[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

7-21-2025 BZA Meeting

Transcript