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The AV catheter.

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I see.

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How do you spell that?

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No, I've got it. So I'm gonna, uh, once we get down there, just put the boys up and

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say I'm gonna have. Uh, a member, member, it, uh, introduce yourselves, OK, and then

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I'm gonna do the same thing, OK, OK, cool.

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Do we need to use the mic or the automatic? I thought, I thought this would be they're

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all gone.

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Yes, they're they're not automatic. They're gone. They're gone and applicant.

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No, no, just participating, we're,

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we, we own the lot next to work.

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OK. Our study commission just in the water. I yeah we are. We have been there he

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is. OK, that's fine. And then I come in

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that test. They were like, so no one asked why just for recording sheet I didn't

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know what they told recording in progress.

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No, I did it for her. I'll that's a picture. That's a good thing because they don't

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arguably could be the best looking guy here at 6 o'clock. They can minimize it a

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little bit. And then I didn't last thing, always make sure to ask for public comment.

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I don't know if you're gonna be the chairman. It looks like. Just make sure to ask.

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You can stop recording. Just click is the same color as mine man. the recording stops.

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It's one of those things that complies with Montana law, OK, um, so you're gonna

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have to make it little so you can grab it and put it over here.

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So if we have questions let our people in. Yeah,

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OK, OK. Is this supposed to also be on uh AMD?

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Yeah, AB is on. It's recording. It's on, yeah, and we'll just kind of go over on

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the day. Ok.

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Yeah

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I think you got it. Um, you're ready for me to go to my, let's take notes feedback.

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I don't know. You ready?

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I think we're just trying to let some people in. Yeah.

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OK.

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Hello, Roger. I did.

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Hey Roger. Hey, exit full screen. There you go. Now you better.

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Testing. You're on.

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Very good. First, um, who would like copies of the, um, staff report?

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Since she went through the effort of doing it. Um I wanted to raise.

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There you go. This is

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for. It's right. Yes. Uh, with you. And you're good. And, unless you have a copy.

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I do. Why not? Yeah.

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Yeah. Right, you guys are good. Yeah.

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Paper. Yeah. Yeah. That's fine.

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Let me start.

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Yeah.

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I'd like to call to order the Board of Adjustment public hearing, uh, April 7th,

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2026 at a little after 6 o'clock. If you would please stand and join me in the court.

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I pledge allegiance to the flag of the United States of America and to the Republic

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for which it stands, one nation, under God, indivisible, with liberty and justice

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for all. Thank you.

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So. If you have the agenda, we'd like to move

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two things from the agenda. Number would be 5 on public comment. I'd

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like to move that to right after 4.

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And also with that, uh, staff, um, Rod Eddington would,

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uh, give us a little talk on. AV capture. If, uh If

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that is OK with everybody. Yes. Yeah, um-hum. The motion to approve that to approve

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the agenda of revised agenda. OK. All in favor. Aye, aye opposed,

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carried. OK. Uh, I guess we'll do is we'll just go right into,

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um. Well first of all, uh, before we do that, I'd like to welcome everybody. um,

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if you'd like to, uh, introduce yourself, uh. Board members. Oh, Dale Store.

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Jim Reistetter, I'm Larry Ashcraft. Pete Ridgeway, and we have, uh, on Zoom.

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Roger Roger Redford. No, can they hear us? Can you folks on Zoom hear us?

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OK, um, I have you turned down so the the mic's not super loud, but I'll turn you

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up, uh. For public comment, um. And or during discussion.

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OK, so, uh. Ex parte communications with uh City Attorney Dave

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Mickey. Good afternoon commissioners. um, thank you for being part of the board of

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adjustments. So I'm just going to elaborate a little bit on ex parte communications

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given the fact that you are in a quasi-judicial, uh, position. So ex parte communications

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is basically one-sided communications given to you that were intended to affect your

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decision and as a judge, you should be hearing everything here and it's presented

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in the packet, uh, and all that information can be included, right? So we're trying

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to prevent the one-sided communications. We don't want any secret communications.

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Um, and what, what, what happens is here is what do, what do you do if you have spontaneous

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communications? What we're trying to do with spontaneous communications are those

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people who say, hey, I want to tell you my side of the story. I don't think it was

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included in the packet. I have a public comment. I don't think it was included, or

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I want to discuss something or let you know about something. And what we want to

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try to do in that situation, right, because that may. or may not sway your case,

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you may hold it factory base, you know, it might be a factual basis in which does

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affect your decision, um, is that we try to funnel it back to the city clerk, so

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we can include it in the packet, or so we include that we received some public comments

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along this line, so that everyone is aware of it. So everyone gets that information.

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And so you guys can all make a decision based on all the available information that

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is available. And so what we're trying to do is make it as fair as possible for all

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parties involved. When they come to bring this information to you so you don't feel

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it's too one-sided. Right, so expert target communications is usually communications

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from one party that the other party does not receive in the hopes that they may make,

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you know, may affect your, um, their, your judgment to their either to their benefit

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or not. So, and what we're trying to do is stay away from ex parte communications.

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So I would say about 1 week or 2 weeks ago the email chain went around with regards

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to emails and arguments with ex parte communications and why we should stay away

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from emails because that may raise ex parte communications which then becomes subject

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to whether or not there's a fair process, you know, uh, fair and due process that's

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occurring. So when we do receive those spontaneous communications or email public

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comments, we should file them back to the city clerk who's authorized to receive

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those comments and try to include them in this packet, and if we can't include them

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in the packet by the deadline, to at least bring them into the meeting so we can

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let them know we received this public comment, this public comment, and this public

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comment that will be included in the next packet

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or be available at the within the next time frame of the meeting.

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You know, I, I talked about ex parte communications. I'm the city attorney. I know

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about it. I've been dealing with ex parte communications for 10 years, um, and I

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guess what I ask, do you have any. You know what I mean, any questions, right?

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Yeah, yeah, Any participation that we might have that we, during the

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Talks here that somebody got up and said things that weren't in the packet. How do

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we handle that? That is perfectly fine, not an ex parte communication because this

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is the form where it gets decided. This is when it, this is when it matters, right?

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People are free to say anything here. It's not on you're actually holding proceedings

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not considered ex parte communications because it's in a public form. It was noticed.

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This is the hearing date. This is where you're gonna either make a decision. Um,

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down ex parte communication here, what we have to worry about is those, you know,

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7 o'clock phone calls or emails, letters that get slid under the door. Um, we just

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try to wanna if any of that happens, we note it and just try to funnel it back to

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the city clerk so that everyone has a chance to hear it. So and then just so that

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we can be we follow the, you know, the very due process of this quasi-judicial board.

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OK.

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Thank you. Any, any questions? No questions? OK. My members on Zoom?

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Any questions on Zoom?

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No questions. All right. OK. Any, any public comment?

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No, OK. Thanks, thanks, uh, Dave. So Rob, you're on, yeah,

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OK, so I asked to put this item on the agenda. This is a non-action item, so it doesn't

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need to be, uh, noticed, etc. um. What I'm going to do is just give a real brief

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presentation on a recapture. Um, this is what you see here. This serves as our official,

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um, minutes for, uh, city meetings. So this includes the city commission, the board

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of adjustment, the planning board, some of the other boards, um, and it is available

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on our website, and this is how we, uh, distribute our staff. Um, reports to our

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city commission, board of adjustment, etc. So anyway, I'll start with a, a, uh, a,

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a blank web page.

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Um,

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And currently this based on the city of Polson's current size, we're only required

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to do the audio minutes, um, but at some point in time cities of an additional size,

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um, when they come form a class too if I understand correctly. Um, they're also required

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to have video and so we're not required to have video yet, but we're transitioning

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so you can see both audio and video. So here's the City of Polson's website. This

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is cityof Polson.com. You'll notice under meetings, there's several ways to get there,

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but usually I click on the meetings tab. And so what you'll have here, welcome to

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the city of Polson meeting page. And what you'll see is you'll see past meetings,

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um, this, these, these are past meetings since, um, the city's transitioned to,

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uh, so you'll see past, uh, commission meetings, etc. so you'll be able to see last

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night's meeting, for example, workshops when we, I believe this was with with the

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golf, etc. so you'll be able to see. Um, past meetings on here you'll see today's

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meetings as well as upcoming meetings and so for the board of adjustment a week prior

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what we did is under upcoming you could go to the board of adjustment and click on

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it. Um, there's both the agenda. As well as the agenda packet, so I'll go back to

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today's. So here we see. Um, the agenda, we click on it, it downloads as a PDF and

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so here you'll be able to see, um, the agenda that was posted online, um, and we

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did make the change where we moved the public comment on items not on the agenda

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up in front as well as adding this item, so you can see the agenda. And then, uh,

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as well as this button here is the agenda packet.

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Which allows you to uh download the packet as a PDF view and print. Um, if you so

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desire. Um, also, then when the meeting is live, um, this is just for your information,

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uh, for your commission meeting if you're not able to make the meeting and you still

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want to attend, for example, you can click on the meeting and so this is, uh. This

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is the live meeting, so, uh, AD capture does not allow you to uh.

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Participate and provide public comment. So this is basically read read only if you

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will. So if somebody was interested but weren't, they didn't want to participate,

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they just wanted to follow, you can go and you can see here I am live, um. Uh, I'm

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gonna mute this so there's no feedback, but you can download and then as well as

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when it's live, you can also, um, switch between the various application requests,

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etc. so all the documents are here and this is what you'll see following when you

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go you could actually go and also rewatch.

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Rewatch the recordings, etc. So, um, are there any questions in regards to AD capture

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at this point in time? No, thanks. You're welcome.

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Any public comment? Do you have any, any questions? OK.

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Thanks, Ron. You're welcome. OK, um. We now entertain the zoning

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variants for the Orton Family Trust. And uh with the proposed detached, detached

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garage, which will be located in their front yard. And do we have Mr. Orkland on?

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Yes, we do.

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Um, So Rod, are you ready to make your presentation? Yes, and I just want

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to confirm, um. Are we pronouncing Ortland correctly?

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Uh, Portlandt Portland Port wine wine Pt wine, OK.

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Yes, thank you. You're welcome.

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The Ortwein Family Trust represented by Jeff and Sherry Ortwein of Tulsa, Montana.

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is requesting a variance to the requirement that accessory building shall be located

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in rear yards but not in front yards. The request is associated with a proposed two-car

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garage to be located in the front of the property. The subject property is currently

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developed with a single family dwelling zoned low density residential. And located

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at 372 Hawk Drive and legally described as lot one of Brown Lakeview Tracks.

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Um In the staff report, there's a staff recommendation um at the kind of beginning

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here so after the review of the variance request, staff has provided findings and

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recommendation of denial of the variance request. If the board of adjustment chooses

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to approve the variants, the board shall provide findings of fact in support of their

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of their decision. Here you'll see recommended findings, um. And whether

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in support or denial, the, the board has the ability to add to these or modify it,

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so choose, um, based on your decisions and or public comment, etc. Um,

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there, with each variance request, there's a number of criteria. The need for the

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variance results from physical limitations or unique circumstances related to the

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lot or parcel on which the variance is requested. The failure to approve the variants

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will result in undue hardship. Because without the variant, strict compliance with

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the terms of these regulations will limit the reasonable use of the property and

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deprive the applicant of rights enjoyed by other properties similarly situated. It's

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not the hardship is not created by the applicant. Um, it will not have a substantial.

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Adverse impact upon neighboring properties, um, it's necessary to permit a reasonable

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conforming use. Granting of the variants will. Observe the spirit of these regulations.

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And the final two, which we don't see that often, additional findings may be required,

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um. For Uh, airport overlay and shoreline buffers. Um, one

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other item to note is that conditions of approval, um, may be assigned if the, uh,

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board chooses to approve the variants.

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There's a discussion on the review process, um, there's also a discussion of the,

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uh. Uh, the subject property, um.

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Here's a vicinity map. The subject property, it's located on Hawk Drive, um, at the

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intersection you'll see um into Pheasant Ridge here, um, it's. The residence located

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at kind of the top of the hill. Um, The applicants included as part of their application,

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a number of the required documents. There's a narrative. There's some technical drawings.

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You'll also see, um, there's a description here they've provided, um. Uh,

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proposed, uh, findings in support of the variants, um, as the requestee, so here

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you'll see. The applicants address the various review criteria. It's part of Lakeview

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Tracks, um, which was, uh, constructed. Um,

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Uh, which was created in 1960 as part of Brown's Lakeview track, so this predates.

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Mission Bay and Mission Bay Preserve Communities. The lot is 1.35 acres.

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It's an average of 170 ft wide by 357 ft deep. It

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was one of 17 original lots, which ranged from half an acre to, it looks like it's

211
00:21:49,092 --> 00:21:57,025
the largest acre, um, and the existing single family. Dwelling was constructed

212
00:21:57,025 --> 00:21:59,013
in 1978.

213
00:22:02,003 --> 00:22:06,939
So here you'll see, um, here's a picture of the lot, it's part of the application

214
00:22:06,939 --> 00:22:14,026
package. Um, here's a drawing of which shows the existing residence, kind of the

215
00:22:14,026 --> 00:22:21,004
driveway that comes in, um, the proposed location of the garage, and some other additional

216
00:22:21,004 --> 00:22:28,589
information. Um, here's some measurements showing the location. You'll also see Plans

217
00:22:29,089 --> 00:22:29,949
of the garage.

218
00:22:35,092 --> 00:22:42,189
So here's another, um, here's an aerial showing the proposed location. um in the

219
00:22:42,189 --> 00:22:50,076
application materials, you'll see a discussion of the. The slopes. Um, Um,

220
00:22:51,038 --> 00:22:58,589
the limited area plus the. Ability to, um, if they were the required

221
00:22:58,093 --> 00:23:05,589
garage was constructed in their rear yard as required by the regulations they would

222
00:23:05,589 --> 00:23:11,449
impact their views. Um, there's also a photo of the residence itself.

223
00:23:16,004 --> 00:23:16,319
Excuse me

224
00:23:23,199 --> 00:23:30,689
The adjacent neighboring properties were notified per the application materials include

225
00:23:30,689 --> 00:23:35,068
a certified list of the adjacent neighbors and so you'll see the neighbors that were

226
00:23:35,068 --> 00:23:42,028
notified, um, and the item was legally noticed in the paper and certified mailings

227
00:23:42,028 --> 00:23:49,089
were mailed to the adjacent neighboring. Um, property owners.

228
00:23:49,969 --> 00:23:57,006
Under staff analysis and you'll see this um. Throughout each finding, recommended

229
00:23:57,006 --> 00:24:04,459
finding. Uh, but this kind of summarizes it. The need for the variance is

230
00:24:04,459 --> 00:24:09,031
associated with the location of the existing single family dwelling being constructed

231
00:24:09,031 --> 00:24:15,869
in 1978 on the highest point on the lot, topography or steeper slopes of the rear

232
00:24:15,869 --> 00:24:20,859
yard, and impact the structure will have on the applicant's view, in particular of

233
00:24:20,859 --> 00:24:27,013
the lake and insufficient area on the side yards. However, there are no physical

234
00:24:27,013 --> 00:24:32,017
limitations or unique circumstances related to the lot that would prohibit a 2-car

235
00:24:32,017 --> 00:24:37,239
garage to be attached to an existing single family dwelling without the need for

236
00:24:37,239 --> 00:24:41,479
a variance in compliance with the Pulse and Development code. There are numerous

237
00:24:41,479 --> 00:24:48,209
other similarly sized garages and shops within Browns Lake View tracks and neighboring

238
00:24:48,209 --> 00:24:53,939
subdivisions um attached on the front door street side of single family dwellings,

239
00:24:54,028 --> 00:25:01,949
um, as a result. Um, The, uh, the city of Polson has recommended

240
00:25:01,949 --> 00:25:08,979
denial. Prop is that what does the code say about court cry just can be placed. Um,

241
00:25:09,018 --> 00:25:14,079
the code requires that accessory buildings are not located in setbacks and they must

242
00:25:14,079 --> 00:25:21,002
be located in the rear of the. Um, the rear of the house, or

243
00:25:22,459 --> 00:25:25,075
is there exception to that? Can you ask, um Dave to speak up.

244
00:25:27,489 --> 00:25:28,004
They

245
00:25:33,089 --> 00:25:40,065
So just to benefit the board from, so Rob is responsible for reviewing the regulations

246
00:25:40,065 --> 00:25:45,449
with regards to this. He tries to do it in neutral balance and so just as we get

247
00:25:45,449 --> 00:25:49,093
more familiar with that regulation with accessory dwelling units, including garages,

248
00:25:50,017 --> 00:25:54,029
is that garages are supposed to exist in the backyard. However, there is an exception

249
00:25:54,029 --> 00:25:58,739
that garages can exist in the front yard if you're attached to the property. That

250
00:25:58,739 --> 00:26:06,004
attach may be a tunnel of sorts. Uh, it can be directly connected. It can be,

251
00:26:06,091 --> 00:26:11,017
you know, you could have an entryway legging and as we're because we look at some

252
00:26:11,017 --> 00:26:16,043
crutches here that they would be considered in the front yard. Um, they are attached

253
00:26:16,569 --> 00:26:21,239
or right here where they just have a kind of a pathway overhead, you know, with a,

254
00:26:21,025 --> 00:26:27,029
um, over the head or enclosed pathway, you know, a form of attachment that's up to

255
00:26:27,029 --> 00:26:33,599
the developer. Uh, and then, so going with Rob's findings in the staff report and

256
00:26:33,599 --> 00:26:38,199
that. You know, I mean, there, without he can accomplish this if he attaches the

257
00:26:38,199 --> 00:26:42,002
golf. Attaches the garage to the, the main residence.

258
00:26:45,015 --> 00:26:52,026
You have a question. So would a breezeway be considered an attachment it was covered?

259
00:26:53,028 --> 00:26:59,729
Yeah, that, uh, we would consider, um. looking at this definition, we encountered

260
00:26:59,729 --> 00:27:07,489
this on a similar, similar situation um or similar type of scenario, different

261
00:27:07,489 --> 00:27:13,739
circumstances, but they um. They ended up modifying their plans, so it became kind

262
00:27:13,739 --> 00:27:20,002
of a, a, a moot point in that scenario, but generally speaking, it would be some

263
00:27:20,002 --> 00:27:27,739
sort of enclosed entry or some sort of inside space um that would attach.

264
00:27:28,006 --> 00:27:33,869
It's a little bit of a stretch if it's just a roof only um. All these others have

265
00:27:34,001 --> 00:27:38,699
some sort of inside space, like an entry um I've seen them where you go in and you

266
00:27:38,699 --> 00:27:44,069
can go to the left of the garage, right into the house um. I realized there may be

267
00:27:44,069 --> 00:27:51,005
some. Inconveniences to that, um, based on what they desire, maybe I don't know about

268
00:27:51,005 --> 00:27:56,829
infrastructure, those sorts of things, but for strict adherence to our code, um,

269
00:27:57,014 --> 00:28:01,819
that if it were attached it was something that could be permitted without a variance

270
00:28:01,979 --> 00:28:09,489
and so. Um, So for that reason, um. The,

271
00:28:09,008 --> 00:28:12,949
uh, we would require a variance.

272
00:28:15,031 --> 00:28:23,013
Could be a problem. Um, Yeah, there's 2 cars parked in that slot next to the house.

273
00:28:24,031 --> 00:28:31,619
If the garage were stationed where that those cars are at. Would that require any

274
00:28:31,619 --> 00:28:39,099
variances, um, is provided there was they would meet the definition of being attached.

275
00:28:39,003 --> 00:28:44,014
So this comes back down again to our regulations is where is considered the front

276
00:28:44,014 --> 00:28:48,005
yard and the property is addressed off Hawk Drive and so Hawk Drive is considered

277
00:28:48,005 --> 00:28:52,729
the front yard. So that portion of the property that's connected to the Hawk drives

278
00:28:52,729 --> 00:28:58,003
to the front yard. So in this case, it would still be anything in front of that building

279
00:28:58,003 --> 00:29:03,013
right there going towards off Drive would be considered the front yard. And anything

280
00:29:03,013 --> 00:29:07,039
behind that building is considered the rear yard, and between it is the side yards,

281
00:29:08,013 --> 00:29:12,053
right? And then we have setbacks along those. So does that have to be even? The garage

282
00:29:12,053 --> 00:29:15,609
have to be even with the front of the house. Then does not have to be even. It just

283
00:29:15,609 --> 00:29:19,369
has to be connected. And as we go back, if you go back and move to those other houses,

284
00:29:19,689 --> 00:29:22,569
as we can kind of see some of the examples, some of the other properties that have

285
00:29:22,569 --> 00:29:27,017
been complying with this garage in the front yard is that those houses are complied

286
00:29:27,017 --> 00:29:30,119
and as you can see, not we do not hold up.

287
00:29:45,069 --> 00:29:49,027
I mean those, some of them, some of them are a little bit behind the house, but considered

288
00:29:49,027 --> 00:29:53,349
the front yard. Some of them are in front of the house and still in the front yard,

289
00:29:53,055 --> 00:29:58,109
but they, they get that exception because they're attached. And so just to inform

290
00:29:58,109 --> 00:30:02,015
you what the code says, sure, if, if it's attached, it's allowed in the front yard.

291
00:30:02,229 --> 00:30:05,079
If it's not attached, it's considered a detached accessory building and it has to

292
00:30:05,079 --> 00:30:09,081
be in the backyard and the here is, is the backyard has the views and the front yard.

293
00:30:11,359 --> 00:30:16,038
So, in your opinion. The, the corner of the house and the corner of the garage coming

294
00:30:16,038 --> 00:30:22,088
together is not enough. A Join what I'm looking at is trying to preserve the integrity

295
00:30:22,088 --> 00:30:28,017
of the deck while still allowing the garage. I mean not having to require knees.

296
00:30:29,089 --> 00:30:35,329
How far do you think, yeah. Without receiving a formal application for that that

297
00:30:35,329 --> 00:30:39,489
aspect, right, to render an opinion on it would be difficult, but I mean at some

298
00:30:39,489 --> 00:30:45,029
point if there is an attachment, then it would accomplish the exception, right? But

299
00:30:45,029 --> 00:30:49,839
I don't know unless we were until the difficulty of reviewing agencies as a city

300
00:30:49,839 --> 00:30:54,093
is that we have to receive the plans and render an opinion on that review and sometimes

301
00:30:54,093 --> 00:30:59,092
when we are dealing with other properties we go through multiple. Plan every review

302
00:30:59,092 --> 00:31:04,066
editions until they find something that works for what they want. That,

303
00:31:07,052 --> 00:31:13,069
oh, I had one other item to note, um. I know we've interpreted this before, if there's

304
00:31:13,069 --> 00:31:21,042
some sort of inside space, um, whether it's uh. That, that's enclosed

305
00:31:21,042 --> 00:31:29,014
connecting the two, whether it's a, a hall or um some way where they can leave

306
00:31:29,014 --> 00:31:36,239
the the garage with um with groceries or whatever, make your way without going outside,

307
00:31:36,619 --> 00:31:40,066
that would be interpreted as being attached, whatever that would, that would look

308
00:31:40,066 --> 00:31:46,989
like, provided it, it met building code requirements, so. And and they have requirements

309
00:31:46,989 --> 00:31:53,063
zoning such as setbacks, maximum lot coverage, um, most of those other requirements

310
00:31:53,063 --> 00:31:59,031
based on the size of the lot are um can be easily addressed.

311
00:32:01,054 --> 00:32:06,002
I just have a question. I've driven by that house 1000 times, probably because I

312
00:32:06,002 --> 00:32:10,959
live down in the preserve. There's always kind of a curiosity to me that the front

313
00:32:10,959 --> 00:32:15,979
of that house. Is the most attractive side of the house is the side that looks at

314
00:32:15,979 --> 00:32:21,003
the lake. To me, the other side of the house that we're calling the front would be

315
00:32:21,003 --> 00:32:26,099
the back and, if it was my house. Uh, probably a long time ago, I'd have probably

316
00:32:26,099 --> 00:32:32,004
had the address changed to Pheasants. Instead of Hawk. So is there a mechanism to

317
00:32:32,004 --> 00:32:38,989
change this person's address from Hawk Drive to Pheasant Ridge? That would solve

318
00:32:38,989 --> 00:32:45,027
his problem. It doesn't necessarily solve the aesthetics of having a standalone garage,

319
00:32:45,829 --> 00:32:50,051
but, uh, I don't know what the regulation would be on that. It's curiosity. Um, if

320
00:32:50,051 --> 00:32:57,729
they were. Accessed, physically accessed off of. Um

321
00:32:58,689 --> 00:33:04,319
Pheasant Ridge, um, that would. And access through the preserve and were part of

322
00:33:04,319 --> 00:33:10,119
that community or granted legal access then that would be a a consideration but like

323
00:33:10,119 --> 00:33:14,959
as Dave mentioned we would, we would need an application and, and, and to be able

324
00:33:14,959 --> 00:33:21,056
to ensure you know that there's maybe no covenants that prohibit access or I, I.

325
00:33:22,239 --> 00:33:27,005
Um, there's a lot of times there's unknowns. I've seen a scenario where there's like

326
00:33:27,005 --> 00:33:34,989
a 1 ft no access easement. Yeah and so and so, uh, so the

327
00:33:34,989 --> 00:33:42,053
applicants were, were, um, forced by a legal document to access from a, from a

328
00:33:42,054 --> 00:33:50,054
designated. Location when, when that uh. When the lot was created. So

329
00:33:50,054 --> 00:33:56,042
if we had a uh situation where they decided they want to be in compliance, so they're

330
00:33:56,042 --> 00:34:00,939
going to put a breezeway, or they're going to do something. That takes it away from

331
00:34:00,939 --> 00:34:07,018
here and they're gonna have to then bring that all up again. They would just submit

332
00:34:07,018 --> 00:34:14,034
a, a revised plan, um, and we could, uh, approve that it assuming it would meet building

333
00:34:14,034 --> 00:34:21,429
codes, um, uh, it would be no different than our standard single family residential,

334
00:34:21,078 --> 00:34:26,081
uh, where we have like our one hour, you know, our fire rating between a garage and

335
00:34:26,081 --> 00:34:32,178
a. Attached garage in a house, which is typical, um, you would see with all the other

336
00:34:32,178 --> 00:34:37,129
residents, uh, surrounding residents have all those same requirements. So if they

337
00:34:37,129 --> 00:34:43,149
came in with building plans revising that, um, they would require, um, no, no board

338
00:34:43,149 --> 00:34:50,085
approval. So Rob, the, uh, there's two lots down. There's an

339
00:34:50,085 --> 00:34:54,909
empty lot next door to the line, and then there's a house with the, the turnaround,

340
00:34:54,969 --> 00:35:00,032
right? Not the one over to the, I guess that would be to the west. Up the street,

341
00:35:00,399 --> 00:35:08,139
right there, yeah. They have similar to Dale, they have a, I've driven by that. Piece

342
00:35:08,139 --> 00:35:15,005
of properties many times and it appears that house has a uh an accessory building

343
00:35:15,005 --> 00:35:21,139
whether it's attached or not attached, I don't know, but it's right on the left hand

344
00:35:21,139 --> 00:35:26,229
side of the home. Yes, we considered that as not being in the front yard because

345
00:35:26,229 --> 00:35:31,082
it was behind the front of the, the key is, oh, right, the point if it's behind it,

346
00:35:31,909 --> 00:35:38,001
OK, I mean it doesn't have to be in the rear it can be I'm at the side of the building,

347
00:35:38,429 --> 00:35:46,026
um, yep, and so that, uh. That garage was permitted this last fall. OK, and, and

348
00:35:46,026 --> 00:35:53,729
so it's just when it's in the, the front, um, I think the challenges, uh, with.

349
00:35:55,007 --> 00:35:59,078
This particular application is based on slopes and I think it might block some of

350
00:35:59,078 --> 00:36:06,076
their views as well. The desired location is on. Um, from the, the applicant's

351
00:36:06,076 --> 00:36:13,075
perspective, but would be on this side if, if they can, um. If they were able to

352
00:36:13,075 --> 00:36:19,055
obtain approval. But it could go on the left. Potentially on where that shit is right

353
00:36:19,055 --> 00:36:24,479
now. There's a sewer over there. Oh, you can move that. Well, I, I think they're

354
00:36:24,479 --> 00:36:28,002
also getting closer to the set probably you go to the plans which shows the outlines.

355
00:36:29,037 --> 00:36:30,062
So you actually see the property outline.

356
00:36:34,229 --> 00:36:34,057
Go up.

357
00:36:40,005 --> 00:36:41,409
I think equation.

358
00:36:44,035 --> 00:36:52,001
We wanted to go back to that. Yeah Like right there? I'm

359
00:36:52,001 --> 00:36:53,659
not sure what time you need to be, but.

360
00:36:59,008 --> 00:37:07,006
That's what that Which is less than And Um, and, um, whenever the board has,

361
00:37:07,209 --> 00:37:14,979
is done with questions with me, um, there's the ability to, um, you can ask the applicant

362
00:37:15,034 --> 00:37:21,139
to expand and, and, and any comments that they might have as well, and so, and that

363
00:37:21,139 --> 00:37:22,056
might answer some of your questions.

364
00:37:24,189 --> 00:37:26,129
Um I'll go ahead and turn

365
00:37:33,006 --> 00:37:39,056
So with the entertain the, uh, if, if we're OK here, any more questions, we'll uh

366
00:37:39,056 --> 00:37:46,005
entertain the hard line. Family? Um, are you, you talk with him? Well, I,

367
00:37:46,699 --> 00:37:50,078
I appreciate all the, uh, the conversation. Um, I'm not sure, I don't think there's

368
00:37:50,078 --> 00:37:55,005
anything I'm gonna say that's gonna change anything. We felt we had a pretty, uh,

369
00:37:55,139 --> 00:38:01,003
compelling, uh, application for the variants. Um, we feel pretty strongly about the

370
00:38:01,003 --> 00:38:06,689
fact that. There's no doubt if you walk that property, the best location is where

371
00:38:06,689 --> 00:38:10,057
we had it going, but that doesn't necessarily mean that it's gonna get approved,

372
00:38:10,739 --> 00:38:16,649
uh, um, I we would wanna have some clarification in regards to, you know, what would

373
00:38:16,649 --> 00:38:23,929
be it. Deducted we talked about the breezeway, um, so I'd like just to make sure

374
00:38:23,929 --> 00:38:27,909
at some point, since we're still kind of, this is kind of the top of your your list

375
00:38:27,909 --> 00:38:32,429
today, um, we just don't want to lose the momentum and, and try to get some sense

376
00:38:32,429 --> 00:38:39,949
from, from staff, um, what would be OK for us not to go, to go forward with the variants

377
00:38:39,949 --> 00:38:43,059
because we understand as long as it's attached, whether it's in the front or not,

378
00:38:43,949 --> 00:38:51,129
um. They do not have to apply for guns, so. I think that's kind of

379
00:38:51,419 --> 00:38:57,057
where. Where we are right now and uh so I think we could get the staff in the near

380
00:38:57,057 --> 00:39:04,669
term. Um, if, if in fact this variance is going to be, um, declined that you. We

381
00:39:04,669 --> 00:39:08,053
would like to move forward with that. The.

382
00:39:10,056 --> 00:39:13,037
Did you turn that up or. Yeah, it's kind of hard to follow.

383
00:39:19,076 --> 00:39:23,179
We want to be good neighbors. This is sort of preservation Day, so we're, I'm sorry,

384
00:39:23,052 --> 00:39:28,649
how much did you guys here and not here? That's better. Yeah. Were you able to hear

385
00:39:28,649 --> 00:39:32,229
most of what I said? Uh, Half of it, kind of, yeah, about half, yeah, I was just

386
00:39:32,229 --> 00:39:36,033
saying I thought, I thought we had, yeah, yeah, I just, we felt that a compelling,

387
00:39:36,059 --> 00:39:41,669
um, application. We spent a lot of time and money on it, but that was our decision

388
00:39:41,669 --> 00:39:47,969
to do it, and Yes. If, if it's gonna be denied, we're just gonna wanna make sure

389
00:39:47,969 --> 00:39:53,037
we get, you know, clarification from staff what would be accepted, uh, because I

390
00:39:53,037 --> 00:39:59,489
can't see anywhere else where this, you know, we can't take, take apart our deck,

391
00:39:59,053 --> 00:40:03,053
we can't put something in the back, block our, our yard, we have a, um.

392
00:40:05,139 --> 00:40:08,959
Sewage down there too and then um so anyway.

393
00:40:11,012 --> 00:40:15,000
And I don't need to go through our all of our list of key things that we did. We

394
00:40:15,000 --> 00:40:19,399
lined up the criteria similar to the staff and again felt we ate, we had a pretty

395
00:40:19,399 --> 00:40:20,008
compelling argument, but.

396
00:40:23,139 --> 00:40:30,469
I don't really have anything else to discuss. And I appreciate it. Questions?

397
00:40:31,979 --> 00:40:38,025
I'm not sure exactly what just happened. He said he's kind of staff report said,

398
00:40:38,026 --> 00:40:42,899
and he'd like to know the way I understand it that we'd like to know where he can

399
00:40:42,899 --> 00:40:49,219
go from here and what recommendations we can our staff could give him that he could.

400
00:40:50,000 --> 00:40:55,479
Do whatever he, what other options there might be. So essentially modifying what

401
00:40:55,479 --> 00:41:00,399
he originally that we're discussing right now, is, is that right, Mr. Is that, is

402
00:41:00,399 --> 00:41:01,439
that correct, Mr. Hartwine?

403
00:41:03,879 --> 00:41:05,699
Yes Yes,

404
00:41:09,909 --> 00:41:09,919
Hm

405
00:41:13,056 --> 00:41:20,056
I think he needs an attach a cruise. So, The way I kind of see it, unless there was

406
00:41:20,056 --> 00:41:28,028
some modification, um, it kind of, uh, sets a precedent if we were to have the garage

407
00:41:28,028 --> 00:41:34,459
in the, in the front yard the way it's prescribed. Uh, it's a fairly big building,

408
00:41:35,159 --> 00:41:42,001
um. I, I'd like to see if there was some other way that you could put, put your garage,

409
00:41:42,027 --> 00:41:48,029
you know, where, I don't know if it would work in the back. I know that it's steep

410
00:41:48,029 --> 00:41:56,002
way back, but it may be in the northwest corner. Um, And I don't know about uh

411
00:41:57,000 --> 00:42:00,084
then uh the other one would be to a little bit to the southeast.

412
00:42:04,001 --> 00:42:09,057
Um, I think before you guys move into the next stage, you probably should ask for

413
00:42:09,057 --> 00:42:13,037
public comment. It's a good time to ask for your public if there's any public comment.

414
00:42:13,058 --> 00:42:20,061
Well, I said that you had anything, Mac. Do you want to comment too? You can go ahead

415
00:42:21,033 --> 00:42:25,979
and go. OK. Would you just state your name and address right here. Come up here.

416
00:42:27,449 --> 00:42:31,179
And that way you have to put a comment so when you guys do your discussion and the

417
00:42:31,179 --> 00:42:34,052
next thing you move to your vote, you have, you, you've done that procedurally.

418
00:42:36,199 --> 00:42:43,649
My name is Max Swan. My wife Karen is in the room. We own lot 2 to the northwest

419
00:42:43,649 --> 00:42:50,078
of Wetwein's house. So, um, we went out and looked at what was staked out on the

420
00:42:50,078 --> 00:42:57,889
ground, and Jeff, thank you for having that done and for the detailed

421
00:42:58,419 --> 00:43:06,056
drawing so that we could understand your proposal. Um, and we understand, um,

422
00:43:07,149 --> 00:43:15,078
your desire to have a garage up top rather than down under that tuck under garage

423
00:43:16,002 --> 00:43:23,079
on your home. We understand that, um. We I think you'd say that we're,

424
00:43:24,189 --> 00:43:31,989
we appreciate the um staff's recommendation. Um, the, the project as

425
00:43:31,989 --> 00:43:39,051
it's proposed, um, First of all, I don't know if it's a good idea to.

426
00:43:40,059 --> 00:43:42,081
Um, issue of variance when

427
00:43:44,179 --> 00:43:51,909
there's probably another solution or solutions that might. Land inside the general

428
00:43:51,909 --> 00:43:59,029
zoning conditions. Um, it may help you to understand where we're coming from, um,

429
00:43:59,439 --> 00:44:06,239
when I tell you about the purchase of that lot. So, uh, we owned a lot down in the

430
00:44:06,239 --> 00:44:14,199
preserve, uh, lot 212, and, um, when Karen and I walked out onto this lot, lot 2

431
00:44:14,199 --> 00:44:19,008
of the Brown's edition, uh, we just fell in love with it. It has extraordinary views

432
00:44:19,008 --> 00:44:27,003
north, but also it has incredible views from about Moss Peak all the way out

433
00:44:27,003 --> 00:44:35,001
into the missions. And we live in a south facing lot. We own 20 acres out west of

434
00:44:35,001 --> 00:44:41,085
town, and that's our view. Our view that we've enjoyed for 45 years is across Polson

435
00:44:41,085 --> 00:44:46,959
Bay and we see the big mountains to the south. So when, when, uh, we walked out on

436
00:44:46,959 --> 00:44:53,989
this lot, uh, Karen and I both fell in love with that, that view to the south as

437
00:44:53,989 --> 00:44:55,081
well as the view of the lake.

438
00:44:57,689 --> 00:45:05,057
As proposed, that garage 16 ft back from the, the

439
00:45:05,057 --> 00:45:12,087
house, there's a 16 ft gap, and then there's a wall, and that wall will take out

440
00:45:13,033 --> 00:45:19,209
a considerable percentage of that view from where we're looking at possibly building

441
00:45:19,209 --> 00:45:24,012
should we, should we want to do that. We're still trying to figure out, I think,

442
00:45:24,169 --> 00:45:31,889
our future for that lot. Um, but. Whether we build or not, it would still,

443
00:45:32,003 --> 00:45:39,659
in our opinion, um, devalue that lot. So, um, it,

444
00:45:40,006 --> 00:45:47,003
it, you can't quantify, I don't think what the devaluation would be to have that

445
00:45:47,003 --> 00:45:54,062
garage sitting out 16 ft away from the house in the view corridor, but, um.

446
00:45:55,679 --> 00:46:02,239
I'm certain that it would devalue the lot. I just don't know to what degree. It was

447
00:46:02,239 --> 00:46:08,036
an expensive lot. We stretched to buy it because of its qualities, and we'd like

448
00:46:08,006 --> 00:46:15,008
to maintain those qualities as much as possible, and, um, uh, that's really all I

449
00:46:15,008 --> 00:46:21,077
have to say. So I appreciate your time and your thoroughness and. And the staff's

450
00:46:22,689 --> 00:46:27,239
look, look hard. Look, can I appreciate Jeff's have, have Rob point out where your,

451
00:46:27,035 --> 00:46:33,005
where your lot's at. Um, well, we're a lot, lot two. That's the lot right there.

452
00:46:33,709 --> 00:46:41,036
So if you look at the If you build on the on the crown of that lot, which

453
00:46:41,036 --> 00:46:49,001
is what we have envisioned. Um, with Uh, windows taking

454
00:46:49,001 --> 00:46:56,027
advantage of that view up Park Drive. Into the South missions and back

455
00:46:56,086 --> 00:47:03,989
along to the north of the mission range really behind um Ortwein's house.

456
00:47:05,179 --> 00:47:12,399
Um, If you put that large of a structure in that location, it will

457
00:47:12,919 --> 00:47:17,959
significantly alter that view of the mission range. It's just, there's no, no doubt

458
00:47:17,959 --> 00:47:25,029
about it, so, um. I think you can get compliance to the zoning regulations by

459
00:47:25,689 --> 00:47:32,003
tucking the garage closer to the house, either on the northwest corner. Or the south

460
00:47:32,008 --> 00:47:37,969
southwest corner or the southeast corners of the house possibly I mean there I, I

461
00:47:37,969 --> 00:47:45,969
think what was proposed was sort of your, your contractor's vision of how do I

462
00:47:45,969 --> 00:47:51,085
construct a two car garage. I'm gonna pour a slab I'm gonna. Build the walls up.

463
00:47:52,001 --> 00:47:58,969
The walls are higher than the. May be necessary, um, uh, all that's a judgment call.

464
00:47:59,062 --> 00:48:04,909
my whole mind is safe. So anyway, um, I appreciate your time and your and your thoughts.

465
00:48:05,003 --> 00:48:05,085
Yeah, thank you.

466
00:48:09,001 --> 00:48:15,899
Are there any height restrictions on Hawk Drive addresses? Although that property

467
00:48:15,899 --> 00:48:22,939
doesn't belong to the HOA. Um, I think your HOA up there does have some roof.

468
00:48:23,979 --> 00:48:31,054
Uh, regulations? That, that house wouldn't be in, or isn't involved in the HOA. No.

469
00:48:33,028 --> 00:48:38,169
But the city doesn't have any height restrictions except for they do. They do airports,

470
00:48:38,179 --> 00:48:43,939
etc. Yeah. Uh, 35 ft. 35? Yeah. All right.

471
00:48:47,929 --> 00:48:54,025
I have no questions. My only last comment was in the presentation that showed the

472
00:48:54,025 --> 00:49:02,000
south facing elevation as a just a blank wall. Which, in looking at the size of

473
00:49:02,000 --> 00:49:06,028
the house and the size of the garage, I think it's just gonna be a, a blob sitting

474
00:49:06,028 --> 00:49:09,459
on top of that hill. And it's not going to look good.

475
00:49:13,179 --> 00:49:13,639
Um,

476
00:49:15,909 --> 00:49:23,449
My, my comment to it is uh back to there seems to be some other options, um. And

477
00:49:23,449 --> 00:49:31,006
I don't see that there is a, uh, an example of really undue hardship,

478
00:49:31,969 --> 00:49:38,059
which is one of the qualifying things, um. And

479
00:49:39,079 --> 00:49:46,053
It's too bad that the inconvenience and the additional money that it might do to

480
00:49:47,149 --> 00:49:54,149
bring a property up isn't is not adequate to issue a variance.

481
00:49:55,007 --> 00:49:55,669
Um,

482
00:49:59,149 --> 00:50:05,055
And I guess that that the, the two-car garage, um, to me, that's a pretty massive

483
00:50:05,055 --> 00:50:12,949
two-car garage to start with, um, and I'm kind of with Pete as far as that

484
00:50:12,949 --> 00:50:17,629
property of all the beautiful places there are coming down Hawk Drive and in there

485
00:50:17,629 --> 00:50:24,081
and to see this huge garage that halfway up the hillside, um, I, I, I think it's

486
00:50:24,989 --> 00:50:32,729
not. It, it doesn't add to the uh looks of the uh coming

487
00:50:32,729 --> 00:50:38,689
into Mission Bay or looking off to the, to the east on uh, on the preserve.

488
00:50:43,989 --> 00:50:50,086
So, any, any other comments? Um, no, I agree with you about that. Uh, excuse me,

489
00:50:50,969 --> 00:50:57,489
so I guess at this time I entertain any emotion. To, um,

490
00:51:02,379 --> 00:51:07,056
So you take and entertain the motion to approve if I, if I can help assist you with

491
00:51:07,056 --> 00:51:13,004
this, you can entertain a motion to adopt the findings in the staff report. You can

492
00:51:13,004 --> 00:51:17,076
entertain entertain a motion to adopt the findings plus or minus something in the

493
00:51:17,076 --> 00:51:23,028
staff report, and, you know, in addition to it, um, or you can find, take a motion

494
00:51:23,028 --> 00:51:30,005
to grant and with adopt, adopt additional findings why the reason to grant. Um, based

495
00:51:30,005 --> 00:51:35,179
on the conversation going, it looks like you may want to adapt, uh, to a motion to,

496
00:51:35,003 --> 00:51:42,959
uh, deny with the for the same reasons as the staff report. OK, that's I, I,

497
00:51:43,007 --> 00:51:50,085
I've entertained them. I'd like a motion to, um, Accept the staff's

498
00:51:50,085 --> 00:51:55,027
findings. With modifications or just to accept the staff findings? I was just going

499
00:51:55,027 --> 00:52:01,419
to say staff findings. OK. I, I, I, you make that motion. I make that motion. OK.

500
00:52:01,052 --> 00:52:07,008
And, in a second. OK, I second that. 2. Yeah. OK, second. We have a motion, we have

501
00:52:07,008 --> 00:52:10,005
a second. Any discussion

502
00:52:12,034 --> 00:52:13,006
Public comment?

503
00:52:15,429 --> 00:52:18,001
All in favor? Aye, aye, aye.

504
00:52:22,033 --> 00:52:22,939
Is that

505
00:52:25,899 --> 00:52:32,028
That I Yeah, and I, sorry, with 4 votes, it, uh, passed.

506
00:52:39,005 --> 00:52:44,959
So, um, The item number 6

507
00:52:46,939 --> 00:52:54,078
would be the zoning variants for Rocky Wisman and irrevocable

508
00:52:54,078 --> 00:53:00,719
Trust and propose a single family dwelling extending into the setbacks.

509
00:53:05,006 --> 00:53:07,006
And Staff report.

510
00:53:12,199 --> 00:53:19,005
Good evening again, uh. Board of adjustment members. This is the Rocky Allen Wisman

511
00:53:19,005 --> 00:53:20,739
revocable Trust.

512
00:53:24,008 --> 00:53:29,449
Rocky Allen Wisman Revocable Trust, represented by Rocky Wisman of Tulsa, Montana

513
00:53:29,449 --> 00:53:36,006
is requesting a variance to front and or rear yard setbacks. The request is associated

514
00:53:36,006 --> 00:53:41,008
with a proposed single family dwelling with an attached garage. The subject property

515
00:53:41,008 --> 00:53:48,006
is currently undeveloped, zoned, uh, low density residential, located at

516
00:53:48,006 --> 00:53:55,036
296 Bayview Drive and legally described as lot 12 of Fairway

517
00:53:55,036 --> 00:54:02,959
Properties. Um, staff have provided findings and recommendation of denial, um. And

518
00:54:02,959 --> 00:54:08,082
again, if the board chooses to approve the variants, the board shall. Provide required

519
00:54:08,082 --> 00:54:13,949
findings of fact in support of their decision. You'll see the similar, same layout

520
00:54:13,949 --> 00:54:19,027
as the last variance request. and You'll see.

521
00:54:22,052 --> 00:54:29,028
The conditions of approval. Or sorry, my apologies, the standards of evaluation.

522
00:54:31,078 --> 00:54:33,679
And then you'll see staff analysis.

523
00:54:39,669 --> 00:54:47,399
Here you'll see um. The location of the lot. It is

524
00:54:52,037 --> 00:54:57,659
It's the last lot, if I understand to be developed here of Fairwave Properties.

525
00:55:22,739 --> 00:55:30,028
Um, you'll see here on, uh, A strain, um, these are the Fairway Properties

526
00:55:30,028 --> 00:55:38,007
lots, um, the remaining lot. Is here. So this is the proposed subject

527
00:55:38,007 --> 00:55:38,649
property.

528
00:55:48,629 --> 00:55:49,159
Um,

529
00:55:52,027 --> 00:55:56,469
In summary, the need for the variants is a result of the applicant's proposed building

530
00:55:56,469 --> 00:56:01,439
plans. The application materials state that the applicant would like to upgrade to

531
00:56:01,439 --> 00:56:07,659
a newer version of the same house that he currently lives in a few doors down, but

532
00:56:07,659 --> 00:56:14,129
did not realize when he purchased the lot that his house plans that he had prepared

533
00:56:14,028 --> 00:56:20,239
that the proposed plans as currently drawn would not fit onto the lot without extending

534
00:56:20,239 --> 00:56:27,909
4 ft into the front and or rear yard setbacks. Her records on file with Lake County,

535
00:56:28,055 --> 00:56:35,709
the 0.26 acre or 11,433 square feet subject property is approximately

536
00:56:36,025 --> 00:56:43,669
110 ft wide by 104 ft deep and was created in 1998. It's part of.

537
00:56:44,083 --> 00:56:51,009
Fairway properties consisting of 16 lots. The configuration of the lot within

538
00:56:51,051 --> 00:56:57,087
LRZD can accommodate other similarly sized single family dwellings exceeding 1500

539
00:56:57,087 --> 00:57:05,076
square feet with attached garages outside of setbacks. Um, Unfortunately,

540
00:57:06,006 --> 00:57:13,059
um, When the applicant purchased the property, um, he didn't realize that his, um,

541
00:57:13,087 --> 00:57:18,012
garage would extend. Here, you'll see a site plan. It's part of the application,

542
00:57:18,052 --> 00:57:24,054
so the way it's sized here extends slightly, um, well, it's not a large house, just

543
00:57:24,719 --> 00:57:30,479
based on the configuration, um, unfortunately, it would extend either way, just based

544
00:57:30,479 --> 00:57:35,084
on, because it's slot, it's a little bit shallower, but it's a little, also a little

545
00:57:35,084 --> 00:57:43,012
bit wider. So, um, Rob, can I ask you a question? Why you have that piece up?

546
00:57:43,033 --> 00:57:49,149
What's that? While you have that part up, could I ask you a question? Sure. In the

547
00:57:49,149 --> 00:57:57,026
uh plans, it shows a deck coming off the back of that house. What is the, um, does

548
00:57:57,026 --> 00:58:05,008
the deck have to be so far off the back property line um if the deck, um, were to.

549
00:58:06,689 --> 00:58:14,082
Setbacks apply to above grade extensions and so like if it were uh you

550
00:58:14,082 --> 00:58:20,008
know. We would, you would need to demonstrate that it would be, it'd be more like

551
00:58:20,008 --> 00:58:27,929
a patio versus a deck and so if it was. Above grade, and so.

552
00:58:29,006 --> 00:58:31,739
It was during the staff um.

553
00:58:34,028 --> 00:58:40,005
Uh, staff analysis, actually writing the report, it, it came to my attention, and

554
00:58:40,005 --> 00:58:47,949
that would be, um, my response. The setbacks, um. That

555
00:58:47,949 --> 00:58:54,479
are measured to the foundation walls. Typically speaking, and so you can have a,

556
00:58:54,057 --> 00:59:00,229
a, an eave or a roof extended into setbacks provided it's not greater than 4 ft,

557
00:59:00,075 --> 00:59:08,059
and you can also have um at grade, so if the deck could qualify as an at-grade

558
00:59:08,059 --> 00:59:13,031
extension, then it would be allowed, but that would be something he would need to

559
00:59:13,031 --> 00:59:20,919
address, um, as, as part of the building plan review, um. So,

560
00:59:21,659 --> 00:59:29,006
so having the deck doesn't necessarily encroach onto the setbacks, yeah, if, if the,

561
00:59:29,739 --> 00:59:37,399
the deck were at grade or could be considered at grade, um, and it was wood material

562
00:59:37,489 --> 00:59:43,179
or composite versus, um, paper stones or something like that, um, but that would

563
00:59:43,179 --> 00:59:47,929
be something that they would need to address as part of their application. Um, in

564
00:59:47,929 --> 00:59:53,001
which we would probably encourage them just to do like a, a patio, like an aggregate

565
00:59:53,001 --> 01:00:00,075
or something similar that would. That would, um. Would be easier to comply. So that

566
01:00:00,075 --> 01:00:05,909
would be at grade then, right? Yeah. OK. But that, when I, when I look at that, I

567
01:00:05,909 --> 01:00:13,055
mean, if he, say you did, and he's asking for a 4 ft setback or a 2 ft and a 2 ft,

568
01:00:14,008 --> 01:00:21,699
If you did the 2 ft, Um, you're still gonna be over the property line.

569
01:00:22,083 --> 01:00:29,669
Over the set down the property line you set the setback this yeah so now you're even

570
01:00:29,669 --> 01:00:33,002
closer. OK, all right.

571
01:00:36,469 --> 01:00:44,051
Yeah, and, and staff can can understand why they would like the desired for a plan

572
01:00:44,051 --> 01:00:52,051
in the way out, um, unfortunately for the. Again, the standards of evaluation,

573
01:00:52,079 --> 01:00:59,031
um, they, there's other properties that can comply with setbacks, um, you know, it's

574
01:00:59,031 --> 01:01:02,079
unfortunate this is the plan they like, um.

575
01:01:04,449 --> 01:01:09,053
But, uh, zoning doesn't really, uh, there's other alternatives, and one of the reasons

576
01:01:09,053 --> 01:01:16,081
I included the 1500 square feet is that was a requirement of um. Of their

577
01:01:17,061 --> 01:01:25,026
Uh, covenants. Um, It was a minimum of 1500 square feet, um,

578
01:01:25,031 --> 01:01:26,083
but if we look at.

579
01:01:39,058 --> 01:01:45,979
What's the amount of lot coverage uh for, say, that home? Uh, uh, 40%.

580
01:01:48,087 --> 01:01:55,081
And, and code says. 40%. 40%. How many square footage is it considered wrong, um,

581
01:01:57,879 --> 01:01:59,055
as designed, uh.

582
01:02:01,139 --> 01:02:07,006
You're talking the square footage. It would be 40% of the 11,000. So you've been

583
01:02:07,006 --> 01:02:12,078
able to work, you know, over way over 4000 square footage to work with, um, for a

584
01:02:12,078 --> 01:02:20,000
lot of coverage aspect and this issue really arises with. We have setbacks

585
01:02:20,000 --> 01:02:26,054
at 30 ft in the front yard and how many feet in the backyard, Rob? 1515. And then

586
01:02:26,054 --> 01:02:32,139
his house because of the shape of the lot is a little bit, uh, is wider than it is

587
01:02:32,139 --> 01:02:35,054
longer than some of the other lots that are adjacent and this is based on, I think

588
01:02:35,054 --> 01:02:39,939
the design is based on the house that exists another lot that is longer than it is

589
01:02:39,939 --> 01:02:44,979
wider which allows it to comply and so we get into this position where the city has

590
01:02:44,979 --> 01:02:48,899
regulate to follow the review of the regulations it can't meet the regulations without

591
01:02:48,899 --> 01:02:48,939
being without.

592
01:02:51,439 --> 01:02:58,079
Um, Oh hold on a second. Um, And there's uh.

593
01:02:59,649 --> 01:03:03,969
Um, there's one other item I need to address before concluding the staff report.

594
01:03:04,012 --> 01:03:10,061
Let me finish that. Um, the item was, uh, legally noticed, so we met the legal noticing

595
01:03:10,061 --> 01:03:17,189
requirements. Certified adjacent neighbors were or adjacent neighbors were also notified

596
01:03:17,053 --> 01:03:22,949
via certified mail. There is one comment, um, you can see in the packet.

597
01:03:24,879 --> 01:03:32,084
From one of the neighbors and we also received verbal comment from. The

598
01:03:32,084 --> 01:03:39,031
adjacent neighbor across um Bayview. Um,

599
01:03:39,659 --> 01:03:46,629
and with concerns that their HOA was not notified, um, and maybe Dave may want to

600
01:03:47,129 --> 01:03:53,012
address this as well, but per our notifications, we go off the certified list provided

601
01:03:53,459 --> 01:04:01,005
by, um, provided by the applicant and the HOA, uh, this particular lady, I

602
01:04:01,005 --> 01:04:06,659
believe was a member if I understand correctly. Um, of the HOA and so they received,

603
01:04:07,000 --> 01:04:14,989
um, prescriptive, um, notes regarding the request. And, and this is a different

604
01:04:14,989 --> 01:04:19,939
HOA, right? Yeah. Yes, that's. There's no HOA on that side. Yeah, there's, it's at

605
01:04:19,939 --> 01:04:27,075
the HOA, um, with thick wood subdivision. Yeah. So, how, how, how far down, OK, so

606
01:04:27,075 --> 01:04:32,889
you have, uh, you have lot 12 is the lot we're talking about. Um-hum. Lot 13 is next.

607
01:04:32,949 --> 01:04:40,029
OK, they got notified. The next lot up, the next home up. Did not. Did not. Um, there

608
01:04:40,029 --> 01:04:46,029
is. I didn't know how far you go out. Staff report. Um, we notified the neighbor

609
01:04:46,029 --> 01:04:52,057
to the north, south, uh, this neighbor here, and then, um, OK. This neighbor there.

610
01:04:52,629 --> 01:04:57,006
OK. All right. Which was the one that had the issue about not being. Uh, it's the,

611
01:04:58,129 --> 01:05:03,149
it's the one on, one on one. Yeah, that's OK. One delay. Development is close. Oh,

612
01:05:03,239 --> 01:05:05,929
yeah. OK. OK. OK.

613
01:05:09,449 --> 01:05:13,229
Yeah, I know what you're talking about. Are, are we good to go?

614
01:05:16,083 --> 01:05:20,199
Yes, I'm not gonna comment. No comments. Um, I believe, um.

615
01:05:23,029 --> 01:05:30,055
Uh, Mr. Redford may have had, had a question or comment too. Yeah, the microphone

616
01:05:30,055 --> 01:05:34,469
has been turned off during the whole presentation, so I didn't get a word of it.

617
01:05:35,379 --> 01:05:37,027
Oh no, um.

618
01:05:40,729 --> 01:05:42,649
Let me see here, um.

619
01:05:49,035 --> 01:05:55,061
I can, uh, As soon as you started speaking, you, I watched it. You turned your microphone

620
01:05:55,061 --> 01:06:01,034
off. Yeah, I meant to turn off the background noise. Um, good, good, do it again.

621
01:06:01,035 --> 01:06:08,034
Yeah, I can do that, um. So, uh, Rocky Allen Wisman.

622
01:06:10,739 --> 01:06:16,439
Representing the Rocky Allen Wisman revocable Trust is requesting a variance to front

623
01:06:16,669 --> 01:06:22,058
and or rear yard setback requirements. The request is associated with a proposed

624
01:06:22,058 --> 01:06:27,062
single family dwelling with attached garage. The subject property is currently undeveloped,

625
01:06:28,006 --> 01:06:34,076
zoned low density residential, located at 296 Bayview Drive and legally described

626
01:06:35,002 --> 01:06:42,008
as Lot 12 of. Fairview Properties. After review of the variance request, staff

627
01:06:42,008 --> 01:06:47,076
has provided findings and recommendation of denial of the variance request. If the

628
01:06:47,076 --> 01:06:52,659
Board of Adjustment chooses to approve the variants, the board shall provide required

629
01:06:52,919 --> 01:06:59,082
findings of fact in support of their decision. Uh, similar to the last variance request.

630
01:07:01,058 --> 01:07:07,037
Uh, staff have provided recommended findings of fact and have addressed each of,

631
01:07:07,389 --> 01:07:15,035
um, the criteria outlined in the Polsa municipal code. Um, a summary.

632
01:07:16,389 --> 01:07:19,037
Um, probably the best Um,

633
01:07:23,469 --> 01:07:26,419
Uh, review is under staff analysis.

634
01:07:29,006 --> 01:07:34,076
In summary, the need for the variants is the result of the applicant's proposed building

635
01:07:34,076 --> 01:07:40,239
plans. The application materials state that the applicant would like to upgrade to

636
01:07:40,239 --> 01:07:47,008
a newer version of the same house. That he currently lives in a few doors down. It

637
01:07:47,008 --> 01:07:52,879
did not realize when he purchased the lot and had his house plans prepared. That

638
01:07:52,879 --> 01:07:58,032
the proposed plans as currently drawn would not fit onto the lot without extending

639
01:07:58,032 --> 01:08:05,062
in 4 ft into the front and or rear yard setbacks. Her records on

640
01:08:05,062 --> 01:08:12,389
file with the Lake County clerk and recorder, the property is 0.26 acres or

641
01:08:12,078 --> 01:08:19,075
11,433 ft. The board did have a question on what coverage and

642
01:08:19,075 --> 01:08:27,041
so. Uh, he could cover up to 40% of the 11,433 ft.

643
01:08:29,064 --> 01:08:35,879
The is 110 ft wide by 104 ft deep and was created in

644
01:08:35,879 --> 01:08:42,079
1988. Uh, the issue with the current house or the applicant's current house, which

645
01:08:42,079 --> 01:08:48,047
he wants to build a newer version of, is that this particular lot is a little bit

646
01:08:48,047 --> 01:08:55,097
wider and a little bit narrower, even though I think it's out of all of the uh. The

647
01:08:55,097 --> 01:09:03,075
uh 18 lots or 16 lots in that division, it's uh. One of the larger,

648
01:09:03,859 --> 01:09:08,018
it's not the largest, it's about 60-70% somewhere in there and size-wise, and so

649
01:09:08,018 --> 01:09:15,069
even though they have the size of the lot, the configuration is what creates a little

650
01:09:15,069 --> 01:09:22,083
bit of the challenge there. And um you'll see the. The

651
01:09:22,083 --> 01:09:29,798
applicant's narrative. Um, Explaining he, he bought the lot and then

652
01:09:29,798 --> 01:09:37,037
didn't realize. Um, that, He, uh That his

653
01:09:37,089 --> 01:09:43,054
house plans wouldn't fit on there. Um, there's also a discussion that he overpaid.

654
01:09:44,378 --> 01:09:51,609
And, and now has a slot and doesn't know. If he um, he might lose money on it, etc.

655
01:09:51,729 --> 01:09:59,029
that sort of thing, uh, variances, uh, uh, hard financial hardship is not a

656
01:09:59,029 --> 01:10:06,669
valid hardship in the wholesome development code. Um, you'll also. Um,

657
01:10:07,049 --> 01:10:08,079
note in the, uh,

658
01:10:11,052 --> 01:10:16,899
The application materials, you'll see a copy of the plat. The size, you'll see a

659
01:10:16,899 --> 01:10:24,859
copy of the floor plan. And then you'll see where it extends. There was also a discussion

660
01:10:24,859 --> 01:10:32,609
of. Uh, whether or not the proposed deck, uh, in the setback would,

661
01:10:33,004 --> 01:10:40,299
or whether or not the proposed deck would require, um, to meet setback requirements

662
01:10:41,000 --> 01:10:45,056
would be required here you'll see here which so this deck will be located in the

663
01:10:45,056 --> 01:10:52,859
back here. Staff would interpret any above grade improvements

664
01:10:52,859 --> 01:11:00,819
as being required to meet setback requirements. Um, what's allowed is eaves up

665
01:11:00,819 --> 01:11:06,058
to 4 ft to extend into the pharynx, but that's the only provision. Normally setbacks

666
01:11:06,058 --> 01:11:13,095
are measured to the foundation wall. And so things like patios would.

667
01:11:14,074 --> 01:11:20,779
Um, could extend into setbacks. Raised decks.

668
01:11:21,629 --> 01:11:29,049
Cannot if the deck could be interpreted as being at grade. Then, uh, there are some

669
01:11:29,049 --> 01:11:34,062
scenarios where we've had at-grade decks, and that's maybe a little bit less than

670
01:11:34,062 --> 01:11:42,025
ideal. Um, But that was, is part of the original proposal. It did not come

671
01:11:42,025 --> 01:11:48,081
to staff's attention of the deck until um after the item had been noticed, etc.

672
01:11:53,025 --> 01:11:58,027
And has there been any complaint by the golf course if that 4 ft triangle extends

673
01:11:58,027 --> 01:11:59,005
close to the golf course, uh.

674
01:12:01,649 --> 01:12:02,093
Uh, at this point, no.

675
01:12:04,759 --> 01:12:12,058
So we're talking about a, a 4 ft triangle. That does not abut any neighbor except

676
01:12:12,058 --> 01:12:19,799
the golf course. So it's a triangle-shaped four-piece that just goes into open space.

677
01:12:21,091 --> 01:12:22,075
That is correct.

678
01:12:27,058 --> 01:12:33,049
Well I'll just, having missed most of the discussion, I'll just say that. I don't

679
01:12:33,049 --> 01:12:37,649
see a problem with this. That's just my two cents' worth.

680
01:12:47,169 --> 01:12:54,839
Um, what I guess the discussion, yeah. Any discussion? But any discussion with

681
01:12:54,839 --> 01:13:02,439
us about that presentation? Uh, questions, I guess in the city's standpoint, we just

682
01:13:02,439 --> 01:13:07,093
try to invoice the regulations with regards to. We have setbacks, the 15 yards, and

683
01:13:07,093 --> 01:13:12,035
so we're stuck enforcing it within that that frame and, and then the city looks at

684
01:13:12,035 --> 01:13:16,008
it is this, you know, I mean, can it just your plans be adjusted to fit within that

685
01:13:16,008 --> 01:13:19,097
frame and that's, that's kind of the city's standpoint with regards to our financial

686
01:13:19,097 --> 01:13:24,379
hardship isn't really one of the qualifying hardships for city reviews. It's all

687
01:13:24,379 --> 01:13:28,054
about the physical, you know, limitations of the property, uh, and that's where the

688
01:13:28,054 --> 01:13:32,001
city's coming from, the point, right? And then they, they're asking you whether or

689
01:13:32,001 --> 01:13:37,049
not that regulation needs to be. You know, a variance from that regulation. Um-hum.

690
01:13:37,729 --> 01:13:38,081
So. So,

691
01:13:40,319 --> 01:13:46,075
OK, that's OK. Yeah, yeah, uh, putting aside that he didn't think it through, uh,

692
01:13:46,959 --> 01:13:54,549
his plans to fit in the property, which Are we going to have any comments from Mr.

693
01:13:54,056 --> 01:14:01,097
Woodman? Uh, to my knowledge, um. Yeah, he's not chat, um,

694
01:14:01,979 --> 01:14:02,649
let me see here.

695
01:14:05,359 --> 01:14:11,072
All right, well, he had indicated he was not going to join on via Zoom, that he was

696
01:14:11,072 --> 01:14:19,014
going to use our, um, AV capture and watch it live. Oh, OK, OK, OK. So putting aside

697
01:14:19,052 --> 01:14:25,799
that oversight on his part, uh, to me, the, the, it's.

698
01:14:26,779 --> 01:14:33,045
One option could be, you know, agreed to 2 ft and 2 ft in the front. B change his

699
01:14:33,045 --> 01:14:39,689
plans, have the deck in a different place, or have, like Rob pointed out, a at grade

700
01:14:39,689 --> 01:14:40,039
patio.

701
01:14:44,959 --> 01:14:50,689
So, um, so at, at this, uh, junction, the only issue here is just the surrounding

702
01:14:50,689 --> 01:14:55,043
of the building. The patio, more information we need in regards to the, you're right.

703
01:14:55,068 --> 01:15:00,279
Thank you. It could be a additional condition if based on a grant of variance, right,

704
01:15:00,056 --> 01:15:05,045
on the board can didn't do. But at this point, the variances with regards to the

705
01:15:05,045 --> 01:15:09,049
four corners of the building. I say four corners, there's more than 4 corners on

706
01:15:09,049 --> 01:15:16,056
that building, but if you get my Didn't I read when I was looking at the packet the

707
01:15:16,056 --> 01:15:23,169
idea of the 2 ft and 2 ft and moving the whole thing a little bit? Can you go to

708
01:15:23,169 --> 01:15:28,339
the um Um, south, I believe. Can you go to the plans with that one? It would basically

709
01:15:28,339 --> 01:15:28,359
fit.

710
01:15:33,035 --> 01:15:33,939
Just go.

711
01:15:36,031 --> 01:15:40,064
You need, you needed a, you need a variance for 2 to 2 2 ft. That would be a separate

712
01:15:40,064 --> 01:15:46,509
one, right? Uh, it would be a front yard variance and a rear yard variance, but that

713
01:15:46,509 --> 01:15:51,035
would be a separate variance of what he's asking for now. Um, the way it's worded

714
01:15:52,279 --> 01:16:00,029
is to front and or rear yard. Setbacks the way it's

715
01:16:00,859 --> 01:16:08,099
noticed, um. So, So, I, Uh, let

716
01:16:08,099 --> 01:16:09,075
me see here.

717
01:16:12,031 --> 01:16:18,087
Is requesting a variance to the front and or rear yard setback requirements. I, I

718
01:16:18,087 --> 01:16:26,052
noticed it as such. He wanted the front yard. But he could live with

719
01:16:26,091 --> 01:16:33,479
the rear yard or maybe half and half and A challenge of planners is if we notice

720
01:16:33,479 --> 01:16:38,001
it one way too strict and then during the meeting the board wants to grant it other

721
01:16:38,399 --> 01:16:44,043
then we would have to go through and re-notice it come back the next month, and you,

722
01:16:44,569 --> 01:16:47,083
you would, it creates a. A, uh,

723
01:16:51,859 --> 01:16:57,033
That kind of a out of control so scenario trying to get all the noticing. I'm just

724
01:16:57,066 --> 01:17:04,459
trying to be clear on this because I was, so if he if if we went in the OK with 2

725
01:17:04,459 --> 01:17:12,359
and 2, then Mr. Wissman would have to resubmit, is that what you're saying? No, he

726
01:17:12,359 --> 01:17:16,729
would be granted the variance of the setbacks by 2 ft from the rear setback and by

727
01:17:16,729 --> 01:17:21,033
2 ft feet from the front yard setback. Got it. OK. And then we'd have to have finding

728
01:17:21,033 --> 01:17:25,919
as to why you granted that variant. And one other item to note just so we're clear

729
01:17:25,919 --> 01:17:33,077
is that setback is not for above grade deck, um. It, it's not counting

730
01:17:33,077 --> 01:17:40,097
that this is the actual structure of the house, etc. So assuming he could

731
01:17:40,097 --> 01:17:45,093
comply, I didn't notice the deck until later on when I was looking at the plans and

732
01:17:45,093 --> 01:17:51,033
everything had been noticed, um, he could do a patio and that would comply, right?

733
01:17:51,041 --> 01:17:55,729
Yeah, I got that part. Yeah, to me that would be the easiest, so the, so the variances

734
01:17:55,729 --> 01:17:59,093
does not include the, uh, the, the patio.

735
01:18:01,649 --> 01:18:09,569
Or um or deck. I, I noticed that he said he'd like to move forward 4 ft.

736
01:18:10,009 --> 01:18:15,209
The problem is by moving 4 ft, you encroach into the front, you know. Correct. Or

737
01:18:15,209 --> 01:18:19,085
if you move it, he said he would also move it more to the north. It looks to me like

738
01:18:19,085 --> 01:18:25,839
if he stayed on point, he would further encroach by the design of the piece of property.

739
01:18:25,099 --> 01:18:30,031
Can, can we go back to that one? You're talking about so this is just an example

740
01:18:30,419 --> 01:18:34,859
of this is with a 4 point, but just like what Pete had mentioned, if he moves 4 ft

741
01:18:34,859 --> 01:18:38,072
this way and to meet, make sure that meets back there along that line because the

742
01:18:38,072 --> 01:18:43,018
pro it's a, you know, ride the way the trap iszoid property, right? It's not 100%

743
01:18:43,018 --> 01:18:48,259
perfectly squared, um, it probably wouldn't move the garage would be more towards

744
01:18:48,259 --> 01:18:53,979
the front yard, um, if you did the full 4 ft in the front if they any of this board

745
01:18:53,979 --> 01:19:00,056
is. Is geared towards moving it closer to the front yard, um, there may be more finding

746
01:19:00,056 --> 01:19:07,009
of facts that allow it to the front. Than it is to out to the rear, so. Dave, if

747
01:19:07,009 --> 01:19:12,069
we granted these variants, even if it's a 2 and 2 or something like that, we'd have

748
01:19:12,069 --> 01:19:18,359
to, to, we have to say, here's why. So if we, Rob, if you can go back to the whole

749
01:19:18,359 --> 01:19:22,045
neighborhood, the, um, and then with the satellite map look in that neighborhood.

750
01:19:24,025 --> 01:19:27,081
You know what I mean, we look from the road to the properties to where the garages

751
01:19:27,081 --> 01:19:31,799
are. I don't. Everybody's online.

752
01:19:42,068 --> 01:19:49,879
So, everybody on that side of Bayview Drive is in compliance and in line. Is everyone

753
01:19:49,879 --> 01:19:53,004
in compliance with when you say in line, what do you mean by that? Their garages

754
01:19:53,004 --> 01:19:57,479
are no sticking out. They're all, you can look down the line you can see if they're

755
01:19:57,479 --> 01:20:03,529
all lined up. Got it. OK. And, I, I guess the other thing I just want to bring up,

756
01:20:04,014 --> 01:20:09,068
when talking about the, the setback to the rear, to the golf course. That is kind

757
01:20:09,068 --> 01:20:17,054
of a no no. Um, the golf course is, uh, Basically saying we don't want

758
01:20:17,054 --> 01:20:22,001
anything any closer to the golf course. We're going to cut some trees down, those

759
01:20:22,001 --> 01:20:27,379
big trees right there, right behind the property. No, they're actually up the, up

760
01:20:27,379 --> 01:20:31,005
the road as you're coming down, maybe it'll be the first amount of trees. There's

761
01:20:31,005 --> 01:20:35,004
gonna be some of those trees that are going to come down. That's going to make a

762
01:20:35,018 --> 01:20:42,879
landing area. In that lot and already the golf course has been faced with potential

763
01:20:42,879 --> 01:20:48,001
lawsuits of golf balls coming into somebody's property and that happened on the old

764
01:20:48,001 --> 01:20:55,669
9, so. The golf course does not want to have any more, Exposure than they have to

765
01:20:55,669 --> 01:21:02,047
have. And my other thought about being on the lake on the, on the roadside if you

766
01:21:02,047 --> 01:21:08,109
pull that thing out any further, that you're coming around a curve there and by the

767
01:21:08,109 --> 01:21:14,979
time your driveway is there, um. I, I think you're going to, I just don't think it's

768
01:21:14,979 --> 01:21:21,479
a real safe thing to be any closer to the road there. It's a narrow road. Um-hum.

769
01:21:21,799 --> 01:21:26,549
Yeah, I'm it's quite familiar with that. It's got potholes everywhere. But anyway,

770
01:21:26,064 --> 01:21:31,012
it's. Well, that's another. It's just one of those things. I, I kind of, I wish there

771
01:21:31,012 --> 01:21:38,008
was a way to, That, for me, it could make that fit, but, uh. Without modifying his

772
01:21:38,008 --> 01:21:43,319
plans. But, and maybe modifying the plans. I mean, if, if that's what it takes. Um,

773
01:21:44,799 --> 01:21:49,012
I'm, uh, I'm kind of with the, I, I talked about the setbacks and the compliance

774
01:21:49,012 --> 01:21:53,609
and traffic, uh, the golf balls, big time, and, uh.

775
01:21:56,959 --> 01:22:02,052
And I think you, you go back up to again and uh inconvenience and additional money

776
01:22:02,052 --> 01:22:07,049
is not adequate and I talked to put the money in the plans and things like that.

777
01:22:07,879 --> 01:22:14,045
I feel for that fact, but uh I have a question with regards to our position. If we

778
01:22:14,045 --> 01:22:21,097
say, OK, we're gonna grant a variance on this, and we're gonna allow it to uh

779
01:22:21,097 --> 01:22:28,979
extend into or out of the boundaries. Are we setting a precedent

780
01:22:29,018 --> 01:22:36,062
for future referencing so that if we get the same scenario six months from now, are

781
01:22:36,062 --> 01:22:41,009
we exposed to have to say, OK, well we're going to have to let this one pass too,

782
01:22:41,299 --> 01:22:44,819
because we, we let the last one go? I would defer that to the.

783
01:22:47,008 --> 01:22:47,012
Well done in your,

784
01:22:50,709 --> 01:22:55,399
in your quasi-judicial position that is true, right? So your, your past rulings will

785
01:22:55,399 --> 01:22:59,919
have some, will have some effect on future rulings. Um, and then we try to focus

786
01:22:59,919 --> 01:23:04,072
on that, that, you know, layout of the land and the car, you know, all land is considered

787
01:23:04,072 --> 01:23:09,569
unique, but there are some which are get, get quite similar and run into a similar

788
01:23:09,569 --> 01:23:14,008
situation, and then that would have an effect. So that would lead to my second question

789
01:23:14,008 --> 01:23:20,087
then in the past. Has there ever been a variance for the same reasons?

790
01:23:22,016 --> 01:23:29,087
That we're being asked to consider. Um, not that I recall. Um, Oftentimes,

791
01:23:29,097 --> 01:23:36,077
based on our criteria. A lot of times we recommend denial. It's hard for

792
01:23:36,077 --> 01:23:42,549
staff, uh, you know, I personally like to help people try to find a solution, um,

793
01:23:42,689 --> 01:23:50,018
and so it's like a lot of times, I mean, I can understand. Why they would want the

794
01:23:50,018 --> 01:23:56,029
variants and I would like for them to be able to build their project as they want,

795
01:23:56,399 --> 01:24:02,014
um, it just, it didn't meet the standards of evaluation and so that unfortunately

796
01:24:02,014 --> 01:24:07,569
we we weren't able to recommend approval so. Um, I don't know if that answered your

797
01:24:07,569 --> 01:24:14,049
question, but I don't know, like, a lot of times where we grant variants to setback

798
01:24:14,049 --> 01:24:21,043
requirements, um, I have recommended approval for, um, variances

799
01:24:21,072 --> 01:24:29,037
previously. Um, one example was. The way the road circled the property,

800
01:24:29,058 --> 01:24:35,007
it created like a big front yard and then there they had a big lot, but the lot was

801
01:24:35,007 --> 01:24:41,759
super steep and so in order to meet. Um, Meat, uh.

802
01:24:43,379 --> 01:24:48,054
The standards of, uh, to meet that requirement, they would have to do like a 20 ft

803
01:24:48,054 --> 01:24:53,066
retaining wall in the shape of the lot because it wasn't a nice flat lot that can

804
01:24:53,066 --> 01:25:00,729
be developed and so like in this scenario, um. Based on the size of the lot. It's

805
01:25:01,009 --> 01:25:05,609
a little bit wider, a little bit narrower. They're sufficient that he could develop

806
01:25:05,609 --> 01:25:12,097
it, um, with a reasonable sized house. Unfortunately, the financial hardship or he

807
01:25:12,097 --> 01:25:19,000
liked this plan doesn't constitute, um, recommendation of approval because there's

808
01:25:19,000 --> 01:25:24,009
other solutions, and that's, that's the, um. You know, the, the hard part about this

809
01:25:24,009 --> 01:25:29,045
is, at least as a planner, is, you know, we, we wanna help people, uh, we, we don't

810
01:25:29,045 --> 01:25:34,009
object to the house they wanna build. It just doesn't fit on the slot. He needs just

811
01:25:34,009 --> 01:25:37,041
a, a, a different, different layout unfortunately.

812
01:25:39,069 --> 01:25:43,379
Yeah, so when you were speaking about the golf course, that's in kind of in your

813
01:25:43,379 --> 01:25:47,004
capacity as the golf court, right, based on your experience board and, yeah, and,

814
01:25:47,149 --> 01:25:49,031
and the superintendent, OK, yeah.

815
01:25:51,041 --> 01:25:56,058
So that would be considered a relation, you know, an observation. It is experience

816
01:25:56,058 --> 01:26:03,899
observation you can bring in on that one that is allowable to have to um it is or

817
01:26:03,899 --> 01:26:08,899
not allowable yeah your observations is allowable how you view the property and the

818
01:26:08,899 --> 01:26:13,006
concerns you know of. Well, he has some experience with the Gulf War because that

819
01:26:13,006 --> 01:26:17,919
area and it's adjacent to the it is true it's adjacent to the. The golf course. OK.

820
01:26:18,012 --> 01:26:24,029
All right. And, um, I'll, and Dave, if you need to correct me on this, but you know

821
01:26:24,029 --> 01:26:31,669
that could be added to a finding of fact is um that it could increase potential liability,

822
01:26:31,095 --> 01:26:37,149
um, due to the nature of close proximity, and that could be an additional finding

823
01:26:37,041 --> 01:26:44,099
is while you're not objecting to him building a house, increasing, reducing the setback

824
01:26:44,099 --> 01:26:51,077
in the rear. To the golf course, um, is problematic, you know, for whatever reasons.

825
01:26:52,006 --> 01:26:57,056
I mean, I, I personally would love to make this work. He's a neighbor of mine. Right.

826
01:26:57,074 --> 01:27:02,072
And I live on the street and, uh, I would love to make this thing work. Uh, it just,

827
01:27:02,839 --> 01:27:07,209
it just seemed that there's just too many little things that maybe could, maybe you

828
01:27:07,209 --> 01:27:11,859
could change a little bit and still put it on there. But I'm thinking to worry about

829
01:27:11,859 --> 01:27:16,007
the traffic. I, I hear from the, the neighbor to the south is one of them that made

830
01:27:16,007 --> 01:27:22,279
comments, and that was one of their concerns was everybody's been in compliance for

831
01:27:22,066 --> 01:27:29,087
years down the street, um, and it does would. It

832
01:27:30,299 --> 01:27:36,006
would Obscure their view a little bit too, which they didn't really talk about that

833
01:27:36,006 --> 01:27:40,779
much. They're, they being the, the other folks down the street at number 2 green

834
01:27:40,779 --> 01:27:46,002
or number 1 green. Oh, OK. So that, that they didn't really make it their, their

835
01:27:46,002 --> 01:27:52,016
point was more to the traffic on the road and that if they put it out to the front,

836
01:27:52,054 --> 01:27:58,004
um. And I don't know. I mean, that, that, say the driveway going into the house,

837
01:27:58,299 --> 01:28:03,001
um, I don't know what that distance is to the road, but it looks like it could be

838
01:28:03,001 --> 01:28:08,079
very close if you put it, you came back out 4 ft or you can, you know, in the 2 ft,

839
01:28:10,045 --> 01:28:17,093
yeah. But even if you put a patio in something at ground level, I, I, I agree that

840
01:28:17,093 --> 01:28:24,859
would still be a, a, uh. You still have issues with the things you brought

841
01:28:24,859 --> 01:28:29,149
up before, uh, the potential liability, the golf balls coming in. That's what I'm

842
01:28:29,149 --> 01:28:34,589
thinking too at that time. It seems to me that the, the best answer for you to plan

843
01:28:34,589 --> 01:28:42,005
is to bring that car garage off from. What would be the south side of the house and.

844
01:28:43,041 --> 01:28:49,589
Do some movement of the entryway. Yeah, well, that's something that, you know, I'm

845
01:28:49,589 --> 01:28:52,959
gonna go back to the building. Yeah, that's the only way you can then everything

846
01:28:52,959 --> 01:29:00,081
fits. But because you build a house that looks just exactly like this, on a lot that

847
01:29:00,081 --> 01:29:06,081
doesn't look exactly like this, it's, it's like saying, I actually wear a size 11

848
01:29:06,081 --> 01:29:11,629
shoe, but I'm going to wear these size 8.5s all day long. You know, it just doesn't

849
01:29:11,629 --> 01:29:16,091
fit them a lot. So, that's the problem. Is there any more comment from Zoom, um.

850
01:29:17,089 --> 01:29:22,085
No, no, I think if you can ask for public comment. I know there's no one here to

851
01:29:22,085 --> 01:29:27,459
give it, but just in case someone's hiding in the public comment. See none hearing

852
01:29:27,459 --> 01:29:35,097
none. Um, OK. Any more comments, 1 more. Concussion. Um,

853
01:29:36,035 --> 01:29:42,609
somebody like to entertain emotion. I entertain a motion to, uh, Dave, help me out

854
01:29:42,609 --> 01:29:46,089
on this one. So entertain a motion to adopt the staff report. I entertain a motion

855
01:29:46,089 --> 01:29:52,169
to adopt the staff report. Can I second that motion. OK, we have a motion to adopt

856
01:29:52,169 --> 01:29:56,029
the staff report, and we have a second. In the discussion.

857
01:29:58,041 --> 01:30:05,629
Roger. Well, yeah, Roger, all in favor. Roger doesn't have anything.

858
01:30:08,043 --> 01:30:08,439
I

859
01:30:10,589 --> 01:30:16,024
I just don't want to leave Roger out. Roger. OK, all right, no, I, I, I, Jim, I'm

860
01:30:16,024 --> 01:30:17,031
OK with it. I voted aye.

861
01:30:21,379 --> 01:30:22,729
All right, all right, all right, OK.

862
01:30:25,045 --> 01:30:31,097
David, can I ask you a quick question, please? So, two of us up here known.

863
01:30:34,001 --> 01:30:41,058
Mr. Weissman. Casually, I know him more casually than Larry does. If we're approached

864
01:30:41,058 --> 01:30:48,419
by this individual about the decision he's made. What do we do? You can just say

865
01:30:48,419 --> 01:30:53,045
see the staff report. We adopt the staff report's finding. Right, if it's a public

866
01:30:53,045 --> 01:30:59,129
comment, I mean, given the, the, the hearing's over, right, you get, they have so

867
01:30:59,129 --> 01:31:03,029
much time to go through the appeal process, uh, you know what I mean? So I would

868
01:31:03,029 --> 01:31:06,759
say, you know, look at the staff report or address your comments or the city, city

869
01:31:06,759 --> 01:31:11,109
of things. Just don't get into it. Try not, try not to get into on that side, talk

870
01:31:11,109 --> 01:31:17,109
to him about anything else, right? Non, non, uh, BOA, you know, board of adjustment.

871
01:31:17,035 --> 01:31:22,014
Issues right until he gets past that everything is done that may change his plans

872
01:31:22,014 --> 01:31:25,085
as I'm done with it and you're fine. You're out of the appeal zone time period because

873
01:31:26,029 --> 01:31:29,027
Rob will submit a letter saying you're denying your request as part of that letter

874
01:31:29,027 --> 01:31:34,002
includes, you know, the process to appeal if you desire to appeal. And then, um,

875
01:31:34,149 --> 01:31:37,089
you know, right now we're in a public meeting, but we don't really talk about it

876
01:31:37,089 --> 01:31:43,169
in case it becomes evident, evidential, right, the preceding aspect, um. And you

877
01:31:43,169 --> 01:31:47,037
may know people and as long as you feel that it doesn't affect you like it's not

878
01:31:47,037 --> 01:31:51,649
going to, so if it's like your daughter's house or your son's house or somebody your

879
01:31:51,649 --> 01:31:55,037
brother's house, probably should abstain from a vote and say, you know, this is relative's

880
01:31:55,037 --> 01:32:02,066
house, um. You sustain, uh, sustained from the boat, not necessarily discussion because

881
01:32:02,066 --> 01:32:07,006
discussion has overreaching broad implications, but you probably should stain from

882
01:32:07,006 --> 01:32:11,054
the boat in that case. But if you run run from after I can just say I can't talk

883
01:32:11,054 --> 01:32:15,649
about it right now. It's a. Can be part of the board of adjustments until it's good

884
01:32:15,649 --> 01:32:20,045
and dead and done and then you know if you guys want to mention why, right, you can

885
01:32:20,045 --> 01:32:25,529
always point to the staff report this is the the part of the variance right is that.

886
01:32:26,319 --> 01:32:29,319
Some people will come in and say I'm just gonna ask for a variance because if I did

887
01:32:29,319 --> 01:32:33,095
it in a different jurisdiction. But each jurisdiction is different. Some are, some

888
01:32:33,095 --> 01:32:38,049
jurisdictions are so restrictive, the only way to get through is variants, and some

889
01:32:39,029 --> 01:32:43,075
other jurisdictions aren't as restrictive. Um, I wouldn't say Polson is the most

890
01:32:43,075 --> 01:32:46,589
restrictive, and I wouldn't say it's the least restrictive jurisdiction. It's not

891
01:32:46,589 --> 01:32:51,189
counting. We have some standards, um, but we do try to work with people to try to

892
01:32:51,189 --> 01:32:55,149
get around and building and letting them know that, you know, there are alternatives.

893
01:32:55,027 --> 01:32:58,039
I mean, we had one guy come in with his garage that was 2 ft over, and we just told

894
01:32:58,039 --> 01:33:02,004
him, Is there any way you can just cut the garage 2 ft? And they said, yeah, we'll

895
01:33:02,004 --> 01:33:06,002
just got the garage 2 ft, you know, it's a compact car garage now and not, you know,

896
01:33:06,109 --> 01:33:12,008
a big, a diesel truck garage. So, I mean, It's where it's possible. There's lots

897
01:33:12,008 --> 01:33:15,075
of possibilities there and the developer has an unlimited amount of possibilities

898
01:33:15,075 --> 01:33:22,000
to develop their property for the better or worse and uh to meet regulations. But

899
01:33:22,000 --> 01:33:28,439
to Pete's point though, uh, Mr. Weissman could certainly listen to the whole recording.

900
01:33:29,279 --> 01:33:31,033
Um, yeah, mhm. OK, yeah,

901
01:33:33,068 --> 01:33:40,016
on, on the, well, it's, it's there for. Austerity too, yeah, that too so he could

902
01:33:40,016 --> 01:33:46,093
pick up hints of what we're thinking about to give him some ideas. So just like the

903
01:33:46,093 --> 01:33:50,839
last applicants, that's where I'm going, Dale. It's like we talked about different

904
01:33:50,839 --> 01:33:57,004
options and yeah and a lot, and a lot of times that that happens sometimes, uh, some

905
01:33:57,004 --> 01:34:01,027
claimants will jump right into a variance request without going into additional options.

906
01:34:01,459 --> 01:34:06,379
Some people will go through. Additional options, uh, right off the bat, and so we'll

907
01:34:06,379 --> 01:34:10,979
get 3 or 4 iterations of this of plans, similar, different changing up to fit to

908
01:34:10,979 --> 01:34:15,279
it, uh, and you'll, so you'll get a lot of it where they, you know, like they'll,

909
01:34:15,459 --> 01:34:19,459
and the story they'll come in is like I'm trying everything to fit this, and it may

910
01:34:19,459 --> 01:34:23,029
not necessarily comply, right, and they'll have a better, better status, but this

911
01:34:23,029 --> 01:34:28,939
one seems to be, you know, preexisting plans to fit a new size lot that don't comply

912
01:34:28,939 --> 01:34:33,839
and then. we would hope that we would comply and we're not against the house. It

913
01:34:33,839 --> 01:34:38,024
just doesn't comply with the setbacks. We have to force the regulations, um, and

914
01:34:38,024 --> 01:34:42,799
you're the only ones who can grant a variance that regulation based on some finding

915
01:34:42,799 --> 01:34:46,072
of facts that you believe allows them to get a variance.

916
01:34:50,569 --> 01:34:53,000
To entertain a motion to adjourn.

917
01:34:56,089 --> 01:35:00,033
So, uh, motion to adjourn, adjourn 2nd, 2nd. All right,

918
01:35:02,079 --> 01:35:05,018
all right. OK, recording stopped.

919
01:35:07,033 --> 01:35:12,018
Bye, Roger. Thank you. Yeah, bye, Roger. Um,