[0:00] Thanks.
>> I'm sorry. I'm
[0:05] [Music]
Well, we're recording.
[0:28] We did all that.
[Music]
[0:33] » I think I'd go back to the ex select
existing broadcast
[0:42] start.
[Music]
[0:54] This is the one.
Apologies folks. This is new.
[1:05] [Music]
[1:12] Then what we did was minimize this. You
won't even minimize it.
[1:17] » Well, but you got a you've got a a
notice up there.
[1:25] But it should be coming across here,
Tony. That's what I'm saying.
[1:33] [Music]
We are recording though.
[1:37] » Okay. So, is if we're recording, I think
as long as we can upload it later, that
[1:42] still counts.
>> It's recording to the laptop.
[1:46] » Yes. When we have a
>> Okay.
[1:52] [Music]
Okay. As long as you're sure it's
[1:55] recording, then
>> said it was.
[2:02] [Music]
[2:06] » All right, we will bring the call to
order the Bream Board of Zoning Appeals
[2:10] on Monday, July 21st.
And we've all received the minutes of
[2:15] the previous meeting dated June 24th,
2025. Are there any additions or
[2:20] corrections? Yes, I have three
corrections to the minutes. Under uh
[2:26] petition 06,
the third line from the bottom should
[2:31] read, "But no one appeared in favor of
or in opposition."
[2:35] It currently reads, "But one appeared."
>> Okay.
[2:40] » Then in petition 08,
the fourth line should read, "Mr. heater
[2:47] stated that the building would only be
for storage.
[2:51] It currently says Mr. Heater that
[2:57] and then the line above that says that
Mr. Heater's residence is 404 South
[3:04] Whitlock and the out building is 412.
Those are reversed. Okay. His residence
[3:08] is 412, the out building is 404.
>> Okay. So those corrections, I move to
[3:15] approve the minutes.
>> Okay, Mr. Clark approves.
[3:21] » We have a second.
>> I'll be your second. All in favor of the
[3:24] minutes being approved with the three
corrections signify by saying I.
[3:27] » I.
>> I. Those same sign. Minutes are
[3:31] approved. Do you want me to sign this
corrected one or will there?
[3:34] » We'll get you a fresh Actually though
the second page.
[3:37] » Yeah.
>> Is there anything on the second page?
[3:39] Sign that one and we'll get a new fresh.
Got it. So,
[3:51] okay. Before us tonight, we've got
application 25-9, which is Alfredo
[3:56] Gimenez at 124 West Grant requesting a
variance to add lot coverage to more
[4:03] than the allotted 40%.
Um,
[4:08] we've all received the notice of
information here. Um,
[4:16] Mr. Gimenez, are you here to uh 124? Do
you want to give us exactly what you're
[4:22] doing with
>> Excuse me, Mike. I'm sorry to interrupt.
[4:24] » These folks ask if they could go first.
They have a a little boy that
[4:28] » Okay. Can we do that?
>> If we could.
[4:31] » Number 10.
>> Uh, yeah. You folks don't mind if we
[4:37] come back around.
>> Okay. All right. We'll reverse the order
[4:40] then. Application 25-10,
which is Stephanie Cerna.
[4:45] » Yes.
>> Okay. And you live at 115 West North and
[4:49] you got a property at 121 North Jackson
seeking to build a triplex
[4:54] with more than 40% coverage. And again,
hopefully everybody has received that.
[5:00] So, there's actually a couple things
going on here with this one. Um, the 40%
[5:07] coverage,
uh, is true, but if you look at the
[5:13] packet that I gave you, um,
no, I'm sorry. I I should tell you this.
[5:20] It's zoned R six residential and
multifamily is a special use.
[5:26] So uh if you recall we have permitted
uses meaning you don't have to ask
[5:31] permission to do anything special uses
you do have to get permission and then
[5:34] you have variances which is something
that the the ordinance doesn't
[5:38] contemplate already. So the lot coverage
is one thing. Um were there setback
[5:46] variances or anything in this?
>> I believe so. Okay. So we need to
[5:49] discuss those because those actually
aren't on the notice. Um, but then you
[5:54] also need to consider the special use
exemption for having three units on
[6:00] there instead of one or two. So, I just
want to make that clear from the get-go.
[6:06] And then in the packet that I
distributed, uh, just it's those
[6:09] condensed pages from the BCA chapter,
the zoning ordinance. Um the
[6:15] first page is the use variances which
would govern the uh I believe that 40%
[6:23] coverage but then the second page has
the special uses and then the additional
[6:30] considerations you have uh those
additional criteria. So basically uh
[6:35] that page 204 has all of the uh special
uses. So you're going to be dipping from
[6:41] one page Got it. And then moving over to
the other one
[6:46] would be use variances also, right?
>> Yes. Yes.
[6:53] » Okay.
With that in mind for the board, you
[6:57] want to give us an explanation of what
we've got going here, Steph.
[7:01] » Um, yes. My husband drew up a little
plan. I don't know if it's in front of
[7:04] you.
>> Um, so our lot measures
[7:08] 123 feet by 80. There was a survey done.
We we haven't found it when the house
[7:14] burn down. Um but we went off the
Marshall County building uh the Marshall
[7:19] County Beacon website to measure and um
we would build a basement, but they
[7:24] didn't say to put those specifications
on those. It would just be one story,
[7:29] one story all across. It would be um
three buildings and then we would have
[7:35] two together and then we'd have a garage
dividing
[7:39] the third one but it would all be one
building connecting.
[7:43] » So you meant three units, not three
separate buildings.
[7:46] » Yes. One whole unit. I just want to make
sure I understand.
[7:49] » Yes. They would all be together.
>> All together.
[7:52] » All together. And then we did provide
parking for the other two that don't
[7:58] have a garage in the front. Um, so there
would be 25 ft in the front covered with
[8:05] gravel. Um,
[8:10] I don't know what else. Um, but they did
say we would have to have like
[8:16] » parking and then if we wanted to do
three and they would each have their own
[8:22] meter which had their own cost and also
the sewer would have to be tapped in
[8:26] three depending on the condition of the
existing one. Um, if not they'd all be
[8:33] three.
[Music]
[8:37] There is one.
>> Did Ter give give you guys the copy of
[8:40] the diagrams she's talking about?
>> Yes.
[8:42] » Okay. Paints a nice picture so
>> and and it looks like the setbacks are
[8:47] actually okay.
>> Are they okay?
[8:49] » Um it's 25 ft front yard and it's
technically not a yard if it's parking,
[8:54] but it is 25 ft from it looks like the
the rideway. Um, and then 15 ft rear and
[9:05] 5 yard for the uh or 5 ft for the uh
sides.
[9:10] » So, we got enough on each side now.
>> So, I I think it the way I'm
[9:14] understanding the diagram, I don't think
you have uh an issue there.
[9:18] » Okay. Um, I do have
a question, I guess, and you may not
[9:24] know the answer to this, ma'am, but do
you know what the square footage of each
[9:29] unit is going to be?
[9:33] [Music]
[9:46] 50.
[9:51] » The the issue we have while they're
figuring that out is for single family
[9:57] homes, you have a minimum of 800 ft.
>> According to
[10:01] » for two family
>> uh dwellings duplex, it's 700 ft. Um it
[10:08] doesn't have something in there for
multifamily.
[10:13] Uh
typically
[10:16] look at the multifamily zoning
designation
[10:20] » minimum is 700 square ft. So as long as
it's 700 square ft um there isn't an
[10:26] issue. But
>> I know unit one and two it's 25 ft by 40
[10:31] ft long. I could I could do the math
real quick. I I have a calculator here.
[10:36] » Um and then unit 3 would be 35 ft by 40
ft.
[10:42] » 35 by 40 be,000.
>> Yeah. So
[10:45] » the other one is bigger. So yeah, you're
good on both counts. Okay. So we checked
[10:49] all the boxes.
>> And then they would have a basement. I
[10:51] don't know if that counts as
part of this.
[10:54] » Okay.
>> I I don't think it does either unless
[10:56] you have egress. So um are you planning
on putting in egress
[11:01] » window? Um, we plan on to and maybe
plumbing for a future bathroom, but with
[11:07] the expense of it, it would just be
storage.
[11:10] » Okay.
>> It would have a window for evacuation if
[11:12] need be. But
>> well, then we won't count it as in that
[11:15] square footage, but you're over the the
minimum, so I think you're
[11:19] » okay.
>> Okay.
[11:22] Any questions from the board?
[11:29] And again, Keith, the only thing that I
saw was the meter everything.
[11:33] » U just want to clarify with you folks,
it's not a matter of what your what the
[11:38] current uh sanitary is, what shape it's
in. You'll have to have uh three sewer
[11:45] taps, three separate sewer taps and
three meters. We talked about that.
[11:49] » Yes. Okay. I don't know if there if you
were confused. There were conversation
[11:52] that hopefully we'll be able to hook
those up to that existing sewer, but
[11:57] there will be three one. Okay.
[12:10] » Any questions from the public?
How many parking spaces are allow
[12:15] allotted?
[Music]
[12:18] » According to this, there would be at
least six, but if you're 40 ft wide, you
[12:22] are you saying, Stephanie, the whole
front would be gravel,
[12:25] » I think. So, yeah, we would do the whole
front just to not have grass. And then
[12:30] we put that piece of grass so it
wouldn't count as,
[12:33] » you know, between the and back.
>> Yeah. For more window access for
[12:37] apartment two and three so they wouldn't
all be pushed together as well.
[12:43] And with the
set back in the back, you could easily
[12:49] without going on somebody else's
property to get in there to mow it. That
[12:52] would be the
>> Yes.
[12:54] » Yeah.
According to this, have you seen the
[12:58] pictures at all?
>> Here, do one first.
[13:01] » Thank you.
>> Yeah.
[13:05] » So, you're parking in front. You can
park two to three cars I would think in
[13:09] front of each unit.
>> And it can be gravel, right? It doesn't
[13:13] have to be asphalt or anything for the
>> cement parking spots.
[13:17] » Yeah.
>> Um I I'm not aware of that.
[13:19] » In town, it can be gravel.
>> Yeah.
[13:22] » She's talking about making it cement or
>> No, we wanted gravel.
[13:25] » It would be a little bit cheaper, but
>> that's what we have right now.
[13:30] » And our ours is a duplex. Henry Aguo was
the one that sold
[13:34] » with the owner from
>> Okay.
[13:42] » Are are you going to keep the existing
sidewalk on the east side or would that
[13:48] be replaced with the gravel
>> on the Jackson Street?
[13:52] » Yes.
>> Yes. It would have to be gravel cuz
[13:54] that's the way the cars would have to be
because the other one it's it's it's
[13:59] possible on North Street, but it's one
way.
[14:03] » So cars already park and I don't want to
cars already park on one side. I don't
[14:08] want to make it harder for people to
park. And there is a parking but I think
[14:14] that's for the all the buildings that
are downtown.
[14:18] » Is a sidewalk required?
[14:24] I know the new homes are construction
around,
[14:26] » right?
>> But in a new residence, you also have to
[14:29] provide a sidewalk.
>> But I guess I
[14:36] » You're not supposed to drive over the
sidewalk though, right?
[14:38] » Yes.
>> And I would hate to move my neighbor's
[14:42] fence. I don't want to be I don't want
my neighbors to be mad at me cuz when we
[14:46] measured it's less it's less property.
>> Yeah. And there was a survey done in our
[14:51] title says there's 80 ft, but when we
measure there isn't unless we go onto
[14:56] the sidewalk.
>> I don't know if that's makes any sense.
[15:01] » So this design
>> is based off,
[15:04] » just so we're clear,
this line here, this 25 includes the
[15:10] sidewalk.
No, you didn't. No,
[15:13] » no,
>> maybe more than 25 ft counting the
[15:18] sidewalk.
>> So, you should have more than enough.
[15:21] » You would still have enough room for a
sidewalk.
[15:23] » Yep.
[15:28] » But it would be like a divot sidewalk,
like a low sidewalk,
[15:33] so cars could cuz I don't want the town
to destroy their sidewalk if it's high.
[15:38] I don't know if that makes any sense.
>> Right. Well, I'm just thinking the one
[15:43] of the concerns is
[15:48] like if it was a garage, you pull into
it,
[15:52] » a small area.
>> Well, but the sidewalk is where
[15:56] essentially the curve cut is and you
cross over it to get to your garage. But
[16:00] if it's like a parking lot, wouldn't the
sidewalk go around the front of the
[16:04] cars,
which I'm not sure makes any sense. See
[16:08] what I'm saying?
[16:11] So that's
[Music]
[16:19] unless we just do gravel where the cars
would park. The rest could be grass, but
[16:26] then there would be three divots in the
sidewalk for the cars to pull in and
[16:32] out.
>> I to me it makes more sense to have more
[16:35] parking there. Like I don't disagree
with that. I just I'm not familiar with
[16:40] what our sidewalk requirements are.
>> I'm asking Austin now. Hopefully he'll
[16:44] » Okay.
>> So,
[16:47] » and we would be flexible.
>> That may be something that we have to
[16:50] work out because I'm not sure you're
asking. I'm not sure you guys have the
[16:54] authority to say,
>> you don't have to have a sidewalk there.
[16:58] Um, so that's just not an issue in front
of you and they may have to work that
[17:02] out between Keith and the street
department,
[17:05] but
Um, so you have in front of you the
[17:09] coverage issue. You have in front of you
special exception.
[17:16] » Do you have
at least two votes then or one vote?
[17:23] Just considering
>> I I think you can can make one vote
[17:27] approving the petition as submitted. Um,
we ought to ask Keith if uh has anybody
[17:34] made any call?
>> Nope. No calls either way.
[17:38] » Okay. Nothing in writing either. So, no
public comment here. I thought we might
[17:42] have some people here to to ask
questions at least. But
[17:47] um you know in terms of the zoning it's
a fairly
[17:54] our residential categories are fairly
restrictive but multifamily isn't
[17:59] necessarily out of character. You're
literally
[18:02] right next door to downtown where we
have all that mixeduse uh building. I
[18:06] don't I don't know that it's out of
character with the neighborhood, but um
[18:10] you have to look at those
um you know there's some additional
[18:16] criteria that are added into the use
variance. So if you want to just focus
[18:21] on one issue at a time on the coverage,
you know, you're looking at that general
[18:26] welfare, how are the adjacent properties
used? Um, practical difficulty is I
[18:31] think the one that most applications
struggle with that and unnecessary
[18:35] hardship. Um, and then I don't think
there's any issue with this in terms of
[18:40] the comprehensive plan. So, it's really
items three and four. Um,
[18:46] you know, the the problem, the practical
difficulty is
[18:51] you could still build on this property
and meet the zoning standard. You just
[18:55] can't build exactly what they're asking
for,
[18:57] » right? Um the next one is is there uh
unnecessary hardship? I I when it comes
[19:03] to the older lot designs in town, um
sometimes the shapes and things like
[19:08] that do impose I think some hardship.
We've had that issue come up. So that's
[19:12] something worth considering. Um
[19:19] okay. Now, with that, uh, if there's no
other comments or concerns, uh, I will
[19:25] entertain a motion. And I guess at this
point, why don't we, uh, approve the,
[19:31] uh,
seeking to build the applic.
[19:35] [Music]
[19:40] » So, you're going to make it two votes.
Well, I I'm just saying if you have any
[19:45] discussion about how to whether this
meets that criteria, have that first and
[19:50] then we'll switch over to the other one.
>> Yeah, I I don't see that the the 40 more
[19:55] than 40% coverage is
>> it's about 41. So, it's
[20:00] » right
>> a little bit more, but the issue was the
[20:02] multihome more.
>> Yeah, sure.
[20:05] » It's about 41%. Yeah.
>> Sure. Yeah. I don't see an issue with
[20:08] that. And then the trans we do have to
approve from an R six to
[20:15] residential
>> well it's a it's a special exception
[20:20] » special exception
>> so it is contemplated and and I mean I
[20:23] think that says something it's not not
the same scrutiny as a variance so
[20:28] » right
>> but does that have to be part of the
[20:35] » I I think uh it will be spelled out
because I'm going to have to do written
[20:39] findings of fact on this one. But you
will I think you can approve if you're
[20:45] going to approve the petition, you can
do it all in one consideration. We're
[20:48] going to approve the petition in in one
sitting.
[20:51] » Okay.
>> So you've got uh in this case the four
[20:54] main criteria still that general welfare
um the development standards
[21:00] um the ordinance intent and the
comprehensive plan. Um,
[21:07] and
you know, I think the recommendation
[21:11] there from Mr. Fra and I is, um, it
doesn't seem to be outside of the
[21:18] general welfare of the community. Um, it
sounds like the development standards
[21:22] will still be met. Um, we've gone over
some of those here. I don't think it's
[21:26] outside the scope of the intent of the
ordinance. Um, I don't think that this
[21:31] is uh I can't say it's contemplated
because it's here in a lot where there
[21:36] used to be a house and it burned down.
We don't exactly count on that, but you
[21:39] know, it I don't think it's outside the
scope of uh what the intent of the
[21:45] ordinance is instead. I don't think it's
outside the scope of the comprehensive
[21:48] plan either. So, okay.
[21:53] So, I will entertain a motion to approve
the request for the variance.
[22:00] Um, I move that we approve request uh
2025-10
[22:06] as written.
Second,
[22:11] all in favor of I have a motion in a
second. All in favor signify by saying
[22:16] I.
>> I post same sign. Motion granted.
[22:20] » Okay. So, your petition has been
granted. Um, I do think Keith and Austin
[22:27] Langden will get in touch with you to
talk about what to do with with the
[22:30] sidewalk.
>> Thank you so much for your time.
[22:34] » Thank you.
>> Thank you.
[22:36] » All right. Second request tonight is
application 25-9
[22:40] Alfredo Heads this time and similar lot
coverage.
[22:45] » Wish everybody did that
>> of 40%.
[22:48] And I think Keith had on here that there
were no concerns.
[22:53] And would you like to go ahead and
explain what uh you've got going here on
[22:57] the back end of the house there?
>> I'm son. Is that all right?
[23:02] » Um my name's Adrian Himenez. Uh my dad
basically what he's trying to do is add
[23:08] a 12 by 14
little uh piece of just for a um dining
[23:17] room addition. He does his kitchen is
fairly small and really no dining room.
[23:22] Um he's got a bunch of children and when
when we come over uh he doesn't have a
[23:28] place for everybody to sit at the table
at the same time. So, he would just like
[23:31] to do um that small addition.
>> Looks like the house to the uh east has
[23:36] something similar off the back.
>> I saw that back end there.
[23:40] » Well, yeah, he owns that house. I
believe I believe it may be the one.
[23:44] Yeah.
>> Okay.
[23:45] » They added something similar to that.
The same guy built the house.
[23:48] » Sure. And
>> he built the smaller one and then he
[23:50] built my dad lives in.
>> Okay. Okay.
[23:54] » So, I don't have any drawing like they
did.
[23:58] » No, that's fine. I I was I wondered
about the size is what I was really
[24:02] asking about on that. So
>> that should leave I believe still at
[24:06] least 18 ft to the south uh property
line. So
[24:11] » yeah 18 20 ft something like that
community.
[24:17] » Yeah. I didn't think anything too big
there was going to because there's
[24:21] plenty of room back there
>> and we don't have to worry about line of
[24:25] sight or anything out of the back of the
house, do we?
[24:27] » No.
>> Yeah. And again, like I said, the House
[24:29] of the East has very similar same
>> same thing. So,
[24:34] » yeah, you're you're on that page 203
criteria for this one.
[24:39] » Mhm.
>> So,
[24:40] » okay. Any other public comments?
>> Nope.
[24:43] » Okay. Any board comments, concerns?
[24:50] [Music]
>> Keith, did you get anything on this one?
[24:53] » Nothing.
>> Yeah.
[24:56] No calls, no letters.
>> Okay.
[25:00] » Okay.
If there's no other questions or
[25:03] concerns, I'll entertain a motion to
approve application 25
[25:08] 09.
Uh again, the variance
[25:12] uh to add a lot coverage of more than
aotted 40%.
[25:16] » I move that we approve the application
as written.
[25:20] » I second it,
>> clerk, Mr. Javier. And with that, all in
[25:25] favor signify by saying I
>> I post same sign.
[25:30] Good.
Any other business this evening?
[25:33] » Uh, no. I
>> have no other business. I'll entertain a
[25:36] motion to adjurnn.
>> I Javier gets that one. Jeff gets a
[25:41] second.
>> We have a motion, a second. All in favor
[25:44] of adjourning signify by saying I.
>> I.
[25:48] Meeting journ.
>> Thanks. Tony, you want to keep this?
[25:53] » I Yeah, I would say let's collect those.
>> All right, I'm gonna keep
[25:56] » I don't want to get any special
treatment from my cousin over here.
[25:59] » No, no.
>> Okay. Oh, as far as
[26:04] » Sorry.
>> Shut her down
[26:07] » here.
>> So, to submit that to the county again,
[26:11] the CD proof letter or they will just
contact you guys.
[26:16] put together.
>> We've never done this before, so we
[26:18] don't know what what to expect.
>> Before before uh Mr. Wagner leaves, he
[26:23] puts down some notes on it and we let
the county know that it's been approved.
[26:27] » Okay. So,
>> you'll get your permits from the county,
[26:30] » right? Okay. Let them know it's been
approved.
[26:32] » Do we have to wait a certain amount of
time before all that gets
[26:35] » No, if they don't have it, they'll call
and say, "Hey, did you guys Okay.
[26:40] » And we'll say, "Yes, we did." And we'll
we'll scan it, send it to them. But
[26:43] they'll have it.
>> Thank you. We're new at this so I don't
[26:45] » get your hammers and nails going.
>> All right. Well, thank you. Thank you
[26:48] guys.
>> I think he gets her done. You know, he
[26:51] gets the same packets and those are for
>> Would you Do you guys want like we could
[26:58] always tell Tara to print a copy of the
packet and have one waiting here for
[27:03] you?
[27:06] » It didn't stream it. that were in the
meeting. If you like to flip through