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Thanks.
>> I'm sorry. I'm

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[Music]
Well, we're recording.

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We did all that.
[Music]

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» I think I'd go back to the ex select
existing broadcast

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start.
[Music]

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This is the one.
Apologies folks. This is new.

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[Music]

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Then what we did was minimize this. You
won't even minimize it.

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» Well, but you got a you've got a a
notice up there.

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But it should be coming across here,
Tony. That's what I'm saying.

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[Music]
We are recording though.

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» Okay. So, is if we're recording, I think
as long as we can upload it later, that

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still counts.
>> It's recording to the laptop.

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» Yes. When we have a
>> Okay.

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[Music]
Okay. As long as you're sure it's

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recording, then
>> said it was.

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[Music]

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» All right, we will bring the call to
order the Bream Board of Zoning Appeals

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on Monday, July 21st.
And we've all received the minutes of

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the previous meeting dated June 24th,
2025. Are there any additions or

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corrections? Yes, I have three
corrections to the minutes. Under uh

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petition 06,
the third line from the bottom should

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read, "But no one appeared in favor of
or in opposition."

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It currently reads, "But one appeared."
>> Okay.

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» Then in petition 08,
the fourth line should read, "Mr. heater

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stated that the building would only be
for storage.

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It currently says Mr. Heater that

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and then the line above that says that
Mr. Heater's residence is 404 South

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Whitlock and the out building is 412.
Those are reversed. Okay. His residence

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is 412, the out building is 404.
>> Okay. So those corrections, I move to

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approve the minutes.
>> Okay, Mr. Clark approves.

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» We have a second.
>> I'll be your second. All in favor of the

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minutes being approved with the three
corrections signify by saying I.

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» I.
>> I. Those same sign. Minutes are

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approved. Do you want me to sign this
corrected one or will there?

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» We'll get you a fresh Actually though
the second page.

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» Yeah.
>> Is there anything on the second page?

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Sign that one and we'll get a new fresh.
Got it. So,

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okay. Before us tonight, we've got
application 25-9, which is Alfredo

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Gimenez at 124 West Grant requesting a
variance to add lot coverage to more

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than the allotted 40%.
Um,

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we've all received the notice of
information here. Um,

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Mr. Gimenez, are you here to uh 124? Do
you want to give us exactly what you're

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doing with
>> Excuse me, Mike. I'm sorry to interrupt.

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» These folks ask if they could go first.
They have a a little boy that

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» Okay. Can we do that?
>> If we could.

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» Number 10.
>> Uh, yeah. You folks don't mind if we

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come back around.
>> Okay. All right. We'll reverse the order

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then. Application 25-10,
which is Stephanie Cerna.

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» Yes.
>> Okay. And you live at 115 West North and

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you got a property at 121 North Jackson
seeking to build a triplex

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with more than 40% coverage. And again,
hopefully everybody has received that.

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So, there's actually a couple things
going on here with this one. Um, the 40%

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coverage,
uh, is true, but if you look at the

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packet that I gave you, um,
no, I'm sorry. I I should tell you this.

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It's zoned R six residential and
multifamily is a special use.

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So uh if you recall we have permitted
uses meaning you don't have to ask

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permission to do anything special uses
you do have to get permission and then

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you have variances which is something
that the the ordinance doesn't

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contemplate already. So the lot coverage
is one thing. Um were there setback

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variances or anything in this?
>> I believe so. Okay. So we need to

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discuss those because those actually
aren't on the notice. Um, but then you

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also need to consider the special use
exemption for having three units on

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there instead of one or two. So, I just
want to make that clear from the get-go.

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And then in the packet that I
distributed, uh, just it's those

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condensed pages from the BCA chapter,
the zoning ordinance. Um the

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first page is the use variances which
would govern the uh I believe that 40%

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coverage but then the second page has
the special uses and then the additional

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considerations you have uh those
additional criteria. So basically uh

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that page 204 has all of the uh special
uses. So you're going to be dipping from

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one page Got it. And then moving over to
the other one

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would be use variances also, right?
>> Yes. Yes.

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» Okay.
With that in mind for the board, you

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want to give us an explanation of what
we've got going here, Steph.

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» Um, yes. My husband drew up a little
plan. I don't know if it's in front of

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you.
>> Um, so our lot measures

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123 feet by 80. There was a survey done.
We we haven't found it when the house

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burn down. Um but we went off the
Marshall County building uh the Marshall

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County Beacon website to measure and um
we would build a basement, but they

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didn't say to put those specifications
on those. It would just be one story,

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one story all across. It would be um
three buildings and then we would have

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two together and then we'd have a garage
dividing

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the third one but it would all be one
building connecting.

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» So you meant three units, not three
separate buildings.

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» Yes. One whole unit. I just want to make
sure I understand.

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» Yes. They would all be together.
>> All together.

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» All together. And then we did provide
parking for the other two that don't

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have a garage in the front. Um, so there
would be 25 ft in the front covered with

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gravel. Um,

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I don't know what else. Um, but they did
say we would have to have like

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» parking and then if we wanted to do
three and they would each have their own

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meter which had their own cost and also
the sewer would have to be tapped in

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three depending on the condition of the
existing one. Um, if not they'd all be

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three.
[Music]

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There is one.
>> Did Ter give give you guys the copy of

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the diagrams she's talking about?
>> Yes.

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» Okay. Paints a nice picture so
>> and and it looks like the setbacks are

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actually okay.
>> Are they okay?

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» Um it's 25 ft front yard and it's
technically not a yard if it's parking,

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but it is 25 ft from it looks like the
the rideway. Um, and then 15 ft rear and

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5 yard for the uh or 5 ft for the uh
sides.

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» So, we got enough on each side now.
>> So, I I think it the way I'm

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understanding the diagram, I don't think
you have uh an issue there.

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» Okay. Um, I do have
a question, I guess, and you may not

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know the answer to this, ma'am, but do
you know what the square footage of each

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unit is going to be?

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[Music]

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50.

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» The the issue we have while they're
figuring that out is for single family

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homes, you have a minimum of 800 ft.
>> According to

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» for two family
>> uh dwellings duplex, it's 700 ft. Um it

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doesn't have something in there for
multifamily.

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Uh
typically

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look at the multifamily zoning
designation

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» minimum is 700 square ft. So as long as
it's 700 square ft um there isn't an

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issue. But
>> I know unit one and two it's 25 ft by 40

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ft long. I could I could do the math
real quick. I I have a calculator here.

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» Um and then unit 3 would be 35 ft by 40
ft.

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» 35 by 40 be,000.
>> Yeah. So

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» the other one is bigger. So yeah, you're
good on both counts. Okay. So we checked

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all the boxes.
>> And then they would have a basement. I

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don't know if that counts as
part of this.

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» Okay.
>> I I don't think it does either unless

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you have egress. So um are you planning
on putting in egress

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» window? Um, we plan on to and maybe
plumbing for a future bathroom, but with

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the expense of it, it would just be
storage.

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» Okay.
>> It would have a window for evacuation if

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need be. But
>> well, then we won't count it as in that

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square footage, but you're over the the
minimum, so I think you're

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» okay.
>> Okay.

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Any questions from the board?

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And again, Keith, the only thing that I
saw was the meter everything.

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» U just want to clarify with you folks,
it's not a matter of what your what the

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current uh sanitary is, what shape it's
in. You'll have to have uh three sewer

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taps, three separate sewer taps and
three meters. We talked about that.

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» Yes. Okay. I don't know if there if you
were confused. There were conversation

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that hopefully we'll be able to hook
those up to that existing sewer, but

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there will be three one. Okay.

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» Any questions from the public?
How many parking spaces are allow

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allotted?
[Music]

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» According to this, there would be at
least six, but if you're 40 ft wide, you

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are you saying, Stephanie, the whole
front would be gravel,

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» I think. So, yeah, we would do the whole
front just to not have grass. And then

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we put that piece of grass so it
wouldn't count as,

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» you know, between the and back.
>> Yeah. For more window access for

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apartment two and three so they wouldn't
all be pushed together as well.

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And with the
set back in the back, you could easily

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without going on somebody else's
property to get in there to mow it. That

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would be the
>> Yes.

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» Yeah.
According to this, have you seen the

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pictures at all?
>> Here, do one first.

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» Thank you.
>> Yeah.

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» So, you're parking in front. You can
park two to three cars I would think in

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front of each unit.
>> And it can be gravel, right? It doesn't

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have to be asphalt or anything for the
>> cement parking spots.

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» Yeah.
>> Um I I'm not aware of that.

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» In town, it can be gravel.
>> Yeah.

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» She's talking about making it cement or
>> No, we wanted gravel.

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» It would be a little bit cheaper, but
>> that's what we have right now.

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» And our ours is a duplex. Henry Aguo was
the one that sold

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» with the owner from
>> Okay.

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» Are are you going to keep the existing
sidewalk on the east side or would that

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be replaced with the gravel
>> on the Jackson Street?

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» Yes.
>> Yes. It would have to be gravel cuz

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that's the way the cars would have to be
because the other one it's it's it's

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possible on North Street, but it's one
way.

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» So cars already park and I don't want to
cars already park on one side. I don't

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want to make it harder for people to
park. And there is a parking but I think

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that's for the all the buildings that
are downtown.

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» Is a sidewalk required?

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I know the new homes are construction
around,

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» right?
>> But in a new residence, you also have to

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provide a sidewalk.
>> But I guess I

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» You're not supposed to drive over the
sidewalk though, right?

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» Yes.
>> And I would hate to move my neighbor's

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fence. I don't want to be I don't want
my neighbors to be mad at me cuz when we

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measured it's less it's less property.
>> Yeah. And there was a survey done in our

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title says there's 80 ft, but when we
measure there isn't unless we go onto

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the sidewalk.
>> I don't know if that's makes any sense.

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» So this design
>> is based off,

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» just so we're clear,
this line here, this 25 includes the

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sidewalk.
No, you didn't. No,

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» no,
>> maybe more than 25 ft counting the

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sidewalk.
>> So, you should have more than enough.

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» You would still have enough room for a
sidewalk.

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» Yep.

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» But it would be like a divot sidewalk,
like a low sidewalk,

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so cars could cuz I don't want the town
to destroy their sidewalk if it's high.

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I don't know if that makes any sense.
>> Right. Well, I'm just thinking the one

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of the concerns is

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like if it was a garage, you pull into
it,

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» a small area.
>> Well, but the sidewalk is where

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essentially the curve cut is and you
cross over it to get to your garage. But

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if it's like a parking lot, wouldn't the
sidewalk go around the front of the

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cars,
which I'm not sure makes any sense. See

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what I'm saying?

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So that's
[Music]

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unless we just do gravel where the cars
would park. The rest could be grass, but

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then there would be three divots in the
sidewalk for the cars to pull in and

200
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out.
>> I to me it makes more sense to have more

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parking there. Like I don't disagree
with that. I just I'm not familiar with

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what our sidewalk requirements are.
>> I'm asking Austin now. Hopefully he'll

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» Okay.
>> So,

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» and we would be flexible.
>> That may be something that we have to

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work out because I'm not sure you're
asking. I'm not sure you guys have the

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authority to say,
>> you don't have to have a sidewalk there.

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Um, so that's just not an issue in front
of you and they may have to work that

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out between Keith and the street
department,

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but
Um, so you have in front of you the

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coverage issue. You have in front of you
special exception.

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» Do you have
at least two votes then or one vote?

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Just considering
>> I I think you can can make one vote

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approving the petition as submitted. Um,
we ought to ask Keith if uh has anybody

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made any call?
>> Nope. No calls either way.

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» Okay. Nothing in writing either. So, no
public comment here. I thought we might

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have some people here to to ask
questions at least. But

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um you know in terms of the zoning it's
a fairly

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our residential categories are fairly
restrictive but multifamily isn't

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necessarily out of character. You're
literally

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right next door to downtown where we
have all that mixeduse uh building. I

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don't I don't know that it's out of
character with the neighborhood, but um

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you have to look at those
um you know there's some additional

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criteria that are added into the use
variance. So if you want to just focus

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on one issue at a time on the coverage,
you know, you're looking at that general

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welfare, how are the adjacent properties
used? Um, practical difficulty is I

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think the one that most applications
struggle with that and unnecessary

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hardship. Um, and then I don't think
there's any issue with this in terms of

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the comprehensive plan. So, it's really
items three and four. Um,

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you know, the the problem, the practical
difficulty is

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you could still build on this property
and meet the zoning standard. You just

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can't build exactly what they're asking
for,

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» right? Um the next one is is there uh
unnecessary hardship? I I when it comes

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to the older lot designs in town, um
sometimes the shapes and things like

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that do impose I think some hardship.
We've had that issue come up. So that's

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something worth considering. Um

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00:19:19,679 --> 00:19:28,080
okay. Now, with that, uh, if there's no
other comments or concerns, uh, I will

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00:19:25,520 --> 00:19:33,520
entertain a motion. And I guess at this
point, why don't we, uh, approve the,

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uh,
seeking to build the applic.

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[Music]

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» So, you're going to make it two votes.
Well, I I'm just saying if you have any

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00:19:45,840 --> 00:19:52,160
discussion about how to whether this
meets that criteria, have that first and

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00:19:50,240 --> 00:19:57,520
then we'll switch over to the other one.
>> Yeah, I I don't see that the the 40 more

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than 40% coverage is
>> it's about 41. So, it's

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00:20:00,400 --> 00:20:04,160
» right
>> a little bit more, but the issue was the

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multihome more.
>> Yeah, sure.

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00:20:05,039 --> 00:20:12,799
» It's about 41%. Yeah.
>> Sure. Yeah. I don't see an issue with

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that. And then the trans we do have to
approve from an R six to

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residential
>> well it's a it's a special exception

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» special exception
>> so it is contemplated and and I mean I

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think that says something it's not not
the same scrutiny as a variance so

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» right
>> but does that have to be part of the

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00:20:35,360 --> 00:20:43,120
» I I think uh it will be spelled out
because I'm going to have to do written

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findings of fact on this one. But you
will I think you can approve if you're

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00:20:45,280 --> 00:20:51,360
going to approve the petition, you can
do it all in one consideration. We're

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00:20:48,640 --> 00:20:52,400
going to approve the petition in in one
sitting.

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00:20:51,919 --> 00:20:58,000
» Okay.
>> So you've got uh in this case the four

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main criteria still that general welfare
um the development standards

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um the ordinance intent and the
comprehensive plan. Um,

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00:21:07,600 --> 00:21:15,520
and
you know, I think the recommendation

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00:21:11,679 --> 00:21:20,799
there from Mr. Fra and I is, um, it
doesn't seem to be outside of the

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00:21:18,159 --> 00:21:24,880
general welfare of the community. Um, it
sounds like the development standards

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will still be met. Um, we've gone over
some of those here. I don't think it's

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outside the scope of the intent of the
ordinance. Um, I don't think that this

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00:21:31,440 --> 00:21:37,520
is uh I can't say it's contemplated
because it's here in a lot where there

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00:21:36,080 --> 00:21:42,480
used to be a house and it burned down.
We don't exactly count on that, but you

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00:21:39,919 --> 00:21:46,960
know, it I don't think it's outside the
scope of uh what the intent of the

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00:21:45,520 --> 00:21:53,080
ordinance is instead. I don't think it's
outside the scope of the comprehensive

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00:21:48,400 --> 00:21:53,080
plan either. So, okay.

269
00:21:53,600 --> 00:22:04,799
So, I will entertain a motion to approve
the request for the variance.

270
00:22:00,640 --> 00:22:08,320
Um, I move that we approve request uh
2025-10

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as written.
Second,

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00:22:11,520 --> 00:22:16,640
all in favor of I have a motion in a
second. All in favor signify by saying

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00:22:16,000 --> 00:22:24,000
I.
>> I post same sign. Motion granted.

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00:22:20,799 --> 00:22:29,200
» Okay. So, your petition has been
granted. Um, I do think Keith and Austin

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00:22:27,200 --> 00:22:33,039
Langden will get in touch with you to
talk about what to do with with the

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00:22:30,559 --> 00:22:35,360
sidewalk.
>> Thank you so much for your time.

277
00:22:34,240 --> 00:22:38,159
» Thank you.
>> Thank you.

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» All right. Second request tonight is
application 25-9

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00:22:40,720 --> 00:22:46,320
Alfredo Heads this time and similar lot
coverage.

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00:22:45,280 --> 00:22:50,559
» Wish everybody did that
>> of 40%.

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00:22:48,320 --> 00:22:55,600
And I think Keith had on here that there
were no concerns.

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00:22:53,120 --> 00:23:00,000
And would you like to go ahead and
explain what uh you've got going here on

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00:22:57,520 --> 00:23:05,760
the back end of the house there?
>> I'm son. Is that all right?

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00:23:02,799 --> 00:23:12,080
» Um my name's Adrian Himenez. Uh my dad
basically what he's trying to do is add

285
00:23:08,640 --> 00:23:19,600
a 12 by 14
little uh piece of just for a um dining

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00:23:17,120 --> 00:23:25,440
room addition. He does his kitchen is
fairly small and really no dining room.

287
00:23:22,320 --> 00:23:29,520
Um he's got a bunch of children and when
when we come over uh he doesn't have a

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00:23:28,080 --> 00:23:34,640
place for everybody to sit at the table
at the same time. So, he would just like

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00:23:31,360 --> 00:23:38,320
to do um that small addition.
>> Looks like the house to the uh east has

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00:23:36,640 --> 00:23:42,720
something similar off the back.
>> I saw that back end there.

291
00:23:40,640 --> 00:23:44,640
» Well, yeah, he owns that house. I
believe I believe it may be the one.

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00:23:44,320 --> 00:23:46,640
Yeah.
>> Okay.

293
00:23:45,039 --> 00:23:49,600
» They added something similar to that.
The same guy built the house.

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00:23:48,880 --> 00:23:52,799
» Sure. And
>> he built the smaller one and then he

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00:23:50,880 --> 00:23:57,760
built my dad lives in.
>> Okay. Okay.

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00:23:54,640 --> 00:24:00,480
» So, I don't have any drawing like they
did.

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00:23:58,240 --> 00:24:03,919
» No, that's fine. I I was I wondered
about the size is what I was really

298
00:24:02,240 --> 00:24:09,919
asking about on that. So
>> that should leave I believe still at

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00:24:06,720 --> 00:24:15,120
least 18 ft to the south uh property
line. So

300
00:24:11,840 --> 00:24:19,039
» yeah 18 20 ft something like that
community.

301
00:24:17,200 --> 00:24:23,679
» Yeah. I didn't think anything too big
there was going to because there's

302
00:24:21,120 --> 00:24:26,400
plenty of room back there
>> and we don't have to worry about line of

303
00:24:25,039 --> 00:24:27,520
sight or anything out of the back of the
house, do we?

304
00:24:27,120 --> 00:24:32,480
» No.
>> Yeah. And again, like I said, the House

305
00:24:29,600 --> 00:24:37,679
of the East has very similar same
>> same thing. So,

306
00:24:34,720 --> 00:24:39,600
» yeah, you're you're on that page 203
criteria for this one.

307
00:24:39,200 --> 00:24:43,200
» Mhm.
>> So,

308
00:24:40,159 --> 00:24:49,159
» okay. Any other public comments?
>> Nope.

309
00:24:43,760 --> 00:24:49,159
» Okay. Any board comments, concerns?

310
00:24:50,110 --> 00:24:54,240
[Music]
>> Keith, did you get anything on this one?

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00:24:53,520 --> 00:24:57,840
» Nothing.
>> Yeah.

312
00:24:56,320 --> 00:25:01,760
No calls, no letters.
>> Okay.

313
00:25:00,080 --> 00:25:04,640
» Okay.
If there's no other questions or

314
00:25:03,120 --> 00:25:10,240
concerns, I'll entertain a motion to
approve application 25

315
00:25:08,640 --> 00:25:14,799
09.
Uh again, the variance

316
00:25:12,880 --> 00:25:19,039
uh to add a lot coverage of more than
aotted 40%.

317
00:25:16,720 --> 00:25:21,039
» I move that we approve the application
as written.

318
00:25:20,159 --> 00:25:27,440
» I second it,
>> clerk, Mr. Javier. And with that, all in

319
00:25:25,360 --> 00:25:32,159
favor signify by saying I
>> I post same sign.

320
00:25:30,640 --> 00:25:34,960
Good.
Any other business this evening?

321
00:25:33,520 --> 00:25:39,039
» Uh, no. I
>> have no other business. I'll entertain a

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00:25:36,480 --> 00:25:42,159
motion to adjurnn.
>> I Javier gets that one. Jeff gets a

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00:25:41,279 --> 00:25:46,320
second.
>> We have a motion, a second. All in favor

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00:25:44,000 --> 00:25:50,480
of adjourning signify by saying I.
>> I.

325
00:25:48,240 --> 00:25:55,279
Meeting journ.
>> Thanks. Tony, you want to keep this?

326
00:25:53,200 --> 00:25:58,080
» I Yeah, I would say let's collect those.
>> All right, I'm gonna keep

327
00:25:56,960 --> 00:26:02,000
» I don't want to get any special
treatment from my cousin over here.

328
00:25:59,440 --> 00:26:06,960
» No, no.
>> Okay. Oh, as far as

329
00:26:04,720 --> 00:26:08,880
» Sorry.
>> Shut her down

330
00:26:07,760 --> 00:26:13,840
» here.
>> So, to submit that to the county again,

331
00:26:11,120 --> 00:26:17,120
the CD proof letter or they will just
contact you guys.

332
00:26:16,400 --> 00:26:20,720
put together.
>> We've never done this before, so we

333
00:26:18,400 --> 00:26:25,760
don't know what what to expect.
>> Before before uh Mr. Wagner leaves, he

334
00:26:23,600 --> 00:26:28,640
puts down some notes on it and we let
the county know that it's been approved.

335
00:26:27,279 --> 00:26:32,240
» Okay. So,
>> you'll get your permits from the county,

336
00:26:30,640 --> 00:26:34,080
» right? Okay. Let them know it's been
approved.

337
00:26:32,720 --> 00:26:38,320
» Do we have to wait a certain amount of
time before all that gets

338
00:26:35,440 --> 00:26:41,760
» No, if they don't have it, they'll call
and say, "Hey, did you guys Okay.

339
00:26:40,000 --> 00:26:44,400
» And we'll say, "Yes, we did." And we'll
we'll scan it, send it to them. But

340
00:26:43,120 --> 00:26:47,200
they'll have it.
>> Thank you. We're new at this so I don't

341
00:26:45,760 --> 00:26:49,360
» get your hammers and nails going.
>> All right. Well, thank you. Thank you

342
00:26:48,799 --> 00:26:55,279
guys.
>> I think he gets her done. You know, he

343
00:26:51,840 --> 00:27:01,200
gets the same packets and those are for
>> Would you Do you guys want like we could

344
00:26:58,240 --> 00:27:06,039
always tell Tara to print a copy of the
packet and have one waiting here for

345
00:27:03,039 --> 00:27:06,039
you?

346
00:27:06,320 --> 00:27:12,080
» It didn't stream it. that were in the
meeting. If you like to flip through