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All

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right, good morning everyone. We do have
9:00 a.m. as you just heard. We're now

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recording. So, this hearing this hearing
is now in session. My name is Carl

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Granth. Uh I am the hearing examiner for
the city of Spokane and I also serve as

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the hearing examiner prom for Medical
Lake. Uh my assistant is Kimberly

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McIntyre. She's going to be acting as a
clerk for today's hearing. And um again,

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just to reiterate, uh the hearing is
being

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recorded. For the record, today is
Wednesday, May 14th, 2025. It's about

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9:00 a.m. We are located in the Medical
Lake City Hall.

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The item scheduled to be heard at this
time is a variance application with file

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number
LU2024-032 VA by Fox Ridge Homeowners

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Association to construct a monument sign
in the center medium of the North Fox

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Ridge Road rideway located at the
intersection of North Graham Road and

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North Fox Ridge Road in Medical Lake,
Washington in the single family

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residential zone. Uh so to start with a
summary of our process, uh we're going

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to start with a staff report. um uh from
the planner for the city of med medical

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lake uh Miss Eliza Rodriguez and so
we'll provide an overview of the project

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and also context for further discussion
and public comment and I'll be asking

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questions during that portion as well.
Uh next we'll have testimony from the

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applicant uh who is Mr. Carl Mson on
behalf of the Fox Ridge Homeowners

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Association uh along with any other
witnesses that the applicant wants to

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call along with their presentation. Um
then we'll move to our public testimony

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portion of today's hearing. Uh and when
we get there, um we'll we'll go in the

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the list that everyone signed up. I
prioritize people who show up in person

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and then we'll move to anyone who may be
connected via Zoom. Uh I'm going to

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allow up to five minutes for each
person. Uh but I will do a hard stop at

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the five minutes. I I have some
discretion about how long to give for

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public comment. Um, based on the size of
of the crowd, I think five minutes um is

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plenty. It usually ranges from three to
five minutes. So, I'll allow you up to

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five minutes, but I will put a hard stop
in your testimony at 5

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minutes. Um, following public testimony,
uh, both, uh, city staff and the

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applicant will have an opportunity to
provide rebuttal testimony, answer

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questions, address concerns, anything
they so wish. Um, and at the conclusion

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of the meeting, as always, the final
word goes to the applicant.

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So, um, a couple other preliminary
matters. I did conduct a site visit this

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morning on our way, uh, here to city
hall. Um, I'm generally familiar with

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the project and its surroundings. I have
reviewed the file. It's on staff or that

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the staff provided uh, that's part of
the record. So, I am generally familiar

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with the proposal and the project site.
My decisions are in writing, so they're

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not going to be made at this hearing.
Um, under the ordinance, I have 14

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calendar days on which to complete my
decision.

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My decisions on variances are final
unless they are appealed uh to the

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medical lake city council. A written
appeal to the hearing examiner's

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decision must be filed to the city
medical lake to 10 working days from the

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date of hearing um or for the date of my
final decision and that information will

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be in my decision as well. So, uh looks
like we have about a dozen members of

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the public here today. Um, so I'll go
over some of these procedures again, but

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I'm going to have you uh state your name
and address when you come up and I'll

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have you swear an oath uh before you
provide

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testimony. Um, other than that, do we
have any other questions or

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administrative concerns before we begin?
No.

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Okay. All right. Uh, let's proceed with
the over overview by the planning

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department. Mr. Rodriguez.

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Okay. So, I'm going to summarize the
staff report that was re received by our

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hearings officer and there was a copy at
the entrance if anyone picked it up.

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Um, sorry, is the clipper working today
or

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Um, Mr. Grandmath just went over the
process um, from this day forward. So, I

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will just back up a little bit. This
application was submitted on December

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20th, deemed complete on January 17th.
Um, the applicant asked to place a hold

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on the application at that time because
he was going to be out of the country

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for a bit. So, he came back and took the
the application off hold March 13th. Um,

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and then we arranged for this hearing
and he mailed the notice of application

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to all property owners within 300 ft of
the site, posted a sign on the site, and

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published a notice of the public hearing
in the Cheney Free Press. The comments

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period closed on May 7th, last
Wednesday. And here we are at the the

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public

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hearing. One of these days this thing's
going to work, but not

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today. Okay. the vicinity map. Uh the
red circle represents the intersection

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of North Graham Road and Fox Ridge Road,
which is the first intersection for the

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Fox Ridge and Fox South subdivisions uh
heading from the south from uh Highway

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902. Next,
please. Um this is a zoom in on the

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site. We have this the the property
lines from the scout website. We have an

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aerial where you can see the road, the
street that's in question um has a grass

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median in the center and on the right is
the recorded plat which is difficult to

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read at the scale. Um, and I have
another slide where it's zoomed in a

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bit, but essentially we are dealing with
an 80 foot ride ofway for that first

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block and the block is about 145 ft.
Next slide. Uh, so this is a photo of

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the site looking straight on standing
across Graham looking at North Fox

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Road. Uh, there's the median in the
center. It's approximately 10 feet wide.

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We have five foot sidewalks on each side
and uh the the grass and trees the

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landscaping on either side are in the
public rightway. The edge of rightway is

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the fence line or essentially so on this
site. Next slide. This is taken um from

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from the north
looking southeast generally at the

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intersection. So you can see the median
and the curb stop line. The actual um

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Graham Road is still a little further.
It's out of the picture. So from the tip

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of that median to the intersection of
Graham Road, it's a little over 30 feet.

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From the tip of the median to that stop
bar is 12 to 15 feet.

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So the applicant is requesting a
variance to allow a subdivision entrance

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monument sign to be allowed in the
public right ofway. Our municipal code

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states that they should be located on
private

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property. Uh if you could go back one
slide please. Um, so the image on the

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right shows the Foxbridgeidge monument
sign that's being proposed and on the

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left is the site plan showing the sign
the monument sign in the median towards

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the west end of the median. And I want
to point out at this time that the

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applicant in the proposal had two
pillars on either side of the street um

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as part of the drawings. Those are not
being reviewed in this because they are

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not signs. They will require a permit
from our public works department to be

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built in the public right of way but our
code our municipal code does not speak

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to that directly. Um so we are only
looking at the sign the in the median

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today. Next slide please. So the
approval criteria. Um, so I just want to

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take a moment. I know um from citizens
that have come in to speak with me on

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phones that there's some contention in
the neighborhood um between the

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residents and the homeowners
association. And I just want it to be

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clear that this decision is based on the
approval criteria that is spelled out in

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our municipal code. And it is not um a
vote of the people. And

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um there if this variance is approved,
it is not mandatory that this monument

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sign is built that is still up to the
homeowners association. So this um

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variance if it is approved simply gives
the right for um the homeowners

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association to apply for a public works
permit and building permit in order to

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um construct this this site. So um the
approval criteria which is

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um complete in the staff report here
I've

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summarized number one the variance does
not constitute the granting of a special

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privilege inconsistent with the
limitations upon other

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properties. Number two strict
application of the zoning code is found

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to deprive the property of rights and
privileges enjoyed by other properties.

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And three, granting the variance will
not be detrimental to the public welfare

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or injurous to property or improvements
in the

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vicinity. So to describe, we saw the
photos earlier, but this sign is being

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proposed in the rightway of North Fox
Ridge Road, which is the first entrance

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for the Fox Ridge and Fox Ridge South
subdivisions. When arriving from the

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south, the Fox Ridge Road has an 80 foot
rideway at its entrance. There's a 10

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foot wide median in the center uh 32
feet back from the intersection. The

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site is surrounded by single family
houses to the southeast and north with a

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vacant property across Graham Road that
is zone commercial. Um and as far as

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other subdivision entry signs in the
city, we have two other um entry signs

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that are boulders with the inscription
uh on them.

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Uh, and both of those are located on
private property, not in the

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rightway. So, this is a closer um
depiction of the recorded plat. And the

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red circles show the rightway width. So,
the entry is an 80 foot rideway, 40t on

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each side from center, and the two other
circles show 25 feet for each side,

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therefore 50 foot rideways. Um and that
is consistent throughout this shows

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south Fox South, but it is consistent
through Fox Ridge. Um there's three

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entrances, all of them are 80 ft and um
the rest of the subdivision has 50

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foot rightways.

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So, something that I find unusual about
this particular plat because this is a

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recorded plat is that these yellow areas
um labeled on the plat say 10-ft

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landscape area. I find this unusual
because um it's in the public rightway

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and I honestly haven't seen that on a
plat before. uh flats often time have

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tracks uh that will be commonly owned or
they will have easements on um

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individual lots for the purpose of um
signage or landscaping. In this

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instance, u there are these noted
landscape areas to either side, but as

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you can see in the photo on the right,
what got built, um we do have the

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landscaping on the sides, but we also
have the median, which I found no um

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documentation regarding this median and
how it came about. So the next slide um

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this is not perfect but basically I
overlide overlaid the plat and the

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aerial to show um that it's pretty close
maybe not exact but pretty close the

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planting areas on either side behind the
sidewalk do match pretty well the um the

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landscaping that exists and then that
median in the middle um it would not

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typically be shown on a plat so it's
just right away. So, I would not expect

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it to be there, but it is what got
built. Next

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slide. Comments I received, uh, the
Medical Lake Public Works Department

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reviewed the plans and is not concerned
about the proposed location or size of

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the
monument. Um, I received three written

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comments. Popsmith sent an email
expressing concerns of safety when it's

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slippery, noting that um when we have
snow, that intersection he considers to

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be dangerous and folks might slide
towards the median. Uh Ted Adams

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expressed discontent with how the HOA is
spending their money and told Ted Olsen

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submitted a petition with signatures of
area residents opposing the

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sign. the findings. To summarize, you
can see the complete si findings in the

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staff report, but to summarize,
um the medical a municipal code allows

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any subdivision to have an entry sign as
long as it's not taller than six feet

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and it's located outside of the
rightway.

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Uh, in this particular instance, the
ride ofway for North Fox Ridge is 30

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foot wider at the entrance and there's
no private property or easements that

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were set aside for landscaping, leaving
only the public right away for

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landscaping or
signage. And so um doing research in the

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preliminary plat I was unable to locate
the final plat file um to see if there

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is any discussion for instance of the
median that was developed um but I could

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only go on what was provided in our
preliminary plat file and there's very

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limited information regarding the
entrance and the landscaping. It was

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noted that um there would be entrance
landscaping but past that there wasn't

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any information
But based on the fact that they made

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this rightway larger, I think it is
possible that they did that in order to

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provide for the landscaping. And then
um it would also provide for a landscape

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monument, although that was also never
mentioned in any of the written

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documentation I could find in our
preliminary plat file. Um and finally,

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the proposed sign being in the median
quite a distance back from the

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intersection does not impede visual
clearance for

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traffic. Uh the recommendation is that
the variance to locate the subdivision

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entrance sign as depicted in exhibit
A3 allowed be allowed in the existing

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median of North Fox.

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Okay. Thank you for your presentation. I
do I do have quite a few questions for

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you. Yes.
Um I guess to try to figure out the best

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way to what order to ask them in. So
um can you tell me a little bit more

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about the public works permit they're
going to get to locate this in the ride

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of way? Is it uh is is there going to be
any sort of legal agreement that's

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executed along with that or what is the
are there conditions in the permit etc.

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Right. So, I am not party to that's a
public works permit. So, I'm not

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involved in the review, but um they do
if there's a maintenance agreement

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needed, they would require a maintenance
agreement in order to have um

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essentially a private a private
construction and a public.

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Okay. So yeah, along with that,
um, basically thinking about the

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scenarios because the you're not going
to vacate the property, it's still going

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to be public right away. It'll be a
privatelyowned sign structure in the

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median. So I'm wondering about future
hypothetical situations. Say someone

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does slide and crash into it. How's the
city approaching potential future

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liability?
um or if the sign becomes dilapitated or

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the city wants to take the rightway back
um change it how costs are aortioned if

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that is being thought of ahead of time
or going to be put into an agreement.

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Uh, I believe that would be considered
during the right of way agreement or

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excuse me, the right of way
[Music]

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permit and you don't have to disclose
attorney client um, communications, but

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did did you consult your legal
department about these types of

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scenarios? We did not.

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Um, okay. So, um, I guess kind
of keeping in that same vein a little

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bit. So, it does. So, okay, real quick.
So, you weren't able to find your

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00:18:27,360 --> 00:18:34,080
internal
uh file for the final plat, right? Is it

208
00:18:32,000 --> 00:18:39,799
was the final plan recorded? It is
recorded. Okay. Were you able to take a

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00:18:37,520 --> 00:18:45,600
look at that and see if there was
any comments or conditions or

210
00:18:42,880 --> 00:18:50,480
alterations to that? Um I'm sorry. The
the plot itself was recorded. I did not

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00:18:47,919 --> 00:18:57,520
find a decision.
No. Uh, the city council minutes make

212
00:18:53,200 --> 00:18:57,520
the statement that it was voted and

213
00:18:58,120 --> 00:19:07,480
approved and the final flat is
signed by the city, including the mayor.

214
00:19:09,840 --> 00:19:16,320
Right. So, you know, I I guess I I sort
of agree there's some interesting

215
00:19:14,080 --> 00:19:22,880
aspects to the to the to the plat map
and I guess maybe agree with your

216
00:19:18,559 --> 00:19:26,799
assessment that it's Um perhaps maybe
these should have been private tracks or

217
00:19:24,880 --> 00:19:31,520
I guess we can only hypothesize at this
point.

218
00:19:29,000 --> 00:19:36,080
Um so did you did you consider
alternative measures to address this

219
00:19:34,160 --> 00:19:41,360
instead of a variance say a plat
alteration? If you think a mistake was

220
00:19:37,840 --> 00:19:46,240
made then you could alter the plat or a
waiver or there's other

221
00:19:44,320 --> 00:19:51,919
um avenues to approach. Do you believe a
mistake was made on the plat? Um, we

222
00:19:49,840 --> 00:19:58,000
didn't consider that a mistake was made
on the

223
00:19:53,640 --> 00:20:02,480
plot. We thought it more likely that
there were discussions and verbal

224
00:20:00,440 --> 00:20:07,640
agreements rather than written
agreements by the parties at the time.

225
00:20:08,960 --> 00:20:14,960
That's kind of just your best guess.
That's our best guess.

226
00:20:13,440 --> 00:20:18,840
The people that were involved are no
longer working for the city.

227
00:20:29,039 --> 00:20:35,679
And again, I know you just said this,
but you

228
00:20:32,280 --> 00:20:44,720
have no record of an agreement to build
a median there. That's That's correct.

229
00:20:38,880 --> 00:20:50,200
the um the homeowners association
uh takes care of the landscaping in the

230
00:20:47,840 --> 00:20:56,720
the right of way including
irrigation and um they have done so

231
00:20:53,360 --> 00:21:03,400
since it was constructed but I have not
been able to locate any formal agreement

232
00:20:59,919 --> 00:21:03,400
regarding that.

233
00:21:04,640 --> 00:21:10,960
So then so then obviously then there's
no rightaway permit or anything from

234
00:21:08,559 --> 00:21:13,960
public works. That's correct. Originally
that's

235
00:21:17,039 --> 00:21:23,840
would a potential future agreement
between public works and the HOA maybe

236
00:21:21,679 --> 00:21:27,840
try to resolve some of these and put to
paper what's basically already existing

237
00:21:25,760 --> 00:21:30,840
on the ground? That's certainly
possible.

238
00:21:43,440 --> 00:21:55,280
Okay. So, um I want to turn to the
criteria of approval. Um kind of dig

239
00:21:51,120 --> 00:21:58,880
into a couple of the key terms here. So,
um for granting a special

240
00:21:59,320 --> 00:22:06,320
privilege. So, we have in the code right
now that you're just blanket not allowed

241
00:22:04,000 --> 00:22:10,720
to put signs in the rightway. The
subdivision subdivision sign entrance

242
00:22:08,080 --> 00:22:14,159
signs. That's correct. Are there are
there other ways that people can put

243
00:22:12,480 --> 00:22:18,799
signs in the public right away? Not
subdivision signs like business signs or

244
00:22:17,200 --> 00:22:25,280
political political signs or something
like that. There are situations, yes.

245
00:22:22,600 --> 00:22:30,400
Um certainly political signs are allowed
in the public right of way, temporary

246
00:22:27,200 --> 00:22:34,080
signs, um advertising events are allowed
in the right of way. How about for

247
00:22:32,400 --> 00:22:40,440
permanent signs? Does the city allow
permanent signs in the public right

248
00:22:35,679 --> 00:22:40,440
away? I could not say that off.

249
00:22:58,200 --> 00:23:06,039
So again because you you basically this
variance for us is basically asking to

250
00:23:03,679 --> 00:23:11,080
just not apply this one city code
provision in this particular situation.

251
00:23:12,440 --> 00:23:18,960
Um, do you think that there are special
circumstances here

252
00:23:16,919 --> 00:23:24,799
that trying to think about how to phrase
this question? Um, I'll say frankly this

253
00:23:22,320 --> 00:23:27,520
is a little a little bit of an odd
request.

254
00:23:27,880 --> 00:23:34,559
Um, because of the various portions of
this, you know, HOA asking to use public

255
00:23:32,320 --> 00:23:38,200
right away and to just basically not
have a single code provision apply to

256
00:23:36,880 --> 00:23:43,000
them.
Um, how do you think this won't create

257
00:23:41,039 --> 00:23:48,520
uh this isn't a special privilege
that other um other subdivisions might

258
00:23:46,960 --> 00:23:52,799
want to
use to to put to put it or they'll say,

259
00:23:51,360 --> 00:23:58,559
"Okay, you approved it for this one. You
didn't apply for provision to this

260
00:23:54,520 --> 00:24:01,360
subdivision, so we still can't do it."
Or would you be comfortable with other

261
00:24:00,000 --> 00:24:06,960
subdivisions saying, "Well, you did it
for this one. We should be able to

262
00:24:03,039 --> 00:24:13,279
also." Um so in this instance we're not
changing the

263
00:24:09,960 --> 00:24:20,880
um the improvements at all. So the
median exists. So um it's unlikely that

264
00:24:18,559 --> 00:24:27,039
another subdivision if they had the st
standard 50oot rideway would be for

265
00:24:23,919 --> 00:24:32,360
instance allowed to put a median in um
changing the improvements and changing

266
00:24:29,039 --> 00:24:40,840
the width of the traffic lanes.
um having it on the the sides of the

267
00:24:36,640 --> 00:24:46,159
rightway adjacent to the sidewalk. Um
that I really can't speak for our public

268
00:24:43,360 --> 00:24:52,559
works department on that one. Is there a
public works representative here today?

269
00:24:49,520 --> 00:24:58,960
He's not. Okay.
Uh well I I do see the rideway is 80

270
00:24:55,440 --> 00:24:58,960
feet wide but there are

271
00:24:59,480 --> 00:25:06,240
the hard to tell. Is it 10 foot wide
landscape

272
00:25:04,120 --> 00:25:11,679
areas? It kind of looks like it might be
15 feet on one side between the fence

273
00:25:08,720 --> 00:25:18,400
and the the road roadway edge. It is
approximately 10 feet on each side. The

274
00:25:14,799 --> 00:25:24,320
u the scout map is a little off the two
layers. Um, but when I lined up the two,

275
00:25:22,000 --> 00:25:29,279
it it is approximately 10 feet behind
the sidewalk on each side to the edge of

276
00:25:26,480 --> 00:25:34,840
the red one. Okay.
And how wide is the median again?

277
00:25:31,120 --> 00:25:34,840
Approximately 10 ft.

278
00:25:36,640 --> 00:25:46,520
So 80 minus roughly 30 is about 50. So
you have about 50 foot of two 25 foot

279
00:25:41,840 --> 00:25:46,520
lanes there right now essentially. Okay.

280
00:25:54,480 --> 00:26:00,960
So, if just hypothetically speaking, if
they weren't granted this variance, they

281
00:25:59,120 --> 00:26:04,799
they're still the homeowner association
is still allowed to put a neighborhood

282
00:26:02,480 --> 00:26:10,559
sign somewhere, right? On private
property. On private property.

283
00:26:08,799 --> 00:26:14,320
Did you consider whether there was
reasonable alternatives on private

284
00:26:12,080 --> 00:26:19,120
property that would require a variance
request?

285
00:26:15,600 --> 00:26:19,120
Um, we did not consider other

286
00:26:28,120 --> 00:26:34,440
alternatives. Okay. So for the special
circumstances,

287
00:26:34,520 --> 00:26:44,320
um your the criteria number two, uh they
don't have the language in here, but

288
00:26:41,720 --> 00:26:48,080
um I'm sure you've seen different cities
and different codes like unnecessary

289
00:26:45,840 --> 00:26:53,960
hardship or some sort of there's lots of
different ways these

290
00:26:50,679 --> 00:26:58,400
um are worded.
Um, but the language in here kind of

291
00:26:57,039 --> 00:27:03,279
goes along with that where we're
typically looking at, you know, a

292
00:27:01,120 --> 00:27:07,000
homeowner owns a parcel and we're going
to look at the size, shape, topography,

293
00:27:05,840 --> 00:27:11,880
location or
surroundings, usually something physical

294
00:27:09,279 --> 00:27:17,919
to do with the site that's creating the
hardship. Um, and that's in state law in

295
00:27:14,159 --> 00:27:22,559
case stuff too. um that if you apply,
you know, the strict, you know, the

296
00:27:20,559 --> 00:27:26,159
strict uh provisions of the code to
their property, then they're going to be

297
00:27:24,880 --> 00:27:29,039
deprived of being able to do something
like I have a really steep slope, I have

298
00:27:27,760 --> 00:27:32,320
a rockout cropping, I'm not going to be
able to build a house on here unless you

299
00:27:30,480 --> 00:27:37,039
give me a setback. So, how is this
situation analogous to those more

300
00:27:34,200 --> 00:27:41,039
typical variance requests? Right. I
agree. Uh that is exactly the

301
00:27:39,200 --> 00:27:45,360
description I would give an applicant if
they were looking into a variance in

302
00:27:43,600 --> 00:27:51,720
this situation because it's not a
private property. Um I took a little bit

303
00:27:48,480 --> 00:27:57,440
different view on that which is whatever
the agreements were at the time that

304
00:27:54,720 --> 00:28:03,039
created the 80 foot ride of way. It
basically eliminated the opportunity to

305
00:28:00,960 --> 00:28:08,000
put it in public or excuse me on private
property.

306
00:28:04,960 --> 00:28:11,120
Um so the the restriction is in fact the
unusually large

307
00:28:20,360 --> 00:28:25,360
right I don't I don't see the language
in here so I guess it probably doesn't

308
00:28:24,000 --> 00:28:29,600
apply to your code but usually there's
some sort of provision that's like has

309
00:28:27,360 --> 00:28:34,000
no fault of your you know the applicant
can't be the one who creates the

310
00:28:31,760 --> 00:28:37,000
hardship. Yeah, that phrase is not
inactive.

311
00:28:37,200 --> 00:28:45,520
So you don't think that analysis should
apply? Did you consider this is you know

312
00:28:42,960 --> 00:28:50,919
this was someone's mistake a while ago?
The creator of the subdivision

313
00:28:47,440 --> 00:28:56,159
essentially maybe the HOA's you know in
some long-term connected ways fault so

314
00:28:53,840 --> 00:29:00,440
to speak. Yeah. Because it's not part of
the criteria didn't consider it.

315
00:29:07,840 --> 00:29:15,399
And you think
that not allowing them to build a sign

316
00:29:12,480 --> 00:29:20,600
in the rideways, depriving them of
property, defi depriving the property,

317
00:29:18,559 --> 00:29:28,960
again, we're saying public
property, but we're depriving the HOA of

318
00:29:25,520 --> 00:29:34,799
rights and privileges to to build a
sign. they can still build a sign.

319
00:29:31,600 --> 00:29:39,679
Uh yeah. So that is the the tricky part
and it all comes back to from the

320
00:29:37,840 --> 00:29:45,000
information that I was able to gather
from the the files

321
00:29:43,320 --> 00:29:51,840
available.
I think it is very possible that there

322
00:29:48,559 --> 00:30:00,080
was intention not necessarily for a sign
uh but definitely for enhanced

323
00:29:55,600 --> 00:30:06,159
landscaping. Uh there was no uh for
instance landscape plan like detailed

324
00:30:02,720 --> 00:30:14,240
landscape plan in any of the the files.
There was um only a landscape plan that

325
00:30:11,399 --> 00:30:21,440
showed like the air the 10 foot areas
essentially um but and also a long gram.

326
00:30:16,760 --> 00:30:26,399
So essentially all Long Graham and um
and then the two

327
00:30:23,799 --> 00:30:30,799
entries and actually I'm sorry that was
for Fox Ridge. There's they're two

328
00:30:28,240 --> 00:30:34,799
different subdivisions. So Fox Ridge,
they did have a landscape plan or not a

329
00:30:32,880 --> 00:30:39,840
plan but just an area of landscaping
showing all along Graham Road and the

330
00:30:37,120 --> 00:30:47,600
two other entries. Basically that first
block, the first 145t or whatever one

331
00:30:42,960 --> 00:30:54,480
lot depth is for those. So based on that
that whatever discussions happened in

332
00:30:50,320 --> 00:30:54,480
the past that is

333
00:30:54,840 --> 00:31:05,520
um so by not granting the
variance deprivives them of

334
00:31:02,039 --> 00:31:12,320
the normal privilege of having a sign
that if the subdivision had been

335
00:31:09,080 --> 00:31:17,600
designed in a way that I would consider
more typical they would have the space.

336
00:31:15,279 --> 00:31:22,799
Like for instance, if someone was doing
a subdivision now, I would advise them

337
00:31:19,520 --> 00:31:27,799
to do a private tract rather than plan
to put anything in the public right away

338
00:31:30,159 --> 00:31:38,640
is so in the in this in the subdivision
sign part of the code. Um does it say

339
00:31:37,360 --> 00:31:42,480
anything about where it's supposed to be
located?

340
00:31:40,640 --> 00:31:49,360
Not specifically.
just just out of it's common for it to

341
00:31:45,360 --> 00:31:53,760
be in the main road in and out. Um but
it can be located in other places too,

342
00:31:52,399 --> 00:31:59,080
right? Yeah. I mean it's called the
entrance sign in our code. So entrance

343
00:32:22,480 --> 00:32:27,679
Okay, I think that's enough questions
for now. Um, if I have some more, I

344
00:32:26,240 --> 00:32:32,320
might bring it back up and ask them
later, but I'll I'm going to move over

345
00:32:29,120 --> 00:32:32,320
to the applicant. Thank you very

346
00:32:32,440 --> 00:32:35,440
much. All

347
00:32:37,880 --> 00:32:45,919
right. Okay. We have the uh applicants
uh opportunity for their presentation or

348
00:32:43,519 --> 00:32:49,360
testimony and we have Mr. Carl Mson on
behalf of the Foxridge Homeowners

349
00:32:47,519 --> 00:32:53,760
Association.
Well, this is fascinating listening to

350
00:32:51,360 --> 00:32:57,600
your questions and I have to apologize
to both of you. This is the first time

351
00:32:55,919 --> 00:33:02,159
of course I I wouldn't be able to
anticipate what was going to be asked.

352
00:32:59,919 --> 00:33:06,480
Okay. Uh Ria, real quick, can I have you
go to the podium? There's some just

353
00:33:04,240 --> 00:33:10,480
because we're being videotaped. Uh and
just have you identify yourself with

354
00:33:07,840 --> 00:33:13,600
your voice for the record. MSON medical
a Okay. And do you swear or affirm any

355
00:33:12,399 --> 00:33:18,080
testimony you give me the truth, the
whole truth, and nothing but the truth?

356
00:33:15,039 --> 00:33:24,840
I do. Okay. Please proceed, sir.
Yesterday I went door to door with some

357
00:33:20,880 --> 00:33:28,799
handouts and um I'm going to give you
one whether you need it or not. Okay.

358
00:33:27,679 --> 00:33:32,880
I'll take a look at it and then we'll
enter it into the record with an exhibit

359
00:33:30,320 --> 00:33:38,760
number. And what I said when I went to
the doors of the people that I talked to

360
00:33:35,279 --> 00:33:43,519
was I'm Carl Mson from Don and East
Angie. Uh there have been some

361
00:33:41,279 --> 00:33:49,440
misunderstanding with regards to the
proposed entry monument. I'm going door

362
00:33:46,640 --> 00:33:54,880
todoor and presenting this handout. The
first page contains answers to

363
00:33:52,480 --> 00:34:01,679
frequently asked questions. The second
page shows where the design concept came

364
00:33:58,240 --> 00:34:05,679
from. And the third page has the site
plan and

365
00:34:03,240 --> 00:34:10,079
elevation. Uh tomorrow morning we're
going to be having a meeting at city

366
00:34:07,360 --> 00:34:14,320
hall at 9:00 and you're certainly
welcome to attend. And that's all I

367
00:34:11,919 --> 00:34:18,760
said. Some of the people were really
interested and one of those uh well was

368
00:34:17,520 --> 00:34:24,800
actually a
couple. Molly and Bob Deolt were

369
00:34:22,800 --> 00:34:32,079
actually the first president and
secretary of the homeowners association.

370
00:34:28,480 --> 00:34:37,440
they invited me in and uh we got to
talking about this and this is the part

371
00:34:35,200 --> 00:34:42,079
where I have to apologize to Lisa
because I just didn't think of

372
00:34:38,800 --> 00:34:48,800
mentioning it. But I mentioned to them
that the city uh was having a tough time

373
00:34:45,359 --> 00:34:53,679
finding all the records and Molly said,
"Oh, well, I've got them." She had kept

374
00:34:51,839 --> 00:34:57,160
all the records from when they were
secretary and president of the first

375
00:34:55,839 --> 00:35:02,160
homeowners
association. So Bob went into the

376
00:35:00,160 --> 00:35:06,240
bedroom and he came back out with some
files and we started going over them and

377
00:35:04,560 --> 00:35:13,599
you know I don't remember too much just
a lot of words. But one thing that uh

378
00:35:09,440 --> 00:35:20,240
was originally proposed and not done was
entry monuments at all three entrances.

379
00:35:17,000 --> 00:35:24,079
Um, I mention this because it might be
relevant and I'm sorry I didn't mention

380
00:35:22,240 --> 00:35:28,320
it earlier.
Okay. Are these documents you have with

381
00:35:26,240 --> 00:35:33,760
you? I'm sorry. Do you have these
documents with you? No. Okay. This is

382
00:35:31,040 --> 00:35:38,320
something you could get. Yes. For us.
Yes. I'll consider that at the end, but

383
00:35:36,560 --> 00:35:42,960
that's I I might leave the record open
so that you can have those sent over so

384
00:35:40,640 --> 00:35:46,320
I can Well, and and Mr. Rodriguez as
well, so we can review them before this

385
00:35:44,720 --> 00:35:52,880
decision, too. So, yeah, that would be
good. Okay, continue. Okay.

386
00:35:50,040 --> 00:35:57,599
Uh, I I'll kind of explain how this all
came about and I'll try to keep it as

387
00:35:54,480 --> 00:36:01,520
short as possible. Uh, I was a
commercial real estate appraiser for 50

388
00:35:59,599 --> 00:36:07,760
years. I did my first appraisal of a
subdivision in Lynen in

389
00:36:04,200 --> 00:36:14,079
1972. The value, as I recall, of the
lot, sidewalks, curbs, gutters, all

390
00:36:10,920 --> 00:36:16,320
utilities, conduit, so on and so forth,
was

391
00:36:16,760 --> 00:36:23,720
$3,250. That was
then. The last appraisal I did was in

392
00:36:21,599 --> 00:36:32,680
Muckle Teal. That was in
2022. Same scenario, no view. And the

393
00:36:28,480 --> 00:36:32,680
estimated value was $325,000.

394
00:36:33,480 --> 00:36:40,359
$325,000. Of course, wouldn't wash in
Medical Lake, uh, where you can still

395
00:36:38,000 --> 00:36:46,280
buy a house for
$325,000, but that's an indication of

396
00:36:43,040 --> 00:36:52,240
what was going on over there. I then
retired. Uh, I won't go get into the

397
00:36:49,520 --> 00:36:56,720
reasons why I moved to Medical Lake, but
I found out about Medical Lake when US

398
00:36:54,960 --> 00:37:01,119
Bank sent me over here to do an
appraisal of a proposed subdivision on

399
00:36:58,960 --> 00:37:07,920
Tulie Pond.
And uh it was interesting. Uh I saw

400
00:37:05,680 --> 00:37:12,000
tremendous potential for this area.
You've got West Medical Lake, Medical

401
00:37:10,480 --> 00:37:17,280
Lake, and all the other lakes. You've
got multiple ponds. It's something of a

402
00:37:14,000 --> 00:37:21,359
waterland around here. Uh but the only
thing that I could see at that time that

403
00:37:19,359 --> 00:37:27,839
was really of significance was the
Howlet Home that was built in 1890. Not

404
00:37:24,480 --> 00:37:32,079
much had been done since then.
Anyway, long story short, when Wendy and

405
00:37:30,240 --> 00:37:37,520
I decided to move over in this direction
from Belleview, uh I remembered that I

406
00:37:35,760 --> 00:37:41,920
also remembered that at the time I did
the appraisal, Medical Lake school

407
00:37:39,480 --> 00:37:45,920
district had the highest test scores of
any school district in central and

408
00:37:43,839 --> 00:37:53,040
eastern Washington, just a little bit
below Belleview, Isiqua, and Northshore.

409
00:37:50,320 --> 00:37:57,760
That was impressive. Uh spoke well for
the community. So when we decided to

410
00:37:55,040 --> 00:38:05,200
move over in this direction by be
because of that and because of the uh

411
00:38:01,359 --> 00:38:09,839
ambiance of the area and uh the
proximity to the airport um I said why

412
00:38:08,000 --> 00:38:13,839
don't we move to medical lake so that's
what we

413
00:38:10,920 --> 00:38:21,040
did now having appraised hundreds of
subdivisions and having bought in uh Fox

414
00:38:17,880 --> 00:38:27,280
Hill uh I approached this is about three
years ago the uh homeowners associ ation

415
00:38:24,440 --> 00:38:34,079
president and I said why don't we have
an entry monument because uh entry

416
00:38:31,320 --> 00:38:43,040
monuments increase value that's not just
value but also absorption rate uh I

417
00:38:37,520 --> 00:38:48,640
noticed uh in the mid to late 1980s uh
when I was doing subdivision appraisals

418
00:38:45,119 --> 00:38:54,079
that uh you could take two subdivisions
which were essentially the same and put

419
00:38:51,200 --> 00:39:00,000
an a nice entry monument, not you know
just anything but it has to be nice and

420
00:38:56,880 --> 00:39:04,160
that would definitely enhance value. Uh
the degree to which it would enhance

421
00:39:02,079 --> 00:39:10,400
value depended on the number of lots,
the location and other intervening

422
00:39:06,200 --> 00:39:16,960
variables but it always did and I just
kind of developed a rule of thumb of

423
00:39:12,800 --> 00:39:21,920
about 5% as far as the increase that
that that it would enhance value.

424
00:39:19,839 --> 00:39:26,720
So, I mentioned this to the homeowners
association president and he said that

425
00:39:24,640 --> 00:39:30,880
they had talked about it in the past,
but no one would take the lead. Well, I

426
00:39:29,200 --> 00:39:37,200
brought it up. So, I said, "Well, I'll
do it." And then it's become quite a an

427
00:39:34,359 --> 00:39:44,160
undertaking. First of all, I went down
to Mutual Materials and asked for the

428
00:39:39,280 --> 00:39:50,400
names of five masons who would be uh
good for this sort of a project. And I

429
00:39:46,240 --> 00:39:56,640
was given five names. I called all of
them. Um, two of them never did return

430
00:39:53,599 --> 00:40:03,520
my calls and I can only speculate that
it was because this project was just too

431
00:39:59,079 --> 00:40:09,040
small. Uh, and other two got back to me
but gave me bids that were indicative

432
00:40:07,000 --> 00:40:13,280
that, you know, if we're going to pay
that much money, they'll go ahead and do

433
00:40:10,800 --> 00:40:19,280
it. But that was it was too much money.
But uh Marty Bland of Bland Masonry uh

434
00:40:17,040 --> 00:40:25,040
was competitive and seemed to know what
he was doing. He had done a number of

435
00:40:22,800 --> 00:40:30,560
entry monuments. He showed me one where
it was a gated community was really

436
00:40:27,240 --> 00:40:34,880
beautiful. So I went with him. Then
there was the question of the concept

437
00:40:33,119 --> 00:40:41,800
and what I just gave you on the second
page shows that. uh then uh getting the

438
00:40:38,880 --> 00:40:48,480
design done and
um during that process I discovered that

439
00:40:45,200 --> 00:40:52,240
uh Mr. Bland does the masonry but he
does not do the excavation. So I had to

440
00:40:50,880 --> 00:40:57,599
find somebody that would do the
excavation and that took some time. Uh I

441
00:40:55,680 --> 00:41:02,200
called a number of people that were
recommended to me and it wasn't until

442
00:40:59,599 --> 00:41:08,880
yesterday that I really got a firm
number and uh it was uh a very happy

443
00:41:06,880 --> 00:41:14,319
moment because the cost for the
excavation was significantly less than

444
00:41:11,200 --> 00:41:18,960
what I anticipated it would be. So
anyway during that process we also have

445
00:41:16,880 --> 00:41:26,880
to get a variance because of what you
have been discussing and

446
00:41:21,880 --> 00:41:33,839
um I think that ultimately uh based on
my own experience uh this entry monument

447
00:41:30,800 --> 00:41:39,839
would enhance value significantly. We
have 180 lots in uh

448
00:41:37,000 --> 00:41:45,839
Foxbridge and I'm not going to say, you
know, and the 5% applies to lot value,

449
00:41:43,040 --> 00:41:52,000
not the finished home value, but it's
still if you take 180 lots and I'm not

450
00:41:49,760 --> 00:41:57,200
going to say what market value is. My
professional designation does not allow

451
00:41:54,160 --> 00:42:03,040
me to to speculate unless I've actually
done an appraisal. But I can say that

452
00:42:00,079 --> 00:42:10,079
the assessor's value for the vast
majority of lots in Fox Ridge is

453
00:42:06,440 --> 00:42:15,160
$80,000. And if you take $80,000 times
180 lots, and my memory isn't always the

454
00:42:12,480 --> 00:42:20,800
best, but I think that's about
14,400,000, 5% of that is a very high

455
00:42:18,160 --> 00:42:25,839
number. Even if you just go with 2% of
that, it's way above the cost, which

456
00:42:23,119 --> 00:42:32,880
will be under $30,000 for the entry
monument. So, uh I think this is a very

457
00:42:29,119 --> 00:42:38,839
feasible project. It does not preclude
uh doing other things that are necessary

458
00:42:35,520 --> 00:42:44,640
within the subdivision and
um it will not raise homeowners

459
00:42:41,520 --> 00:42:49,359
association fees, so on and so forth.
The things that people worry about and I

460
00:42:46,720 --> 00:42:54,319
answer in this handout. Did you have any
further questions for me? Uh yeah, I

461
00:42:52,160 --> 00:42:57,760
guess I just want to follow up on the
documents you saw at your neighbor's

462
00:42:55,839 --> 00:43:04,240
house. Um, if you remember seeing
anything in there about entry monuments.

463
00:43:00,160 --> 00:43:12,720
Yes. Do you remember what it said or?
Just that they were proposed and and as

464
00:43:08,000 --> 00:43:18,240
uh is evident never done.
Well, without knowing what it says, it's

465
00:43:16,400 --> 00:43:22,640
I guess I don't want to speculate too
much, but it's possible it might be

466
00:43:19,760 --> 00:43:28,000
approved in those documents. So, I would
really like it might be. Yeah. I forgive

467
00:43:25,280 --> 00:43:31,200
me. I I didn't realize how important
that moment was. Well, I guess I'll just

468
00:43:29,920 --> 00:43:35,119
say now before we go on with the rest of
the hearing that I that I am going to

469
00:43:32,800 --> 00:43:39,520
request that you get those documents uh
over to us uh so we can review them. So,

470
00:43:37,760 --> 00:43:44,640
I'm going to keep the record open at the
end of today's hearing um so that we can

471
00:43:42,000 --> 00:43:48,400
get those documents. Um I guess I'll
just say for the record, I'm only

472
00:43:45,920 --> 00:43:51,599
keeping it open for that purpose. I may
keep it open for other reasons at a

473
00:43:49,839 --> 00:43:56,480
later time, but I'm going to request
that you send um Miss Rodriguez and and

474
00:43:54,960 --> 00:43:59,760
us a copy of those documents, or you can
send them to her and she can forward

475
00:43:57,520 --> 00:44:02,960
them to us, whatever is easier for you.
We can get you that contact information

476
00:44:01,119 --> 00:44:07,599
at the end of the hearing. I think what
I'll do is ask Lisa to come with me and

477
00:44:05,200 --> 00:44:13,400
we'll we'll go out and go through them.
Okay. One by one. Um I think that's a

478
00:44:09,520 --> 00:44:13,400
very good idea. Um

479
00:44:13,920 --> 00:44:18,480
so, uh I I I think that's all the
questions I'm gonna have for you right

480
00:44:16,800 --> 00:44:21,680
now. I might something might come up
again from the public comments and

481
00:44:19,760 --> 00:44:25,680
you'll have an opportunity to, you know,
come back up and give rebuttal

482
00:44:23,280 --> 00:44:28,800
testimony, too. If I remember uh any
other questions I have for you, I'll be

483
00:44:27,280 --> 00:44:32,800
sure to bring it back up and ask ask
them of you. But, um, thank you for your

484
00:44:31,280 --> 00:44:37,880
for your testimony. I'm going to move us
to public comment. Yeah, you're welcome.

485
00:44:34,800 --> 00:44:37,880
Thank you.

486
00:44:47,680 --> 00:44:54,480
Okay. So, uh, just to go over real
quick, um, for those who signed up, um,

487
00:44:52,960 --> 00:44:56,880
I'm just going to go through the list I
have, and then I'll check and see if

488
00:44:55,599 --> 00:45:00,079
there's anyone on Zoom who wants to
testify. I'm going to call you in order

489
00:44:58,800 --> 00:45:03,359
you on here. I'll have you come up to
the podium, state your name and address

490
00:45:01,680 --> 00:45:07,280
for the record, and then I'll have you
swear uh an oath before you provide

491
00:45:05,240 --> 00:45:10,640
testimony. Uh, as I stated before,
you'll have up to up to five minutes. uh

492
00:45:09,440 --> 00:45:15,200
because that's a little longer than
usual, we are going to do a hard stop at

493
00:45:12,560 --> 00:45:18,319
five minutes. So, just to prepare you,
if you're hitting the fiveminute mark

494
00:45:16,240 --> 00:45:22,319
and we cut you off, uh please don't be
offended, but it's for the purposes of

495
00:45:20,400 --> 00:45:28,440
us keeping uh this hearing moving
forward in an orderly fashion. So, first

496
00:45:24,319 --> 00:45:28,440
I have uh Ted Adams.

497
00:45:38,000 --> 00:45:45,520
Hey, state your name and address. Ted
Adams. Uh address is North 1112 North.

498
00:45:44,160 --> 00:45:48,079
Okay. And do you swear or affirm any
testimony you give? Be the truth, the

499
00:45:46,800 --> 00:45:52,160
whole truth, and nothing but the truth.
It is, sir. All right. Please proceed.

500
00:45:49,760 --> 00:45:57,560
Um, first when this came about, I saw
the sign. I approached Ted uh Ted Olsson

501
00:45:54,720 --> 00:46:02,480
with a lot of concerns about this.
Um, and it's interesting that this

502
00:46:00,720 --> 00:46:07,599
showed up at my house last night um,
while I was gone. As you can see, I made

503
00:46:05,040 --> 00:46:11,680
a whole bunch of notes on it. And it's
great that Mr. Mson gave us whole

504
00:46:09,119 --> 00:46:16,160
history of how we ended up here. Um, I
could have that whole spill last night.

505
00:46:13,520 --> 00:46:20,079
I actually had that spill ready. But
when I got over to Ted Olson's house

506
00:46:17,920 --> 00:46:24,560
this morning, he said, "I can only argue
about the

507
00:46:21,079 --> 00:46:27,880
variance." Well, this is all great. The
one thing that hasn't been addressed is

508
00:46:26,480 --> 00:46:34,920
there hasn't been any
comment, letters, anything regarding

509
00:46:30,560 --> 00:46:42,160
fire code, fire access, nothing like
that. Now, there was a gentleman that

510
00:46:38,319 --> 00:46:47,359
brought up the concern about vehicles
sliding into the medium. I can testify

511
00:46:45,520 --> 00:46:51,560
that a couple years ago on Christmas day
I was heading to a friend's house for

512
00:46:48,560 --> 00:46:57,839
Christmas. I actually slid up onto the
median because the lack of proper care

513
00:46:54,720 --> 00:47:04,240
of the roads. So that is a huge concern
that has not been addressed. Now the

514
00:47:00,960 --> 00:47:11,520
city planner states that she believes
that the medians were made possibly for

515
00:47:08,440 --> 00:47:17,440
that. That's speculation.
I find it interesting that now all of a

516
00:47:14,480 --> 00:47:24,800
sudden once there's been push back about
this proposed HOA monument that now it's

517
00:47:22,480 --> 00:47:30,880
coming to light that oh magic papers
have appeared but yet if it were me I

518
00:47:28,800 --> 00:47:35,359
would have had them here to present to
you

519
00:47:31,640 --> 00:47:40,079
sir just for the fact that we know that
they exist they're here I understand and

520
00:47:38,079 --> 00:47:45,839
respect that you're leaving it open for
you to view, but I would call into

521
00:47:42,680 --> 00:47:49,319
question if that is really the proper
way that this should have been

522
00:47:47,240 --> 00:47:54,359
proceeded.
Um, you know, again, I really would like

523
00:47:52,240 --> 00:48:01,520
to have argued a lot of the points on
this note. Um, but

524
00:47:58,040 --> 00:48:09,680
unfortunately, I'm not going to. I do
feel that this is a joke because it has

525
00:48:05,480 --> 00:48:14,560
been put the carriage before the horse.
This HOA board should have voted on this

526
00:48:11,520 --> 00:48:20,240
prior to getting to this point. Thank
you for your time, sir. I appreciate you

527
00:48:16,480 --> 00:48:20,240
hearing me out. Thank you,

528
00:48:29,079 --> 00:48:33,880
sir. All right, Connie Olsen.

529
00:48:45,040 --> 00:48:51,280
Connie Olsen, 810 East Colin Avenue.
Okay. And do you swear or affirm any

530
00:48:50,000 --> 00:48:56,160
testimony you'll give? Be the truth, the
whole truth, and nothing but the truth.

531
00:48:53,040 --> 00:49:00,680
Okay. Please proceed. Um, I know this is
only for a variance, but I was a school

532
00:48:58,559 --> 00:49:05,760
bus driver here in medical lake for 25
years. And in any other given time,

533
00:49:04,000 --> 00:49:09,440
there may be plenty of room to come
around there. And that's if you're

534
00:49:07,359 --> 00:49:13,119
going, you know, you have to know how to
get around it. You go slow. Well, not

535
00:49:11,440 --> 00:49:18,720
everybody goes slow. And then you have
to account for the ice and the pileup of

536
00:49:15,680 --> 00:49:23,000
snow everywhere. and the amount of
traffic going in and out of there in the

537
00:49:20,240 --> 00:49:27,640
winter, it doesn't provide
um a lot of room for buses to to

538
00:49:25,920 --> 00:49:32,079
maneuver through
there. You can get around there very

539
00:49:30,240 --> 00:49:38,720
slowly, but when you're talking about a
huge um piece of equipment on ice, we

540
00:49:36,319 --> 00:49:45,240
all know that you don't know you're not
going slow enough until you aren't, you

541
00:49:42,240 --> 00:49:49,599
know, until you hit the middle.
Um, it does really concern me just

542
00:49:47,680 --> 00:49:53,680
because we've seen things go wrong
there. They're talking about the way the

543
00:49:51,680 --> 00:49:58,480
buzz the way they turn and stuff and
maybe know a wheel doesn't go on there,

544
00:49:56,000 --> 00:50:04,319
but when it turns the wheel is under the
bus, the front part of the bus goes over

545
00:50:01,119 --> 00:50:07,680
the top of that and um my husband
observed that this morning with one of

546
00:50:05,599 --> 00:50:11,200
the buses coming around the corner.
Other than that, I just don't have

547
00:50:09,119 --> 00:50:16,960
anything more to say. Deans, it's only a
variance, but

548
00:50:13,920 --> 00:50:24,319
I as I when I found out about this, I
was totally incensed only

549
00:50:21,079 --> 00:50:29,640
because I don't want to be divided from
the rest of the town and have a

550
00:50:27,079 --> 00:50:35,680
monument. Is it beautiful?
Absolutely. Do Do most of the people up

551
00:50:32,079 --> 00:50:41,400
there want it? No, they don't. Um, this
is a rocky area around here. We've seen

552
00:50:38,319 --> 00:50:48,000
a few monuments, if you call them that.
Um, I don't want to be exclusive. We

553
00:50:44,480 --> 00:50:52,359
love our neighborhood and we just want
it to be safe for everybody, but this

554
00:50:50,240 --> 00:50:57,680
was kind of all just
done with nobody knowing about it except

555
00:50:55,200 --> 00:51:02,079
for the president and Mr. Mson. As far
as I know, I didn't see any information

556
00:51:00,160 --> 00:51:07,400
that this was going to take place. Would
we like information? Would we like to be

557
00:51:05,040 --> 00:51:13,680
involved in the picking of
such signage? Um, so other than that, I

558
00:51:12,079 --> 00:51:17,960
mean, I've got a lot to say about it,
but as far as the variance, I'm not

559
00:51:16,000 --> 00:51:23,319
quite sure that's
a thank you for the time. Thank you.

560
00:51:28,640 --> 00:51:32,440
Okay, Wendy Mson.

561
00:51:47,839 --> 00:51:56,319
Can you hear me from here or do I need a
microphone? Oh, good. Should be okay.

562
00:51:52,559 --> 00:52:01,040
Thanks. Hard to stand. Um, so you just
state your name for Wendy Mson. And some

563
00:51:59,280 --> 00:52:03,680
kind of oath. Yeah. Do you swear or
affirm any testimony and give me the

564
00:52:02,480 --> 00:52:09,040
truth, the whole truth, and nothing but
the truth? Yes, I do. Okay. just

565
00:52:05,520 --> 00:52:15,040
proceed. Okay. So, um I'm I actually am
a former planner uh with the uh Monroe

566
00:52:12,400 --> 00:52:20,160
County in New York uh planning
commission and planning department and

567
00:52:18,160 --> 00:52:26,400
with the California coastal commission
and with the uh city of Seattle. Um and

568
00:52:24,319 --> 00:52:33,520
so I have some background in planning
and variances etc. Uh also, um I as I

569
00:52:30,880 --> 00:52:38,240
understand it, this is the variance is
what we're here for today. This is a

570
00:52:35,839 --> 00:52:44,640
variance on a public right of way and
the criteria are in comparison to other

571
00:52:42,400 --> 00:52:49,200
subdivisions, not in comparison to
properties within 300 ft. It's an

572
00:52:46,960 --> 00:52:54,480
awkward situation. Where do you send the
notice? you know, uh actually

573
00:52:51,520 --> 00:52:59,920
technically you might send a notice to
uh any subdivisions within 300 ft of the

574
00:52:57,200 --> 00:53:06,000
boundary of this subdivision. It it's
difficult to know and um it's certainly

575
00:53:03,760 --> 00:53:12,000
more interesting to the people in the
subdivision, but it actually is in

576
00:53:08,640 --> 00:53:17,440
regard to what uh effect would it have
in regard to other subdivisions? I is

577
00:53:14,800 --> 00:53:24,640
that correct? I I don't know. I mean
that's what I understood with Alisa. And

578
00:53:20,720 --> 00:53:30,119
so um what what impact would it have in
terms of perhaps future subdivisions or

579
00:53:27,680 --> 00:53:36,079
existing subdivisions in terms of your
decision? And so as I think it was

580
00:53:33,200 --> 00:53:40,640
mentioned in one of your questions, how
would it

581
00:53:37,000 --> 00:53:44,800
affect other right of ways? And it
doesn't seem like there are any other

582
00:53:42,720 --> 00:53:50,000
cuz now when somebody would do a
subdivision they would be asked where is

583
00:53:46,960 --> 00:53:53,760
your track for a common area. So that
wasn't and maybe it was and that's what

584
00:53:52,480 --> 00:53:57,920
we're going to find out apparently
because when my husband went around the

585
00:53:55,599 --> 00:54:02,040
other night last night probably about
six o'clock I found out this really

586
00:54:00,720 --> 00:54:07,359
interesting
information and um this is all part of a

587
00:54:05,359 --> 00:54:13,280
public process so it's nothing
conspiratorial. Now, as far as uh the

588
00:54:10,400 --> 00:54:18,960
president Dana of the board, he's been
putting this out for at least three,

589
00:54:15,280 --> 00:54:24,400
four years in the minutes of the HOA
that we're thinking of a monument and in

590
00:54:21,760 --> 00:54:29,280
all of the newsletters and that's how it
came up and anybody who attended those

591
00:54:26,640 --> 00:54:34,480
meetings would know about this just not
part of your issue, but this is well

592
00:54:31,440 --> 00:54:39,440
known. So, that's how it he was always
asking, does somebody want to research

593
00:54:36,240 --> 00:54:44,400
this? So this is not news and also all
these issues which may be important are

594
00:54:41,359 --> 00:54:48,880
public works issues and those should be
handled by the permit process through

595
00:54:46,800 --> 00:54:55,040
the public works department which has to
happen after a variance is decided upon

596
00:54:51,760 --> 00:55:00,079
one way or another. So that's just a
technicality but it's an important one.

597
00:54:57,680 --> 00:55:03,599
It's a chicken and egg thing, a horse
before the cart. You have to do

598
00:55:01,359 --> 00:55:08,319
something first. Unfortunately, my
husband had to spend two years of his

599
00:55:05,280 --> 00:55:11,760
life figuring all this out. But that's
neither here nor there. That's a risk

600
00:55:09,760 --> 00:55:17,119
you take. But it was well known to
everybody. Nothing sprung upon anybody

601
00:55:15,200 --> 00:55:22,559
if they were if they were looking at
their newsletters or

602
00:55:19,559 --> 00:55:28,079
minutes. I know I'm running out of time.
So, a fire code, all those are public

603
00:55:24,640 --> 00:55:36,000
works issues. Uh and uh by the way in
terms of intent, why would the city why

604
00:55:30,559 --> 00:55:42,960
would the HOA pay all these years to um
water and put uh uh sprinklers in on

605
00:55:40,240 --> 00:55:49,359
this particular tract if they didn't
intend to have some HOA use of that

606
00:55:46,559 --> 00:55:55,680
tract and the other two that's a lot of
money over the years and that's on the

607
00:55:52,480 --> 00:56:01,119
public rightway as a donation to this
city has a very and they must have had

608
00:55:58,480 --> 00:56:07,440
some kind of agreement. Nobody goes out
and spends that kind of money every year

609
00:56:03,920 --> 00:56:11,599
uh on these this is a variance issue.
Why on earth would we be doing that if

610
00:56:09,920 --> 00:56:17,119
it weren't that we had some kind of
interest in it and some kind of formal

611
00:56:13,920 --> 00:56:21,920
agreement? Uh if you look at the old
CCNRs for the first part it does say as

612
00:56:19,760 --> 00:56:28,920
part of approval of this agreement we
agreed to actually

613
00:56:25,280 --> 00:56:35,839
take care of the sub outside on Graham
Road take care of that landscaping and

614
00:56:32,000 --> 00:56:40,480
that's not part of every CCNR because
there were five different tracks and

615
00:56:38,240 --> 00:56:44,880
it's very complicated as Lisa knows
she's spent her life last few months

616
00:56:42,720 --> 00:56:49,119
trying to figure this out and these
papers which he did not know about no

617
00:56:47,119 --> 00:56:54,160
conspiracy here he just found out last
night and it's a good thing this isn't

618
00:56:51,200 --> 00:57:00,079
public process we we didn't know Mr.
girls and got concerned. He went around

619
00:56:57,000 --> 00:57:03,440
and rallied the troops. And so now we
know more. And we wouldn't have known

620
00:57:01,680 --> 00:57:07,760
this if my husband hadn't gone around to
try to find out what people did know or

621
00:57:05,280 --> 00:57:11,760
didn't know. So there we go. And so this
is part of the public process. It's

622
00:57:09,599 --> 00:57:16,799
nothing that anybody should be concerned
about. We're finding information.

623
00:57:14,880 --> 00:57:19,799
Fine. Okay. Thank you. Well, perfectly
timed.

624
00:57:26,640 --> 00:57:32,359
You have any questions? Oh, no. Thank
you.

625
00:57:35,040 --> 00:57:37,599
Uh, Ted

626
00:57:49,000 --> 00:57:56,319
Olsson.
Morning. Ted Olsen, 810 East Colin

627
00:57:54,160 --> 00:57:59,119
Avenue, Medical Lake, Washington. Okay.
And do you swear or affirm any testimony

628
00:57:58,000 --> 00:58:02,480
you'll give me? The truth, the whole
truth, and nothing but the truth. Very

629
00:58:00,799 --> 00:58:06,880
true. All right. Please proceed. Thank
you. Good morning. Uh, and I want to

630
00:58:04,640 --> 00:58:12,400
thank you for affording me the time to
uh speak on the Fox Ridge variance and

631
00:58:09,839 --> 00:58:17,359
I'm speaking for myself as an unofficial
representative of the homeowners at

632
00:58:14,480 --> 00:58:22,640
Foxbridgeidge Developments.
two major reasons not to approve the

633
00:58:19,520 --> 00:58:27,280
variance. Number one is the monument
could be harmful harmful to the public

634
00:58:25,400 --> 00:58:31,839
welfare. I have lived in this
development for 10 years. I've lived in

635
00:58:28,960 --> 00:58:35,160
the medical lake area for 32 years and
been a resident of Eastern Washington my

636
00:58:33,839 --> 00:58:41,359
entire
life. because of poor driving or before

637
00:58:39,359 --> 00:58:47,200
uh excuse me be uh because of poor
drainage. Winter snow and ice form

638
00:58:44,079 --> 00:58:52,079
around the medium. Every winter at least
one person slides into that media, me

639
00:58:49,720 --> 00:58:57,720
included. It's solid ice. There's no way
for it to drain. And if we add snow to

640
00:58:54,960 --> 00:59:03,040
the problem, it makes it even more
hazardous. A wheel light a wheel

641
00:59:00,480 --> 00:59:08,400
alignment cost uh is much less than a
crash into a proposed monument.

642
00:59:06,799 --> 00:59:13,680
I've been a school bus driver, a
substitute school bus driver for Medical

643
00:59:10,559 --> 00:59:20,160
Lake for the last nine years. In a
40-foot school bus, that corner, Graham

644
00:59:16,480 --> 00:59:25,440
Road and Fox Ridge Road, is difficult to
manage in the best of conditions.

645
00:59:23,119 --> 00:59:30,480
Although I have never hit a curb of the
median, the front of the bus usually

646
00:59:28,079 --> 00:59:36,280
sticks out into the median to avoid the
back tires on the passenger side from

647
00:59:32,880 --> 00:59:42,680
going over the media over the
curb. At this time, I'd like to read a

648
00:59:39,440 --> 00:59:48,480
short statement from uh Katherine
Bivven. She operates the position of

649
00:59:46,000 --> 00:59:52,960
driver trainer and she's a longstanding
member or driver in the medical lake

650
00:59:50,720 --> 00:59:56,960
school district. Having both trained
drivers in Medical Lake and been

651
00:59:54,640 --> 01:00:01,680
specifically contracted to the Fox Ridge
route for at least two years, I would

652
01:00:00,000 --> 01:00:06,400
like to state it is my personal opinion
that having any type of monument in the

653
01:00:03,920 --> 01:00:11,599
median at the entrance to Fox Ridge
could definitely be a distraction or a

654
01:00:08,720 --> 01:00:15,680
hazard to drivers. This is one of the
most precarious turns I make in Medical

655
01:00:13,520 --> 01:00:19,839
Lake with a bus due to the combination
of the angle you approach the street

656
01:00:17,200 --> 01:00:24,240
from Graham Road and the maneuvering you
have to do onto the street without

657
01:00:21,599 --> 01:00:27,760
running into the median. This is
particularly precarious in the winter

658
01:00:25,920 --> 01:00:33,440
months where there is snow on the
ground. It is my belief that it is not

659
01:00:31,119 --> 01:00:38,280
an optimal location for a seemingly
unnecessary and visually obstructing

660
01:00:35,520 --> 01:00:45,599
object of any sort. Thank you for your
consideration. That's Katherine Bivven.

661
01:00:41,200 --> 01:00:49,440
I also spoke with my uh boss and this
week unfortunately I had to take the

662
01:00:47,119 --> 01:00:53,440
morning off to come here. They are very
short-handed and the state patrol is

663
01:00:50,960 --> 01:00:57,280
inspecting all the buses. So otherwise
my boss would have been here also to

664
01:00:55,839 --> 01:01:02,400
testify the same thing that I'm
testifying to.

665
01:01:00,000 --> 01:01:06,480
And as my wife pointed out this morning,
I watched a bus go around the corner

666
01:01:04,000 --> 01:01:11,760
because I took some pictures at the at
the bottom of the

667
01:01:07,640 --> 01:01:16,280
hill for another purpose. And I saw bus
number 28 come around the corner nice

668
01:01:15,280 --> 01:01:21,359
and
smoothly. And he his back tires did not

669
01:01:19,040 --> 01:01:26,799
hit the curb. His front tires did not
hit the medium, but the front of the bus

670
01:01:23,680 --> 01:01:31,040
stuck over into the medium that far. it
would have hit any monument that is

671
01:01:34,200 --> 01:01:41,000
there. One more item is worth
mentioning. There are two utility access

672
01:01:38,880 --> 01:01:46,559
covers between the median and Graham
Road. And having worked as an equipment

673
01:01:43,520 --> 01:01:52,559
operator my life for Washington State, I
can tell you that the the

674
01:01:49,559 --> 01:01:56,240
median's monument would be in jeopardy
if there's any digging that has to be

675
01:01:54,160 --> 01:02:01,760
done there. And I was also told by a
city maintenance worker that there's

676
01:01:58,799 --> 01:02:05,160
possibly a water mane line in the
proximity of where the proposed monument

677
01:02:03,680 --> 01:02:10,319
is going to
be. And we all know that these things

678
01:02:07,920 --> 01:02:15,799
break once in a while. But and I also
have two more pictures. Can you bring

679
01:02:12,000 --> 01:02:15,799
those pictures up, please?

680
01:02:20,880 --> 01:02:26,000
I took two pictures this morning for
your

681
01:02:28,599 --> 01:02:36,079
consideration. One reason
for

682
01:02:33,319 --> 01:02:42,160
please. Now the one one shows the sewer
line which is just a couple of feet uh

683
01:02:39,760 --> 01:02:45,680
right in front of the media. This the
other picture shows a water line which

684
01:02:43,839 --> 01:02:49,040
is further out but that's a different
water line.

685
01:02:47,040 --> 01:02:55,160
If you go back to the bigger one where
the sewer line is right there, you'll

686
01:02:51,280 --> 01:03:00,480
notice a crack in the in the uh
asphalt just slightly behind about where

687
01:02:57,839 --> 01:03:05,119
this where this monument is proposed.
And this is where the speculation lies

688
01:03:03,040 --> 01:03:09,760
and I don't know for sure yet, but they
said there's probably a big main water

689
01:03:07,119 --> 01:03:14,880
line that goes underneath right there.
Definitely.

690
01:03:11,680 --> 01:03:19,280
Okay. Uh I think that's all I had
anyway. So that was perfect timing.

691
01:03:16,559 --> 01:03:23,240
Thank you for your time. I appreciate
Thank you, sir. Thank you.

692
01:03:23,839 --> 01:03:29,760
All right. Is there anyone else uh
present here who didn't sign up who

693
01:03:27,200 --> 01:03:32,079
wishes to testify?
You do,

694
01:03:32,760 --> 01:03:39,359
sir. Um we'll get you to I'll get you to
come up and you can set your name for

695
01:03:37,280 --> 01:03:43,760
the record. Then I'll have you sign up
on here as well.

696
01:03:41,920 --> 01:03:47,920
You can you can sign it uh write your
name down after you're done testifying.

697
01:03:45,440 --> 01:03:56,880
Okay. Good. Thank you.
My name is Scott Quigley and um I live

698
01:03:51,680 --> 01:04:01,760
in that area on on Terra Lee Boulevard
at the top of the hill. It's 1012 is the

699
01:03:59,839 --> 01:04:04,240
actual address. Okay. Do you swear or
affirm any testimony to give me the

700
01:04:03,119 --> 01:04:09,039
truth, the whole truth, and nothing but
the truth? Yes, I do. Okay. Please

701
01:04:05,839 --> 01:04:14,559
proceed. So, I had a couple of comments
um that came about from other people

702
01:04:12,319 --> 01:04:23,839
making comments.
One one of those comments was that

703
01:04:18,440 --> 01:04:31,000
the the signage, the monument that it
was uh going to be at the primary

704
01:04:27,559 --> 01:04:39,000
entrance because of where I live on
Teri. Uh I'm able to see a lot of the

705
01:04:34,559 --> 01:04:44,599
traffic uh that goes up and down that
street. And uh had I known I was

706
01:04:42,400 --> 01:04:51,520
actually going to
um speak today, I might have gone out

707
01:04:48,000 --> 01:04:56,880
there yesterday and counted cars. So I I
don't have an official count. I just

708
01:04:53,920 --> 01:05:05,599
know it's a lot because every time they
come up, the lights shine right in the

709
01:04:59,839 --> 01:05:12,480
windows of our house. Um so um there are
at least what I would think three

710
01:05:08,559 --> 01:05:18,000
primary entrances and um and so we're
leaving with this proposal and what's

711
01:05:15,680 --> 01:05:26,760
being talked about today. We're actually
leaving two uh of those entrances out of

712
01:05:23,119 --> 01:05:26,760
the of consideration.

713
01:05:27,599 --> 01:05:38,640
And then
um I I just wanted to uh say I have

714
01:05:35,359 --> 01:05:44,799
excuse me uh I have um opportunities to
go to the homeowner association meetings

715
01:05:41,680 --> 01:05:51,440
and someone said oh gosh it's been on
the agenda many times and and we talk

716
01:05:49,039 --> 01:05:57,520
about you know plenty of opportunity for
all the homeowners to have heard that

717
01:05:54,039 --> 01:06:03,119
information. I I I disagree. I I'm a
homeowner and and I and I've been to to

718
01:06:00,559 --> 01:06:08,880
some of the meetings. Not not didn't
make it to every single one of them, but

719
01:06:04,799 --> 01:06:15,520
to to many of them. But I uh suspect
that somewhere because there's always an

720
01:06:12,079 --> 01:06:21,039
agenda. There's a written agenda that
must be a document that we could

721
01:06:17,920 --> 01:06:26,920
probably easily lay our hands on to see
in fact if everybody did have as much

722
01:06:24,160 --> 01:06:35,520
opportunity as as we're
uh leading ourselves to believe. So uh

723
01:06:31,680 --> 01:06:41,680
so that's all I have to say and I'll
sign the yes please. Thank

724
01:06:39,160 --> 01:06:46,039
you. Is there anyone else who's present
here who wishes to provide testimony?

725
01:06:54,559 --> 01:06:56,880
Do you

726
01:07:01,960 --> 01:07:10,480
have
to issue more?

727
01:07:07,839 --> 01:07:14,559
But how often have we had All right.
Yeah. Um I I'll circle back if he

728
01:07:12,960 --> 01:07:19,760
changes his mind before I close public
comments. So I'll consider it. But is

729
01:07:17,200 --> 01:07:24,720
there anyone on Zoom who is there anyone
even connected to Zoom?

730
01:07:22,559 --> 01:07:30,079
City administrator.
Okay.

731
01:07:27,680 --> 01:07:33,039
All right sir. Uh so I am about to close
public comment. So now will be the last

732
01:07:31,760 --> 01:07:37,280
chance if you want to give public
comment.

733
01:07:35,440 --> 01:07:45,240
I just wanted to corroborate my
statement that there have been

734
01:07:39,960 --> 01:07:45,240
many corroborate that statement I made.

735
01:07:46,640 --> 01:07:54,799
Let me state your name and address for
the record and I'll have you sign. Dana

736
01:07:49,720 --> 01:07:57,760
D'vorak. I live at 106 Fox Ridge Road
Medical Lake. Okay. Do you swear affirm

737
01:07:56,559 --> 01:08:00,640
any testimony you give to be the truth,
the whole truth, and nothing but the

738
01:07:58,720 --> 01:08:08,000
truth? I do.
uh just as per the

739
01:08:04,720 --> 01:08:13,760
uh incidents of opportunities that have
been put out there, the putting in this

740
01:08:10,480 --> 01:08:19,920
uh monument has been something I I
started living in the HOA in 2010. Uh I

741
01:08:17,120 --> 01:08:26,319
got involved with the HOA board in 2011
when web properties uh have been hired

742
01:08:22,480 --> 01:08:31,120
as our management company uh because I
felt like I needed to be involved with

743
01:08:28,400 --> 01:08:36,319
that particular thing. Um I had never
been on a board before or dealt with an

744
01:08:32,960 --> 01:08:42,560
HOA before uh in any kind of capacity
but um I know that there have been many

745
01:08:40,319 --> 01:08:49,120
uh meetings when we had web properties.
We did quarterly meetings uh up to the

746
01:08:45,199 --> 01:08:55,120
point uh just before COVID um when 2019
when we closed out uh the contract for

747
01:08:51,920 --> 01:09:01,839
web properties. But during several of
those meetings uh over the years it had

748
01:08:58,560 --> 01:09:07,440
been brought up by homeowners suggesting
that we need to look into getting a

749
01:09:04,960 --> 01:09:15,040
monument placed out there. people
discussed different various types and

750
01:09:10,319 --> 01:09:20,560
you know big boulders and whatnot. Um
uh in 2019 when uh we got rid of web

751
01:09:18,080 --> 01:09:26,480
properties and I started uh doing the
majority myself uh Nicole Richards uh

752
01:09:24,080 --> 01:09:31,839
Glenn was on the board for a while. Ted
had been on the board for a while uh

753
01:09:29,239 --> 01:09:36,640
Monica there's a number of folks in our
neighborhood.

754
01:09:33,159 --> 01:09:43,440
Um those items had been brought up in a
number of meetings but as she said

755
01:09:40,279 --> 01:09:49,839
um a lot of times they never went
anywhere because the HOA is all

756
01:09:46,920 --> 01:09:56,080
voluntary. I don't know anything about
like the procedure of what he went

757
01:09:52,560 --> 01:09:59,120
through to get us to this point. The
best I would have been able to do is go

758
01:09:57,600 --> 01:10:03,199
and try to get an estimate on what it
would cost for the monument itself. Um

759
01:10:01,440 --> 01:10:07,679
but nobody ever picked up the project
and carried it forward. So it kept

760
01:10:05,360 --> 01:10:15,120
getting mentioned here and there uh at
the meetings uh since I had taken over

761
01:10:11,360 --> 01:10:20,560
and I send out uh a newsletter or brief
on specific things for that particular

762
01:10:17,440 --> 01:10:27,679
quarter when I send out the quarterly uh
invoices for the HOA dues to homeowners

763
01:10:24,159 --> 01:10:35,120
uh whether it be by email or uh by mail
more recently. Um, and it doesn't list a

764
01:10:32,480 --> 01:10:42,800
lot of information regarding it, but it
would be um, hey, we're continuing to

765
01:10:38,960 --> 01:10:47,719
look at uh, yeah, moving forward with
this. We found out this uh, our annual

766
01:10:46,640 --> 01:10:52,960
meeting in
2024. Uh, Carl had come to the meeting

767
01:10:50,640 --> 01:10:59,520
to give an update on it. He had started
working on it in

768
01:10:55,080 --> 01:11:04,159
20 2022 2023 time frame with uh going
out and talking to people here and

769
01:11:01,280 --> 01:11:07,800
there. It wasn't like a fast-paced
project that we're trying to get done

770
01:11:05,960 --> 01:11:14,159
immediately.
Um but it has been put out there. Um

771
01:11:12,080 --> 01:11:20,239
invites are sent to every homeowner for
the annual meeting. Uh we typically get

772
01:11:17,840 --> 01:11:24,159
about 12 people that actually show up
and that probably constitute actually

773
01:11:21,920 --> 01:11:27,920
about seven homes because usually
husband and wife will come.

774
01:11:28,280 --> 01:11:36,320
Um I don't know what else to say about
for various portions. Um you sent me six

775
01:11:34,159 --> 01:11:42,480
messages that showed it. That's all
that's all I wanted to say. I do have

776
01:11:38,400 --> 01:11:46,719
copies of like some of the uh meeting
minutes that do have references on them.

777
01:11:45,120 --> 01:11:50,480
I'll take a look. I I might not admit
this to the record, but I'll take a look

778
01:11:48,159 --> 01:11:57,040
and see whether I should or not. Um
there's an agenda for the 2024 meeting

779
01:11:53,679 --> 01:12:04,960
in there. Um one of the newsletters that
I sent out most recently in December for

780
01:11:59,840 --> 01:12:11,280
the first quarter 2025 dues. um that
each of those have a mention of the

781
01:12:08,080 --> 01:12:18,800
monument project or the uh update to be
given by uh Mr. Mson at the meeting for

782
01:12:15,880 --> 01:12:23,520
2024. Those types of instances I just
wanted to prove. Yeah, ma'am. I'm sorry.

783
01:12:21,440 --> 01:12:27,920
Your your public comment portion is is
over. Um

784
01:12:26,480 --> 01:12:30,960
yeah, I appreciate you bringing these,
but I don't think I'm going to the

785
01:12:29,120 --> 01:12:33,280
record. No, no, it's okay. Thank you
very much. All

786
01:12:38,880 --> 01:12:46,480
right, that is going to conclude our
public comment portion of today's

787
01:12:43,400 --> 01:12:51,679
hearing. U we're going to move uh back
to an opportunity for both uh Miss

788
01:12:48,800 --> 01:12:58,360
Rodriguez and Mr. Mson to provide
rebuttal testimony. Mr. Rodriguez, do

789
01:12:53,920 --> 01:12:58,360
you want to uh make any comment?

790
01:13:02,080 --> 01:13:08,080
I just wanted to offer since you're
intending to leave the record open that

791
01:13:05,760 --> 01:13:11,840
I could contact the school district. I
hadn't gotten comment at this point, but

792
01:13:09,679 --> 01:13:17,040
I could contact them to see if they
would like to make written um statement

793
01:13:14,719 --> 01:13:24,640
regarding their position on school
buses. Okay. Back here. Oh, sorry. I I

794
01:13:21,520 --> 01:13:28,640
was making the offer to contact the
school district to get an official

795
01:13:26,480 --> 01:13:33,199
statement on their position regarding
school buses in this particular

796
01:13:30,159 --> 01:13:39,840
intersection. Okay. Yes. And actually I
was going to discuss this um because we

797
01:13:36,480 --> 01:13:44,520
don't have uh we did get your uh comment
I think Monday from the public works

798
01:13:45,800 --> 01:13:52,640
um fire access was brought up. So maybe
a comment from the fire department would

799
01:13:50,960 --> 01:13:57,920
be appropriate as well. I can contact
you also. Um so I'm going to direct you

800
01:13:55,520 --> 01:14:02,480
ask I guess um and leave the record open
for you to submit comments from uh I

801
01:14:01,120 --> 01:14:06,480
guess the school district or whoever is
responsible for the buses district and

802
01:14:04,000 --> 01:14:09,760
fire district 3. Yes. Okay. Um make sure
we get those comments on the record and

803
01:14:07,920 --> 01:14:15,920
anyone else you might think is
appropriate to have their comments on

804
01:14:11,600 --> 01:14:21,679
the record. Um please uh request
comments from them. We'll do. Um, and

805
01:14:18,159 --> 01:14:24,960
then I'm also going to ask if um, you
can retrieve for the record a copy of

806
01:14:23,280 --> 01:14:27,679
the final plat and any documents that
were recorded with it. So, we can have

807
01:14:26,159 --> 01:14:32,320
that on file and I can take a look at
that and maybe compare it to whatever

808
01:14:29,600 --> 01:14:36,800
we're able to get from the applicant or
one of the one of the neighbors. Um, so

809
01:14:35,199 --> 01:14:42,320
I can take a look and see if there's any
differences in the the final plat as

810
01:14:38,800 --> 01:14:46,320
well. So, anything else from you? No.
Thank you. Okay. I'll go over this at

811
01:14:44,239 --> 01:14:50,880
the end to to make it official about
what I'm leaving leaving the record open

812
01:14:47,840 --> 01:14:50,880
for. So, thank

813
01:14:51,000 --> 01:14:56,719
you. Uh, Mr. Mson, any rebuttal
testimony? And then I I think you're

814
01:14:55,360 --> 01:15:00,000
going to get the last word also. So,
we'll make this your opportunity to

815
01:14:58,159 --> 01:15:05,800
provide for further further testimony
and then you can have a final word on

816
01:15:02,560 --> 01:15:13,440
your application.
Uh as far as placement of the proposed

817
01:15:10,280 --> 01:15:19,280
um entry monument, we took into
consideration that there might be some

818
01:15:16,560 --> 01:15:25,480
problem with overlap. The distance
between the edge of the front of the

819
01:15:21,920 --> 01:15:32,320
entry monument, excuse me, the center
island and the entry monument is 14 ft.

820
01:15:30,480 --> 01:15:38,960
So, we really shouldn't have too much
trouble there as far as unless you know

821
01:15:34,719 --> 01:15:43,520
somebody just plows into it. Uh, with
regards to

822
01:15:40,360 --> 01:15:47,320
utilities, obviously we would check with
a vist to make sure that we weren't

823
01:15:45,280 --> 01:15:52,880
disrupting
anything.

824
01:15:49,719 --> 01:15:59,920
Um, I will say what the the the
statement was made that everybody is

825
01:15:55,840 --> 01:16:06,080
opposed to this. I took yesterday north
of Tara Lee. They were all very very

826
01:16:02,560 --> 01:16:10,800
much in favor of it. So, and that I'm I
kind of understand the reason for that,

827
01:16:08,239 --> 01:16:16,400
but I won't get into that now. Thank
you. Okay. Um, and just real quick, have

828
01:16:13,520 --> 01:16:20,159
you stay up here? Um, so I am going to
uh request that you I know I already

829
01:16:18,480 --> 01:16:24,080
said this, but just to have it official
on a record, I'm going to request that

830
01:16:21,679 --> 01:16:29,199
you try to achieve uh whatever documents
it is. Is it is it possibly a final

831
01:16:26,400 --> 01:16:32,480
approval decision for the final plat or
is it do you remember off the top of

832
01:16:30,719 --> 01:16:37,760
your head what what the I don't remember
off the top of my head but that's very

833
01:16:34,560 --> 01:16:42,239
probable. She had a lot of stuff. Okay.
Um I guess I'll ask you to be over

834
01:16:40,400 --> 01:16:45,120
inclusive. If it turns out it's not
really relevant to me. That's fine.

835
01:16:43,520 --> 01:16:50,400
We'll just make it part of the record.
So, whatever you can get that is part of

836
01:16:47,360 --> 01:16:55,679
the final plat final plat decision, any
associated agreements, um please uh make

837
01:16:54,080 --> 01:17:00,400
sure you get those and and we'll get
those into the record and I will review

838
01:16:57,280 --> 01:17:05,440
them. Sure, I will do that. Okay. And
then one final question. I know this is

839
01:17:02,000 --> 01:17:09,600
probably more at permit time, but can
you say for the record where you're

840
01:17:06,800 --> 01:17:13,679
intending along the median to put the
the monument sign if it were approved?

841
01:17:12,159 --> 01:17:18,560
at the front, at the back, in the
middle. 14 feet from the front. 14 ft

842
01:17:17,280 --> 01:17:25,760
from the front of the start of the
median. Yeah. And the uh I know that if

843
01:17:22,239 --> 01:17:32,040
you took out the 3 and 1/2 ft uh depth
of the median, there'd be about 85 ft

844
01:17:29,440 --> 01:17:36,880
left in the center
island. Okay. So again, that's if if

845
01:17:35,199 --> 01:17:41,199
approved, that's something that probably
would be addressed in that process.

846
01:17:38,960 --> 01:17:46,840
Okay. All right. Any final word on your
application? No. Okay. All right. Thank

847
01:17:43,840 --> 01:17:46,840
you.

848
01:17:51,120 --> 01:17:57,840
All right. Thank you all for coming
today and testifying.

849
01:17:54,920 --> 01:18:00,960
Um, as I stated before, but uh, just
for, you know, my own legal purposes, I

850
01:17:59,760 --> 01:18:05,760
want to make sure this is really clear
in the record. Um, I'm I'm leaving the

851
01:18:03,520 --> 01:18:09,840
record open only for the specific
purposes I've outlined before. I'll

852
01:18:07,199 --> 01:18:13,199
state them again. Um, but this is not an
There will be no other opportunity for

853
01:18:11,199 --> 01:18:17,520
public comment or submitt of comments.
Uh I am only leaving it open for the two

854
01:18:15,199 --> 01:18:21,920
for the things I requested uh from the
city which are some comments from

855
01:18:19,600 --> 01:18:26,080
possibly affected departments. Uh make
sure we have their written comments on

856
01:18:23,679 --> 01:18:32,000
the record at least at this time. Uh
fire fire department and school district

857
01:18:28,320 --> 01:18:39,120
and any anyone else. Miss Rodriguez um
reason reasonably determines uh should

858
01:18:34,400 --> 01:18:42,239
should be um contacted um as well as
I've directed her to get a copy of the

859
01:18:40,880 --> 01:18:46,560
final plat and any other recorded
documents that may shed some light on

860
01:18:44,400 --> 01:18:52,800
this. And then as well as I've directed
the applicant um to submit any of the

861
01:18:49,520 --> 01:18:55,920
records he um says he located yesterday
that have to do with approval of the

862
01:18:54,000 --> 01:19:00,800
final plat. Other than no specific
items, uh no other no other documents or

863
01:18:58,320 --> 01:19:04,719
comments will be admitted to the record.
So for the rest of the record, uh it's

864
01:19:02,960 --> 01:19:10,159
closed remaining open for those limited
purposes. And staff presentation. Uh

865
01:19:08,000 --> 01:19:13,120
yes. And also thank you uh for the
administrative matter. So the staff

866
01:19:11,520 --> 01:19:18,080
presentation will also be made a part of
the record. Uh so it is uh open until

867
01:19:16,239 --> 01:19:22,640
for that item as well until we receive
it. Um other than that, any other

868
01:19:20,480 --> 01:19:27,600
administrative matters? No. Uh anything
else from the city? No.

869
01:19:24,840 --> 01:19:32,560
Okay. All right. Thank you. With that,
um, I'm going to close, uh, the hearing

870
01:19:29,840 --> 01:19:35,679
and we are now adjourned. Thank you.
Thank you.