHETHER WE WANT THE 220FT OR THE 113 OR SHIPPED.

YES, ONE WAY OR THE OTHER, JUST BECAUSE IT DOES RELATE TO THE PURPOSE OF THE BUFFER.

OTHERWISE, NORMALLY YOU WOULD JUST BE DEALING WITH YOUR DIMENSIONAL REQUIREMENTS. BUT IN THIS SITUATION, YOU DO HAVE A LITTLE BIT OF LATITUDE TO OFFER SOME OTHER SUGGESTIONS THAT YOU THINK WOULD MEET THE REQUIREMENT OF THE BUFFER THAT'S BEING REMOVED. OKAY.

CULTURE, WHAT ARE YOUR THOUGHTS? IF THE NEIGHBORING PROPERTY OWNERS ARE WANTING A LONGER FENCE TO SEPARATE, THAT'S THAT SHOULD BE THE LEANING OF THE BOARD AS WELL. JUST BECAUSE IT'S, IT'S A COMMERCIAL SECTOR THAT'S GOING TO BE ABLE TO PAY FOR THE WALL AND THEY'RE OUT OF COMPLIANCE CURRENTLY. AND MOVING IN THAT DIRECTION WOULD BE THE, THE LONG TERM SOLUTION.

I WOULD I WOULD AGREE WITH THAT. BUT THEY ARE HAVING IT EXTENDED QUITE NORTH, WHICH TO ME DOESN'T SEEM TO NEED TO BE GOING NORTH. SO WHAT ARE YOUR THOUGHTS ON JUST SHIFTING? LET'S SAY IT'S 100 AND 113FT RIGHT NOW, BUT IF WE JUST SHIFTED IT NORTH OR EXCUSE ME, SOUTH, SO YOU'D HAVE LESS FENCE TO THE NORTH, BUT YOU HAVE MORE TO THE SOUTH WHERE WE MEET UP WITH THAT BUILDING THAT THE CITY, THE NORTH END DOESN'T REQUIRE IT SO MUCH BECAUSE THERE'S JUST A, YOU KNOW, FREEWAY NOISE. SO SHIFTING ITSELF MAKES SENSE TO ME. ARE YOUR THOUGHTS ON THAT? I LIKE THAT IDEA. MY ONLY QUESTION IS, WHERE'S THE 113FT FALL AND IS IT 113FT? IT WOULD BE TO WHERE YOU'RE SAYING, HOW FAR DOES IT GO? 123FT THAT'S ON HERE. LIKE THAT'S IF WE WERE TO KEEP THAT LENGTH AS ARBITRARY BECAUSE IT JUST HAPPENS TO GO TO THE END OF THE RESIDENTIAL PROPERTY. BUT IF WE WERE TO SHIFT THIS TO THE SOUTH, WE WOULD WANT 123FT.

YEAH. IN THE APPLICATION, IT SAYS 113. IN MY MISTAKEN IS 123 OR 113FT. IT'S 120 323. WHAT WE WHAT IS SHOWN IN THE SITE PLAN. SO WE'RE STAFF. WHAT STAFF SUGGESTED THAT IT WENT THAT IT WAS A TOTAL OF 220FT AND. 100FT, 97FT. SO 97 PLUS 47FT. WELL THEY'VE GOT THE 48FT RIGHT HERE.

AND SO IF YOU DID 97 PLUS 48, TO ME THAT MAKES SENSE. THAT'S 97 PLUS 48 145. THAT'S WHAT I WOULD RECOMMEND IS BECAUSE THE TWO WHERE THE, WHERE THE 220FT WAS GOING TO END GOES EIGHT FEET PAST THAT RESIDENTIAL BUILDING. AND I LIKE THAT END POINT BETTER THAN I LIKE THIS END POINT HERE. CAN I DRAW? YEAH. THIS ONE'S GOING TO COME DOWN HERE. SO THIS TOTAL IS GOING TO BE 220FT. SO IF WE WE STILL NEED WE STILL NEED THE WALL TO GO UP TO HERE. RIGHT.

SO YOU'VE GOT 48FT HERE PLUS 97 HERE. THIS TO THIS IS 97. SO. AN ADDITIONAL 20FT. YEAH. WHAT DOES THIS END UP. YEAH. IF WE REQUIRED 145FT FROM THIS, FROM THIS POINT DOWN TO THE SOUTH, AND THEN THESE TREES, THESE TREES AREN'T REALLY REQUIRED BECAUSE THAT'S NOT THE PART OF THE PROPERTY THAT THEY'RE IMPROVING. EITHER. BASICALLY, THOSE ARE BASICALLY GOOD FAITH TREES. YEAH, YEAH YEAH. REALLY GOOD POINT FOR THE CITY. SORRY, YOU PROBABLY CAN'T HEAR IT TOO.

WONDERFUL. OH, SO THE MARKING POINT FROM WHERE CITY SUGGESTING TO HAVE THE 220FT IN WOULD BE OUR STARTING POINT. AND WE GO 145FT TO THE NORTH. YEP, YEP. ISH. SOMEBODY CAN

[01:00:08]

CHECK MY MATH THERE, I THINK. CAN I DO I NEED TO REOPEN THIS FOR I'M SORRY. I GUESS YOU'RE THE I'M THE CIVIL ENGINEER. IF THE BOARD IS LOOKING FOR DIRECTION FROM THE APPLICANT AND YOU CAN'T DO THAT WITHOUT REOPENING THE PUBLIC HEARING. OKAY, I'M ASSUMING YOU'RE TALKING ON BEHALF OF THE APPLICANT, RIGHT? YES, PLEASE. BUT THE ONLY THING I WOULD SUGGEST IS INSTEAD OF 145, IT WOULD BE LIKE 144 FOOT EIGHT. YEAH IT IS. IT'S BLOCK WALLS ARE DONE IN EIGHT INCH INCREMENTS. IN 145 DOES NOT COVER THAT. OKAY. I JUST, I JUST WANT TO SAY IF YOU'RE GOING TO PUT IT AT 145, I DON'T WANT THAT FOUR TO 144 FOOT EIGHT, 144 FOOT, EIGHT INCHES. WHEN WE WRITE THE RECOMMENDATION, WE WANT TO KNOW WHAT TO PUT IN THERE. SO. COLTER, I DON'T KNOW IF IS THERE ANY WAY WE CAN KIND OF SHOW THIS PICTURE TO HIM AT ALL? IS THERE ANYTHING I CAN SHOW THEM ON HERE? ONE PICTURE I CAN'T. AND JENNY, YOU MIGHT HAVE TO WALK THEM THROUGH IT. I DON'T KNOW IF YOU CAN SHOW COLTER WHAT YOU'RE TALKING ABOUT RIGHT HERE. SO COLTER IS GOING TO EXPLAIN. YEAH. SO, COLTER, YOU HAVE THE SITE PLAN. CAN YOU SEE THE DIMENSION? THAT'S LIKE 48.63. I WROTE OVER TOP OF IT. I, I CAN SEE WHERE YOUR CURSOR IS AT AND OR ON THE, ON THE SITE PLAN. YEAH. SO FROM THAT POINT TO THE SOUTH, WE ARE ESSENTIALLY ADDING ANOTHER 97FT. BUT WHAT WE WOULD, WHAT WE WOULD DO IS REMOVE THE PORTION OF THE WALL THAT'S NORTH OF THE SPUR. SO. WE WOULD STILL BE ENDING TO THE SOUTH, WHERE THE CITY IS RECOMMENDING THAT WE END. ON THE SOUTH SIDE AND THEN TO THE NORTH AT END, WHERE THE SPUR. AND THE CONSTRUCTION FOR THE SPUR ENDS. YEAH. SO IT'S STARTING ON THE NORTH SIDE, PRETTY ADJACENT TO THAT PROPERTY. THE STRUCTURE ON THAT PROPERTY AND THEN GOING SOUTH RATHER THAN THE PROPERTY LINE. AND THAT NORTH CORNER. CAN YOU HOVER OVER WHERE THE SPUR STARTS ON THE NORTH? THERE YOU GO RIGHT THERE. IF WE START THERE AND GO TO THE SOUTH 144FT INSTEAD OF FROM THERE TO THE NORTH INSTEAD OF FROM THE SPUR TO THE NORTH. SO I WISH WE HAD A DOODLE OF THE WHAT THE STAFF RECOMMENDED FOR THE LENGTH. SO THAT 145, YOU SAY. AND THEN JUST AS OPPOSED TO 220 YEAH. AND SO WHERE DOES THE 220 PUT US? IF WE START THERE. IT GOES. SO THE PROPERTY LINE OF THE NORTH PROPERTY, RESIDENTIAL PROPERTY LINE. WELL, I'M JUST SAYING, WHAT IF WE SHIFTED IT DOWN AND STILL DID 220. SO THEN YOU'RE GOING INTO THE YOU'RE GOING PAST THE POINT THE CITY IS RECOMMENDING. ANNOTATIONS.

BUT IT'S STILL MORE IN LINE WITH THE PROPERTY BOUNDARY THAT IT'S UP AGAINST. SO YOU WANT TO TAKE IT TO THE PROPERTY LINE BETWEEN THE TWO RESIDENTIAL PROPERTIES. THAT'S WHERE THE THREE PROPERTIES, TWO PARCELS THAT ARE THERE, I DON'T KNOW, IT SEEMS A LITTLE ODD TO ME TO HAVE IT BE JUST A RANDOM LENGTH. IT SEEMS LIKE IT SHOULD BE, YOU KNOW, THE SAME LENGTH AS THE PARCEL LINE THAT IT'S HUGGING UP AGAINST. I SEE WHAT YOU'RE SAYING. IT SEEMS ARBITRARY.

YEAH. I GUESS WHAT I'M, I GUESS I THINK I THINK JENNA'S THINKING THE SAME THING. I THINK OUR PROPOSAL, COLTER, IS THAT IF WE START WHERE THE CITY WANTS TO END THE 220FT AND THEN GO NORTH 148, 144 AND EIGHT INCHES, WHICH IS STILL SCREENING AGAINST THE CONSTRUCTION OR THE SPUR THAT'S GOING TO BE CHANGED AND BE USED AND UTILIZED. SO WE'RE STILL

[01:05:01]

GIVING A DECENT BUFFER, IF NOT MORE OF A BUFFER. THAT'S USEFUL THAN HAVING TO JUST KEEP EXTENDING IT NORTH. THAT'S REALLY NOT DOING MUCH MORE FOR ANYBODY. GOING FURTHER SOUTH IS JUST IT'S GOING TO ADD MORE COST. I GUESS THIS I GUESS I'M FEELING THIS IS KIND OF. MORE OF A TYPEKIT WE CAN ALL AGREE ON. UNFORTUNATELY, WE DON'T HAVE THE PROPERTY OWNER HERE THAT'S DIRECTLY WITH THE PROPERTY OWNERS TO THE NORTH. BUT WE DO HAVE THE PROPERTY OWNERS TO THE SOUTH. AND HE LIKES WHERE THE 220FT ENDS. AND YES, IT IS TRUE. I GUESS JUST TO BE GOING INTO BMC PORTION OF THE LEASE THEN WON'T YOU. YEAH, BUT WE WANT IT TO MAKE SENSE.

MY INCLINATION IS JUST TO KIND OF STICK WITH THE 220 AND. HAVE IT BE A LITTLE BIT MORE FAVORABLE TO THE NEIGHBORS. SO TAKE THE 220 AND SHIFT IT TO THE PROPERTY LINE. SO MOST OF THIS FENCE THAT THEY'LL NOW HAVE TO PUT UP WILL BE ON SOMEBODY ELSE'S PROPERTY OR SOMEBODY ELSE'S PROPERTY THAT THEY'RE THAT THEY'RE NOT LEASING. I CAN KIND OF SEE THE DYNAMICS WITH THAT. KIND OF BUILDING SOMEBODY ELSE'S FENCE, WHICH THEY TECHNICALLY WILL BE DOING IF WE SHIFT THIS. PRETTY FAST. I STILL LIKE THE ENDING POINT TO THE SOUTH, HOWEVER FAR NORTH WE WANT TO GO, YOU HAVE TO GO. YOU HAVE TO GO UP TO THE END OF WHERE YOU'RE IMPROVING THE PROPERTY. YEAH. SO THAT'S A MINIMUM. BUT YEAH, YEAH. BUT IF WE WANT TO JUST STICK WITH 220FT, THEN. I COULD AGREE WITH THAT. YES. MR. CHAIR, JUST SO THAT IT'S CLEAR FOR US WHAT I MIGHT WOULD RECOMMEND IN THE BOARD'S MOTION UNDER THIS FRAME OF TALKING IS THAT YOU WOULD SAY YOUR BEGINNING POINT WOULD BE THE NORTH. THE NORTH CONSTRAINT OF CONSTRUCTION, AND THEN A DIMENSIONAL REQUIREMENT TO THE SOUTH. HAVING THAT NORTH CONSTRUCTION POINT BE YOUR STARTING POINT AND THEN PROVIDE A TWO DIMENSIONAL REQUIREMENT FROM THERE. SOUTH WOULD BE MAYBE THE MOST EASY WAY TO COMMUNICATE THAT IN A DECISION AS WELL TO THE APPLICANT. DOES DOES THAT MAKE SENSE? COLTER. IT'S KIND OF WHAT JEN AND I ARE PROPOSING WILL START AT THE MOST SOUTH POINT OF THE OF THE NORTH, SORRY, THE NORTH POINT OF THE CONSTRUCTION AND GO 144FT AND EIGHT INCHES TO THE SOUTH, WHICH IS THE ENDING POINT OF WHERE THE CITY RECOMMENDED THE CITY STAFF. OKAY. SO WE'RE INCREASING THE ROUGHLY 20FT, BUT THEY ARE UNDER 45. SO I'M SORRY, DID YOU SAY THAT AGAIN? SO THAT'S 145FT, CORRECT? ROUGHLY. I'M STILL LEANING TOWARDS STARTING AT THAT SAME POINT AND DOING THE 220. IF THE NEIGHBOR TO THE SOUTH IS ONE A LONGER FENCE, THE NEIGHBOR TO THE SOUTH IS. THAT'S WHY WE'RE THINKING OF SHIFTING IT TO THE SOUTH, BECAUSE THEN IT'S ENDING AT THE POINT WHERE THE NEIGHBOR TO THE SOUTH OF THE SOUTHERLY NEIGHBOR IS. MORE APT TO WANT. CAN WE VOTE ON OUR ON OUR DECISION? WHAT'S OUR DECISION? WELL, I DON'T KNOW. OR DO YOU WOULD YOU NEED A MOTION AND A SECOND AND AS A CHAIR, YOU CAN ALSO PARTICIPATE IN SECONDING A MOTION AND VOTING YES, I KNOW I CAN VOTE. YOU COULD ALSO YOU COULD ACTUALLY OFFER A MOTION. YOU CAN SET A MOTION TO NOT

[01:10:05]

PROHIBITED FROM PARTICIPATING. SO I GUESS I WANT TO MAKE A MOTION THAT THE CONDITION OF THIS VARIANCE IS A WALL THAT BEGINS AT THE NORTH EDGE OF THE CONSTRUCTION AREA AND GOES TO THE SOUTH, 144FT EIGHT INCHES. INSTEAD OF THE. TO REPLACE THE CONDITION THAT THE EIGHT FOOT WALL IS EXTENDED 220FT TO THE SOUTH OF THE. OF THE NORTH WEST PROPERTY LINE. COULD YOU ALSO CLARIFY WHETHER THAT INCLUDES TREES OR NO TREES? WITH NO REQUIREMENT FOR TREES? SO NO RELOCATION TREES. YEAH. CAN I GET A SECOND? WHY DON'T YOU STAY JUST ONE MORE TIME? OKAY.

I WOULD LIKE TO MAKE A MOTION THAT THE CONDITION TO APPROVE THIS VARIANCE INCLUDES A A WALL THAT STARTS FROM THE NORTH CORNER OF THE CONSTRUCTION. TO THIS END, IT GOES TO THE SOUTH 144FT, EIGHT INCHES, AND DOES NOT REQUIRE ANY TREES OR A 30 FOOT LANDSCAPE BUFFER. DO YOU UNDERSTAND THAT MOTION, COLTER? DID YOU HEAR IT? I HEAR IT. I I'D STILL RATHER HAVE A AN AMENDED VERSION. WE HAVE A MOTION RIGHT NOW, SO WE HAVE TO EITHER. I'M NOT SURE HOW TO DO.

CAN I GET A SECOND? SO YOU DO NEED A SECOND OR DO YOU NEED A TURN DOWN AND WE CAN START.

SOMEONE WILL MAKE THE MOTION. AND IF THERE IS NOT A SECOND, THE MOTION DIES AND THEN A NEW MOTION WILL NEED TO BE PRESENTED. IF THE MOTION IS SECONDED THAT YOU WOULD MOVE TOWARDS VOTING ON THAT QUESTION. SO MY CONCERN IS TO LET'S SAY THIS DIES JUST SO WE CAN GET WHATEVER COLTER WANTS TO SAY. HOW CAN SHE SAY IT AGAIN, EVEN THOUGH IT'S THE SAME MOTION AND GET A SECOND. SO IF COULTER'S MOTION GETS A SECOND, THEN YOU WOULD VOTE YES OR NO ON THAT. I DON'T I'M NOT NECESSARILY MAKING SURE THAT COLTER HAS IS MAKING A MOTION. I GUESS I JUST WANT HIM TO SAY WE NEED TO DO WE NEED TO VOTE ON THE MOTION BEFORE CLOSER AS IT'S AN OPINION. NOW YOU NEED TO VOTE ON IT. YOU NEED TO GET A SECOND ON THE MOTION. ONCE YOU HAVE A SECOND ON THE MOTION, YOU CAN DISCUSS THE MOTION AND ANY BOARD MEMBER COULD OFFER THOUGHTS ON THE MOTION. YOU DIDN'T NEED TO VOTE ON THE MOTION. THOSE WHO EITHER GAVE THE MOTION OR SECONDED THE MOTION, THEY'RE NOT OBLIGATED TO VOTE IN FAVOR OF THE MOTION.

THEY COULD VOTE AGAINST THE MOTION EVEN THOUGH THEY SECONDED IT OR GAVE A MOTION IS FINE. BUT DAVID'S RIGHT. YOU DON'T GET A SECOND TO THE MOTION, THE MOTION DIES AND YOU HAVE TO BEGIN AGAIN. YEAH, WE COULD EVEN ISSUE THE SAME MOTION IF A LONG TIME YOU COULD.

IT WOULD BE INTERESTING. I CAN I CAN RETRACT MY MOTION. THOSE WOULD BE THE WORDS THAT I WOULD USE IF I WERE GOING TO MAKE A MOTION. NOT FAIR BECAUSE YOU RETRACT IT. WHAT WOULD BE THE PURPOSE OF RETRACTING IT? JUST TO SEE WHAT COLTER HAS TO SAY. MAYBE I'LL ADAPT THE MOTION.

BASICALLY, I GUESS. I GUESS WHAT I'M SAYING IS THIS MOTION DIES. YOU HAVE YOU HAVE A LEGITIMATE MOTION ON THE TABLE. I THINK YOU NEED TO ASK FOR A SECOND. IF THERE IS NO SECOND, THEN WE SHOULD BE GIVING. THAT WILL BE THE CLEANEST WAY FOR THE RECORD. OTHERWISE, IT GETS KIND OF A FOR THE RECORD. SO CAN I GET A SECOND? YOU HAVE A LEGITIMATE MOTION ON THE TABLE.

I WOULD ASK FOR A SECOND. IF THERE'S NO SECOND, THE MOTION WOULD DIE. DO YOU NEED A SECOND? BEFORE COLTER CAN SAY ANYTHING FURTHER? YOU SHOULD HAVE A SECOND BEFORE YOU DISCUSS THE MOTION. GENERALLY, IT'S A LITTLE BIT UP TO YOU GUYS HOW YOU WANT TO DO THAT, BUT GENERALLY, YES. MOTION I. AT THIS TIME THERE'S NO SECOND TO THE MOTION. MOTION DIES. COLTER,

[01:15:03]

WHAT DID YOU HAVE TO SAY? WHAT WOULD IT BE YOUR DRUTHERS WITH THIS MOTION? I WOULD MAKE A MOVE TO MAKE A MOTION FOR DOING. DON'T MAKE 145. ARE YOU MAKING A MOTION OR ARE YOU A SUGGESTION FOR A MOTION? WITH THE TREES BEING INCLUDED THAT THEY WANTED TO ORIGINALLY PUT IN? I DON'T KNOW IF THAT'S THE REASON WHY YOU MOVED. NO, I THINK THEY'RE GOING TO HAVE A PROBLEM FINDING A SEWER LINE, BUT THAT'S NOT OUR PROBLEM. ALL RIGHT. THANK YOU. WOULD YOU MIND MAKING A MOTION AGAIN, SIR? OKAY. I AM GOING TO MAKE A MOTION SUCH THAT THE CONDITIONS OF THIS VARIANCE WILL INCLUDE AN EIGHT FOOT WALL THAT EXTENDS FROM THE NORTH CORNER OF THE CONSTRUCTION AREA, SOUTH TO THE SOUTH, 144FT, EIGHT INCHES, AND DOES NOT INCLUDE A LANDSCAPE BUFFER IN THIS AREA, BUT STILL INCLUDES TREES TO THE NORTH OF THE CONSTRUCTION AREA. I SECOND THE MOTION. THOSE IN FAVOR OF THE MOTION PRESENTED BY JENNA, PLEASE SAY AYE. I I THOSE OPPOSED SAY NAY. MOTION PASSES. WHERE DO I GO FROM HERE? WE'LL DO. THIS. YEAH, YEAH. YOU WOULDN'T. YOU STILL NEED TO ACT ON THE REASONS TO OVERRIDE. BUT YOU CAN MAKE A MOTION ON THE REASON STATEMENT THAT IT BE MODIFIED TO REFLECT THE MOTION THAT WAS GIVEN. SO YOU WANT ME TO READ THE RELEVANT CRITERIA STANDARD. THE REASON STATEMENT DOESN'T NEED TO BE READ. THE BOARD JUST NEEDS TO TAKE ACTION ON IT BECAUSE IT IS YOUR OFFICIAL ACTION ON THE VARIANCE.

BUT OBVIOUSLY THE REASON STATEMENT WAS WRITTEN ACCORDING TO THE STAFF'S RECOMMENDATION AND THE APPLICATION GIVEN. SO THE REASON STATEMENT WILL NEED TO BE MODIFIED ACCORDING TO YOUR MOTION. BUT IF YOU AGREE WITH ALL OF THE OTHER STATEMENTS ON THE REASON STATEMENT THAT ARE FACTUAL, YOU CAN STILL PROVIDE A MOTION ON THE REASON STATEMENT. IT'S JUST THAT IT BE APPROVED AS MODIFIED WITH THE THE MOTION THAT THE BOARD PROVIDED, AND WE'LL MAKE THAT CHANGE AND PROVIDE IT FOR YOUR SIGNATURE TONIGHT. BUT WE STILL DO NEED A MOTION. OKAY.

IT'S YOUR MOTION. YEAH. CAN I MAKE A MOTION FOR THE CAN I GET A DO I NEED TO READ ANY OF THE NEED TO READ IT. NO. CAN I GET A MOTION TO APPROVE THE READS A STATEMENT OF RELEVANT CRITERIA AND STANDARDS. WITH IMPROVEMENTS THAT MEET THE MOTION THE BOARD APPROVED. IS THAT. CAN I SEE IT THAT WAY? SURE. I SECOND THAT THOSE IN FAVOR OF THE RECENT STATEMENT RELEVANT CRITERION STANDARDS, PLEASE SAY I, I THOSE OPPOSED SAY NAY RELEVANT STATEMENT OF RELEVANT CRITERIA AND STANDARDS. ALL RIGHT. THANK YOU FOR YOUR TIME AND EFFORTS, I APPRECIATE IT. THANK YOU, THANK YOU. I'M SURE IF THERE'S ANY QUESTIONS, I'M SURE STAFF CAN HELP YOU FROM HERE ON OUT, WE'LL WORK WITH THEM. THANK YOU. YEAH. CAN WE TAKE A BRIEF RECESS? IS THAT IS THAT THE MOTION FOR RECESS? YES. YOU CAN'T JUST SAY WE'LL TAKE RECESS OR WHATEVER YOU WANT TO. I THINK WE'LL JUST TAKE A FIVE MINUTE RECESS BEFORE TO GET BACK TO IT, COLTE? YEP. ALL RIGHT. THE NEXT ITEM ON THE AGENDA IS VARIANCE TO REDUCE LANDSCAPE BUFFER

[2.II VAR26-003: Variance to reduce the landscape buffer requirements along Northgate Mile and East Anderson Street]

REQUIREMENTS ALONG NORTHGATE MILE AND EAST ANDERSON STREET. THE APPLICANT CIRCLE K CORPORATE IS HERE. IS THE APPLICANT HERE TO PRESENT YOU KNOW THE APPLICANT. YOU MIGHT BE ONLINE. SORRY I APOLOGIZE YOU'RE ONLINE. JOANNIE. I'M SAYING THAT CORRECTLY. I THINK

[01:20:04]

WE HAVE ALEC AND ASHLEY. ALEC AND ASHLEY. CAN YOU HEAR US? YES, WE CAN HEAR YOU. OKAY. IF YOU'D LIKE TO PRESENT YOUR APPLICATION, THE BOARD'S READY TO HEAR IT. AND A SECOND TO OPEN UP THE DRAWING. YEAH. NO WORRIES. THIS IS A CIRCLE. CIRCLE K CONVENIENCE STORE AND ASSOCIATED SALE OF MOTOR VEHICLE TOOL LOCATED ALONG NORTHGATE MILE IN ANDERSON STREET. THE PROPERTY IS CURRENTLY DEVELOPED WITH A EXISTING VACANT BANK. WE'RE PROPOSING TO DEMOLISH THE BANK IN ORDER TO BUILD THE CONVENIENCE STORE AND GAS STATION. THE BUILDING IS APPROXIMATELY 4000FT■S. THERE'S FIVE PUMP ISLANDS, WHICH SERVES, YOU KNOW, 1010 FUELING POSITIONS, ONE ON EACH SIDE OF THE ISLAND. THE TOTAL OF 17 PARKING SPACES AND ACCESS ON ANDERSON STREET, AS WELL AS NORTHGATE MILE THROUGH A CROSS ACCESS EASEMENT WITH THE ADJACENT MCDONALD'S. WE'RE HERE TONIGHT SEEKING A VARIANCE FOR A LANDSCAPE BUFFER DUE TO. THE UNIQUE SHAPE OF THE PROPERTY. AS YOU CAN SEE, WE'RE ON A TRIANGULAR LOT THAT GETS NARROW AS YOU GET CLOSER TO THE INTERSECTION. BUT WHAT WE'VE DONE IS PROVIDED THE 20 THE CITY REQUIRES A 20 FOOT BUFFER ALONG THE PROPERTY FRONTAGE.

WE'VE PROVIDED THAT 20 FOOT BUFFER CLOSER TO THE INTERSECTION AND ALONG THE BUILDING WHERE WE'RE SEEKING A VARIANCE IS FOR THE ASPHALT DRIVE AISLES AND PARKING SPACES ALONG ANDERSON STREET, AND I CAN PRESENT A LANDSCAPE PLAN. THIS LANDSCAPE PLAN WAS SUBMITTED WITH OUR APPLICATION. YOU CAN SEE WE PROVIDE. WE ARE PROVIDING EVERGREEN TREES, DECIDUOUS TREES AND FLOWERING TREES WHEREVER POSSIBLE TO PROVIDE. THERE ARE UTILITIES AND YOU KNOW, GENERAL COMMERCIAL SITE IMPROVEMENTS WHERE WE WOULD BE UNABLE TO LANDSCAPE, BUT WE ARE PROVIDING A LUSH BUFFER AT THE INTERSECTION TO MAKE THE SITE AND IMPROVE THE ESTHETIC OF THE SITE. TODAY, AS YOU GUYS KNOW, IT'S A VACANT BUILDING AND COMPLETELY PAVED ASPHALT PARKING LOT. AT THE CORNER OF THESE TWO MAJOR ROADS. BOARD HAS ANY QUESTIONS I'D BE HAPPY TO ANSWER. I HAVE A QUESTION. CAN YOU ZOOM IN AND CAN WE SEE THE THE AREA OF THE LOT WHERE YOU'RE LOOKING FOR THE VARIANCE? IS THERE A SIDEWALK THERE THAT'S IMPACTED BY THIS? THE SIDEWALK IS REALLY ONLY FROM AN AERIAL. SECOND. THERE ARE EXISTING SIDEWALKS ALONG THE FRONTAGE OF THE SITE ON BOTH EAST ANDERSON STREET AND AND NORTHGATE MILE. OKAY. BUT THE PROPERTY LINE IS IS ON IS THE PROPERTY LINE ON THE BACK OF

[01:25:05]

THE SIDEWALK. OKAY? YES. AND YOU CAN SEE THAT THE SIDEWALKS IN THE RIGHT OF WAY, WE WE'RE NOT OTHER THAN IMPROVING THE SIDEWALK WHERE IT'S, YOU KNOW, IN A DILAPIDATED CONDITION.

OKAY. WE'RE NOT WE'RE NOT REMOVING THE SIDEWALK, IF THAT'S YOUR QUESTION. YEAH.

THANK YOU. DO YOU HAVE ANY QUESTIONS OR DO YOU HAVE ANY QUESTIONS? I DON'T HAVE ANY QUESTIONS. THANK YOU SIR. APPRECIATE IT. WE'LL NOW HEAR THE STAFF REPORT. GOOD EVENING.

SO THE REQUESTED ACTION TO APPROVE THE VARIANCE TO ALLOW PARKING. GO TO THE. THERE WE GO.

A QUESTION HERE. THERE WE GO. THERE WE GO. SO THE REQUESTED ACTION IS TO ALLOW PARKING AND DRIVE AISLES WITHIN THAT LANDSCAPE BUFFER. SO THE 20FT MENTIONED BY THE APPLICANT IS BEING REDUCED SLIGHTLY TO ALLOW THAT PARKING AND DRIVE AISLES WITHIN THAT LANDSCAPE BUFFER. A LITTLE BIT OF HISTORY ABOUT THE PROPERTY. IT WAS ANNEXED AND PLATTED IN 1958 AS PART OF THE COUNTRY CLUB MALL LAND. THERE ARE NO CONDITIONAL USE PERMITS FOR THE PROPERTY TO DATE. SO THE PROPERTY OWNER IS PROPOSING TO BUILD THIS NEW CIRCLE K LOCATION. HOWEVER, TO KEEP ADEQUATE MOVEMENT AND ACCESS TO THE LOCATION TO THE BUSINESS, THIS VARIANCE IS ASKING TO ALLOW THE PARKING AND DRIVE AISLES WITHIN. LET'S SEE. AND BASED OFF OF THE SHAPE, THE EYE SHAPE OF THE LOT, IT KIND OF GETTING VERY NARROW DOWN HERE AND NOT ALLOWING FOR MUCH ACCESS FOR THE DRIVE AISLES OR PARKING FINDS THAT THAT THE GRANTING OF THE VARIANCE IS CONSISTENT WITH OUR CODE. AND WE RECOMMEND APPROVAL. IF THERE'S ANY QUESTIONS FOR ME, ANY QUESTIONS FOR STAFF COLTER? THE ONLY QUESTION I WOULD HAVE ABOUT LANDSCAPE WITH THIS PROPERTY IS I KNOW THAT IDAHO FALLS HAS CRITERIA PERTAINING TO BLIND SPOTS FOR TRAVELERS, YOU KNOW, COMING AND GOING. SO WHERE EXACTLY ARE IS THIS GOING TO HAVE TWO ENTRANCES AND EXITS OR IS IT ONLY ONE SPOT? HOW DOES THAT CORRELATE TO ANY SORT OF LANDSCAPING WITH DRIVERS VISIBILITY? SO CURRENTLY THAT THE PROPERTY HAS FOUR CURB CUTS. THERE'S THREE ON EAST ANDERSON STREET AND ONE ON NORTHGATE MILE. THE PROJECT IS PROPOSING TO REMOVE TWO OF THE ACCESSES ON ANDERSON STREET AND KEEPING THE WESTERNMOST ACCESS, AND IT'S PROPOSING TO REMOVE THE ACCESS ON NORTHGATE MILE, BUT CLOSER TO THE BUILDING IS WHERE WE'RE REMOVING THE ACCESS, AND WE'RE PROPOSING TO UTILIZE THE EXISTING MCDONALD'S ACCESS ON ON NORTHGATE MILE THROUGH A CROSS ACCESS EASEMENT. SO WHERE THERE'S FOUR TODAY, THERE WILL BE ONE AS PART OF THIS PROJECT, WHICH ALLOWS US TO PROVIDE THE THE BUFFERING AND LANDSCAPING ALONG THE PROPERTY FRONTAGE.

I'M ALSO. I ALSO WANT TO ADD THAT THAT GRAY HATCHED AREA THAT YOU SEE ON THE SCREEN, THAT'S A TEN FOOT RIGHT OF WAY DEDICATION, WHICH IS REQUIRED BY BY THE CITY, WHICH IMPACTS OUR ABILITY TO PROVIDE THE 20 FOOT BUFFER, RIGHT? BECAUSE WE'RE GIVING TEN FEET OF THE FRONTAGE TO THE CITY, WE'RE LOSING THAT TEN FEET IN THE IN OUR ABILITY TO PROVIDE A LANDSCAPE BUFFER, WHICH IS. AT LEAST PART OF THE REASON WHY WE'RE WHY WE'RE HERE. DOES THAT ANSWER YOUR QUESTION, COLTER? YES. THANK YOU. ANY FURTHER QUESTIONS FROM THE BOARD? NO.

[01:30:09]

THANK YOU. EXCELLENT. THANK YOU. NOW, OPEN UP TO THE PUBLIC. IS THERE ANYONE THAT WANTS TO SPEAK IN FAVOR OF THIS APPLICATION? SEEING AND HEARING NONE. IS THERE ANYONE THAT WANTS TO SPEAK NEUTRAL ON THIS APPLICATION? SEEING AND HEARING NONE. IS THERE ANYONE THAT WOULD LIKE TO SPEAK AGAINST THE APPLICATION? SEEING AND HEARING NONE. DO YOU HAVE ANYTHING FURTHER TO ADD? THE APPLICANT. FOR? CLOSE IT. NOTHING. NOTHING. VERY GOOD TO ADD. EXCELLENT.

THANK YOU FOR ALLOWING US TO ATTEND VIRTUALLY. OKAY. OF COURSE. REALLY APPRECIATE THAT.

OKAY. WE'LL NOW CLOSE THE PUBLIC HEARING OF THE. PUBLIC HEARING PORTION AND MOVE ON TO DELIBERATE. I HAVE NO CONCERNS WITH THIS. ALL RIGHT. COOL. DO YOU HAVE ANY CONCERNS? I DON'T HAVE ANY CONCERNS. HEARING NONE, FEELING LIKE DELIBERATION IS DONE. I WOULD SUGGEST THAT WE MOVE ON AS STAFF RECOMMENDS. WE WANT TO MAKE A MOTION TO APPROVE THIS VARIANCE AS RECOMMENDED BY STAFF SECOND, SECOND, SECOND. THAT THOSE IN FAVOR OF THE MOTION, PLEASE SAY AYE. AYE. THOSE OPPOSED SAY NAY. MOTION PASSES. THANK YOU, THANK YOU, THANK YOU, THANK YOU FOR YOUR TIME. GOOD DAY. YOU AS WELL. IS THIS MY VARIANCE FOR MY RECENT STATEMENT. THAT'S FOR THE THAT'S FOR THE OTHER ONE. OH SORRY. I'M GOING TO MAKE A MOTION TO APPROVE THE RECENT STATEMENT. RELEVANT CRITERION STANDARDS FOR THE VARIANCE CIRCLE K INCORPORATED VARIANCE NUMBER VAR26-003. I GUESS. SECOND, SECOND. THOSE IN FAVOR, PLEASE SAY AYE. AYE AYE. THOSE OPPOSED, SAY NAY. SO DO I NEED TO CLOSE IT? DO I NEED A MOTION TO CLOSE YOUR MOTION? YOU CAN JUST ADJOURN THE MEETING

* This transcript was compiled from uncorrected Closed Captioning.