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the AUGUST 25th, 2026,

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Shoreview Planning Commission

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meeting. I

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m Craig John. I am

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the chair of the planning

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commission. Please note that

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the meeting is streaming live

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on the city

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s website as well

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as broadcast on tv Channel 16.

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Applicants will be, um, and

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members of the public will be

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able to Testify in person

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during the appropriate agenda

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item. The first item tonight is

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roll call. I will note that

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Commissioner Helgen is not

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present at this time. So 6 of 7

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commissioners are here today.

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So let

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s move on to the

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approval of the agenda. Um, in

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case someone in our audience

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does not have a copy of our

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agenda. We have 3 items of new

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business tonight. We have a

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fence height variance request

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for 675 Sunset Court by Mark

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Palmquist. We have a

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residential design review and

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variance requests for 559

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Harbor Court. By 580 Shoreview

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llc. We also have a variance

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request for 804 Connie Road, I

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West by Robert Fried. Are there

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any changes to the agenda? MR.

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Chair. Monsieur Simonson, I

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d

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like to make a motion to

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approve the agenda for AUGUST

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22nd as presented been moved in

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2nd. All those in favor say aye.

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Aye, the same side. We have

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unanimous. Approval of the

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agenda. So let

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s move on to the

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minutes from the JULY 28th,

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2026 Planning commission. Does

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any commissioner wish to

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recommend changes to the

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minutes? Commission arrested. I

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move to approve the minutes as

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presented. So moved 2nd, it

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s

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been moved in 2nd. All those in

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favor say aye, aye aye the same

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sign once again unanimous. Ok.

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Item 5, report on city council

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action. Redevelopment director,

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assistant Community Development

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Director Nikki Hill, would you

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please report on city council

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s

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action that has affected the

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commission this past month.

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Thank you, chair. I thought

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AUGUST 17th City Council

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meeting, the Chipotle

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Comprehensive Sign Plan at 3333

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Rice Street was approved and

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that was the only action. I bet.

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Thank you. Thank you, MS. Hill.

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All right. So before we start

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our items of new business, I

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m

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just gonna provide a brief

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description of our meeting

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process. For 3 items of

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business tonight. Staff will

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first give a presentation at

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the conclusion of the

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presentation. The commission

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will be able to ask staff

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questions. Then we will ask for

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the Applicant to come up and

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make comments. And the

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commission will then ask

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questions of the applicant, and

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then we will have the any

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members of the public that wish

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to speak on that particular

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item to come up. After hearing

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all your comments and

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responding to our questions, we

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will bring it back to the

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commission to Debrief and

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Together a proposal. For

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applicants and the public

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whenever making a comment, it

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is important that you step up

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to the mic to be heard over the

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recording? We ask that you give

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your full name and your address

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for the record, and we ask that

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you be concise and stay on

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topic. If you need to use the

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screen, you can do so. There

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s

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a mouse located right next to

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the computer. We prefer you do

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that rather than turning point

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away from the microphone. Um,

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Please direct all your comments

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and questions to the planning

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commission as a general rule,

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we don

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t want to give into back

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in. 4th debates. We also only

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allow one time to testify. We

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don

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t want. Multiple hearing

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the same thing over and over

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again. I will note that

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decisions on variances in

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residential design reviews, our

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final decisions by the planning

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commission, this won

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t move on

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to the city council. So with

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that, let

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s move on to new

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business. Item 78 is a fence,

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height variance request by Mark

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Palmquist. The location is 675

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Sunset Court and Associate Pass

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uh planner, Will Harris, you

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have the presentation. Uh,

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thank you, Chair John. One item

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of clarification, uh, the city

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had noticed for a variance

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request at 5803 Churchill, uh,

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for a driveway width variants,

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if any of the members of the

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public are here to speak on

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behalf of that, that

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application was pulled, uh,

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after the notice had already

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been sent out, so I just wanted

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to provide clarification if

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anybody was here to speak on

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behalf of that. And with that,

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I will get into the request for

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675 Sunset Court. As stated,

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this is a fence height variance

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request, uh, for the location

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on the north side of the

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property. Uh, which is located

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along a city right of way

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easement orienting ourselves,

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uh, the property is going to be

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located on the eastern side of

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Turtle Lake, uh, with access

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off of Sunset Court, um, with,

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uh, the northernmost. Portion

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of the property also having um

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or a budding, uh, a city right

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of way easement that uh is

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currently undeveloped. The

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property is located within the

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r1 zoning district. Um, it is a

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substandard riparian lot due to

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the lot width of 36.65 ft along

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Sunset Court, as you can see

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here. In the lower corner of

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the property. The total lot

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area is 43,221 square feet with

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an additional width of 83.69 ft

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long Turtle Lake. The home was

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constructed in 2019. Uh, it is

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3,772 total square feet with an

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attached garage, um, and as a

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part of that development, it

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did go through a residential

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design review and variance

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request in 2017. Um, That uh

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variance was approved for a

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lakeside setback variants, uh,

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due to the unique lot shape of

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the property. Uh, the variance

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request and the staff report

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that was attached, noted that

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uh the setback averaging

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requirements for the two

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adjacent properties included

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this standard non-riparian lot

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that is located to the east of

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the property, and therefore the

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setback range for the front

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setback would have been at

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about 135. 150 ft, thus

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locating the home. Up in this

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uh northern corner. Um, and

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thus would have required a

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setback variance from the

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lakeside setback. So it was a

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pick your poison moment between

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the, the front and the lake

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side, uh, ultimately the

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homeowners did decide to go

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with the lakeside variants,

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which was approved by the

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planning commission. As stated,

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uh, the lot does border, uh, a

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city right of way easement

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located on that northern side,

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a little bit of history with

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that, uh, this easement is, uh,

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commonly known as Dome

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s Alley.

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Uh, it was originally platted

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back in 1916 with a width of

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15.5 ft. Um, the city

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previously had been maintaining

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and plowing this area, um, but

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during the preparation of this

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report, Uh, the streets

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department and the public works

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department of the city

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uncovered a resolution that was

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passed in 2001, um, which

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affected the western 450 ft of

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this alleyway along this side

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here. So this resolution was

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authorized by the property

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owners of Uh. The northern

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property here and two of the

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properties up here we

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ll get

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into the specific addresses a

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little bit later for the

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visuals, but, um, it

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s 50/59

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Alameda, 690 Burch Lane South

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and 688 Birch Lane South, um,

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had signed a shared access

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agreement to maintain this

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portion of the alleyway,

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including street repairs and

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street plowing. So, uh, this

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was done in exchange for the

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right to use the alleyway for

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ingress and egress to some de

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Attached garages that are

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located on the southern sides

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of those properties. Uh, moving

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forward, the city public works

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superintendent stated that the

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residents in this area had been

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receiving technically free

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plowing based off of that 2001

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agreement, um, and so the, the

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city moving forward, um, will

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be deferring maintenance to

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those property owners and no

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longer be maintaining that area

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moving forward. So, ultimately,

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that stretch of Dome

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s alley is

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going to be maintained by those

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property owners and not the

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city. The remaining homes along

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Birch and Sunset to the north

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up here. Um, use this, uh, Lot

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b or the uh eastern side of

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Dome

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s Alley for kind of a a

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rear yard area as you

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standardly would. Um, there

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s

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accessory structures and

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landscaping areas that are in

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close proximity to it, so, um,

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if this were to be developed at

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a future date into a city right

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of way, um. The, the, the width

286
00:09:59,801 --> 00:10:00,869
of the The easement and uh some

287
00:10:00,869 --> 00:10:03,269
serious impacts to those

288
00:10:03,705 --> 00:10:05,207
homeowners would need to be um

289
00:10:05,207 --> 00:10:08,177
considered if that were to take

290
00:10:08,177 --> 00:10:10,577
place, but since 1916, there

291
00:10:10,879 --> 00:10:12,381
has been no thought of

292
00:10:12,381 --> 00:10:13,215
development past that 450 ft

293
00:10:13,215 --> 00:10:16,215
from the agreement that was

294
00:10:17,986 --> 00:10:19,521
previously noted. So the

295
00:10:19,521 --> 00:10:22,521
proposal from the applicant, uh,

296
00:10:22,791 --> 00:10:24,727
is to construct a 4-foot fence

297
00:10:24,727 --> 00:10:26,729
along a portion of the property

298
00:10:26,729 --> 00:10:28,164
and a six-foot fence along that

299
00:10:28,164 --> 00:10:29,565
northernmost property that does

300
00:10:29,565 --> 00:10:31,433
abut the city right of way

301
00:10:31,433 --> 00:10:34,433
easement. Currently there is no

302
00:10:34,737 --> 00:10:36,739
fence in that area. Um, however,

303
00:10:36,739 --> 00:10:38,641
the 4-foot fence of section of

304
00:10:38,641 --> 00:10:40,109
fence could be approved

305
00:10:40,109 --> 00:10:42,110
administratively and a 4-foot

306
00:10:42,110 --> 00:10:42,645
fence could be approved

307
00:10:42,645 --> 00:10:44,413
administratively in the

308
00:10:44,413 --> 00:10:45,810
proposed location of the

309
00:10:45,810 --> 00:10:47,481
six-foot fence. Um, however,

310
00:10:50,786 --> 00:10:53,186
due to Section 10765 subsection

311
00:10:55,324 --> 00:10:57,193
d 7b1. Uh, any fence that is in

312
00:10:57,193 --> 00:10:59,950
any yard adjacent to a public

313
00:10:59,950 --> 00:11:00,363
road right of way or road

314
00:11:00,363 --> 00:11:03,363
easement MAY not exceed that 4

315
00:11:04,700 --> 00:11:06,669
ft height. And so, as you can

316
00:11:06,669 --> 00:11:08,905
see on the screen here, uh,

317
00:11:08,905 --> 00:11:10,373
this gives a nice visual of

318
00:11:10,373 --> 00:11:12,775
what the applicant is looking

319
00:11:12,775 --> 00:11:15,878
for, uh, the area in yellow

320
00:11:15,878 --> 00:11:16,790
here is going to be, um, Where

321
00:11:16,790 --> 00:11:17,280
they

322
00:11:17,280 --> 00:11:19,115
re proposing the 4 ft

323
00:11:19,115 --> 00:11:21,517
fence and the 6 ft fence is

324
00:11:21,517 --> 00:11:22,952
going to be as stated, located

325
00:11:22,952 --> 00:11:23,553
along that easement on the

326
00:11:23,553 --> 00:11:25,953
northernmost portion of the

327
00:11:29,492 --> 00:11:30,927
property. The variance criteria

328
00:11:30,927 --> 00:11:32,929
must meet the three following

329
00:11:32,929 --> 00:11:36,529
items, it must be requested in

330
00:11:36,833 --> 00:11:38,635
a reasonable manner. Uh, the

331
00:11:38,635 --> 00:11:39,702
unique circumstance is, uh, the

332
00:11:39,702 --> 00:11:41,504
property, the plate of the

333
00:11:41,504 --> 00:11:42,639
property is due to the

334
00:11:42,639 --> 00:11:45,390
circumstances that are unique,

335
00:11:45,442 --> 00:11:46,443
not created by the homeowner,

336
00:11:46,443 --> 00:11:47,210
uh, and the request must

337
00:11:47,210 --> 00:11:50,210
maintain the character of the

338
00:11:51,214 --> 00:11:53,116
neighborhood. Staff believes

339
00:11:53,116 --> 00:11:55,652
that a practical difficulty is

340
00:11:55,652 --> 00:11:57,420
present for this request, um,

341
00:11:57,420 --> 00:11:58,955
6-foot fences are permitted

342
00:11:58,955 --> 00:12:01,955
within the r1 residential area,

343
00:12:02,292 --> 00:12:02,403
um, And the, the applicant

344
00:12:02,403 --> 00:12:04,403
s

345
00:12:05,280 --> 00:12:06,663
desire to have a fence in that

346
00:12:06,663 --> 00:12:08,865
location is a reasonable

347
00:12:08,865 --> 00:12:11,265
request, um, staff believes

348
00:12:11,735 --> 00:12:12,769
that the owner faces a unique

349
00:12:12,769 --> 00:12:15,500
circumstance in this situation.

350
00:12:15,500 --> 00:12:17,405
Uh, the unutilized easement

351
00:12:17,674 --> 00:12:18,942
does create, uh, that unique

352
00:12:18,942 --> 00:12:20,444
circumstance that inhibits the

353
00:12:20,444 --> 00:12:22,346
owner from constructing that 6

354
00:12:22,346 --> 00:12:23,981
ft fence, uh, that would

355
00:12:23,981 --> 00:12:24,915
otherwise be allowed, uh, in

356
00:12:24,915 --> 00:12:27,151
this proposed location, should

357
00:12:27,151 --> 00:12:28,952
the easement not be located

358
00:12:28,952 --> 00:12:30,788
there, um, and the, the

359
00:12:30,788 --> 00:12:32,623
variants, if granted, would not

360
00:12:32,623 --> 00:12:33,690
alter the the character of the

361
00:12:33,690 --> 00:12:36,900
neighborhood, uh, again, as

362
00:12:36,927 --> 00:12:38,529
stated, a 4 ft fence could be

363
00:12:38,529 --> 00:12:40,529
approved administratively, um,

364
00:12:40,798 --> 00:12:43,867
but the, due to the location of

365
00:12:43,867 --> 00:12:47,467
the 6 ft fence being uh uh

366
00:12:47,504 --> 00:12:49,730
nearly 200 ft from Sunset Court,

367
00:12:49,730 --> 00:12:50,975
um, and about 200 ft from

368
00:12:50,975 --> 00:12:51,940
Alameda Street, uh, it wouldn

369
00:12:51,940 --> 00:12:52,343
t

370
00:12:52,343 --> 00:12:53,778
really negatively impact the

371
00:12:53,778 --> 00:12:55,479
neighborhood because it would

372
00:12:55,479 --> 00:12:58,479
be very hidden from other

373
00:12:58,883 --> 00:13:01,283
surrounding properties as well.

374
00:13:01,285 --> 00:13:02,753
Uh, staff sent notice to

375
00:13:02,753 --> 00:13:05,153
property owners within 100 ft

376
00:13:05,589 --> 00:13:07,491
or 150 ft of the property. Uh,

377
00:13:07,491 --> 00:13:08,959
one comment was, uh, received

378
00:13:08,959 --> 00:13:09,727
in opposition, and that comment

379
00:13:09,727 --> 00:13:12,727
was included in your packets

380
00:13:13,898 --> 00:13:14,865
this evening. Uh, but

381
00:13:14,865 --> 00:13:16,865
ultimately, staff does

382
00:13:18,703 --> 00:13:19,537
recommend that the planning

383
00:13:19,537 --> 00:13:21,537
commission adopt Resolution

384
00:13:21,572 --> 00:13:23,107
26-66, uh, approving the

385
00:13:23,107 --> 00:13:25,507
variant submitted by Mark

386
00:13:25,910 --> 00:13:27,411
Palmquist for the 6 ft privacy

387
00:13:27,411 --> 00:13:29,414
fence that abuts a city right

388
00:13:29,414 --> 00:13:30,715
of way, easement subject to the

389
00:13:30,715 --> 00:13:32,183
conditions outlined in the

390
00:13:32,183 --> 00:13:33,500
resolution. And with that, I

391
00:13:33,500 --> 00:13:35,887
will stand for questions. Thank

392
00:13:35,887 --> 00:13:36,870
you, MR. Harris, commissioners.

393
00:13:36,870 --> 00:13:37,555
What

394
00:13:37,555 --> 00:13:39,390
s your Ahmadvan? Things.

395
00:13:39,390 --> 00:13:40,792
So, When I

396
00:13:40,792 --> 00:13:42,594
m looking at the

397
00:13:42,594 --> 00:13:45,594
picture with the orange outline

398
00:13:46,631 --> 00:13:50,231
of the property. Um, yeah, that,

399
00:13:52,537 --> 00:13:54,500
that one works. So, Alameda

400
00:13:54,500 --> 00:13:55,440
Avenue or Alameda Street behind

401
00:13:55,440 --> 00:13:59,400
it there comes down and then

402
00:14:00,345 --> 00:14:02,280
that turns into the. Future Uh,

403
00:14:02,280 --> 00:14:04,280
shared alleyway, essentially.

404
00:14:06,184 --> 00:14:08,753
Correct. So Alameda Street, uh,

405
00:14:08,753 --> 00:14:08,872
provides access to, um, there

406
00:14:08,872 --> 00:14:10,755
s

407
00:14:10,755 --> 00:14:10,875
3 homes that are located. Let

408
00:14:10,875 --> 00:14:12,875
s

409
00:14:15,193 --> 00:14:16,862
go back to the aerial. So

410
00:14:16,862 --> 00:14:19,262
Alameda Street provides access

411
00:14:22,670 --> 00:14:23,969
to um, About 3 to 4 homes if

412
00:14:23,969 --> 00:14:25,437
you count 1559, even though

413
00:14:25,437 --> 00:14:28,306
that one is technically one of

414
00:14:28,306 --> 00:14:30,509
those homes that had signed the

415
00:14:30,509 --> 00:14:32,311
maintenance agreement, um, and

416
00:14:32,311 --> 00:14:35,311
then that small portion. Right

417
00:14:37,150 --> 00:14:38,417
here. That starts going

418
00:14:38,417 --> 00:14:39,151
eastward off of Alameda, that

419
00:14:39,151 --> 00:14:39,518
is the alleyway that

420
00:14:39,518 --> 00:14:40,486
s in

421
00:14:40,486 --> 00:14:43,486
question. And in those houses

422
00:14:44,790 --> 00:14:46,258
there. Their driveways come out

423
00:14:46,258 --> 00:14:49,858
to that alleyway. Yes, so there

424
00:14:55,300 --> 00:14:57,202
are. 3 Properties. Um She had a

425
00:14:57,202 --> 00:14:59,571
better visual of it, but yes,

426
00:14:59,571 --> 00:15:00,706
there are 3 properties, 2 of

427
00:15:00,706 --> 00:15:04,306
which that are along Birch Lane

428
00:15:04,644 --> 00:15:07,644
South here. That have rear

429
00:15:07,813 --> 00:15:08,514
garages. That receive access

430
00:15:08,514 --> 00:15:12,114
off of that alleyway. Do we

431
00:15:12,785 --> 00:15:15,121
know if Their driveways go out

432
00:15:15,121 --> 00:15:16,589
to Birch Street by chance or no,

433
00:15:16,589 --> 00:15:17,990
just out of curiosity, like a

434
00:15:17,990 --> 00:15:21,594
like a like a pass through, if

435
00:15:21,594 --> 00:15:23,950
you will, driveway. Um, all the

436
00:15:23,950 --> 00:15:25,464
way through the property, um,

437
00:15:25,464 --> 00:15:26,132
that I do not believe so, no.

438
00:15:26,132 --> 00:15:27,833
Um, however, I

439
00:15:27,833 --> 00:15:29,669
m not sure if

440
00:15:29,669 --> 00:15:31,170
they have an additional front

441
00:15:31,170 --> 00:15:33,172
facing garage where they can

442
00:15:33,172 --> 00:15:33,506
have access off of birch and

443
00:15:33,506 --> 00:15:35,506
off of Dome

444
00:15:37,109 --> 00:15:38,311
s alleyway. Thanks.

445
00:15:38,311 --> 00:15:41,311
Richard Simonson, MR. Chair, uh,

446
00:15:42,615 --> 00:15:42,982
I guess the question I have is,

447
00:15:42,982 --> 00:15:44,982
uh, with Don

448
00:15:45,418 --> 00:15:47,353
s Alley, the 450

449
00:15:47,353 --> 00:15:48,254
ft in terms of the proximity of

450
00:15:48,254 --> 00:15:51,570
the drawing where the forefoo

451
00:15:51,570 --> 00:15:53,393
and the 6 ft fence are being

452
00:15:53,393 --> 00:15:55,395
proposed. How far does that go,

453
00:15:55,395 --> 00:15:57,664
right? 450 ft that you were

454
00:15:57,664 --> 00:15:58,631
talking about earlier, how many

455
00:15:58,631 --> 00:16:01,534
does it go basically to the

456
00:16:01,534 --> 00:16:04,804
edge of the 6 ft fence, the

457
00:16:04,804 --> 00:16:07,273
corner of the property. Uh, yes,

458
00:16:07,273 --> 00:16:09,108
um, that alleyway is gonna

459
00:16:09,108 --> 00:16:11,770
extend to right about um. I

460
00:16:11,770 --> 00:16:14,381
would say it would probably be

461
00:16:14,381 --> 00:16:16,783
like 15 ft. In of where that 6

462
00:16:16,783 --> 00:16:19,285
ft fence is proposed, so just

463
00:16:19,285 --> 00:16:19,652
slightly in there, um. But it

464
00:16:19,652 --> 00:16:21,652
s,

465
00:16:24,240 --> 00:16:26,560
it is not going to be the, the

466
00:16:26,560 --> 00:16:27,961
alleyway does not extend, um,

467
00:16:27,961 --> 00:16:29,329
all the way to the edge of

468
00:16:29,329 --> 00:16:30,964
where the 6 ft fence is

469
00:16:30,964 --> 00:16:32,990
proposed on the eastern side.

470
00:16:32,990 --> 00:16:33,366
And then, then could you

471
00:16:33,366 --> 00:16:35,100
comment some more about the

472
00:16:35,100 --> 00:16:35,569
snow removal, right, so the

473
00:16:35,569 --> 00:16:36,103
part that the city

474
00:16:36,103 --> 00:16:38,103
s not going

475
00:16:39,600 --> 00:16:40,807
to be removing is the 450 ft,

476
00:16:40,807 --> 00:16:41,742
but were they actually

477
00:16:41,742 --> 00:16:44,142
maintaining the alleyway. So

478
00:16:44,411 --> 00:16:45,613
the, the city had been, uh, the

479
00:16:45,613 --> 00:16:46,947
public works department had

480
00:16:46,947 --> 00:16:49,182
been maintaining and plowing

481
00:16:49,182 --> 00:16:51,685
this area, um, and And after

482
00:16:51,685 --> 00:16:54,870
speaking with our public works

483
00:16:54,870 --> 00:16:56,423
director, uh, about some

484
00:16:56,423 --> 00:16:59,326
concerns with putting a fence

485
00:16:59,326 --> 00:17:01,462
along such a small portion of

486
00:17:01,462 --> 00:17:03,197
Ali, um, and some potential

487
00:17:03,197 --> 00:17:05,232
liability that the city would

488
00:17:05,232 --> 00:17:08,832
have with plowing in that area

489
00:17:09,503 --> 00:17:10,704
and whatnot. Um, there was some

490
00:17:10,704 --> 00:17:13,704
comments made about that, but,

491
00:17:15,509 --> 00:17:18,379
um, The, the city engineer was

492
00:17:18,379 --> 00:17:20,848
the one who uh originally was

493
00:17:20,848 --> 00:17:22,850
sent this document by the

494
00:17:22,850 --> 00:17:24,752
Public works superintendent, um,

495
00:17:24,752 --> 00:17:26,654
that just states that the city

496
00:17:26,654 --> 00:17:29,490
is not responsible for the snow

497
00:17:29,490 --> 00:17:31,325
maintenance for this area, so,

498
00:17:31,325 --> 00:17:33,727
um, that it, it takes liability

499
00:17:33,727 --> 00:17:35,696
away from the city to

500
00:17:35,696 --> 00:17:38,633
potentially damage uh a fence

501
00:17:38,633 --> 00:17:40,501
in this location, um, and that,

502
00:17:40,501 --> 00:17:41,235
uh, potential is now kind of

503
00:17:41,235 --> 00:17:42,770
the onus is placed along for

504
00:17:42,770 --> 00:17:43,604
those homeowners I guess I

505
00:17:43,604 --> 00:17:44,305
m

506
00:17:44,305 --> 00:17:47,305
saying the whole alleyway all

507
00:17:48,409 --> 00:17:49,544
the way out to the east is not

508
00:17:49,544 --> 00:17:49,723
gonna be correct the alleyway,

509
00:17:49,723 --> 00:17:51,312
Don

510
00:17:51,312 --> 00:17:53,470
s alley is not gonna be

511
00:17:53,470 --> 00:17:56,184
plowed by the city, the whole

512
00:17:56,184 --> 00:17:56,684
thing, ok. And are there any

513
00:17:56,684 --> 00:17:58,119
other fences in Don

514
00:17:58,119 --> 00:18:00,119
s alley?

515
00:18:02,290 --> 00:18:05,290
Currently. Um, to my knowledge,

516
00:18:07,280 --> 00:18:11,228
no. Um. The, I do not believe

517
00:18:14,502 --> 00:18:16,904
that, um. 50, 59 has won, um.

518
00:18:16,904 --> 00:18:18,390
And I do not believe because of

519
00:18:18,390 --> 00:18:19,807
the access that these

520
00:18:19,807 --> 00:18:22,807
properties receive off of the

521
00:18:24,145 --> 00:18:26,581
alleyway on the backside that

522
00:18:26,581 --> 00:18:29,150
um either 690 or 688 have an

523
00:18:29,150 --> 00:18:30,485
offense, um, but I, that might

524
00:18:30,485 --> 00:18:33,288
be a question for the homeowner

525
00:18:33,288 --> 00:18:34,456
as well to see if um there are

526
00:18:34,456 --> 00:18:38,560
any adjacent fences in the, in

527
00:18:38,460 --> 00:18:39,461
the area. Ok, thanks, MR.

528
00:18:39,461 --> 00:18:41,463
Anderson, Chair, thank you. Um,

529
00:18:41,463 --> 00:18:43,698
just a couple of questions if I

530
00:18:43,698 --> 00:18:46,980
might, just for clarification

531
00:18:46,535 --> 00:18:47,602
purposes, the, the Jones Alley

532
00:18:47,602 --> 00:18:50,200
ends effectively the paved

533
00:18:50,272 --> 00:18:53,410
service ends. Um, where we see

534
00:18:53,410 --> 00:18:54,810
the kind of. South to north

535
00:18:54,810 --> 00:18:55,644
jutting right there, correct?

536
00:18:55,644 --> 00:18:58,644
So the easement continues, but

537
00:18:59,547 --> 00:19:00,916
there is no. Improved Ali per

538
00:19:00,916 --> 00:19:01,616
se past that point. And then if

539
00:19:01,616 --> 00:19:01,779
you could just so everybody

540
00:19:01,779 --> 00:19:03,779
s

541
00:19:03,785 --> 00:19:06,188
on the same page here, if you

542
00:19:06,188 --> 00:19:06,822
could speak to uh fence

543
00:19:06,822 --> 00:19:08,900
placement requirements along

544
00:19:08,900 --> 00:19:10,425
property lines, just in general,

545
00:19:10,425 --> 00:19:12,961
and if they differ at all from

546
00:19:12,961 --> 00:19:14,830
Being along an easement. Uh,

547
00:19:14,830 --> 00:19:17,232
they would not. Um, the fence

548
00:19:17,232 --> 00:19:18,333
needs to be located wholly

549
00:19:18,333 --> 00:19:18,600
within the homeowner

550
00:19:18,600 --> 00:19:20,600
s property

551
00:19:21,700 --> 00:19:23,500
lines, um, and that would be

552
00:19:23,500 --> 00:19:24,239
inspected by city staff after

553
00:19:24,239 --> 00:19:27,239
the permit and installation had

554
00:19:29,211 --> 00:19:32,211
taken place. Thank you. Any

555
00:19:32,214 --> 00:19:35,840
other questions? Thank you, MR.

556
00:19:35,840 --> 00:19:35,751
Harris. Thank you. And if the

557
00:19:35,751 --> 00:19:36,652
uh property owner or applicant

558
00:19:36,652 --> 00:19:36,774
is in the audience if they

559
00:19:36,774 --> 00:19:38,200
d

560
00:19:38,200 --> 00:19:40,956
like to come up and address the

561
00:19:40,956 --> 00:19:42,158
commission. Please remember to

562
00:19:42,158 --> 00:19:45,158
state your name and address.

563
00:19:50,132 --> 00:19:52,434
Once again. My name is, uh,

564
00:19:52,434 --> 00:19:55,434
Mark Palmquist and reside at

565
00:19:56,706 --> 00:19:57,673
675 Sunset Court. Um, That.

566
00:19:57,673 --> 00:19:57,790
Application variants. I don

567
00:19:57,790 --> 00:19:59,790
t

568
00:20:02,440 --> 00:20:03,946
have a lot to add to it, um,

569
00:20:03,946 --> 00:20:04,847
just outside of um the, the

570
00:20:04,847 --> 00:20:05,314
facts of what we

571
00:20:05,314 --> 00:20:05,481
ve experienced.

572
00:20:05,481 --> 00:20:06,150
We

573
00:20:06,150 --> 00:20:09,615
ve lived there about a year

574
00:20:10,386 --> 00:20:14,586
and a half. We had multiple, uh,

575
00:20:15,591 --> 00:20:15,778
both, uh, couriers, um, and.

576
00:20:15,778 --> 00:20:16,192
We

577
00:20:16,192 --> 00:20:16,926
re assuming personal

578
00:20:16,926 --> 00:20:20,526
vehicles that when they come up

579
00:20:20,730 --> 00:20:22,331
to the end of the. Alleyway. Um,

580
00:20:22,331 --> 00:20:23,566
then they pull into our yard,

581
00:20:23,566 --> 00:20:26,535
turn around, and then go back

582
00:20:26,535 --> 00:20:28,535
out. And we

583
00:20:28,905 --> 00:20:30,730
ve even had two

584
00:20:30,730 --> 00:20:31,374
circumstances of vehicles

585
00:20:31,374 --> 00:20:32,609
actually driving all the way

586
00:20:32,609 --> 00:20:36,809
across our yard to go to Sunset

587
00:20:38,615 --> 00:20:39,816
Court. And we have multiple, uh,

588
00:20:39,816 --> 00:20:42,216
e-bikes, bicycles that come

589
00:20:42,552 --> 00:20:42,952
across, um. And I should

590
00:20:42,952 --> 00:20:44,354
mention we

591
00:20:44,354 --> 00:20:46,289
ve had to replace

592
00:20:46,289 --> 00:20:47,323
multiple sprinkler heads as a

593
00:20:47,323 --> 00:20:48,858
result of the turnaround going

594
00:20:48,858 --> 00:20:51,858
on by vehicles or driving

595
00:20:52,429 --> 00:20:54,831
across the uh the yard. Uh,

596
00:20:54,831 --> 00:20:57,200
this is a property you had

597
00:20:57,200 --> 00:20:59,202
mentioned that was um the home

598
00:20:59,202 --> 00:21:03,173
was built in 2019. Um, it was a,

599
00:21:03,173 --> 00:21:06,743
uh, former. Um, Uh, resort area.

600
00:21:06,743 --> 00:21:08,178
That had been i

601
00:21:08,178 --> 00:21:09,613
m not gonna say

602
00:21:09,613 --> 00:21:12,613
abandoned, but was bought and

603
00:21:13,550 --> 00:21:14,651
so it was an open. Open

604
00:21:14,651 --> 00:21:16,190
property that I think a lot of

605
00:21:16,190 --> 00:21:17,754
people started to just use it

606
00:21:17,754 --> 00:21:20,524
as an access to get across to

607
00:21:20,524 --> 00:21:21,224
Sunset Court. And so we

608
00:21:21,224 --> 00:21:23,224
re

609
00:21:24,661 --> 00:21:27,765
trying to help define. Uh, the

610
00:21:27,765 --> 00:21:30,765
borderlines of of our property.

611
00:21:31,602 --> 00:21:33,504
Uh, and also, um, stop the, the,

612
00:21:33,504 --> 00:21:34,710
uh, direct access, uh, going

613
00:21:34,710 --> 00:21:34,471
across the property. That

614
00:21:34,471 --> 00:21:36,730
s one

615
00:21:36,730 --> 00:21:39,276
of the main things we want to

616
00:21:39,276 --> 00:21:39,977
do. Uh, the reason for the

617
00:21:39,977 --> 00:21:43,414
six-foot variance is there is a.

618
00:21:43,414 --> 00:21:45,814
Um, that, that alleyway

619
00:21:45,950 --> 00:21:47,918
actually goes up a hill. And

620
00:21:47,918 --> 00:21:48,385
with a 4 ft fence, we don

621
00:21:48,385 --> 00:21:48,686
t

622
00:21:48,686 --> 00:21:49,860
think that

623
00:21:49,860 --> 00:21:51,860
s noticeable until

624
00:21:51,755 --> 00:21:53,790
you get all the way up where

625
00:21:53,790 --> 00:21:54,892
the 6 ft helps give better

626
00:21:54,892 --> 00:21:57,328
clarity in terms of the

627
00:21:57,328 --> 00:21:59,728
definition of the property.

628
00:21:59,730 --> 00:22:01,132
Lines that are there. Uh, our

629
00:22:01,132 --> 00:22:01,298
other concern is a 4 ft fence.

630
00:22:01,298 --> 00:22:03,298
It

631
00:22:03,667 --> 00:22:05,200
s a little bit easier, uh,

632
00:22:05,200 --> 00:22:06,537
for people just to hop over the

633
00:22:06,537 --> 00:22:08,406
top or 6 ft becomes a little

634
00:22:08,406 --> 00:22:11,406
more definitive. In terms of

635
00:22:11,876 --> 00:22:14,145
what it is. And the 6 ft fence

636
00:22:14,145 --> 00:22:15,460
also, because it is kind of a

637
00:22:15,460 --> 00:22:18,646
strange lot having an alley run

638
00:22:18,916 --> 00:22:20,384
up. On the side of your house.

639
00:22:20,384 --> 00:22:21,385
Uh, certainly gives more

640
00:22:21,385 --> 00:22:24,985
privacy to the people that have

641
00:22:26,457 --> 00:22:28,993
the Uh, um, uh. Garages and

642
00:22:28,993 --> 00:22:30,995
their driveways on the back. Um,

643
00:22:30,995 --> 00:22:31,162
that that extra 2 ft, we just

644
00:22:31,162 --> 00:22:32,197
won

645
00:22:32,197 --> 00:22:34,332
t be able to see that and

646
00:22:34,332 --> 00:22:35,833
vice versa. They wouldn

647
00:22:35,833 --> 00:22:37,833
t be.

648
00:22:39,370 --> 00:22:40,805
Showing in our property as well

649
00:22:40,805 --> 00:22:41,138
as the headlights as they

650
00:22:41,138 --> 00:22:41,839
re

651
00:22:41,839 --> 00:22:44,909
driving in and driving back out.

652
00:22:44,909 --> 00:22:46,511
But the main issue is just

653
00:22:46,511 --> 00:22:48,212
trying to kind of define that

654
00:22:48,212 --> 00:22:48,613
property line so we don

655
00:22:48,613 --> 00:22:49,147
t have

656
00:22:49,147 --> 00:22:51,547
vehicles going into our

657
00:22:53,251 --> 00:22:54,152
property. Um, I, I

658
00:22:54,152 --> 00:22:55,220
m just gonna

659
00:22:55,220 --> 00:22:57,620
say that Commissioner Halligan

660
00:22:58,560 --> 00:23:00,992
has joined us just. As a Note,

661
00:23:00,992 --> 00:23:02,794
um, Would you mind grabbing the

662
00:23:02,794 --> 00:23:04,429
mouse and kind of pointing out

663
00:23:04,429 --> 00:23:07,429
where that topography issue. Or

664
00:23:08,433 --> 00:23:10,101
the changes that You just sit

665
00:23:10,101 --> 00:23:12,937
on 6 ft hill actually, once you

666
00:23:12,937 --> 00:23:13,371
turn the corner. It

667
00:23:13,371 --> 00:23:15,371
s the

668
00:23:15,574 --> 00:23:16,441
elevation starts, uh, almost

669
00:23:16,441 --> 00:23:16,774
immediately, so it

670
00:23:16,774 --> 00:23:17,843
s probably

671
00:23:17,843 --> 00:23:19,711
maybe 1012 ft where it

672
00:23:19,711 --> 00:23:21,711
s flat.

673
00:23:22,347 --> 00:23:22,814
And then it starts going up.

674
00:23:22,814 --> 00:23:24,750
And it

675
00:23:24,750 --> 00:23:25,650
s gradual on the front,

676
00:23:25,650 --> 00:23:28,587
and then it starts to have a

677
00:23:28,587 --> 00:23:31,123
little bit more of a hill. Uh,

678
00:23:31,123 --> 00:23:32,557
that comes up and peaks. Uh,

679
00:23:32,557 --> 00:23:33,580
right about. Let

680
00:23:33,580 --> 00:23:33,725
s see, I gotta

681
00:23:33,725 --> 00:23:34,210
look at that home that

682
00:23:34,210 --> 00:23:35,327
s next

683
00:23:35,327 --> 00:23:37,329
to me. Probably peaks right

684
00:23:37,329 --> 00:23:40,332
about here. Is where that peaks.

685
00:23:40,332 --> 00:23:41,633
And so being able at that point.

686
00:23:41,633 --> 00:23:43,633
They they

687
00:23:44,636 --> 00:23:46,972
ve come up. Uh, this

688
00:23:46,972 --> 00:23:48,373
close and a little bit before

689
00:23:48,373 --> 00:23:49,608
they hit the other two

690
00:23:49,608 --> 00:23:52,800
properties here because they,

691
00:23:52,711 --> 00:23:54,313
they are up on top. Uh, and so

692
00:23:54,313 --> 00:23:57,820
then that would stop them from

693
00:23:57,820 --> 00:23:57,349
coming up all the way up here.

694
00:23:57,349 --> 00:23:58,830
And that

695
00:23:58,830 --> 00:24:00,483
s the reason for

696
00:24:02,521 --> 00:24:03,489
having that 6 ft fence. The, uh,

697
00:24:03,489 --> 00:24:05,124
the alleyway itself ends, sorry,

698
00:24:05,124 --> 00:24:08,124
I keep getting the. Right,

699
00:24:10,162 --> 00:24:11,497
right, click. The property Or

700
00:24:11,497 --> 00:24:14,497
the alleyway ends right about

701
00:24:18,170 --> 00:24:20,672
here. Right about here. Right

702
00:24:20,672 --> 00:24:21,574
along that property line of the

703
00:24:21,574 --> 00:24:23,974
Between the two, different

704
00:24:24,900 --> 00:24:24,168
homes. And so what they

705
00:24:24,168 --> 00:24:24,543
re

706
00:24:24,543 --> 00:24:25,945
doing is they

707
00:24:25,945 --> 00:24:26,145
re coming in and

708
00:24:26,145 --> 00:24:26,579
they

709
00:24:26,579 --> 00:24:26,812
re then they

710
00:24:26,812 --> 00:24:28,812
re turning

711
00:24:29,348 --> 00:24:30,182
around here. Or they

712
00:24:30,182 --> 00:24:31,817
re coming

713
00:24:31,817 --> 00:24:34,453
in and then driving across to

714
00:24:34,453 --> 00:24:35,621
get the Sunset Court. Or in the

715
00:24:35,621 --> 00:24:37,924
case of the e-bikes. They

716
00:24:37,924 --> 00:24:39,292
re

717
00:24:39,292 --> 00:24:39,892
And my neighbor that lives back

718
00:24:39,892 --> 00:24:41,227
here, they

719
00:24:41,227 --> 00:24:41,794
re coming down his

720
00:24:41,794 --> 00:24:44,194
driveway and then driving

721
00:24:45,164 --> 00:24:46,165
across. And onto my property,

722
00:24:46,165 --> 00:24:49,202
uh, and then on to Sunset Court.

723
00:24:49,202 --> 00:24:50,703
Thank you. Um, does anybody

724
00:24:50,703 --> 00:24:54,600
else have any questions for MR.

725
00:24:54,600 --> 00:24:56,242
Palmquist? MR. Chair, MR.

726
00:24:56,242 --> 00:24:57,710
Simonson, MR. Palmquist, could,

727
00:24:57,710 --> 00:25:00,980
could you comment about when I

728
00:25:00,980 --> 00:25:01,447
look at um, it sounds like. The

729
00:25:01,447 --> 00:25:03,447
thing you

730
00:25:03,783 --> 00:25:06,183
re trying to actually

731
00:25:06,686 --> 00:25:07,387
discourage is cut through of

732
00:25:07,387 --> 00:25:09,787
traffic or pedestrians, bikes,

733
00:25:11,591 --> 00:25:11,791
things like that. And I think

734
00:25:11,791 --> 00:25:13,791
there

735
00:25:13,960 --> 00:25:15,562
s a 4-foot adjacent that

736
00:25:15,562 --> 00:25:16,620
diagonal next to 50/59 and 6 ft,

737
00:25:16,620 --> 00:25:16,996
and you

738
00:25:16,996 --> 00:25:17,897
d say on Donn

739
00:25:17,897 --> 00:25:19,897
s alley.

740
00:25:21,501 --> 00:25:23,300
And one of my questions is,

741
00:25:23,300 --> 00:25:23,970
With with the 4 ft work as well

742
00:25:23,970 --> 00:25:24,938
as a six-foot. I

743
00:25:24,938 --> 00:25:25,939
m kind of

744
00:25:25,939 --> 00:25:26,406
trying to rationalize, uh,

745
00:25:26,406 --> 00:25:26,940
because there

746
00:25:26,940 --> 00:25:28,708
s a 4-foot

747
00:25:28,708 --> 00:25:31,144
proposed in one area and a 6 in

748
00:25:31,144 --> 00:25:32,645
another. Could you explain why?

749
00:25:32,645 --> 00:25:33,647
Yeah, so the 4 ft we

750
00:25:33,647 --> 00:25:35,582
re putting

751
00:25:35,582 --> 00:25:36,449
on the diagonal right here, you

752
00:25:36,449 --> 00:25:37,350
know it

753
00:25:37,350 --> 00:25:37,884
s really more

754
00:25:37,884 --> 00:25:39,452
acknowledgement for our

755
00:25:39,452 --> 00:25:42,452
neighbor, uh, behind is really

756
00:25:42,923 --> 00:25:43,757
what that was. Um, and most of

757
00:25:43,757 --> 00:25:44,324
the traffic that we

758
00:25:44,324 --> 00:25:45,759
re getting

759
00:25:45,759 --> 00:25:46,260
is once people come up the hill,

760
00:25:46,260 --> 00:25:48,260
and they

761
00:25:49,363 --> 00:25:49,563
re that far. Uh, then

762
00:25:49,563 --> 00:25:50,430
they

763
00:25:50,430 --> 00:25:51,164
re coming across actually

764
00:25:51,164 --> 00:25:53,900
where the six-foot fence would

765
00:25:53,900 --> 00:25:54,835
come in. And we

766
00:25:54,835 --> 00:25:56,835
re also seeing

767
00:25:58,305 --> 00:26:00,240
more, more of the, the e-bikes,

768
00:26:00,240 --> 00:26:03,240
uh, coming across farther up.

769
00:26:03,544 --> 00:26:03,744
Even past the alleyway. Yeah,

770
00:26:03,744 --> 00:26:05,145
that

771
00:26:05,145 --> 00:26:07,614
s in present, so, so the

772
00:26:07,614 --> 00:26:10,140
forefront was really. More

773
00:26:10,150 --> 00:26:12,550
about consideration for. The

774
00:26:12,820 --> 00:26:14,355
neighbor that has a home. Uh,

775
00:26:14,355 --> 00:26:15,823
very difficult to see it, but

776
00:26:15,823 --> 00:26:17,558
he actually has a home right

777
00:26:17,558 --> 00:26:21,950
down here, right up next to our

778
00:26:21,950 --> 00:26:23,797
property. This is his home. And

779
00:26:23,797 --> 00:26:25,733
he comes right, right up here.

780
00:26:25,733 --> 00:26:30,471
And you can see he parks his um.

781
00:26:30,471 --> 00:26:32,730
For 2 boats. That he has right

782
00:26:32,730 --> 00:26:32,239
there, but that sits because

783
00:26:32,239 --> 00:26:33,874
he

784
00:26:33,874 --> 00:26:36,874
s flattened it. It sits

785
00:26:37,244 --> 00:26:40,844
lower. Then And where that hill

786
00:26:41,480 --> 00:26:43,384
comes up. And so we just put a

787
00:26:43,384 --> 00:26:44,885
4 ft in there because it

788
00:26:44,885 --> 00:26:45,720
realistically is like a 6 ft at

789
00:26:45,720 --> 00:26:45,953
that point because he

790
00:26:45,953 --> 00:26:47,953
s about 2

791
00:26:49,457 --> 00:26:51,959
ft down. As retaining wall. And

792
00:26:51,959 --> 00:26:52,860
then our for foot goes up. One

793
00:26:52,860 --> 00:26:55,860
quick follow up question is,

794
00:26:55,997 --> 00:26:56,330
would the 4 ft on Don

795
00:26:56,330 --> 00:26:56,964
s alley

796
00:26:56,964 --> 00:26:57,128
accomplish the goal that you

797
00:26:57,128 --> 00:26:59,128
re

798
00:27:00,670 --> 00:27:03,667
looking for? Well, it, it will

799
00:27:04,380 --> 00:27:04,305
accomplish partly. Ok. What

800
00:27:04,305 --> 00:27:05,600
part won

801
00:27:05,600 --> 00:27:06,607
t it accomplish? Well,

802
00:27:06,607 --> 00:27:07,909
I think a 4 ft fence is going

803
00:27:07,909 --> 00:27:08,609
to still make it pretty easy

804
00:27:08,609 --> 00:27:12,809
for people to hop the fence and.

805
00:27:14,749 --> 00:27:15,950
Ok, thanks. Anybody else have a

806
00:27:15,950 --> 00:27:18,350
question for MR. Palmquist?

807
00:27:18,686 --> 00:27:20,540
Thank you, MR. Palmquist. I

808
00:27:20,540 --> 00:27:21,890
would now like to invite

809
00:27:21,890 --> 00:27:22,523
members, any member of the

810
00:27:22,523 --> 00:27:23,291
public that wishes to speak on

811
00:27:23,291 --> 00:27:26,891
this item, to come to the

812
00:27:28,696 --> 00:27:28,878
podium. Ok, seeing none. Let

813
00:27:28,878 --> 00:27:29,697
s

814
00:27:29,697 --> 00:27:33,297
bring this back to the planning

815
00:27:34,402 --> 00:27:36,802
commission. Comments. MR. Chair,

816
00:27:36,905 --> 00:27:38,306
MR. Simonson, I believe, uh,

817
00:27:38,306 --> 00:27:38,707
Steph, correct me if I

818
00:27:38,707 --> 00:27:40,707
m wrong,

819
00:27:41,142 --> 00:27:42,444
but a 4 ft fence could be

820
00:27:42,444 --> 00:27:44,245
placed here with administrative

821
00:27:44,245 --> 00:27:46,748
approval, I believe, without a

822
00:27:46,748 --> 00:27:47,616
variance request for. Obviously

823
00:27:47,616 --> 00:27:48,490
with the 4 foot

824
00:27:48,490 --> 00:27:48,783
s being

825
00:27:48,783 --> 00:27:51,783
proposed and along the 6 ft

826
00:27:55,230 --> 00:27:55,457
area. Correct. Ok. Yeah, I

827
00:27:55,457 --> 00:27:55,629
m,

828
00:27:55,629 --> 00:27:57,526
I

829
00:27:57,526 --> 00:28:00,796
m kind of wrestling. I, I, I

830
00:28:00,796 --> 00:28:00,982
understand. The concern, and

831
00:28:00,982 --> 00:28:01,863
it

832
00:28:01,863 --> 00:28:03,231
s unfortunate that traffic

833
00:28:03,231 --> 00:28:03,399
kind of gets dead ended and I

834
00:28:03,399 --> 00:28:05,399
m

835
00:28:06,101 --> 00:28:06,435
not sure what it does when it,

836
00:28:06,435 --> 00:28:07,135
when someone

837
00:28:07,135 --> 00:28:08,570
s kind of going up

838
00:28:08,570 --> 00:28:09,370
that area and they

839
00:28:09,370 --> 00:28:10,500
re in the

840
00:28:10,500 --> 00:28:10,405
driveway. I mean, it

841
00:28:10,405 --> 00:28:12,140
s pretty

842
00:28:12,140 --> 00:28:12,361
narrow, so I, I would think

843
00:28:12,361 --> 00:28:14,176
it

844
00:28:14,176 --> 00:28:15,177
d be kind of difficult for

845
00:28:15,177 --> 00:28:16,278
traffic or someone that kind of

846
00:28:16,278 --> 00:28:17,120
got lost in a neighborhood, how

847
00:28:17,120 --> 00:28:20,612
to figure out how to turn

848
00:28:23,585 --> 00:28:25,200
around. I think uh. I, I think

849
00:28:25,200 --> 00:28:25,187
just from a standpoint, I think

850
00:28:25,187 --> 00:28:26,955
it

851
00:28:26,955 --> 00:28:27,623
s reasonable to try and

852
00:28:27,623 --> 00:28:30,590
minimize cut through traffic. I

853
00:28:30,590 --> 00:28:31,427
think that makes sense. Uh, I

854
00:28:31,427 --> 00:28:32,394
am, I think there were some

855
00:28:32,394 --> 00:28:33,829
letters we got though that

856
00:28:33,829 --> 00:28:34,797
there were some concerns about

857
00:28:34,797 --> 00:28:38,367
access to the driveway of the

858
00:28:38,367 --> 00:28:40,200
fences. Too tall and too close

859
00:28:40,200 --> 00:28:42,171
to a very narrow, uh, alleyway,

860
00:28:42,171 --> 00:28:43,973
so. I do have concerns about

861
00:28:43,973 --> 00:28:45,741
that, but at the same time, 4

862
00:28:45,741 --> 00:28:47,309
ft could go in there without

863
00:28:47,309 --> 00:28:50,909
any decision from us. Right on

864
00:28:51,514 --> 00:28:52,181
that line I would agree with

865
00:28:52,181 --> 00:28:52,648
that, Commissioner Anderson.

866
00:28:52,648 --> 00:28:53,482
Sure, yeah, I

867
00:28:53,482 --> 00:28:55,882
m torn too, I

868
00:28:57,787 --> 00:29:00,189
guess, uh, you know, on the one

869
00:29:00,189 --> 00:29:02,580
hand, um, 4 ft is allowable. I,

870
00:29:02,580 --> 00:29:03,259
I get the point of the 6-foot

871
00:29:03,259 --> 00:29:05,270
fence, uh, it

872
00:29:05,270 --> 00:29:06,950
s easy to hop a 4

873
00:29:06,950 --> 00:29:06,963
ft fence theoretically. Um, I

874
00:29:06,963 --> 00:29:07,897
struggle a little bit with the

875
00:29:07,897 --> 00:29:08,931
fact that I

876
00:29:08,931 --> 00:29:11,000
m not sure that, uh,

877
00:29:11,000 --> 00:29:15,738
is it a, is a body that we

878
00:29:15,738 --> 00:29:16,372
should be, um, Dictating or

879
00:29:16,372 --> 00:29:16,572
helping prevent trespassing.

880
00:29:16,572 --> 00:29:18,572
That

881
00:29:19,475 --> 00:29:20,376
s more of a Uh, you know,

882
00:29:20,376 --> 00:29:20,943
uh, a criminal offense or, you

883
00:29:20,943 --> 00:29:22,778
know, it, it

884
00:29:22,778 --> 00:29:24,280
s more of a police

885
00:29:24,280 --> 00:29:26,349
situation than anything else, I

886
00:29:26,349 --> 00:29:27,750
would imagine, but, um. You

887
00:29:27,750 --> 00:29:29,252
know, part of me goes back and

888
00:29:29,252 --> 00:29:30,219
forth on it though when you

889
00:29:30,219 --> 00:29:30,347
have a 4-foot fence that

890
00:29:30,347 --> 00:29:31,120
s

891
00:29:31,120 --> 00:29:32,722
adjacent to the six-foot fence?

892
00:29:32,722 --> 00:29:34,230
Do you just walk over and hop

893
00:29:34,230 --> 00:29:36,893
the 4-foot portion of the fence,

894
00:29:36,893 --> 00:29:37,994
uh, you know, and I, and I get

895
00:29:37,994 --> 00:29:38,628
the fact that probably kids,

896
00:29:38,628 --> 00:29:38,828
kids will do what they

897
00:29:38,828 --> 00:29:40,828
re gonna

898
00:29:42,899 --> 00:29:43,399
do, right? But, um, to

899
00:29:43,399 --> 00:29:43,633
Commissioner Solomonson

900
00:29:43,633 --> 00:29:44,901
s point

901
00:29:44,901 --> 00:29:46,200
though, uh, whether it

902
00:29:46,200 --> 00:29:47,670
s 4 or 6

903
00:29:47,670 --> 00:29:48,605
ft as far as the uh comment

904
00:29:48,605 --> 00:29:48,905
that we received, it doesn

905
00:29:48,905 --> 00:29:49,973
t

906
00:29:49,973 --> 00:29:52,642
make really any difference. The

907
00:29:52,642 --> 00:29:53,777
fence can go in there, so, um,

908
00:29:53,777 --> 00:29:54,677
Although it could make that

909
00:29:54,677 --> 00:29:55,478
alleyway tight, I don

910
00:29:55,478 --> 00:29:56,680
t see the,

911
00:29:56,680 --> 00:29:59,490
the height being a difference

912
00:29:59,490 --> 00:30:01,384
or an issue, but the part that

913
00:30:01,384 --> 00:30:01,685
I try that I struggle with is I,

914
00:30:01,685 --> 00:30:03,685
although we

915
00:30:04,320 --> 00:30:04,453
ve. Got what

916
00:30:04,453 --> 00:30:06,189
s

917
00:30:06,189 --> 00:30:07,900
purported to be. You know,

918
00:30:07,900 --> 00:30:07,229
unique circumstances here. I

919
00:30:07,229 --> 00:30:07,624
m

920
00:30:07,624 --> 00:30:10,240
not sure that I

921
00:30:10,494 --> 00:30:11,610
ve Gotten fully

922
00:30:11,610 --> 00:30:12,662
comfortable with unique

923
00:30:12,662 --> 00:30:15,620
circumstances related to the 6

924
00:30:15,632 --> 00:30:17,501
ft height of this fence. Other

925
00:30:17,501 --> 00:30:18,868
than maybe the slope of the

926
00:30:18,868 --> 00:30:19,836
property, um, but at the point

927
00:30:19,836 --> 00:30:21,710
at which it really slopes, to

928
00:30:21,710 --> 00:30:21,371
the point at which it goes to 6

929
00:30:21,371 --> 00:30:23,106
ft, there

930
00:30:23,106 --> 00:30:23,473
s really no There

931
00:30:23,473 --> 00:30:24,474
s

932
00:30:24,474 --> 00:30:27,474
really no alleyway any longer

933
00:30:28,245 --> 00:30:28,445
at that point. So, um, you.

934
00:30:28,445 --> 00:30:29,346
That

935
00:30:29,346 --> 00:30:29,880
s where I

936
00:30:29,880 --> 00:30:31,181
m struggling

937
00:30:31,181 --> 00:30:32,416
particularly is because if

938
00:30:32,416 --> 00:30:32,616
there were, if the easement

939
00:30:32,616 --> 00:30:34,484
wasn

940
00:30:34,484 --> 00:30:36,860
t there, these would be.

941
00:30:36,860 --> 00:30:37,855
Backyards more or less and

942
00:30:37,855 --> 00:30:40,257
nobody would care about a 6 ft

943
00:30:40,257 --> 00:30:41,291
fence, so, but had. If this

944
00:30:41,291 --> 00:30:42,559
easement were to go further

945
00:30:42,559 --> 00:30:43,494
down that or if the alley were

946
00:30:43,494 --> 00:30:44,261
to go further down the easement,

947
00:30:44,261 --> 00:30:45,295
you could have an issue where

948
00:30:45,295 --> 00:30:47,798
now you got a 6 ft fence next

949
00:30:47,798 --> 00:30:48,630
to you. Something that

950
00:30:48,630 --> 00:30:50,630
s been

951
00:30:52,169 --> 00:30:54,169
improved, so. Commissioner

952
00:30:56,373 --> 00:30:58,750
Cortis. So I think the one, you

953
00:30:58,750 --> 00:30:59,843
know, cause. Whether it

954
00:30:59,843 --> 00:31:01,843
s 6 or

955
00:31:02,480 --> 00:31:06,680
4 ft. I mean, I, I, I certainly

956
00:31:06,951 --> 00:31:08,385
Hope The applicant will have a

957
00:31:08,385 --> 00:31:09,820
conversation with, with the

958
00:31:09,820 --> 00:31:11,255
people who back out into that

959
00:31:11,255 --> 00:31:12,289
alley and see if there is a way

960
00:31:12,289 --> 00:31:13,758
to make sure that they can

961
00:31:13,758 --> 00:31:14,191
leave their garage. I don

962
00:31:14,191 --> 00:31:16,930
t

963
00:31:16,930 --> 00:31:18,290
know if the city council can do

964
00:31:18,290 --> 00:31:19,964
anything about that in, in

965
00:31:19,964 --> 00:31:20,131
requirements here or not, I

966
00:31:20,131 --> 00:31:21,650
don

967
00:31:21,650 --> 00:31:21,866
t think we can, that I

968
00:31:21,866 --> 00:31:23,301
m

969
00:31:23,301 --> 00:31:25,736
aware of, but I, I certainly

970
00:31:25,736 --> 00:31:27,605
think if this is a fence 4 or 6

971
00:31:27,605 --> 00:31:29,307
is gonna bar people from

972
00:31:29,307 --> 00:31:31,707
entering or exiting their

973
00:31:33,110 --> 00:31:34,946
garages, um, That would make

974
00:31:34,946 --> 00:31:36,130
For very bad neighbors in your

975
00:31:36,130 --> 00:31:39,117
backyard that I would not want

976
00:31:39,117 --> 00:31:39,784
to have, and I would strongly

977
00:31:39,784 --> 00:31:40,651
hope some conversations could

978
00:31:40,651 --> 00:31:43,821
be had that could maybe fix

979
00:31:43,821 --> 00:31:45,323
that. Um, the part I struggle

980
00:31:45,323 --> 00:31:46,691
with on this variance is

981
00:31:46,691 --> 00:31:47,692
actually criteria number 3, the

982
00:31:47,692 --> 00:31:49,694
character of the neighborhood,

983
00:31:49,694 --> 00:31:52,497
because nobody else has a fence

984
00:31:52,497 --> 00:31:54,432
there. This is used for this

985
00:31:54,432 --> 00:31:55,533
road, these houses have this

986
00:31:55,533 --> 00:31:55,713
access, and suddenly, whether

987
00:31:55,713 --> 00:31:57,713
it

988
00:31:57,769 --> 00:31:58,436
s a, you know, a 4 ft fence

989
00:31:58,436 --> 00:31:59,704
is, is what

990
00:31:59,704 --> 00:32:01,139
s allowable, but

991
00:32:01,139 --> 00:32:03,541
then going another 2 ft at the

992
00:32:03,541 --> 00:32:03,808
top of the hill. So the, the

993
00:32:03,808 --> 00:32:04,309
neighbor

994
00:32:04,309 --> 00:32:05,944
s house goes from

995
00:32:05,944 --> 00:32:08,313
seeing some of it at 4 ft to

996
00:32:08,313 --> 00:32:09,414
now seeing nothing at 6 ft. The

997
00:32:09,414 --> 00:32:11,616
houses across the street are

998
00:32:11,616 --> 00:32:14,619
blocked by the six-foot. I know,

999
00:32:14,619 --> 00:32:16,121
you know, it, it It, it seems

1000
00:32:16,121 --> 00:32:17,522
to change the neighborhood to

1001
00:32:17,522 --> 00:32:19,491
go even another 2 ft here,

1002
00:32:19,491 --> 00:32:21,626
especially if it is in fact the

1003
00:32:21,626 --> 00:32:21,743
top of a hill, um, as it

1004
00:32:21,743 --> 00:32:22,694
s

1005
00:32:22,694 --> 00:32:22,827
going up. So I think there

1006
00:32:22,827 --> 00:32:23,280
s,

1007
00:32:23,280 --> 00:32:24,930
there

1008
00:32:24,930 --> 00:32:26,431
s some. Consideration

1009
00:32:26,431 --> 00:32:27,299
there. I don

1010
00:32:27,299 --> 00:32:27,406
t know that I

1011
00:32:27,406 --> 00:32:28,767
m

1012
00:32:28,767 --> 00:32:31,136
gonna vote no just based on

1013
00:32:31,136 --> 00:32:33,710
that, frankly, but, but it, it,

1014
00:32:33,710 --> 00:32:34,139
it is the one section where I

1015
00:32:34,139 --> 00:32:37,139
am kind of concerned about

1016
00:32:38,710 --> 00:32:39,745
drawing that line. MR. Ahmadvan,

1017
00:32:39,745 --> 00:32:41,980
so Commissioner Kurtz, Cortis

1018
00:32:41,980 --> 00:32:43,215
brings up some, um, good points.

1019
00:32:43,215 --> 00:32:47,452
I, I would say where I stand is.

1020
00:32:47,452 --> 00:32:47,619
Like we all have said already,

1021
00:32:47,619 --> 00:32:48,921
it

1022
00:32:48,921 --> 00:32:50,550
s a 4 or 6 ft fence is not

1023
00:32:50,550 --> 00:32:51,290
going to prevent someone from

1024
00:32:51,290 --> 00:32:52,257
backing out of the driveway,

1025
00:32:52,257 --> 00:32:54,226
although I recognize the

1026
00:32:54,226 --> 00:32:55,861
concern of the other homeowner.

1027
00:32:55,861 --> 00:32:57,996
I think if the, the applicant

1028
00:32:57,996 --> 00:33:01,433
wants to have a 6 ft fence

1029
00:33:01,433 --> 00:33:01,700
there. I think he

1030
00:33:01,700 --> 00:33:03,700
s provided

1031
00:33:03,769 --> 00:33:04,436
reasonable burden, in my

1032
00:33:04,436 --> 00:33:05,337
opinion. Someone

1033
00:33:05,337 --> 00:33:06,238
s driving

1034
00:33:06,238 --> 00:33:07,873
through my yard to get to the

1035
00:33:07,873 --> 00:33:11,243
other side of the street or

1036
00:33:11,243 --> 00:33:13,612
e-bikes going through. I would

1037
00:33:13,612 --> 00:33:13,746
not like that myself, so. Uh,

1038
00:33:13,746 --> 00:33:14,546
I

1039
00:33:14,546 --> 00:33:18,146
m inclined to vote yes on

1040
00:33:18,717 --> 00:33:19,485
this. MR. Chair, MR. Simonson,

1041
00:33:19,485 --> 00:33:22,870
I have another question for

1042
00:33:22,870 --> 00:33:24,390
staff. The, the easement that

1043
00:33:24,390 --> 00:33:26,826
was what plattered in 1915, a

1044
00:33:26,826 --> 00:33:28,260
long time ago. Are there any,

1045
00:33:28,260 --> 00:33:28,928
is there anything of city

1046
00:33:28,928 --> 00:33:31,328
interest in that easement

1047
00:33:34,900 --> 00:33:35,167
currently? And because I think

1048
00:33:35,167 --> 00:33:36,702
that what

1049
00:33:36,702 --> 00:33:38,637
s before us is the

1050
00:33:38,637 --> 00:33:39,710
fact that the six-foot fence is

1051
00:33:39,710 --> 00:33:39,338
required because it

1052
00:33:39,338 --> 00:33:40,706
s next to

1053
00:33:40,706 --> 00:33:40,862
it, I mean, I mean it, it can

1054
00:33:40,862 --> 00:33:41,608
t

1055
00:33:41,608 --> 00:33:41,717
be more than 4 because it

1056
00:33:41,717 --> 00:33:43,717
s

1057
00:33:45,745 --> 00:33:48,140
next to a. Right away or an

1058
00:33:48,140 --> 00:33:49,150
easement and so. If that

1059
00:33:49,150 --> 00:33:49,215
easement, if that right of way

1060
00:33:49,215 --> 00:33:51,215
wasn

1061
00:33:51,417 --> 00:33:53,190
t there. They could put a

1062
00:33:53,190 --> 00:33:55,688
6 ft fence up, right? Correct.

1063
00:33:55,688 --> 00:33:56,289
And I was just kind of curious

1064
00:33:56,289 --> 00:33:56,723
if anyone

1065
00:33:56,723 --> 00:33:59,123
s ever thought about

1066
00:33:59,692 --> 00:34:03,196
um. Abandoning the right of way.

1067
00:34:03,196 --> 00:34:03,630
Because it, it

1068
00:34:03,630 --> 00:34:04,263
s functioning

1069
00:34:04,263 --> 00:34:06,663
basically as a driveway

1070
00:34:09,569 --> 00:34:11,471
currently. Yes, um, and I think

1071
00:34:11,471 --> 00:34:13,873
that goes back to uh the

1072
00:34:13,873 --> 00:34:16,273
maintenance agreement that was

1073
00:34:16,876 --> 00:34:17,310
signed in 2001, um, this, the

1074
00:34:17,310 --> 00:34:19,310
city doesn

1075
00:34:19,612 --> 00:34:21,470
t want to accept the

1076
00:34:21,470 --> 00:34:23,447
liability for plowing and

1077
00:34:23,483 --> 00:34:25,883
maintaining such a small

1078
00:34:25,885 --> 00:34:27,921
stretch of alleyway, um, and

1079
00:34:27,921 --> 00:34:29,723
with the width of the, the

1080
00:34:29,723 --> 00:34:29,889
easement as well. There just

1081
00:34:29,889 --> 00:34:31,157
isn

1082
00:34:31,157 --> 00:34:33,930
t really potential to

1083
00:34:33,930 --> 00:34:35,795
develop it into a right of way

1084
00:34:35,795 --> 00:34:38,598
or a private road, um, so with

1085
00:34:38,598 --> 00:34:39,320
With that, I would say no, they,

1086
00:34:39,320 --> 00:34:40,967
there really isn

1087
00:34:40,967 --> 00:34:42,869
t a, a desire

1088
00:34:42,869 --> 00:34:45,672
for the city to pursue that at

1089
00:34:45,672 --> 00:34:47,474
this moment. It was just a

1090
00:34:47,474 --> 00:34:49,176
thought as to a way that would

1091
00:34:49,176 --> 00:34:52,450
remedy that because then a 6 ft

1092
00:34:52,450 --> 00:34:54,748
fence would be allowed. Mm

1093
00:34:54,748 --> 00:34:56,316
Commissioner Weston

1094
00:34:56,316 --> 00:34:56,717
Commissioner Anderson, I

1095
00:34:56,717 --> 00:34:58,717
m in

1096
00:34:59,586 --> 00:35:01,455
favor of the 6 ft fence. Uh,

1097
00:35:01,455 --> 00:35:05,550
the reasons I believe that this

1098
00:35:05,859 --> 00:35:07,694
should be granted is because

1099
00:35:07,694 --> 00:35:09,729
typically alleys are only

1100
00:35:09,729 --> 00:35:11,865
around this size and width

1101
00:35:11,865 --> 00:35:13,330
anyways, um, older

1102
00:35:13,330 --> 00:35:15,102
neighborhoods like this one,

1103
00:35:15,102 --> 00:35:17,337
the alley width would actually

1104
00:35:17,337 --> 00:35:19,740
be less than what it currently

1105
00:35:19,740 --> 00:35:19,940
is, um, it does not seem that

1106
00:35:19,940 --> 00:35:21,940
there

1107
00:35:22,276 --> 00:35:22,910
s any desire to have, uh,

1108
00:35:22,910 --> 00:35:25,879
this become a full alley all

1109
00:35:25,879 --> 00:35:28,115
the way through. Um, because

1110
00:35:28,115 --> 00:35:30,840
all the properties to the east

1111
00:35:30,840 --> 00:35:31,652
do not have rear access and are

1112
00:35:31,652 --> 00:35:33,954
currently using it as part of

1113
00:35:33,954 --> 00:35:35,789
their yard, um, which would um,

1114
00:35:35,789 --> 00:35:39,226
create um, a lot of controversy

1115
00:35:39,226 --> 00:35:42,620
with folks, um, going forward,

1116
00:35:42,620 --> 00:35:44,465
and typical alley fences are 6

1117
00:35:44,465 --> 00:35:46,867
ft high. Um, so I feel that

1118
00:35:46,867 --> 00:35:48,869
this is within reason, um, and

1119
00:35:48,869 --> 00:35:52,139
both of the properties on Birch

1120
00:35:52,139 --> 00:35:52,840
do have parking, aka turning

1121
00:35:52,840 --> 00:35:54,842
around areas, um, in the front

1122
00:35:54,842 --> 00:35:55,876
of their houses. So there

1123
00:35:55,876 --> 00:35:56,430
s, I

1124
00:35:56,430 --> 00:35:58,430
don

1125
00:35:58,312 --> 00:35:58,512
t really understand why.

1126
00:35:58,512 --> 00:35:59,814
There

1127
00:35:59,814 --> 00:36:02,250
s any vehicle going down

1128
00:36:02,250 --> 00:36:04,180
that far to deliver a package

1129
00:36:04,180 --> 00:36:05,486
or anything anyways. So I feel

1130
00:36:05,486 --> 00:36:07,521
this is a reasonable request.

1131
00:36:07,521 --> 00:36:08,656
It meets the three criteria in

1132
00:36:08,656 --> 00:36:08,956
my mind, um, and I

1133
00:36:08,956 --> 00:36:10,956
ll be voting

1134
00:36:11,559 --> 00:36:12,560
yes. Commissioner Anderson.

1135
00:36:12,560 --> 00:36:12,860
Yeah, thank you. I

1136
00:36:12,860 --> 00:36:14,280
m just gonna,

1137
00:36:14,280 --> 00:36:14,929
thank you, MR. Chair. I

1138
00:36:14,929 --> 00:36:15,863
m gonna

1139
00:36:15,863 --> 00:36:17,732
piggyback maybe just a question

1140
00:36:17,732 --> 00:36:18,320
on, uh, Commissioner

1141
00:36:18,320 --> 00:36:20,320
Solomonson

1142
00:36:20,735 --> 00:36:23,135
s question, but. Uh,

1143
00:36:23,371 --> 00:36:25,720
So the portion of the easement

1144
00:36:25,720 --> 00:36:26,107
that is unimproved. Is there a

1145
00:36:26,107 --> 00:36:27,275
process by which, and I guess

1146
00:36:27,275 --> 00:36:28,476
would it be the city that would

1147
00:36:28,476 --> 00:36:30,612
initiate it? Would it be

1148
00:36:30,612 --> 00:36:33,612
homeowners would initiate it to

1149
00:36:33,848 --> 00:36:34,549
actually request. The vacation

1150
00:36:34,549 --> 00:36:38,149
of that or abandonment of that

1151
00:36:38,386 --> 00:36:40,386
easement. Yeah, Commissioner

1152
00:36:40,955 --> 00:36:42,924
Anderson, so, uh, adjacent

1153
00:36:42,924 --> 00:36:43,858
property owners are an adjacent

1154
00:36:43,858 --> 00:36:46,258
property owner could petition

1155
00:36:47,295 --> 00:36:48,830
for a vacation of the easement.

1156
00:36:48,830 --> 00:36:51,700
That requires a petition of at

1157
00:36:51,700 --> 00:36:53,134
least 50% of the Adjacent

1158
00:36:53,134 --> 00:36:55,700
property owners to consent to

1159
00:36:55,700 --> 00:36:55,270
it or agree with it, and then

1160
00:36:55,270 --> 00:36:56,505
there

1161
00:36:56,505 --> 00:36:57,305
s a public hearing

1162
00:36:57,305 --> 00:36:58,907
process along that where the

1163
00:36:58,907 --> 00:36:59,407
city would need to make a

1164
00:36:59,407 --> 00:37:00,642
finding that it

1165
00:37:00,642 --> 00:37:02,878
s in the public

1166
00:37:02,878 --> 00:37:03,845
interest to vacate. Thesement

1167
00:37:03,845 --> 00:37:04,146
itself, right, and I guess

1168
00:37:04,146 --> 00:37:05,113
where I

1169
00:37:05,113 --> 00:37:06,548
m going with that is if

1170
00:37:06,548 --> 00:37:08,684
that a lot of ifs and thens,

1171
00:37:08,684 --> 00:37:11,860
but if that were to happen.

1172
00:37:11,860 --> 00:37:12,120
That was vacated became.

1173
00:37:12,120 --> 00:37:13,955
Property owned by those

1174
00:37:13,955 --> 00:37:15,724
property owners along that that

1175
00:37:15,724 --> 00:37:18,124
easement, a six-foot fence.

1176
00:37:18,694 --> 00:37:19,661
Would be permissible. On the

1177
00:37:19,661 --> 00:37:19,861
unimproved portion of this.

1178
00:37:19,861 --> 00:37:20,395
That

1179
00:37:20,395 --> 00:37:22,795
s correct, correct. Ok,

1180
00:37:23,665 --> 00:37:23,899
thank you. Commissioner Cortis.

1181
00:37:23,899 --> 00:37:25,267
No, it

1182
00:37:25,267 --> 00:37:25,701
s ok. I

1183
00:37:25,701 --> 00:37:25,968
m, I

1184
00:37:25,968 --> 00:37:26,201
m not gonna,

1185
00:37:26,201 --> 00:37:28,370
I don

1186
00:37:28,370 --> 00:37:28,637
t think we need to dive

1187
00:37:28,637 --> 00:37:30,372
into these hypotheticals any

1188
00:37:30,372 --> 00:37:31,907
further. I

1189
00:37:31,907 --> 00:37:32,374
m gonna, I

1190
00:37:32,374 --> 00:37:33,442
m gonna

1191
00:37:33,442 --> 00:37:36,442
make the motion. Thank you.

1192
00:37:36,912 --> 00:37:38,414
Except Actually, if somebody

1193
00:37:38,414 --> 00:37:40,783
else could cause I closed on me

1194
00:37:40,783 --> 00:37:41,817
by accident. Sorry, I will,

1195
00:37:41,817 --> 00:37:43,252
Commissioner West, you can help

1196
00:37:43,252 --> 00:37:46,550
me out with the second part

1197
00:37:46,550 --> 00:37:48,591
there, Cortis. Ok, to adopt

1198
00:37:48,591 --> 00:37:49,558
motion to adopt resolution 2666

1199
00:37:49,558 --> 00:37:51,558
approving the variance

1200
00:37:51,827 --> 00:37:53,729
application submitted by Mark

1201
00:37:53,729 --> 00:37:55,765
Palmquist, 675 Sunset Court for

1202
00:37:55,765 --> 00:37:58,100
a 6 ft tall privacy fence that

1203
00:37:58,100 --> 00:37:59,568
abuts the city road easement.

1204
00:37:59,568 --> 00:38:00,436
Said approval is subject to the

1205
00:38:00,436 --> 00:38:02,836
3 conditions listed in the

1206
00:38:04,106 --> 00:38:07,176
report. Second, so it has been

1207
00:38:07,176 --> 00:38:09,678
moved in 2nd. Any further

1208
00:38:09,678 --> 00:38:11,213
discussion on this topic?

1209
00:38:11,213 --> 00:38:14,213
Hearing none, all those in

1210
00:38:14,250 --> 00:38:17,850
favor say aye. Aye aye pose,

1211
00:38:18,688 --> 00:38:20,723
same sign. Motion carries 70.

1212
00:38:20,723 --> 00:38:20,890
So thank you, MR. Palmquist.

1213
00:38:20,890 --> 00:38:22,890
Let

1214
00:38:22,959 --> 00:38:24,827
s move on to item 7b, a

1215
00:38:24,827 --> 00:38:27,227
residential design review and

1216
00:38:27,229 --> 00:38:29,229
variance request by 580

1217
00:38:30,133 --> 00:38:31,567
Shoreview llc. Location is 559

1218
00:38:31,567 --> 00:38:32,902
Harbor Court, and senior

1219
00:38:32,902 --> 00:38:34,637
planner, Isaac Peterson has the

1220
00:38:34,637 --> 00:38:34,804
staff presentation. It

1221
00:38:34,804 --> 00:38:36,139
s all

1222
00:38:36,139 --> 00:38:37,540
yours, MR. Peterson. Thank you,

1223
00:38:37,540 --> 00:38:39,375
MR. Chair, members of the

1224
00:38:39,375 --> 00:38:42,245
commission, as the chair noted

1225
00:38:42,245 --> 00:38:42,812
tonight for your review and

1226
00:38:42,812 --> 00:38:44,180
consideration will be

1227
00:38:44,180 --> 00:38:45,815
residential design review and

1228
00:38:45,815 --> 00:38:48,215
variance request for 559 Harbor

1229
00:38:48,718 --> 00:38:51,487
Court, uh, the applicant, uh,

1230
00:38:51,487 --> 00:38:53,890
580 llc joins us along with, uh,

1231
00:38:53,890 --> 00:38:56,290
members of Wooddale Builders,

1232
00:38:56,292 --> 00:38:57,727
uh, to speak on the request for

1233
00:38:57,727 --> 00:38:59,295
the application. So just to get

1234
00:38:59,295 --> 00:39:00,563
our bearings here, uh, we

1235
00:39:00,563 --> 00:39:02,563
re

1236
00:39:02,565 --> 00:39:02,899
looking at the 559 Harbor Court

1237
00:39:02,899 --> 00:39:03,366
property that

1238
00:39:03,366 --> 00:39:05,302
s located within

1239
00:39:05,302 --> 00:39:05,472
the harbor Shores development.

1240
00:39:05,472 --> 00:39:07,203
It

1241
00:39:07,203 --> 00:39:07,327
s on the, uh, kind of, it

1242
00:39:07,327 --> 00:39:09,327
s

1243
00:39:10,674 --> 00:39:12,709
one of the first. Uh, repairing

1244
00:39:12,709 --> 00:39:14,845
lots or lake lots on the north

1245
00:39:14,845 --> 00:39:18,445
of the curve of Harbor Court,

1246
00:39:19,282 --> 00:39:22,786
uh. This is just to the south

1247
00:39:22,786 --> 00:39:23,860
of the joint access beach lot,

1248
00:39:23,860 --> 00:39:24,654
um, and it

1249
00:39:24,654 --> 00:39:25,555
s the, from the time

1250
00:39:25,555 --> 00:39:27,555
of the developments

1251
00:39:27,591 --> 00:39:29,860
construction. This is the 2nd

1252
00:39:29,860 --> 00:39:32,796
riparian lot that the city has

1253
00:39:32,796 --> 00:39:35,666
received building plans for. So,

1254
00:39:35,666 --> 00:39:37,670
um, it is located within the r1

1255
00:39:37,670 --> 00:39:38,535
detached residential zoning

1256
00:39:38,535 --> 00:39:39,470
district. So some members of

1257
00:39:39,470 --> 00:39:41,372
the commission that were here

1258
00:39:41,372 --> 00:39:43,600
at the time will recall a

1259
00:39:43,600 --> 00:39:44,308
portion of the harbor shores

1260
00:39:44,308 --> 00:39:46,708
development was located within

1261
00:39:47,911 --> 00:39:50,280
a pud, the interior lots. Uh,

1262
00:39:50,280 --> 00:39:51,715
on the northern portion of the

1263
00:39:51,715 --> 00:39:53,150
development and that interior

1264
00:39:53,150 --> 00:39:55,552
loop of harbor Court along with

1265
00:39:55,552 --> 00:39:59,152
some properties to the east of

1266
00:39:59,390 --> 00:40:01,825
Harbor or the lake lots were

1267
00:40:01,825 --> 00:40:03,427
straight r1 zoning within the

1268
00:40:03,427 --> 00:40:05,763
city shore land ordinance, uh,

1269
00:40:05,763 --> 00:40:09,660
for minimum lot size and sizes

1270
00:40:09,660 --> 00:40:10,670
and standards. So this lot is

1271
00:40:10,670 --> 00:40:11,302
considered a substandard

1272
00:40:11,302 --> 00:40:14,302
repairing lot due to reduced

1273
00:40:15,139 --> 00:40:18,139
front lock. Line width less

1274
00:40:18,209 --> 00:40:21,780
than 100 ft. Um, it does have a

1275
00:40:21,780 --> 00:40:23,470
lot area of 25,000. Square feet,

1276
00:40:23,470 --> 00:40:24,548
which is about 10,000 square

1277
00:40:24,548 --> 00:40:27,548
feet over the minimum along

1278
00:40:27,918 --> 00:40:30,688
with an average depth of 236 ft.

1279
00:40:30,688 --> 00:40:32,123
Again, it was plaited with the

1280
00:40:32,123 --> 00:40:34,523
harbor shores development at

1281
00:40:34,559 --> 00:40:35,159
the time of its consideration

1282
00:40:35,159 --> 00:40:35,527
and the Platt

1283
00:40:35,527 --> 00:40:37,527
s consideration.

1284
00:40:37,528 --> 00:40:39,564
This is one of two lots that

1285
00:40:39,564 --> 00:40:42,564
was considered with a variance

1286
00:40:42,700 --> 00:40:43,734
request, uh, to permit that

1287
00:40:43,734 --> 00:40:46,134
reduced frontline line width.

1288
00:40:48,139 --> 00:40:49,730
Um, so at that time, um, the

1289
00:40:49,730 --> 00:40:50,642
planning commission considered

1290
00:40:50,642 --> 00:40:52,944
it. There was a denial, the

1291
00:40:52,944 --> 00:40:55,344
subsequent appeal, the city

1292
00:40:55,513 --> 00:40:57,248
council approved, uh, the, uh,

1293
00:40:57,248 --> 00:40:59,684
reduced lot line with, with the

1294
00:40:59,684 --> 00:41:02,120
finding, uh, that there was a

1295
00:41:02,120 --> 00:41:02,887
practical difficulty in meeting

1296
00:41:02,887 --> 00:41:04,887
that minimum dimensional

1297
00:41:05,423 --> 00:41:07,291
requirement, um, In large part

1298
00:41:07,291 --> 00:41:10,228
because of kind of the push

1299
00:41:10,228 --> 00:41:13,131
pull effect of the location of

1300
00:41:13,131 --> 00:41:14,132
the Harbor Court Road, uh, in

1301
00:41:14,132 --> 00:41:14,666
the topography that

1302
00:41:14,666 --> 00:41:16,666
s present

1303
00:41:17,350 --> 00:41:17,369
on these lots, uh, this lot

1304
00:41:17,369 --> 00:41:19,369
itself doesn

1305
00:41:19,804 --> 00:41:21,806
t, uh, contain a

1306
00:41:21,806 --> 00:41:24,175
bluff, as the city and dnr

1307
00:41:24,175 --> 00:41:25,710
defines a bluff, but it does

1308
00:41:25,710 --> 00:41:29,310
contain a steep slope. Um, so

1309
00:41:29,481 --> 00:41:31,850
the concern at that time was if

1310
00:41:31,850 --> 00:41:33,118
the roadway was pushed, uh, to

1311
00:41:33,118 --> 00:41:36,718
the west with the latte, uh,

1312
00:41:36,855 --> 00:41:38,290
that. Buildable area and the

1313
00:41:38,290 --> 00:41:41,359
location of that road would be

1314
00:41:41,359 --> 00:41:42,160
located on a steeper slope, uh,

1315
00:41:42,160 --> 00:41:43,228
requiring more sight impacts,

1316
00:41:43,228 --> 00:41:44,229
and there

1317
00:41:44,229 --> 00:41:44,763
s a practical

1318
00:41:44,763 --> 00:41:46,763
difficulty in actually

1319
00:41:47,733 --> 00:41:50,350
constructing it. Um, along with

1320
00:41:50,350 --> 00:41:51,436
that, there is a common

1321
00:41:51,436 --> 00:41:53,739
development retaining wall that

1322
00:41:53,739 --> 00:41:55,874
was constructed following the

1323
00:41:55,874 --> 00:41:56,508
Platt approval that runs, uh,

1324
00:41:56,508 --> 00:41:56,642
through this property and I

1325
00:41:56,642 --> 00:41:56,775
ll,

1326
00:41:56,775 --> 00:41:58,775
I

1327
00:41:59,110 --> 00:42:00,780
ll show the location at a

1328
00:42:00,780 --> 00:42:03,780
subsequent slide further to the

1329
00:42:03,348 --> 00:42:05,748
south, uh, through 3 additional

1330
00:42:06,218 --> 00:42:08,587
platted lots that are common,

1331
00:42:08,587 --> 00:42:10,189
uh, joint retaining walls to

1332
00:42:10,189 --> 00:42:11,123
accommodate greed and slope

1333
00:42:11,123 --> 00:42:13,523
stabilization, uh, within the

1334
00:42:14,593 --> 00:42:17,563
development. So just on the

1335
00:42:17,563 --> 00:42:18,864
screen here, again, uh, a

1336
00:42:18,864 --> 00:42:20,366
substandard relot means a lot

1337
00:42:20,366 --> 00:42:21,400
of record that does not meet

1338
00:42:21,400 --> 00:42:23,169
the minimum standards for the

1339
00:42:23,169 --> 00:42:25,704
zoning district, which it is

1340
00:42:25,704 --> 00:42:27,506
located within. So this

1341
00:42:27,506 --> 00:42:29,740
property is located within the

1342
00:42:29,740 --> 00:42:31,110
shoreland district and the r1.

1343
00:42:31,110 --> 00:42:31,977
Uh, district, it

1344
00:42:31,977 --> 00:42:33,913
s within a

1345
00:42:33,913 --> 00:42:35,948
general development waters lake,

1346
00:42:35,948 --> 00:42:36,315
snail lake, um, so what we

1347
00:42:36,315 --> 00:42:38,315
re

1348
00:42:39,185 --> 00:42:41,870
referring to here is, uh, it is

1349
00:42:41,870 --> 00:42:43,723
standard in its width as

1350
00:42:43,723 --> 00:42:45,910
measured, um, at the, uh,

1351
00:42:45,910 --> 00:42:46,892
ordinary, high water line of

1352
00:42:46,892 --> 00:42:47,159
Snail Lake, so it

1353
00:42:47,159 --> 00:42:47,360
s 110 ft.

1354
00:42:47,360 --> 00:42:49,360
There

1355
00:42:50,696 --> 00:42:52,398
s a 3 with requirements

1356
00:42:52,398 --> 00:42:54,267
of the location at the lake,

1357
00:42:54,267 --> 00:42:56,202
the buildable pad, which is

1358
00:42:56,202 --> 00:42:57,670
approximately here, so 50 ft

1359
00:42:57,670 --> 00:42:59,205
off of Snail Lake within that

1360
00:42:59,205 --> 00:43:00,106
ordinary high water line

1361
00:43:00,106 --> 00:43:00,406
setback, where it

1362
00:43:00,406 --> 00:43:02,406
s just over

1363
00:43:03,943 --> 00:43:05,812
100 ft. Um, and then again, at

1364
00:43:05,812 --> 00:43:07,647
the curvature of the road or

1365
00:43:07,647 --> 00:43:09,749
that front property line meets

1366
00:43:09,749 --> 00:43:09,916
the Harbor Court right of way.

1367
00:43:09,916 --> 00:43:11,916
It

1368
00:43:14,520 --> 00:43:15,955
s at 82.24 ft. So the

1369
00:43:15,955 --> 00:43:18,355
applicants this evening are

1370
00:43:19,292 --> 00:43:21,394
proposing to construct a 2,922

1371
00:43:21,394 --> 00:43:23,229
square foot single family, uh,

1372
00:43:23,229 --> 00:43:25,980
home on the lot containing, uh,

1373
00:43:25,980 --> 00:43:28,980
you know, attached garage, a

1374
00:43:29,869 --> 00:43:31,271
standard, uh, home, uh, layout,

1375
00:43:31,271 --> 00:43:33,239
uh, on the property, uh, as the

1376
00:43:33,239 --> 00:43:34,174
commission knows, the

1377
00:43:34,174 --> 00:43:35,375
residential design review is

1378
00:43:35,375 --> 00:43:37,775
required for the construction

1379
00:43:37,977 --> 00:43:39,813
of new homes on substandard

1380
00:43:39,813 --> 00:43:40,480
repairing lots, um, and through

1381
00:43:40,480 --> 00:43:43,480
the proposal, there is a

1382
00:43:46,253 --> 00:43:48,253
variance to section 1.

1383
00:43:48,288 --> 00:43:50,557
15-155b3b for height of 43 ft

1384
00:43:50,557 --> 00:43:52,592
10 inches, which is greater

1385
00:43:52,592 --> 00:43:53,593
than the 35 ft height maximum

1386
00:43:53,593 --> 00:43:54,561
permitted, which is measured

1387
00:43:54,561 --> 00:43:57,230
from the lowest finish grade to

1388
00:43:57,230 --> 00:43:59,333
the highest peak of the roof.

1389
00:43:59,333 --> 00:44:03,360
So on the, on the screen here

1390
00:44:03,360 --> 00:44:04,571
is the, um. An elevation plan

1391
00:44:04,571 --> 00:44:05,906
of the proposed house along

1392
00:44:05,906 --> 00:44:06,940
with a rendering, so you can

1393
00:44:06,940 --> 00:44:11,140
see on the front side of the

1394
00:44:11,278 --> 00:44:13,247
property, it is a two-story, uh,

1395
00:44:13,247 --> 00:44:15,616
walkout home, um, with access

1396
00:44:15,616 --> 00:44:18,585
to harbor Court and then that

1397
00:44:18,585 --> 00:44:20,988
half, uh, walkout basement, uh,

1398
00:44:20,988 --> 00:44:25,188
at the lower level of the rear

1399
00:44:26,594 --> 00:44:28,996
facing snail lake. The proposed

1400
00:44:28,996 --> 00:44:30,831
location of the house is, uh,

1401
00:44:30,831 --> 00:44:33,233
centered off the curvature of,

1402
00:44:33,233 --> 00:44:35,936
of Harbor Court here. So the

1403
00:44:35,936 --> 00:44:38,936
front setback, uh, is about

1404
00:44:40,241 --> 00:44:42,610
just over 36 or just. Under 36

1405
00:44:42,610 --> 00:44:44,145
ft, uh, from the front property

1406
00:44:44,145 --> 00:44:46,447
line, the rear setback from the

1407
00:44:46,447 --> 00:44:49,447
lake, which is typically the

1408
00:44:49,583 --> 00:44:51,752
concern on a lot of riparian

1409
00:44:51,752 --> 00:44:54,722
builds is, uh, well in excess

1410
00:44:54,722 --> 00:44:55,790
of the minimum of 50 ft. Uh,

1411
00:44:55,790 --> 00:44:57,124
there is no setback averaging,

1412
00:44:57,124 --> 00:44:59,527
which has been a, a

1413
00:44:59,527 --> 00:45:01,927
conversation through many of

1414
00:45:02,300 --> 00:45:03,364
our substandard reviews, uh, in

1415
00:45:03,364 --> 00:45:05,299
recent months, uh, simply by

1416
00:45:05,299 --> 00:45:05,766
the fact that there

1417
00:45:05,766 --> 00:45:06,467
s no

1418
00:45:06,467 --> 00:45:09,467
adjacent homes here. In fact,

1419
00:45:10,204 --> 00:45:12,273
that What? A was planted as a

1420
00:45:12,273 --> 00:45:15,273
joint access lot, uh, for

1421
00:45:16,477 --> 00:45:17,478
shared access for, uh, the, the,

1422
00:45:17,478 --> 00:45:18,346
uh, interior property owners to

1423
00:45:18,346 --> 00:45:21,346
have shared access to Snail

1424
00:45:24,218 --> 00:45:24,885
Lake. Uh, in terms of our kind

1425
00:45:24,885 --> 00:45:27,285
of typical requirements within

1426
00:45:28,756 --> 00:45:30,250
a, a, a substandard lot, uh,

1427
00:45:30,250 --> 00:45:31,626
the, the application and the

1428
00:45:31,626 --> 00:45:33,828
proposal does meet and exceed

1429
00:45:33,828 --> 00:45:36,331
those standards in most aspects,

1430
00:45:36,331 --> 00:45:36,564
uh, in terms of lack coverage,

1431
00:45:36,564 --> 00:45:37,599
uh, it

1432
00:45:37,599 --> 00:45:37,966
s, it

1433
00:45:37,966 --> 00:45:39,966
s underneath the

1434
00:45:41,336 --> 00:45:43,336
25%. Require or maximum

1435
00:45:44,500 --> 00:45:44,111
requirement, uh, they

1436
00:45:44,111 --> 00:45:45,640
re

1437
00:45:45,640 --> 00:45:48,640
proposing 17.9% of the lot area

1438
00:45:48,676 --> 00:45:50,478
in terms of foundation area, it

1439
00:45:50,478 --> 00:45:52,847
is well below the maximum. This

1440
00:45:52,847 --> 00:45:54,783
is in large part because it is

1441
00:45:54,783 --> 00:45:56,751
a larger lot, uh, and, and

1442
00:45:56,751 --> 00:45:59,751
exceeds our, our minimums in,

1443
00:46:00,589 --> 00:46:01,590
in that, uh, regard. The

1444
00:46:01,590 --> 00:46:03,925
proposed attached garage, uh,

1445
00:46:03,925 --> 00:46:05,861
is under the 1000 square feet

1446
00:46:05,861 --> 00:46:08,697
per minute. Then again, the

1447
00:46:08,697 --> 00:46:11,660
front setbacks are, are met and,

1448
00:46:11,660 --> 00:46:13,435
uh, exceeded on all, all sides.

1449
00:46:13,435 --> 00:46:16,400
Uh, the building height is

1450
00:46:16,400 --> 00:46:17,339
shown at 43 ft 10 inches, uh,

1451
00:46:17,339 --> 00:46:20,339
what is permitted on the

1452
00:46:22,978 --> 00:46:25,181
property is 35 ft. Um, Going

1453
00:46:25,181 --> 00:46:28,781
through that, so the city code

1454
00:46:29,584 --> 00:46:31,870
does, uh, provide a two-part

1455
00:46:31,870 --> 00:46:31,220
definition for building height.

1456
00:46:31,220 --> 00:46:33,220
I

1457
00:46:34,230 --> 00:46:35,858
ll spare you the full reading

1458
00:46:35,858 --> 00:46:38,360
of the first height requirement,

1459
00:46:38,360 --> 00:46:39,361
but it effectively says for, uh,

1460
00:46:39,361 --> 00:46:41,361
the, the measurement

1461
00:46:41,597 --> 00:46:43,997
requirement for different, uh,

1462
00:46:44,833 --> 00:46:46,268
roof types, um. In most cases,

1463
00:46:46,268 --> 00:46:46,435
uh, in the city of Shoreview,

1464
00:46:46,435 --> 00:46:48,137
we

1465
00:46:48,137 --> 00:46:51,600
re talking about a pitched

1466
00:46:51,600 --> 00:46:51,974
roof, uh, on most residential

1467
00:46:51,974 --> 00:46:53,642
properties and the general

1468
00:46:53,642 --> 00:46:55,978
requirement is from the front.

1469
00:46:55,978 --> 00:46:57,880
You know, right of way, side,

1470
00:46:57,880 --> 00:46:59,815
front property line, side of

1471
00:46:59,815 --> 00:47:02,418
the finished grade for standard

1472
00:47:02,418 --> 00:47:03,986
lot, uh, the height requirement

1473
00:47:03,986 --> 00:47:06,986
is effective from that front

1474
00:47:08,157 --> 00:47:09,625
finish grade. Uh, to the, the

1475
00:47:09,625 --> 00:47:12,829
mean or median height of a

1476
00:47:12,829 --> 00:47:13,663
pitched roof, so. Shown in the

1477
00:47:13,663 --> 00:47:15,164
some of the application

1478
00:47:15,164 --> 00:47:15,331
material. This is accurate.

1479
00:47:15,331 --> 00:47:17,331
It

1480
00:47:17,567 --> 00:47:18,501
s on a typical, uh, height

1481
00:47:18,501 --> 00:47:18,668
review for a building permit,

1482
00:47:18,668 --> 00:47:20,668
we

1483
00:47:21,837 --> 00:47:22,972
re looking from the front

1484
00:47:22,972 --> 00:47:25,972
elevation to the midpoint of

1485
00:47:26,142 --> 00:47:28,544
the highest roof pitch. For

1486
00:47:28,544 --> 00:47:30,479
substandard lot, uh, the

1487
00:47:30,479 --> 00:47:31,914
requirement is that, uh, roof

1488
00:47:31,914 --> 00:47:34,317
height or building height is

1489
00:47:34,317 --> 00:47:36,519
measured from the lowest finish

1490
00:47:36,519 --> 00:47:38,154
grade to the tallest, uh, peak

1491
00:47:38,154 --> 00:47:40,723
of the tallest pitch of the

1492
00:47:40,723 --> 00:47:43,426
roof, effectively. So in most

1493
00:47:43,426 --> 00:47:44,494
cases, um, on a lake property

1494
00:47:44,494 --> 00:47:45,995
that lowest finished grade just

1495
00:47:45,995 --> 00:47:46,729
by virtue of grade towards a

1496
00:47:46,729 --> 00:47:50,929
lake is gonna be on the lake

1497
00:47:53,336 --> 00:47:54,237
side. Um, I should note the

1498
00:47:54,237 --> 00:47:55,438
application does propose to

1499
00:47:55,438 --> 00:47:58,174
exceed that, so you can kind of

1500
00:47:58,174 --> 00:47:58,374
see that, uh, difference of, uh,

1501
00:47:58,374 --> 00:47:59,976
what

1502
00:47:59,976 --> 00:48:02,512
s, what would be a

1503
00:48:02,512 --> 00:48:04,314
standard measurement at 28 ft,

1504
00:48:04,314 --> 00:48:06,216
uh, or just over, uh, on the

1505
00:48:06,216 --> 00:48:08,618
front elevation, and then again

1506
00:48:08,618 --> 00:48:10,253
43 ft 10 inches from that

1507
00:48:10,253 --> 00:48:11,254
lowest finish grade on the rear

1508
00:48:11,254 --> 00:48:13,957
lake side of the property of

1509
00:48:13,957 --> 00:48:14,124
the tallest bitch of the roof.

1510
00:48:14,124 --> 00:48:14,958
He

1511
00:48:14,958 --> 00:48:17,358
s planning commission is

1512
00:48:18,395 --> 00:48:19,295
aware, uh, when reviewing

1513
00:48:19,295 --> 00:48:20,297
variants applications,

1514
00:48:20,297 --> 00:48:21,665
three-part test that the

1515
00:48:21,665 --> 00:48:22,766
property owner uses to use the

1516
00:48:22,766 --> 00:48:25,535
property in a reasonable manner,

1517
00:48:25,535 --> 00:48:26,470
not permitted by code. That

1518
00:48:26,470 --> 00:48:28,371
there are unique circumstances

1519
00:48:28,371 --> 00:48:29,840
in the plight of the property

1520
00:48:29,840 --> 00:48:30,875
owners due to circumstances

1521
00:48:30,875 --> 00:48:32,743
unique to the property, not

1522
00:48:32,743 --> 00:48:33,744
created by the property,

1523
00:48:33,744 --> 00:48:35,579
previous property owners and

1524
00:48:35,579 --> 00:48:36,246
lastly, the the character of

1525
00:48:36,246 --> 00:48:36,914
character of the neighborhood

1526
00:48:36,914 --> 00:48:37,581
character of character of the

1527
00:48:37,581 --> 00:48:38,549
neighborhood will character of

1528
00:48:38,549 --> 00:48:41,549
not be adversely impacted. Or

1529
00:48:42,319 --> 00:48:44,719
altered. When reviewing the

1530
00:48:44,822 --> 00:48:47,858
request, um, Steph took a long

1531
00:48:47,858 --> 00:48:49,459
look at this, uh. Application.

1532
00:48:49,459 --> 00:48:51,195
So in terms of reasonable

1533
00:48:51,195 --> 00:48:53,163
manner, Steph does believe that

1534
00:48:53,163 --> 00:48:55,532
the proposed use of the

1535
00:48:55,532 --> 00:48:57,435
property is a reasonable use of

1536
00:48:57,435 --> 00:48:58,869
the, the site, uh, the

1537
00:48:58,869 --> 00:48:59,837
application does propose to

1538
00:48:59,837 --> 00:49:01,738
construct a single-family home

1539
00:49:01,738 --> 00:49:03,874
with that which is permitted

1540
00:49:03,874 --> 00:49:06,110
within the district, uh,

1541
00:49:06,110 --> 00:49:08,450
additionally, the proposed roof,

1542
00:49:08,450 --> 00:49:11,450
uh, or building height is

1543
00:49:11,348 --> 00:49:12,783
consistent with, uh, the height

1544
00:49:12,783 --> 00:49:14,783
requirements elsewhere outlined

1545
00:49:14,885 --> 00:49:18,220
by code and below that maximum

1546
00:49:18,220 --> 00:49:21,559
of 35 ft. Uh uh. On the front

1547
00:49:21,559 --> 00:49:22,260
elevation of the property. In

1548
00:49:22,260 --> 00:49:24,660
Terms of unique circumstances,

1549
00:49:26,831 --> 00:49:30,234
um. When looking at the slope

1550
00:49:30,234 --> 00:49:32,360
in the grade of the site, uh,

1551
00:49:32,360 --> 00:49:33,504
in that interplay with the

1552
00:49:33,504 --> 00:49:35,904
required front setback zone,

1553
00:49:37,308 --> 00:49:39,210
which is a 25 ft minimum and

1554
00:49:39,210 --> 00:49:41,610
40-foot maximum. The property

1555
00:49:41,645 --> 00:49:43,214
does contain a steep slope,

1556
00:49:43,214 --> 00:49:45,449
which is consistent with the

1557
00:49:45,449 --> 00:49:48,449
historic grade of the property.

1558
00:49:49,387 --> 00:49:52,290
The, the, the, uh. Herbert

1559
00:49:52,290 --> 00:49:55,890
Court portion of the grade is,

1560
00:49:56,940 --> 00:49:57,940
is a very similar to what was

1561
00:49:57,940 --> 00:50:00,940
present previously, um, in fact,

1562
00:50:00,231 --> 00:50:02,631
this. Lot contained the

1563
00:50:02,701 --> 00:50:05,101
northern, uh, foundation extent

1564
00:50:05,570 --> 00:50:07,472
of the Union Gas Bowl Mission

1565
00:50:07,472 --> 00:50:09,307
building itself. So that

1566
00:50:09,307 --> 00:50:11,707
largely remained unchanged. The

1567
00:50:12,944 --> 00:50:14,913
installation of the wall, um.

1568
00:50:14,913 --> 00:50:16,648
Raise the elevation a bit, but

1569
00:50:16,648 --> 00:50:19,617
as you can see from the Harbor

1570
00:50:19,617 --> 00:50:21,386
Court right of way. Almost

1571
00:50:21,386 --> 00:50:23,422
instantly and just outside of

1572
00:50:23,422 --> 00:50:26,191
that front setback zone, the

1573
00:50:26,191 --> 00:50:27,625
grade drops 8 to 10 ft rather

1574
00:50:27,625 --> 00:50:30,250
rapidly, uh, towards the

1575
00:50:31,663 --> 00:50:33,999
buildable pad of the house, so.

1576
00:50:33,999 --> 00:50:36,100
That, that grade change and

1577
00:50:36,100 --> 00:50:38,370
drop is really proportional to

1578
00:50:38,370 --> 00:50:40,872
the request that the applicant

1579
00:50:40,872 --> 00:50:41,730
is proposing this evening where

1580
00:50:41,730 --> 00:50:42,174
they

1581
00:50:42,174 --> 00:50:45,774
re in excess of just over

1582
00:50:46,978 --> 00:50:48,514
8 ft or 88.86 ft, um, which is

1583
00:50:48,514 --> 00:50:50,382
proportional to the grade

1584
00:50:50,382 --> 00:50:53,382
change observed on the site.

1585
00:50:56,255 --> 00:50:57,223
There is, um. There has been

1586
00:50:57,223 --> 00:50:59,623
evaluation of alternatives in

1587
00:50:59,725 --> 00:51:02,725
part, uh, whether grade could

1588
00:51:02,995 --> 00:51:05,431
be adjusted, um, or altered

1589
00:51:05,431 --> 00:51:06,465
through reduced roof height or

1590
00:51:06,465 --> 00:51:08,834
stories. Either way, there

1591
00:51:08,834 --> 00:51:09,936
would have to be, there is some

1592
00:51:09,936 --> 00:51:12,538
degree of fill that is required.

1593
00:51:12,538 --> 00:51:14,373
Uh, in staff

1594
00:51:14,373 --> 00:51:16,373
s review, the

1595
00:51:18,978 --> 00:51:20,646
proposed application seeks to.

1596
00:51:20,646 --> 00:51:22,814
Introduce the least amount of

1597
00:51:22,814 --> 00:51:25,384
Phil Lakeside of the house or

1598
00:51:25,384 --> 00:51:27,286
kind of within those sensitive

1599
00:51:27,286 --> 00:51:28,287
shoreland areas. So

1600
00:51:28,287 --> 00:51:30,287
alternatively, the applicant

1601
00:51:30,957 --> 00:51:32,791
has considered. Filling and

1602
00:51:32,791 --> 00:51:34,827
leveling the site, uh, to

1603
00:51:34,827 --> 00:51:37,827
achieve a similar house form

1604
00:51:38,130 --> 00:51:40,500
that would require, uh, about

1605
00:51:40,500 --> 00:51:43,360
1500 cubic yards of fill and

1606
00:51:43,360 --> 00:51:44,370
additional retaining wall, um,

1607
00:51:44,370 --> 00:51:46,740
for largely a similar product,

1608
00:51:46,740 --> 00:51:48,808
um, you know, one of the kind

1609
00:51:48,808 --> 00:51:50,643
of push pulls in the minimum

1610
00:51:50,643 --> 00:51:52,679
grading or fill that would be

1611
00:51:52,679 --> 00:51:55,715
required on the site would be

1612
00:51:55,715 --> 00:51:57,517
to raise the foundation.

1613
00:51:57,517 --> 00:51:59,917
Particularly the driveway to

1614
00:52:00,586 --> 00:52:03,456
have a pitch away from. Um, You

1615
00:52:03,456 --> 00:52:05,491
know, the entrance to the

1616
00:52:05,491 --> 00:52:07,794
garage and from house to street

1617
00:52:07,794 --> 00:52:08,461
to, uh, you know, send

1618
00:52:08,461 --> 00:52:10,330
stormwater in large part from

1619
00:52:10,330 --> 00:52:12,164
the front of the house towards

1620
00:52:12,164 --> 00:52:14,667
the stormwater system that was

1621
00:52:14,667 --> 00:52:17,670
installed with the development.

1622
00:52:18,237 --> 00:52:21,237
So, um, staff believes that.

1623
00:52:21,274 --> 00:52:23,477
That filling, uh, to

1624
00:52:23,477 --> 00:52:25,545
accommodate and meet the height

1625
00:52:25,545 --> 00:52:27,847
requirement for the house, um,

1626
00:52:27,847 --> 00:52:30,717
is well in excess of a typical,

1627
00:52:30,717 --> 00:52:32,850
uh, grading plan that would be,

1628
00:52:32,850 --> 00:52:33,553
uh, considered for a, a

1629
00:52:33,553 --> 00:52:35,953
building application of the

1630
00:52:36,422 --> 00:52:36,623
sort of this type, um, and that

1631
00:52:36,623 --> 00:52:38,358
they

1632
00:52:38,358 --> 00:52:39,459
re largely be additional

1633
00:52:39,459 --> 00:52:41,762
impacts resulting from that to

1634
00:52:41,762 --> 00:52:43,129
adjacent properties. In terms

1635
00:52:43,129 --> 00:52:45,198
of character of the

1636
00:52:45,198 --> 00:52:47,567
neighborhood, uh, the, the

1637
00:52:47,567 --> 00:52:49,436
applicant did provide, um,

1638
00:52:49,436 --> 00:52:50,300
precedent examples, um, which

1639
00:52:50,300 --> 00:52:50,370
is consistent with staff

1640
00:52:50,370 --> 00:52:52,370
s

1641
00:52:52,806 --> 00:52:53,373
review of building permits

1642
00:52:53,373 --> 00:52:55,373
throughout the development

1643
00:52:55,909 --> 00:52:58,145
where, uh, you know, throughout

1644
00:52:58,145 --> 00:52:59,747
the development there, the, the

1645
00:52:59,747 --> 00:53:01,448
proposed house is consistent

1646
00:53:01,448 --> 00:53:02,383
with building heights that are

1647
00:53:02,383 --> 00:53:04,751
under construction right now or

1648
00:53:04,751 --> 00:53:07,187
have been constructed. Um, you

1649
00:53:07,187 --> 00:53:10,187
know, most, uh, fall within

1650
00:53:12,660 --> 00:53:15,329
that, uh, 26 to 29 ft. Standard

1651
00:53:15,329 --> 00:53:17,865
lot height measurement and our

1652
00:53:17,865 --> 00:53:19,266
around 40 to 44 ft if they were

1653
00:53:19,266 --> 00:53:21,135
measured from the rear of the

1654
00:53:21,135 --> 00:53:22,369
house. So the proposed

1655
00:53:22,369 --> 00:53:24,238
elevation plans, uh, do not

1656
00:53:24,238 --> 00:53:25,505
appear as though they would Uh,

1657
00:53:25,505 --> 00:53:27,441
be outside of the character of

1658
00:53:27,441 --> 00:53:29,841
the neighborhood. Within the

1659
00:53:30,144 --> 00:53:32,279
harbor shores development. In

1660
00:53:32,279 --> 00:53:34,150
terms of public comment, notice

1661
00:53:34,150 --> 00:53:35,950
was distributed to property

1662
00:53:35,950 --> 00:53:37,918
owners within 150 ft of the,

1663
00:53:37,918 --> 00:53:38,385
the site, uh, currently no

1664
00:53:38,385 --> 00:53:39,530
staff hasn

1665
00:53:39,530 --> 00:53:41,530
t received any

1666
00:53:43,223 --> 00:53:45,993
public comment. Uh, staff would

1667
00:53:45,993 --> 00:53:47,761
recommend, uh, given the, the

1668
00:53:47,761 --> 00:53:49,761
practical difficulty outlined

1669
00:53:51,131 --> 00:53:52,199
approval or adoption of

1670
00:53:52,199 --> 00:53:54,502
resolution 26-67, which would

1671
00:53:54,502 --> 00:53:56,404
grant the variants to increase

1672
00:53:56,404 --> 00:53:57,839
the maximum permitted building

1673
00:53:57,839 --> 00:54:00,839
height from 35 ft to 43 ft 10

1674
00:54:01,942 --> 00:54:02,610
inches. Uh, with conditions as

1675
00:54:02,610 --> 00:54:05,279
outlined within my report and

1676
00:54:05,279 --> 00:54:07,782
with that, MR. Chair, I will

1677
00:54:07,782 --> 00:54:09,217
stand for questions. Thank you,

1678
00:54:09,217 --> 00:54:11,152
MR. Peterson, Commissioner

1679
00:54:11,152 --> 00:54:14,152
Simonson MR. Chair, uh. MR.

1680
00:54:14,288 --> 00:54:14,522
Peterson. Could you comment? I

1681
00:54:14,522 --> 00:54:15,223
know it

1682
00:54:15,223 --> 00:54:16,324
s been a while. I

1683
00:54:16,324 --> 00:54:19,324
should, I should remember this,

1684
00:54:21,729 --> 00:54:23,300
but uh. Are there other uh

1685
00:54:23,300 --> 00:54:25,300
substandard repairing lots

1686
00:54:25,660 --> 00:54:27,466
along in this development,

1687
00:54:27,802 --> 00:54:28,370
there is one, additional

1688
00:54:28,370 --> 00:54:30,370
substandard repairing lot

1689
00:54:30,738 --> 00:54:33,138
within the development. Uh,

1690
00:54:34,575 --> 00:54:37,445
that had a similar condition as

1691
00:54:37,445 --> 00:54:40,882
a 548 Harbor Court, um, sort of

1692
00:54:40,882 --> 00:54:43,685
lot 5, I believe, um, so that

1693
00:54:43,685 --> 00:54:44,652
is, does have the same

1694
00:54:44,652 --> 00:54:46,287
restriction imposed, uh, I

1695
00:54:46,287 --> 00:54:48,490
would say, and not to speak for

1696
00:54:48,490 --> 00:54:49,991
the applicant that there is

1697
00:54:49,991 --> 00:54:51,392
concern about the viability of

1698
00:54:51,392 --> 00:54:53,361
achieving the height

1699
00:54:53,361 --> 00:54:53,928
requirement on that lot. Um,

1700
00:54:53,928 --> 00:54:54,829
And there

1701
00:54:54,829 --> 00:54:57,198
s some discussion on

1702
00:54:57,198 --> 00:54:59,598
whether the commission would

1703
00:55:00,135 --> 00:55:02,137
Consider a request for that.

1704
00:55:02,137 --> 00:55:02,273
Staff

1705
00:55:02,273 --> 00:55:02,570
s response was that, you

1706
00:55:02,570 --> 00:55:02,771
know, we, we don

1707
00:55:02,771 --> 00:55:04,105
t wanna

1708
00:55:04,105 --> 00:55:04,873
discuss or consider a variance

1709
00:55:04,873 --> 00:55:06,408
request without looking at

1710
00:55:06,408 --> 00:55:07,842
plans. MR. Peterson is, I, I

1711
00:55:07,842 --> 00:55:08,276
guess my, my question is

1712
00:55:08,276 --> 00:55:09,178
because it

1713
00:55:09,178 --> 00:55:09,377
s substandard,

1714
00:55:09,377 --> 00:55:11,346
that

1715
00:55:11,346 --> 00:55:12,747
s where the height

1716
00:55:12,747 --> 00:55:14,483
definition changes where you

1717
00:55:14,483 --> 00:55:15,917
have the top of the roof to the

1718
00:55:15,917 --> 00:55:16,818
lowest point, whereas if it was

1719
00:55:16,818 --> 00:55:19,421
a standard lot, it would

1720
00:55:19,421 --> 00:55:19,654
essentially be. The front yard

1721
00:55:19,654 --> 00:55:20,589
and it

1722
00:55:20,589 --> 00:55:23,589
d be half roof roof

1723
00:55:23,825 --> 00:55:24,993
height, which takes ok, and

1724
00:55:24,993 --> 00:55:27,696
then so the reason I asked that

1725
00:55:27,696 --> 00:55:27,863
question and from the lakeside.

1726
00:55:27,863 --> 00:55:28,563
You

1727
00:55:28,563 --> 00:55:30,963
re gonna have houses

1728
00:55:31,499 --> 00:55:32,834
probably with walkouts. That

1729
00:55:32,834 --> 00:55:34,803
would probably look similar

1730
00:55:34,803 --> 00:55:36,380
adjacent to it, I would think

1731
00:55:36,380 --> 00:55:38,438
that is correct, Commissioner

1732
00:55:38,640 --> 00:55:40,576
Solomon. So this is the other

1733
00:55:40,576 --> 00:55:42,100
riparian lot that is a standard

1734
00:55:42,100 --> 00:55:44,313
lot that is under construction

1735
00:55:44,313 --> 00:55:47,282
and has had a building permit

1736
00:55:47,282 --> 00:55:49,251
issued. Ok, thanks. MR.

1737
00:55:49,251 --> 00:55:50,719
Anderson, thank you, MR. Chair.

1738
00:55:50,719 --> 00:55:53,322
MR. Peterson, so if you could

1739
00:55:53,322 --> 00:55:56,158
pull the diagram back up of the

1740
00:55:56,158 --> 00:55:56,725
Phil example. Just so I

1741
00:55:56,725 --> 00:55:58,627
m fully

1742
00:55:58,627 --> 00:55:59,940
understanding this. So

1743
00:55:59,940 --> 00:55:59,528
effectively what we

1744
00:55:59,528 --> 00:56:00,529
re saying

1745
00:56:00,529 --> 00:56:01,998
is the backside of the house,

1746
00:56:01,998 --> 00:56:03,999
the lake side of the house

1747
00:56:03,999 --> 00:56:05,301
would no longer have a walkout

1748
00:56:05,301 --> 00:56:08,301
in that example, is that

1749
00:56:08,637 --> 00:56:09,338
correct? But otherwise would be

1750
00:56:09,338 --> 00:56:12,338
designed similarly. So more or

1751
00:56:12,675 --> 00:56:15,578
less. Choosing a home design

1752
00:56:15,578 --> 00:56:15,745
that meets this lot. Or so it

1753
00:56:15,745 --> 00:56:17,680
d

1754
00:56:17,680 --> 00:56:18,481
be a lookout home rather than a

1755
00:56:18,481 --> 00:56:20,881
walkout. Great. All right,

1756
00:56:22,852 --> 00:56:23,853
thank you. Commissioner Ammann,

1757
00:56:23,853 --> 00:56:25,853
one clarification, Commissioner

1758
00:56:26,923 --> 00:56:27,223
Anderson, but The, the top one

1759
00:56:27,223 --> 00:56:29,223
that wouldn

1760
00:56:32,328 --> 00:56:32,995
t be at the. 40 3

1761
00:56:32,995 --> 00:56:35,395
feet 10 inches, correct, or

1762
00:56:37,660 --> 00:56:37,800
would it? Yes, Commissioner

1763
00:56:37,800 --> 00:56:38,868
Aman, so what

1764
00:56:38,868 --> 00:56:40,636
s really being

1765
00:56:40,636 --> 00:56:42,271
conveyed here is, uh, if you

1766
00:56:42,271 --> 00:56:44,907
look at kind of the elevation

1767
00:56:44,907 --> 00:56:48,278
on the left side here. So the,

1768
00:56:48,278 --> 00:56:50,814
the peak of the roof is

1769
00:56:50,814 --> 00:56:51,470
effectively still at uh let

1770
00:56:51,470 --> 00:56:53,470
s

1771
00:56:53,483 --> 00:56:55,883
say a 950 elevation. Whereas

1772
00:56:56,586 --> 00:56:59,989
the peak of the roof currently

1773
00:56:59,989 --> 00:57:02,989
is just uh. Over that 950

1774
00:57:03,927 --> 00:57:06,620
elevation. So. Very similar in

1775
00:57:06,620 --> 00:57:09,620
style and overall height. Um,

1776
00:57:10,333 --> 00:57:11,869
But With, as a result of

1777
00:57:11,869 --> 00:57:12,569
raising the grade with Phil,

1778
00:57:12,569 --> 00:57:14,404
that measurement off the back

1779
00:57:14,404 --> 00:57:17,404
would. Be, you know, within

1780
00:57:21,144 --> 00:57:22,679
that. Its name, yeah. MR. Chair,

1781
00:57:22,679 --> 00:57:23,713
I have a follow-up question, uh,

1782
00:57:23,713 --> 00:57:24,140
so the geometry, maybe it

1783
00:57:24,140 --> 00:57:24,515
s

1784
00:57:24,515 --> 00:57:25,415
just because it

1785
00:57:25,415 --> 00:57:25,582
s not a square,

1786
00:57:25,582 --> 00:57:27,170
it

1787
00:57:27,170 --> 00:57:28,552
s hard to really tell, but

1788
00:57:28,552 --> 00:57:29,286
is the width of this lot

1789
00:57:29,286 --> 00:57:32,886
changing as it gets towards the

1790
00:57:33,357 --> 00:57:34,958
lake. And, and at what point,

1791
00:57:34,958 --> 00:57:36,827
what is considered illegal with

1792
00:57:36,827 --> 00:57:37,628
and so what part of the house

1793
00:57:37,628 --> 00:57:40,630
would probably be in what I

1794
00:57:40,630 --> 00:57:41,565
would call. The proper width.

1795
00:57:41,565 --> 00:57:42,265
Would there be a part of the

1796
00:57:42,265 --> 00:57:46,169
house that would be in what I

1797
00:57:46,169 --> 00:57:49,473
would call a. An approved width

1798
00:57:49,473 --> 00:57:50,207
for a standard lot. Yeah, so

1799
00:57:50,207 --> 00:57:51,442
Christian, Commissioner

1800
00:57:51,442 --> 00:57:54,244
Solomonsson, so the geometry of

1801
00:57:54,244 --> 00:57:56,647
the lad, if you look from this

1802
00:57:56,647 --> 00:57:58,582
northern point in the southern

1803
00:57:58,582 --> 00:58:01,850
point, it flares out and gets

1804
00:58:01,850 --> 00:58:02,686
wider a little bit as it goes

1805
00:58:02,686 --> 00:58:05,686
from here to here. The

1806
00:58:07,191 --> 00:58:07,358
applicant provided a. Diagram.

1807
00:58:07,358 --> 00:58:09,590
It

1808
00:58:09,590 --> 00:58:11,610
s 100 ft right here,

1809
00:58:11,610 --> 00:58:12,663
effectively at the building pad

1810
00:58:12,663 --> 00:58:12,863
for the house. Um, it

1811
00:58:12,863 --> 00:58:14,863
s that

1812
00:58:15,966 --> 00:58:16,467
location. Right on Harbor Court

1813
00:58:16,467 --> 00:58:18,368
where there

1814
00:58:18,368 --> 00:58:20,768
s a reduced width.

1815
00:58:20,771 --> 00:58:21,839
Um, at the time of the

1816
00:58:21,839 --> 00:58:22,473
development consideration,

1817
00:58:22,473 --> 00:58:22,806
there is, there

1818
00:58:22,806 --> 00:58:24,806
s thought given

1819
00:58:28,312 --> 00:58:29,914
to Do you pull that Harbor

1820
00:58:29,914 --> 00:58:31,816
Court curvature further inward

1821
00:58:31,816 --> 00:58:34,850
into the property to achieve

1822
00:58:34,850 --> 00:58:35,119
the minimum width or not a

1823
00:58:35,119 --> 00:58:36,287
variance was considered and

1824
00:58:36,287 --> 00:58:38,287
ultimately approved. That

1825
00:58:39,590 --> 00:58:40,725
favored Pulling it away from

1826
00:58:40,725 --> 00:58:43,725
the, the steepness of the

1827
00:58:44,896 --> 00:58:47,198
property. Uh, as a result of

1828
00:58:47,198 --> 00:58:48,599
the grade, um, instead of

1829
00:58:48,599 --> 00:58:49,000
having a, a standard lot right

1830
00:58:49,000 --> 00:58:49,500
there. So that

1831
00:58:49,500 --> 00:58:51,900
s why the lot

1832
00:58:52,303 --> 00:58:54,172
was created. As it is, as it

1833
00:58:54,172 --> 00:58:55,673
exists today. So maybe you

1834
00:58:55,673 --> 00:58:56,340
clarify where is the

1835
00:58:56,340 --> 00:58:57,542
restriction restrictive width.

1836
00:58:57,542 --> 00:58:58,760
I just wanna make sure I

1837
00:58:58,760 --> 00:58:59,444
understand that. It

1838
00:58:59,444 --> 00:59:00,511
s just this

1839
00:59:00,511 --> 00:59:01,879
front property just that area

1840
00:59:01,879 --> 00:59:06,500
there, but the width of the lot

1841
00:59:06,500 --> 00:59:06,250
in general. Is much wider. Ok,

1842
00:59:06,250 --> 00:59:07,819
that

1843
00:59:07,819 --> 00:59:10,219
s, that helps. Thanks.

1844
00:59:11,656 --> 00:59:14,258
Yeah. Anybody else have any

1845
00:59:14,258 --> 00:59:17,128
questions for staff? Ok, thank

1846
00:59:17,128 --> 00:59:18,960
you, MR. Peterson. If the

1847
00:59:18,960 --> 00:59:20,496
applicants, the audience would

1848
00:59:23,835 --> 00:59:24,769
like to, uh, stand up and

1849
00:59:24,769 --> 00:59:25,503
Address the commission. Uh,

1850
00:59:25,503 --> 00:59:28,503
please remember to give your

1851
00:59:28,707 --> 00:59:31,707
name and address. The record.

1852
00:59:31,743 --> 00:59:33,278
Excuse me. Thank you Chair and

1853
00:59:33,278 --> 00:59:33,912
members of the commission for

1854
00:59:33,912 --> 00:59:36,312
evaluating this request. My

1855
00:59:36,481 --> 00:59:37,983
name is Bob Moser. My address

1856
00:59:37,983 --> 00:59:38,516
is 986 Priestster Lane, Hudson,

1857
00:59:38,516 --> 00:59:40,516
Wisconsin, although I

1858
00:59:41,219 --> 00:59:42,287
m a

1859
00:59:42,287 --> 00:59:43,288
Longtime Shoreview resident, my

1860
00:59:43,288 --> 00:59:44,222
younger years and currently

1861
00:59:44,222 --> 00:59:44,342
office in Shoreview, so I

1862
00:59:44,342 --> 00:59:45,390
m

1863
00:59:45,390 --> 00:59:45,824
very familiar with the area and

1864
00:59:45,824 --> 00:59:47,824
appreciate all you

1865
00:59:49,461 --> 00:59:50,829
ve done. Um,

1866
00:59:50,829 --> 00:59:51,963
After review of the staff

1867
00:59:51,963 --> 00:59:52,965
report and after hearing the

1868
00:59:52,965 --> 00:59:54,833
presentation tonight, I feel as

1869
00:59:54,833 --> 00:59:55,834
though things were. Very

1870
00:59:55,834 --> 00:59:56,168
thoroughly covered, but I

1871
00:59:56,168 --> 00:59:56,902
m

1872
00:59:56,902 --> 00:59:59,370
happy to answer any questions

1873
00:59:59,370 --> 01:00:00,138
you might have. I have a

1874
01:00:00,138 --> 01:00:03,738
question for you. Why not just

1875
01:00:03,775 --> 01:00:05,611
lower the roof? The character

1876
01:00:05,611 --> 01:00:07,579
of the neighborhood is, is the

1877
01:00:07,579 --> 01:00:07,746
primary reason for that. Uh, I

1878
01:00:07,746 --> 01:00:09,746
don

1879
01:00:10,150 --> 01:00:11,283
t know. There are some

1880
01:00:11,283 --> 01:00:12,884
other examples here of things

1881
01:00:12,884 --> 01:00:14,686
that that are being done in the

1882
01:00:14,686 --> 01:00:16,188
neighborhood. But just so you

1883
01:00:16,188 --> 01:00:16,788
know, Wooddale Builders, is the

1884
01:00:16,788 --> 01:00:19,188
exclusive builder in this

1885
01:00:19,725 --> 01:00:22,125
neighborhood. And one reason.

1886
01:00:22,327 --> 01:00:24,290
Uh, an individual builder was

1887
01:00:24,290 --> 01:00:26,310
selected, was there a quality

1888
01:00:26,310 --> 01:00:28,431
builder who, who build.

1889
01:00:29,402 --> 01:00:30,200
Consistently. Uh,

1890
01:00:30,200 --> 01:00:30,502
architecturally consistent

1891
01:00:30,502 --> 01:00:32,438
structures within the

1892
01:00:32,438 --> 01:00:34,607
neighborhood to make it. Very

1893
01:00:34,607 --> 01:00:36,709
attractive. Um, As an example

1894
01:00:36,709 --> 01:00:40,479
of that, I will go through and

1895
01:00:40,479 --> 01:00:41,947
show some other things that Um,

1896
01:00:41,947 --> 01:00:42,681
I was looking for some

1897
01:00:42,681 --> 01:00:45,810
perspective drawings here. See,

1898
01:00:47,586 --> 01:00:48,200
here we go. Ok, I guess here

1899
01:00:48,200 --> 01:00:48,654
s

1900
01:00:48,654 --> 01:00:49,550
one here. Maybe i

1901
01:00:49,550 --> 01:00:49,270
ll, I

1902
01:00:49,270 --> 01:00:51,123
ll

1903
01:00:51,123 --> 01:00:53,292
answer that in two ways. Number

1904
01:00:53,292 --> 01:00:55,227
1 is there is a steeper pitch

1905
01:00:55,227 --> 01:00:56,696
on the front to make it

1906
01:00:56,696 --> 01:00:58,164
architecturally consistent with

1907
01:00:58,164 --> 01:01:01,000
others in the neighborhood. Uh,

1908
01:01:01,000 --> 01:01:02,168
but this pitch for the 2nd

1909
01:01:02,168 --> 01:01:03,402
story here is reduced

1910
01:01:03,402 --> 01:01:04,237
substantially to try to keep

1911
01:01:04,237 --> 01:01:07,773
the height down as much as

1912
01:01:07,773 --> 01:01:08,741
possible. So you aesthetically

1913
01:01:08,741 --> 01:01:10,943
can achieve the look of the

1914
01:01:10,943 --> 01:01:11,911
Nehir wood with a front gables.

1915
01:01:11,911 --> 01:01:14,748
But on the main part of the

1916
01:01:14,748 --> 01:01:14,914
house, it has been reduced, but

1917
01:01:14,914 --> 01:01:16,490
it

1918
01:01:16,490 --> 01:01:17,850
s somewhat obscured by the

1919
01:01:17,850 --> 01:01:20,250
architectural design here. So

1920
01:01:21,210 --> 01:01:25,821
now, if you go to. A home built

1921
01:01:26,492 --> 01:01:26,826
on. Let

1922
01:01:26,826 --> 01:01:27,600
s see here. I

1923
01:01:27,600 --> 01:01:29,600
m trying

1924
01:01:32,320 --> 01:01:32,966
to get my Here we go. This is a

1925
01:01:32,966 --> 01:01:34,901
home-built, currently being

1926
01:01:34,901 --> 01:01:36,403
built on Lot 7, right next door,

1927
01:01:36,403 --> 01:01:37,904
the subject property is on lot

1928
01:01:37,904 --> 01:01:39,739
8. And this is actually a

1929
01:01:39,739 --> 01:01:43,339
one-story home. Um, and as you

1930
01:01:43,410 --> 01:01:47,547
will see, The Uh, on the next

1931
01:01:47,547 --> 01:01:48,948
page. If the height for this

1932
01:01:48,948 --> 01:01:50,517
structure were determined based

1933
01:01:50,517 --> 01:01:52,719
on the same criteria as being

1934
01:01:52,719 --> 01:01:54,454
used for the, for the home

1935
01:01:54,454 --> 01:01:56,690
proposed for Lot 8. This home

1936
01:01:56,690 --> 01:01:58,425
would be 42 ft high. As

1937
01:01:58,425 --> 01:02:00,260
compared to just over 43 ft for

1938
01:02:00,260 --> 01:02:00,760
the subject property. And there

1939
01:02:00,760 --> 01:02:02,295
again, that

1940
01:02:02,295 --> 01:02:04,664
s due in large part

1941
01:02:04,664 --> 01:02:05,599
to the architecture. That

1942
01:02:05,599 --> 01:02:05,799
s,

1943
01:02:05,799 --> 01:02:07,100
that

1944
01:02:07,100 --> 01:02:08,135
s being integrated into

1945
01:02:08,135 --> 01:02:10,504
all the designs for the homes

1946
01:02:10,504 --> 01:02:12,506
in the neighborhood. Even the

1947
01:02:12,506 --> 01:02:14,906
villas in that neighborhood.

1948
01:02:17,644 --> 01:02:17,844
And I have an example here. So

1949
01:02:17,844 --> 01:02:19,790
here

1950
01:02:19,790 --> 01:02:19,446
s a villa here. It

1951
01:02:19,446 --> 01:02:21,147
s built

1952
01:02:21,147 --> 01:02:23,283
on one of the, on one of the

1953
01:02:23,283 --> 01:02:25,919
interior lots. There again, if

1954
01:02:25,919 --> 01:02:28,880
you look at the height, uh,

1955
01:02:28,880 --> 01:02:30,424
calculation for that one is 41

1956
01:02:30,424 --> 01:02:33,424
and 9 3/4 inches. From a, a

1957
01:02:33,527 --> 01:02:33,689
standard lot. Calculation, it

1958
01:02:33,689 --> 01:02:35,295
s

1959
01:02:35,295 --> 01:02:37,640
only 21 ft tall. But there

1960
01:02:37,640 --> 01:02:39,330
again, uh, I get the important

1961
01:02:39,330 --> 01:02:41,680
aspect of bringing this up is

1962
01:02:41,680 --> 01:02:43,203
that for, for the villas and

1963
01:02:43,203 --> 01:02:44,380
the single-family homes. To all

1964
01:02:44,380 --> 01:02:46,600
be consistent in nature, which

1965
01:02:46,600 --> 01:02:48,542
as I know is something very

1966
01:02:48,542 --> 01:02:49,944
important as part of any.

1967
01:02:49,944 --> 01:02:50,144
Exclusive development like this.

1968
01:02:50,144 --> 01:02:51,110
That

1969
01:02:51,110 --> 01:02:51,245
s exactly why we also said

1970
01:02:51,245 --> 01:02:53,245
we don

1971
01:02:54,480 --> 01:02:55,950
t want to come to. One

1972
01:02:55,950 --> 01:02:56,383
lot or potentially 2, and have

1973
01:02:56,383 --> 01:02:56,617
something that

1974
01:02:56,617 --> 01:02:57,952
s totally

1975
01:02:57,952 --> 01:02:58,886
architecturally inconsistent.

1976
01:02:58,886 --> 01:02:59,287
So there again, it

1977
01:02:59,287 --> 01:03:01,287
s the

1978
01:03:01,756 --> 01:03:04,910
character that a neighborhood

1979
01:03:04,910 --> 01:03:04,992
criteria that we feel, you know,

1980
01:03:04,992 --> 01:03:07,392
justifies asking for this

1981
01:03:08,796 --> 01:03:09,430
variance. Ok, thank you, uh,

1982
01:03:09,430 --> 01:03:12,430
any other questions for MR.

1983
01:03:15,202 --> 01:03:16,404
Mosher? Thank you. Thank you

1984
01:03:16,404 --> 01:03:16,837
very much. Um, let

1985
01:03:16,837 --> 01:03:18,837
s move to

1986
01:03:19,730 --> 01:03:20,410
the public. If the public has

1987
01:03:20,410 --> 01:03:22,441
any comments or questions,

1988
01:03:24,178 --> 01:03:25,279
please come to the podium. Your

1989
01:03:25,279 --> 01:03:28,850
name and address for the record.

1990
01:03:28,850 --> 01:03:31,786
Hi, my name is Jane Friedman,

1991
01:03:31,786 --> 01:03:34,288
and my partner and I live at

1992
01:03:34,288 --> 01:03:36,688
4455 Harbor Place Court. Uh,

1993
01:03:37,125 --> 01:03:38,593
which is just slightly down the

1994
01:03:38,593 --> 01:03:41,593
road from this development and

1995
01:03:43,364 --> 01:03:46,734
it is a riparian lot, um. And

1996
01:03:46,734 --> 01:03:49,137
When my house was built in

1997
01:03:49,137 --> 01:03:51,173
about 1992, it, uh, required no

1998
01:03:51,173 --> 01:03:53,740
trees to be cut down, no

1999
01:03:53,740 --> 01:03:56,740
retaining walls to be built,

2000
01:03:56,770 --> 01:03:57,512
and it is mainly, uh, uh.

2001
01:03:57,512 --> 01:03:59,447
Protected bluff, so the

2002
01:03:59,447 --> 01:04:01,783
protective bluff is a huge

2003
01:04:01,783 --> 01:04:05,383
chunk of the property, and yet

2004
01:04:05,620 --> 01:04:08,390
still they were able to build a

2005
01:04:08,390 --> 01:04:11,390
house with reasonable size. Our

2006
01:04:12,227 --> 01:04:15,960
house is 3700 square feet. Um,

2007
01:04:15,960 --> 01:04:17,496
Uh, with, without requesting,

2008
01:04:19,568 --> 01:04:20,936
uh, a height variance. Instead,

2009
01:04:20,936 --> 01:04:23,936
with this property in this

2010
01:04:26,341 --> 01:04:27,876
particular Um, parcel.

2011
01:04:27,876 --> 01:04:29,811
Alterations have been

2012
01:04:29,811 --> 01:04:32,211
constantly requested for this.

2013
01:04:32,681 --> 01:04:34,349
So, first, they made it a

2014
01:04:34,349 --> 01:04:34,716
substandard lot, uh, because

2015
01:04:34,716 --> 01:04:36,716
otherwise they

2016
01:04:38,387 --> 01:04:40,787
d have to remove

2017
01:04:41,890 --> 01:04:43,192
11 lot from, from the mix, uh,

2018
01:04:43,192 --> 01:04:46,192
and that would not be

2019
01:04:47,463 --> 01:04:49,465
financially, um, Um, you know,

2020
01:04:49,465 --> 01:04:52,465
profitable, uh, so they got,

2021
01:04:53,702 --> 01:04:54,336
they got that variance approved,

2022
01:04:54,336 --> 01:04:56,572
um, understanding that there

2023
01:04:56,572 --> 01:04:59,174
are things that go along with

2024
01:04:59,174 --> 01:05:01,110
having a substandard lot, um,

2025
01:05:01,110 --> 01:05:03,912
that might not make it easy for

2026
01:05:03,912 --> 01:05:06,315
them to, uh, build on that. The

2027
01:05:06,315 --> 01:05:09,752
second thing was, uh, Bob Moser

2028
01:05:09,752 --> 01:05:11,487
asked, uh, the city for

2029
01:05:11,487 --> 01:05:13,756
permission to put in the

2030
01:05:13,756 --> 01:05:16,592
retaining wall, and he said, I

2031
01:05:16,592 --> 01:05:17,259
quote, so that we can

2032
01:05:17,259 --> 01:05:19,629
Established building pads and

2033
01:05:19,629 --> 01:05:22,665
end up with a reasonably sized

2034
01:05:22,665 --> 01:05:24,734
backyard. So the idea was to

2035
01:05:24,734 --> 01:05:26,680
have a very high retaining wall

2036
01:05:26,680 --> 01:05:30,600
and fill it in with fill, and

2037
01:05:30,600 --> 01:05:33,175
then there would be this nice,

2038
01:05:33,175 --> 01:05:34,677
uh, nice backyard for those 3.

2039
01:05:34,677 --> 01:05:37,130
Properties, uh, the, the height

2040
01:05:37,130 --> 01:05:38,481
of the wall was, did not get up

2041
01:05:38,481 --> 01:05:40,349
to that high amount, but they

2042
01:05:40,349 --> 01:05:41,750
still were allowed to have the

2043
01:05:41,750 --> 01:05:45,350
retaining wall, and at the same

2044
01:05:49,993 --> 01:05:52,862
time, They, um. Cut down all 29

2045
01:05:52,862 --> 01:05:56,462
trees on the lot between where

2046
01:05:56,733 --> 01:05:58,668
the retaining wall is and the,

2047
01:05:58,668 --> 01:06:00,136
the upper, uh, you know, and,

2048
01:06:00,136 --> 01:06:01,371
and the roadway, the, the

2049
01:06:01,371 --> 01:06:03,740
circle roadway. So all those

2050
01:06:03,740 --> 01:06:06,676
trees went away. So now, of

2051
01:06:06,676 --> 01:06:09,450
course, they have this strange,

2052
01:06:09,450 --> 01:06:12,450
um, you know, cross section,

2053
01:06:14,500 --> 01:06:17,200
and To, for, for no good reason

2054
01:06:17,200 --> 01:06:18,540
at all. They want to have this

2055
01:06:18,540 --> 01:06:19,523
really tall house, and they say,

2056
01:06:19,523 --> 01:06:22,225
well, on the front, it, it

2057
01:06:22,225 --> 01:06:24,294
would. You know, blend in with

2058
01:06:24,294 --> 01:06:26,229
the rest of the, of the, uh,

2059
01:06:26,229 --> 01:06:29,229
neighborhood, and, and that is

2060
01:06:31,100 --> 01:06:32,602
the case, um, but. On the On

2061
01:06:32,602 --> 01:06:36,202
the uh public water side, this

2062
01:06:39,743 --> 01:06:41,645
is like. The same Visual impact

2063
01:06:41,645 --> 01:06:42,679
as a four-story high home with

2064
01:06:42,679 --> 01:06:44,480
a flat roof. It

2065
01:06:44,480 --> 01:06:46,480
s massive, and

2066
01:06:46,116 --> 01:06:48,518
because they removed the trees.

2067
01:06:48,518 --> 01:06:49,519
Uh, there are only some trees

2068
01:06:49,519 --> 01:06:52,389
down by the water, which is,

2069
01:06:52,389 --> 01:06:54,391
you know, quite a bit down the

2070
01:06:54,391 --> 01:06:58,591
slope. And so, so much of that

2071
01:06:58,695 --> 01:07:00,630
house is going to be Visible to

2072
01:07:00,630 --> 01:07:01,532
people recreating on the public

2073
01:07:01,532 --> 01:07:01,966
lake, and it

2074
01:07:01,966 --> 01:07:04,366
s out of character

2075
01:07:05,402 --> 01:07:08,839
with. The rest of the homes on

2076
01:07:08,839 --> 01:07:10,774
the lake in that respect. And

2077
01:07:10,774 --> 01:07:12,910
all these things are caused by

2078
01:07:12,910 --> 01:07:13,110
the property owner. These

2079
01:07:13,110 --> 01:07:13,644
aren

2080
01:07:13,644 --> 01:07:15,644
t unusual circumstances

2081
01:07:16,460 --> 01:07:18,150
that, that, you know, uh, you

2082
01:07:18,150 --> 01:07:20,951
know, made the property owner a

2083
01:07:20,951 --> 01:07:23,351
victim, uh, of, of

2084
01:07:25,189 --> 01:07:25,689
circumstances, uh, and And so,

2085
01:07:25,689 --> 01:07:27,689
It it

2086
01:07:30,528 --> 01:07:33,798
s, it just, uh, Uh, I, I

2087
01:07:33,798 --> 01:07:35,766
believe that the, the property

2088
01:07:35,766 --> 01:07:38,402
owner should work within the

2089
01:07:38,402 --> 01:07:40,471
confines of the law, uh, and,

2090
01:07:40,471 --> 01:07:42,707
and build a house. On their

2091
01:07:42,707 --> 01:07:44,608
property, they, the, the

2092
01:07:44,608 --> 01:07:47,978
setbacks are large on this, the,

2093
01:07:47,978 --> 01:07:49,881
the front setbacks and the side

2094
01:07:49,881 --> 01:07:51,348
setbacks are much more than the

2095
01:07:51,348 --> 01:07:54,218
minimum, and so they could move

2096
01:07:54,218 --> 01:07:54,752
the house forward. And then

2097
01:07:54,752 --> 01:07:56,220
they won

2098
01:07:56,220 --> 01:07:58,556
t have to deal as much

2099
01:07:58,556 --> 01:07:59,991
with the slope in the back.

2100
01:07:59,991 --> 01:08:01,893
They can plant more trees to,

2101
01:08:01,893 --> 01:08:03,928
you know, deal with any erosion

2102
01:08:03,928 --> 01:08:05,830
issues that might be on this

2103
01:08:05,830 --> 01:08:08,900
slope that they, you know, so

2104
01:08:08,900 --> 01:08:09,267
badly, um, messed up, um, so I

2105
01:08:09,267 --> 01:08:11,267
think that it

2106
01:08:12,303 --> 01:08:12,704
s It, it doesn

2107
01:08:12,704 --> 01:08:14,704
t

2108
01:08:15,173 --> 01:08:16,708
meet all the criteria that is

2109
01:08:16,708 --> 01:08:19,708
required for to allow a

2110
01:08:20,780 --> 01:08:22,478
variance, um, You know,

2111
01:08:22,614 --> 01:08:25,140
especially that out of

2112
01:08:25,984 --> 01:08:27,419
character view that People will

2113
01:08:27,419 --> 01:08:30,355
see from the lakeside, and for

2114
01:08:30,355 --> 01:08:32,223
that reason, I, I I would ask

2115
01:08:32,223 --> 01:08:34,459
you to not allow this variance

2116
01:08:34,459 --> 01:08:37,950
and have the, have the builder

2117
01:08:37,950 --> 01:08:38,830
go back and Figure something

2118
01:08:38,830 --> 01:08:42,430
else out. Thank you, thank you,

2119
01:08:50,408 --> 01:08:53,278
MS. Freeman. Anybody else? Hi,

2120
01:08:53,278 --> 01:08:55,180
my name is uh Lee Erickson. I

2121
01:08:55,180 --> 01:08:57,148
live at uh 260 Wexford Heights

2122
01:08:57,148 --> 01:08:57,949
Drive in New Brighton, uh, soon

2123
01:08:57,949 --> 01:09:01,860
to be a homeowner in this

2124
01:09:01,860 --> 01:09:02,540
development. Uh, in fact, I

2125
01:09:02,540 --> 01:09:02,587
think that top picture MAY be

2126
01:09:02,587 --> 01:09:03,188
the home that

2127
01:09:03,188 --> 01:09:05,157
s being built for

2128
01:09:05,157 --> 01:09:08,157
me right now at 588 Harbor

2129
01:09:08,327 --> 01:09:08,527
Court. And so, um, I

2130
01:09:08,527 --> 01:09:10,228
m just

2131
01:09:10,228 --> 01:09:10,362
here to say that. You know,

2132
01:09:10,362 --> 01:09:11,730
I

2133
01:09:11,730 --> 01:09:14,433
ve seen the pictures of the

2134
01:09:14,433 --> 01:09:14,700
of the proposed house, and I

2135
01:09:14,700 --> 01:09:16,100
think it

2136
01:09:16,100 --> 01:09:17,269
s consistent with With

2137
01:09:17,269 --> 01:09:18,270
the character of the

2138
01:09:18,270 --> 01:09:18,837
neighborhood and I

2139
01:09:18,837 --> 01:09:20,606
d be pleased

2140
01:09:20,606 --> 01:09:21,340
to be, uh, have that house in

2141
01:09:21,340 --> 01:09:24,340
our neighborhood. So, thank you.

2142
01:09:34,219 --> 01:09:35,153
Thank you, MRS. Erickson. Good

2143
01:09:35,153 --> 01:09:36,689
evening everybody. My name is

2144
01:09:36,689 --> 01:09:37,690
Steve Walsh. I live currently

2145
01:09:37,690 --> 01:09:40,690
live at 18 Maycomb Lane in

2146
01:09:42,795 --> 01:09:44,263
North Oaks. Um, I am also, um.

2147
01:09:44,263 --> 01:09:46,132
The future homeowner of the

2148
01:09:46,132 --> 01:09:48,701
adjacent lot to the variance

2149
01:09:48,701 --> 01:09:50,403
requested, uh, Lot 7. Uh, that

2150
01:09:50,403 --> 01:09:52,803
address would be 555 Harbor

2151
01:09:53,172 --> 01:09:55,572
Court, uh. Originally a

2152
01:09:56,142 --> 01:09:58,100
Shoreview resident back in the

2153
01:09:58,100 --> 01:09:59,511
70s, my parents moved to South

2154
01:09:59,511 --> 01:09:59,745
Birch Lane and I bring him back

2155
01:09:59,745 --> 01:10:00,846
uh Dome

2156
01:10:00,846 --> 01:10:02,381
s Alley. That was a lot

2157
01:10:02,381 --> 01:10:03,849
of, uh, reminiscence for me

2158
01:10:03,849 --> 01:10:05,180
riding and running around that

2159
01:10:05,180 --> 01:10:08,180
alley, uh, in the neighborhood,

2160
01:10:08,855 --> 01:10:10,223
but, um, Ironically enough, uh,

2161
01:10:10,223 --> 01:10:13,823
also along with Herb Brooks, uh,

2162
01:10:14,127 --> 01:10:15,962
I endorsed. This community

2163
01:10:15,962 --> 01:10:17,130
center years ago, uh, as an

2164
01:10:17,130 --> 01:10:17,897
athlete that, uh, played

2165
01:10:17,897 --> 01:10:19,399
college football down at the

2166
01:10:19,399 --> 01:10:21,367
University of Miami. They, uh,

2167
01:10:21,367 --> 01:10:22,602
I would imagine it was your,

2168
01:10:22,602 --> 01:10:24,671
your commission that asked me

2169
01:10:24,671 --> 01:10:25,838
to endorse that, and uh

2170
01:10:25,838 --> 01:10:27,440
obviously a beautiful community

2171
01:10:27,440 --> 01:10:28,441
center that, uh, we have here

2172
01:10:28,441 --> 01:10:29,342
in Shoreview. Um, I

2173
01:10:29,342 --> 01:10:30,844
ll just say

2174
01:10:30,844 --> 01:10:31,844
this, um, you know, one of the

2175
01:10:31,844 --> 01:10:34,480
things that attracted me to the

2176
01:10:34,480 --> 01:10:36,416
community. Uh, as you look at,

2177
01:10:36,416 --> 01:10:38,918
uh, you know, Metro lake and,

2178
01:10:38,918 --> 01:10:40,753
and, you know, obviously, uh,

2179
01:10:40,753 --> 01:10:43,122
high demand for those types of

2180
01:10:43,122 --> 01:10:43,656
properties, um. You know,

2181
01:10:43,656 --> 01:10:44,257
typically you

2182
01:10:44,257 --> 01:10:45,325
d go into a

2183
01:10:45,325 --> 01:10:46,259
community and, and maybe tear

2184
01:10:46,259 --> 01:10:49,529
down a lot and build, build

2185
01:10:49,529 --> 01:10:50,864
something new. Uh, but this

2186
01:10:50,864 --> 01:10:53,264
community offered brand new

2187
01:10:54,901 --> 01:10:56,770
home sites, uh, beautiful, uh,

2188
01:10:56,770 --> 01:10:59,306
uh, you know, homes, uh,

2189
01:10:59,306 --> 01:11:02,306
obviously a very good builder.

2190
01:11:02,809 --> 01:11:04,344
And, uh, the steep roofs that

2191
01:11:04,344 --> 01:11:07,470
lead to the, the height of

2192
01:11:07,470 --> 01:11:08,515
these buildings, uh, certainly

2193
01:11:08,515 --> 01:11:09,516
aesthetically pleasing in

2194
01:11:09,516 --> 01:11:11,916
modern construction and, and

2195
01:11:12,486 --> 01:11:13,987
for, for me and my wife, um,

2196
01:11:13,987 --> 01:11:15,355
looking at a, a community of

2197
01:11:15,355 --> 01:11:15,889
homes like this, of custom

2198
01:11:15,889 --> 01:11:17,124
homes, uh, that

2199
01:11:17,124 --> 01:11:19,524
ll be along the

2200
01:11:20,961 --> 01:11:22,620
lake, uh, that design, uh, is

2201
01:11:22,620 --> 01:11:23,530
certainly something that we, uh,

2202
01:11:23,530 --> 01:11:23,699
wanted to be part of. So that

2203
01:11:23,699 --> 01:11:23,897
s

2204
01:11:23,897 --> 01:11:25,897
all I

2205
01:11:26,767 --> 01:11:27,434
ll say, and I, I would

2206
01:11:27,434 --> 01:11:29,336
certainly support the variants

2207
01:11:29,336 --> 01:11:31,438
as, as it was shown. On the

2208
01:11:31,438 --> 01:11:33,173
slide, uh, my home is, is

2209
01:11:33,173 --> 01:11:36,173
basically, uh, with a standard

2210
01:11:37,177 --> 01:11:37,711
lot, uh, at that 42 to 43 ft,

2211
01:11:37,711 --> 01:11:38,445
um, height, so I don

2212
01:11:38,445 --> 01:11:39,413
t want to

2213
01:11:39,413 --> 01:11:41,813
have a neighbor necessarily

2214
01:11:42,282 --> 01:11:42,850
with a, with an architectural

2215
01:11:42,850 --> 01:11:43,283
design that

2216
01:11:43,283 --> 01:11:44,451
s dramatically

2217
01:11:44,451 --> 01:11:45,319
different than mine, so thank

2218
01:11:45,319 --> 01:11:48,919
you for your time. Thank you,

2219
01:11:57,640 --> 01:11:58,899
MS. Walsh. My name is Doug

2220
01:11:58,899 --> 01:12:01,899
Jones. I reside at 550 Harbor

2221
01:12:03,437 --> 01:12:04,938
Court. And, uh, want my

2222
01:12:04,938 --> 01:12:06,874
contention is, is when I

2223
01:12:06,874 --> 01:12:07,775
decided to move in there was a

2224
01:12:07,775 --> 01:12:10,377
type of architecture that was

2225
01:12:10,377 --> 01:12:12,813
going to be built by Wooddale.

2226
01:12:12,813 --> 01:12:13,481
And I think the consistency of

2227
01:12:13,481 --> 01:12:16,651
the product in the homes that

2228
01:12:16,651 --> 01:12:19,651
are. Being built there should.

2229
01:12:20,354 --> 01:12:22,790
All in. And With that type of

2230
01:12:22,790 --> 01:12:24,192
architecture. All I really have

2231
01:12:24,192 --> 01:12:27,792
to say. Thanks. Thank you, MR.

2232
01:12:31,532 --> 01:12:32,200
Jones. Ok, well, uh, seeing

2233
01:12:32,200 --> 01:12:32,667
nobody else, let

2234
01:12:32,667 --> 01:12:34,667
s bring it

2235
01:12:36,704 --> 01:12:37,405
back to the commission.

2236
01:12:37,405 --> 01:12:39,405
Commissioner Salmonsson, yeah,

2237
01:12:40,408 --> 01:12:42,744
MR. Chair, I When I look at

2238
01:12:42,744 --> 01:12:44,712
this, uh, at least when I, I

2239
01:12:44,712 --> 01:12:45,213
just consider the lake view and

2240
01:12:45,213 --> 01:12:46,281
no one

2241
01:12:46,281 --> 01:12:47,181
s gonna see how narrow

2242
01:12:47,181 --> 01:12:47,515
the street is, and we

2243
01:12:47,515 --> 01:12:48,750
re

2244
01:12:48,750 --> 01:12:51,750
talking about 100 ft, but the

2245
01:12:51,853 --> 01:12:52,387
lot is. Essentially 25,000

2246
01:12:52,387 --> 01:12:53,288
square feet. It

2247
01:12:53,288 --> 01:12:53,821
s a half an

2248
01:12:53,821 --> 01:12:54,789
acre. It

2249
01:12:54,789 --> 01:12:56,658
s generous and the

2250
01:12:56,658 --> 01:13:00,258
width, the only time it really

2251
01:13:00,495 --> 01:13:02,430
the width comes into play is on

2252
01:13:02,430 --> 01:13:04,799
um the street side, otherwise

2253
01:13:04,799 --> 01:13:06,334
the width is ample, pretty much

2254
01:13:06,334 --> 01:13:07,302
more than exceeds a standard

2255
01:13:07,302 --> 01:13:10,380
lot. So from the, from the

2256
01:13:10,380 --> 01:13:11,206
lakeside. I do tend to agree

2257
01:13:11,206 --> 01:13:13,575
that the character of the

2258
01:13:13,575 --> 01:13:15,975
neighborhood, you could have.

2259
01:13:16,477 --> 01:13:17,946
Uh, uh, I think from the lake

2260
01:13:17,946 --> 01:13:19,114
and having the houses be

2261
01:13:19,114 --> 01:13:21,283
similar is is a reasonable

2262
01:13:21,283 --> 01:13:22,451
request, and I think the

2263
01:13:22,451 --> 01:13:23,685
uniqueness here is because of

2264
01:13:23,685 --> 01:13:25,620
that little piece of strip on

2265
01:13:25,620 --> 01:13:27,889
the front of the street and

2266
01:13:27,889 --> 01:13:29,324
seems to um. It

2267
01:13:29,324 --> 01:13:31,226
s hard to use

2268
01:13:31,226 --> 01:13:32,294
that as a reason to deny this

2269
01:13:32,294 --> 01:13:33,161
kind of request. I think it

2270
01:13:33,161 --> 01:13:35,161
s

2271
01:13:35,664 --> 01:13:37,466
more important to have, uh,

2272
01:13:37,466 --> 01:13:39,340
consistent houses, uh, from the

2273
01:13:39,340 --> 01:13:40,969
Lakeview next to each other,

2274
01:13:40,969 --> 01:13:41,236
and, and like I said, these

2275
01:13:41,236 --> 01:13:42,771
lots aren

2276
01:13:42,771 --> 01:13:45,140
t small and this is a

2277
01:13:45,140 --> 01:13:45,340
big lot, 25,000 square feet. So,

2278
01:13:45,340 --> 01:13:47,340
so I

2279
01:13:48,276 --> 01:13:49,578
d say that, uh. Basically,

2280
01:13:49,578 --> 01:13:51,480
I think this is a realistic

2281
01:13:51,480 --> 01:13:51,980
request. And it

2282
01:13:51,980 --> 01:13:52,163
s kind of a,

2283
01:13:52,163 --> 01:13:53,615
it

2284
01:13:53,615 --> 01:13:55,818
s one of those things with

2285
01:13:55,818 --> 01:13:57,286
math problems cause you have a

2286
01:13:57,286 --> 01:13:58,754
frontage that basically goes up

2287
01:13:58,754 --> 01:14:02,354
and cuts over and that little

2288
01:14:03,580 --> 01:14:04,293
100 ft makes it an uh. Meets

2289
01:14:04,293 --> 01:14:05,227
the definition of non-standard,

2290
01:14:05,227 --> 01:14:06,962
but yeah, when I look at this

2291
01:14:06,962 --> 01:14:09,331
lot, it sure looks standard to

2292
01:14:09,331 --> 01:14:12,167
me in terms of size and scope.

2293
01:14:12,167 --> 01:14:13,602
And when you put in that

2294
01:14:13,602 --> 01:14:15,171
definition of determining

2295
01:14:15,171 --> 01:14:16,710
height, half full roof height

2296
01:14:16,710 --> 01:14:17,540
versus half. It

2297
01:14:17,540 --> 01:14:17,706
s kind of a,

2298
01:14:17,706 --> 01:14:19,706
it

2299
01:14:19,942 --> 01:14:21,110
s definitely a disadvantage

2300
01:14:21,110 --> 01:14:24,380
and uh to apply that standard

2301
01:14:24,380 --> 01:14:27,490
to this lot. So I would be in

2302
01:14:27,490 --> 01:14:27,817
support of the variants.

2303
01:14:27,817 --> 01:14:29,817
Commissioner Anderson, thank

2304
01:14:30,886 --> 01:14:31,220
you, MR. Jerry. Yeah, so

2305
01:14:31,220 --> 01:14:31,620
apparently I

2306
01:14:31,620 --> 01:14:33,620
m conflicted with

2307
01:14:34,724 --> 01:14:36,726
everything tonight, but, um, so

2308
01:14:36,726 --> 01:14:39,610
I was a part of the process of

2309
01:14:39,610 --> 01:14:41,197
this original proposal as a

2310
01:14:41,197 --> 01:14:43,232
planning commission member, um,

2311
01:14:43,232 --> 01:14:43,499
and, and to, uh, Dennis

2312
01:14:43,499 --> 01:14:44,367
Friedman

2313
01:14:44,367 --> 01:14:45,334
s point, you know, it,

2314
01:14:45,334 --> 01:14:48,905
part of what bothers me a

2315
01:14:48,905 --> 01:14:50,600
little bit here is that uh

2316
01:14:50,600 --> 01:14:52,742
There was a request basically

2317
01:14:52,742 --> 01:14:53,742
to have an extra lot around

2318
01:14:53,742 --> 01:14:55,611
this loop and now because of

2319
01:14:55,611 --> 01:14:56,746
that, we have a substandard lot,

2320
01:14:56,746 --> 01:14:57,113
and because of that, we

2321
01:14:57,113 --> 01:14:58,810
ve got

2322
01:14:58,810 --> 01:14:59,982
kind of what

2323
01:14:59,982 --> 01:15:01,170
s before us here,

2324
01:15:01,170 --> 01:15:01,168
to Commissioner Somonson

2325
01:15:01,168 --> 01:15:02,485
s

2326
01:15:02,485 --> 01:15:03,286
point, yes, there

2327
01:15:03,286 --> 01:15:04,287
s very little

2328
01:15:04,287 --> 01:15:05,689
distinction between these lots,

2329
01:15:05,689 --> 01:15:07,190
uh, as far as just really at

2330
01:15:07,190 --> 01:15:08,291
the street there is the only,

2331
01:15:08,291 --> 01:15:09,192
the only difference, not far

2332
01:15:09,192 --> 01:15:09,342
back from the street, you

2333
01:15:09,342 --> 01:15:11,342
re

2334
01:15:11,494 --> 01:15:13,196
meeting that requirement. Uh,

2335
01:15:13,196 --> 01:15:14,831
if it were the, the house next

2336
01:15:14,831 --> 01:15:15,865
door, the house to the south,

2337
01:15:15,865 --> 01:15:16,366
from the lakeside, you

2338
01:15:16,366 --> 01:15:18,366
re gonna

2339
01:15:18,668 --> 01:15:20,203
have exactly the same view of

2340
01:15:20,203 --> 01:15:23,390
this house as you would have

2341
01:15:23,390 --> 01:15:23,573
the adjacent house, so. I think

2342
01:15:23,573 --> 01:15:25,141
what we

2343
01:15:25,141 --> 01:15:27,410
re seeing on paper, uh,

2344
01:15:27,410 --> 01:15:29,780
to me is, is a distinction, but

2345
01:15:29,780 --> 01:15:30,380
I think in actuality, um, there

2346
01:15:30,380 --> 01:15:32,716
is no distinction, but on the

2347
01:15:32,716 --> 01:15:33,850
flip side of the coin, this is

2348
01:15:33,850 --> 01:15:34,885
the cards that were dealt.

2349
01:15:34,885 --> 01:15:38,121
These are the cards that were

2350
01:15:38,121 --> 01:15:38,288
dealt and. To, uh, Chair John

2351
01:15:38,288 --> 01:15:40,288
s.

2352
01:15:42,959 --> 01:15:44,600
Question. There is a different

2353
01:15:44,600 --> 01:15:47,600
design that would work here.

2354
01:15:47,631 --> 01:15:49,990
Now, There is maybe some value

2355
01:15:49,990 --> 01:15:49,499
to the fact that there

2356
01:15:49,499 --> 01:15:50,434
s a

2357
01:15:50,434 --> 01:15:50,688
single builder and, you know,

2358
01:15:50,688 --> 01:15:51,868
they

2359
01:15:51,868 --> 01:15:52,936
re trying to achieve a

2360
01:15:52,936 --> 01:15:53,337
look in this neighborhood, um,

2361
01:15:53,337 --> 01:15:54,237
but I

2362
01:15:54,237 --> 01:15:55,539
m on the fence still. I

2363
01:15:55,539 --> 01:15:55,839
just, I honestly don

2364
01:15:55,839 --> 01:15:57,839
t know, uh.

2365
01:16:01,478 --> 01:16:03,878
Neither, um. Neither answer

2366
01:16:05,783 --> 01:16:07,584
seems. 100% good to me. Thank

2367
01:16:07,584 --> 01:16:07,818
you, Commissioner Cortes. Yeah,

2368
01:16:07,818 --> 01:16:09,818
I, I

2369
01:16:11,522 --> 01:16:12,623
m 100% with Commissioner

2370
01:16:12,623 --> 01:16:13,957
Anderson on the extreme

2371
01:16:13,957 --> 01:16:16,493
frustration I have on this one.

2372
01:16:16,493 --> 01:16:17,661
I mean, I voted no on this

2373
01:16:17,661 --> 01:16:18,829
development, specifically for

2374
01:16:18,829 --> 01:16:19,797
this reason. I said they were

2375
01:16:19,797 --> 01:16:20,164
gonna come back, they

2376
01:16:20,164 --> 01:16:21,765
re gonna

2377
01:16:21,765 --> 01:16:22,232
ask us for more variants

2378
01:16:22,232 --> 01:16:23,670
because they weren

2379
01:16:23,670 --> 01:16:25,670
t doing this

2380
01:16:25,202 --> 01:16:26,437
properly, they were squeezing

2381
01:16:26,437 --> 01:16:27,471
things in improperly to make

2382
01:16:27,471 --> 01:16:29,340
the most money as opposed to

2383
01:16:29,340 --> 01:16:30,407
doing what was right and within

2384
01:16:30,407 --> 01:16:30,774
our code, and now they

2385
01:16:30,774 --> 01:16:32,774
re back

2386
01:16:33,577 --> 01:16:35,546
here doing the same thing. And

2387
01:16:35,546 --> 01:16:37,381
I, you know, I hope maybe the

2388
01:16:37,381 --> 01:16:38,949
city council will, will think

2389
01:16:38,949 --> 01:16:40,684
about that when, when the

2390
01:16:40,684 --> 01:16:41,485
planning commission, you know,

2391
01:16:41,485 --> 01:16:43,454
has some thoughts about that

2392
01:16:43,454 --> 01:16:44,388
and then. They they don

2393
01:16:44,388 --> 01:16:45,289
t take

2394
01:16:45,289 --> 01:16:47,325
those into consideration. We we

2395
01:16:47,325 --> 01:16:48,559
have to deal with this again.

2396
01:16:48,559 --> 01:16:50,959
Taking this property, however,

2397
01:16:52,163 --> 01:16:54,131
individually, I think it does

2398
01:16:54,131 --> 01:16:55,566
technically meet the

2399
01:16:55,566 --> 01:16:57,966
requirements of the variants,

2400
01:16:58,469 --> 01:17:00,805
rules that we have here. And as

2401
01:17:00,805 --> 01:17:01,500
frustrated as I am with that

2402
01:17:01,500 --> 01:17:03,500
they

2403
01:17:03,741 --> 01:17:05,610
re back here, um, when we

2404
01:17:05,610 --> 01:17:05,777
said this would happen, uh, I

2405
01:17:05,777 --> 01:17:07,545
don

2406
01:17:07,545 --> 01:17:11,115
t think I can treat the

2407
01:17:11,115 --> 01:17:12,216
property or the property owner.

2408
01:17:12,216 --> 01:17:14,850
Differently because we already

2409
01:17:14,850 --> 01:17:15,920
approved it and said they could

2410
01:17:15,920 --> 01:17:17,155
do this, um, and, and if it

2411
01:17:17,155 --> 01:17:17,989
were any other development in

2412
01:17:17,989 --> 01:17:18,323
any other lot, I don

2413
01:17:18,323 --> 01:17:19,424
t know,

2414
01:17:19,424 --> 01:17:19,567
Commissioner Anderson, if he

2415
01:17:19,567 --> 01:17:21,567
d

2416
01:17:21,693 --> 01:17:24,161
be struggling as much as, uh, I,

2417
01:17:24,161 --> 01:17:25,597
I feel like I am with it

2418
01:17:25,597 --> 01:17:27,932
because of the background of

2419
01:17:27,932 --> 01:17:29,901
this development, so I, I will

2420
01:17:29,901 --> 01:17:30,680
probably be voting aye, but I

2421
01:17:30,680 --> 01:17:32,680
don

2422
01:17:35,673 --> 01:17:37,375
t feel good about it.

2423
01:17:37,375 --> 01:17:40,375
Anybody else have any comments,

2424
01:17:46,685 --> 01:17:46,836
questions, or concerns? We, ok,

2425
01:17:46,836 --> 01:17:48,836
I

2426
01:17:49,621 --> 01:17:50,689
d like to move to adopt

2427
01:17:50,689 --> 01:17:52,424
resolution 2667 granting a

2428
01:17:52,424 --> 01:17:53,240
variance to increase the

2429
01:17:53,240 --> 01:17:54,826
maximum permitted building

2430
01:17:54,826 --> 01:17:57,226
height on a substandard

2431
01:17:57,229 --> 01:18:00,229
repairing lot from 35 ft to 43

2432
01:18:00,565 --> 01:18:02,567
ft 10 inches for the property

2433
01:18:02,567 --> 01:18:04,403
located at 5559 Harbor Court,

2434
01:18:04,403 --> 01:18:06,138
subject to the six conditions

2435
01:18:06,138 --> 01:18:08,840
in the report and based on the

2436
01:18:08,840 --> 01:18:11,743
three findings of fact. Second,

2437
01:18:11,743 --> 01:18:12,544
it has been moved in seconds,

2438
01:18:12,544 --> 01:18:14,646
any further discussion on the

2439
01:18:14,646 --> 01:18:15,547
matter. I

2440
01:18:15,547 --> 01:18:17,149
ll just throw my 2

2441
01:18:17,149 --> 01:18:19,451
cents in there. This is more of

2442
01:18:19,451 --> 01:18:21,787
a design problem than a a

2443
01:18:21,787 --> 01:18:22,488
variance issue, so I would

2444
01:18:22,488 --> 01:18:24,888
agree with what Commissioner

2445
01:18:25,791 --> 01:18:28,127
Cortis. And Commissioner, um,

2446
01:18:28,127 --> 01:18:29,128
Anderson had brought up, so.

2447
01:18:29,128 --> 01:18:31,930
Just wanted to point that out

2448
01:18:31,930 --> 01:18:34,433
before we take the vote. All

2449
01:18:34,433 --> 01:18:36,301
those in favor indicate by

2450
01:18:36,301 --> 01:18:39,901
saying aye. I oppose same sign.

2451
01:18:46,278 --> 01:18:49,878
i. Motion passes 6 to 1. Ok, so

2452
01:18:50,616 --> 01:18:51,684
we move to item 7c. This is a

2453
01:18:51,684 --> 01:18:53,352
variance request by Robert

2454
01:18:53,352 --> 01:18:55,752
Fried. The location is 804

2455
01:18:55,988 --> 01:18:57,590
County Road, I West. Associate

2456
01:18:57,590 --> 01:19:00,590
planner Will Harris, you have

2457
01:19:04,997 --> 01:19:07,397
the presentation. Thank you,

2458
01:19:08,668 --> 01:19:10,269
chair. Ah, one item of note

2459
01:19:10,269 --> 01:19:12,572
related to my previous

2460
01:19:12,572 --> 01:19:14,572
presentation, uh, for 675

2461
01:19:14,907 --> 01:19:16,475
Sunset, um, that item is

2462
01:19:16,475 --> 01:19:17,877
subject to a five-day appeal

2463
01:19:17,877 --> 01:19:20,880
period that was not stated. So

2464
01:19:20,880 --> 01:19:22,181
I just wanted to clarify, um,

2465
01:19:22,181 --> 01:19:23,149
if there is anybody out there

2466
01:19:23,149 --> 01:19:23,349
who wished to, there

2467
01:19:23,349 --> 01:19:25,349
s that

2468
01:19:27,453 --> 01:19:30,323
option. And with that, uh, we

2469
01:19:30,323 --> 01:19:31,290
will get into the variance

2470
01:19:31,290 --> 01:19:33,226
requests, variances requested

2471
01:19:33,226 --> 01:19:34,727
in the residential design

2472
01:19:34,727 --> 01:19:37,127
review for 804 County Road,

2473
01:19:40,833 --> 01:19:42,635
West. Orienting ourselves, uh,

2474
01:19:42,635 --> 01:19:43,537
this property is located along

2475
01:19:43,537 --> 01:19:46,537
the northern side of Turtle

2476
01:19:49,375 --> 01:19:52,375
Lake. Um. Access is provided

2477
01:19:56,816 --> 01:19:58,752
off of County Road I. Uh, the

2478
01:19:58,752 --> 01:20:00,387
property is a located within

2479
01:20:00,387 --> 01:20:02,622
the r1 detached residential

2480
01:20:02,622 --> 01:20:04,491
zoning district. Uh, it is a

2481
01:20:04,491 --> 01:20:05,525
substandard repairian lot for

2482
01:20:05,525 --> 01:20:07,270
lot width. According to the

2483
01:20:07,270 --> 01:20:10,627
most recent survey that we have

2484
01:20:12,699 --> 01:20:14,201
of the property, uh, the lot is

2485
01:20:14,201 --> 01:20:17,370
9,896 square feet with a width

2486
01:20:17,370 --> 01:20:19,940
of 75 ft along County Rhode I

2487
01:20:19,940 --> 01:20:22,342
and depths of 119 ft on the

2488
01:20:22,342 --> 01:20:23,677
western side and 129 ft along

2489
01:20:23,677 --> 01:20:25,412
the eastern side, there is an

2490
01:20:25,412 --> 01:20:26,513
existing single family home.

2491
01:20:26,513 --> 01:20:28,913
That was originally developed

2492
01:20:31,251 --> 01:20:33,530
on the site in 1972. Uh,

2493
01:20:33,530 --> 01:20:34,988
however, that property went

2494
01:20:34,988 --> 01:20:37,570
through a residential design

2495
01:20:37,570 --> 01:20:38,826
review in 2003 that included

2496
01:20:38,826 --> 01:20:41,228
the approval of the following

2497
01:20:41,228 --> 01:20:43,628
items. An additional 300 square

2498
01:20:44,310 --> 01:20:44,665
feet of living area that was

2499
01:20:44,665 --> 01:20:47,650
constructed above the garage

2500
01:20:51,772 --> 01:20:53,140
space. Located here. Uh, a

2501
01:20:53,140 --> 01:20:55,140
maximum allowed impervious

2502
01:20:56,177 --> 01:20:58,545
surface coverage of 35.6%, with

2503
01:20:58,545 --> 01:21:01,315
the conditions of a signed

2504
01:21:01,315 --> 01:21:01,949
mitigation affidavit and no

2505
01:21:01,949 --> 01:21:03,949
lakeside accessory structures

2506
01:21:06,120 --> 01:21:07,688
constructed, uh, and a lakeside

2507
01:21:07,688 --> 01:21:10,124
setback of the existing deck

2508
01:21:10,124 --> 01:21:13,724
not to be changed, which was

2509
01:21:15,462 --> 01:21:17,431
19.5 ft. A little bit of

2510
01:21:17,431 --> 01:21:20,301
property history for you. Uh,

2511
01:21:20,301 --> 01:21:22,701
with that residential design

2512
01:21:22,737 --> 01:21:25,539
review in 2003, uh, as stated,

2513
01:21:25,539 --> 01:21:27,575
there was an attached deck that

2514
01:21:27,575 --> 01:21:30,478
was included within the survey

2515
01:21:30,478 --> 01:21:33,314
and the building plans for that

2516
01:21:33,314 --> 01:21:34,182
rdr that showed uh 19.5 ft

2517
01:21:34,182 --> 01:21:37,182
setback from the ordinary high

2518
01:21:37,819 --> 01:21:39,520
water line. Uh, that was

2519
01:21:39,520 --> 01:21:40,254
approved because the, um, that

2520
01:21:40,254 --> 01:21:40,588
was the existing conditions and

2521
01:21:40,588 --> 01:21:42,190
there weren

2522
01:21:42,190 --> 01:21:44,225
t going to be any

2523
01:21:44,225 --> 01:21:46,625
alterations to that existing

2524
01:21:48,863 --> 01:21:51,863
setback, uh, after that was

2525
01:21:53,201 --> 01:21:54,635
approved, um, the homeowners at

2526
01:21:54,635 --> 01:21:56,838
that time had actually

2527
01:21:56,838 --> 01:21:58,774
constructed a different deck.

2528
01:21:58,774 --> 01:22:00,809
Um, that according to the most

2529
01:22:00,809 --> 01:22:03,645
recent survey that we have

2530
01:22:03,645 --> 01:22:05,480
currently 6 sits at 17.9 ft

2531
01:22:05,480 --> 01:22:07,382
from the ordinary high water

2532
01:22:07,382 --> 01:22:10,382
line, thus encroaching a little

2533
01:22:12,354 --> 01:22:14,689
bit further into that setback.

2534
01:22:14,689 --> 01:22:16,591
Later on in 2022, uh, a

2535
01:22:16,591 --> 01:22:18,991
different homeowner of the

2536
01:22:21,429 --> 01:22:22,864
property, uh, constructed, um,

2537
01:22:22,864 --> 01:22:25,864
a few different alterations to

2538
01:22:26,234 --> 01:22:26,768
the property, including an

2539
01:22:26,768 --> 01:22:27,569
illegal water-oriented

2540
01:22:27,569 --> 01:22:29,969
accessory structure, which is

2541
01:22:30,939 --> 01:22:35,139
going to be the patio scene on

2542
01:22:37,279 --> 01:22:40,582
the left image. Here? As well

2543
01:22:40,582 --> 01:22:42,584
as a gravel parking pad

2544
01:22:42,584 --> 01:22:43,151
addition located on the

2545
01:22:43,151 --> 01:22:45,551
northeastern side of the

2546
01:22:49,224 --> 01:22:51,593
driveway. Here. That brings us

2547
01:22:51,593 --> 01:22:53,128
to today where the current

2548
01:22:53,128 --> 01:22:55,964
owners and the applicants today

2549
01:22:55,964 --> 01:22:58,364
purchased the property in

2550
01:22:59,268 --> 01:23:01,670
SEPTEMBER of 2025. Uh, they had

2551
01:23:01,670 --> 01:23:02,270
installed an additional

2552
01:23:02,270 --> 01:23:03,105
unpermitted water-oriented

2553
01:23:03,105 --> 01:23:05,505
accessory structure, uh, which

2554
01:23:06,508 --> 01:23:08,377
is going to be shown as the

2555
01:23:08,377 --> 01:23:09,345
blue square giving just a

2556
01:23:09,345 --> 01:23:12,345
general location of where that

2557
01:23:13,716 --> 01:23:14,450
is since it was not um included

2558
01:23:14,450 --> 01:23:16,850
in that 2022 screenshot shown

2559
01:23:18,187 --> 01:23:20,890
on the screen. Um, that was

2560
01:23:20,890 --> 01:23:22,489
installed between the purchase

2561
01:23:23,726 --> 01:23:27,290
of the home in SEPTEMBER and

2562
01:23:27,290 --> 01:23:28,864
the spring of 2026. Uh, it is

2563
01:23:28,864 --> 01:23:29,798
important to note that the

2564
01:23:29,798 --> 01:23:31,670
existing home currently does

2565
01:23:31,670 --> 01:23:31,700
operate as a licensed

2566
01:23:31,700 --> 01:23:34,100
short-term rental within the

2567
01:23:38,607 --> 01:23:40,543
city. So The As as you can see

2568
01:23:40,543 --> 01:23:42,879
on the screen, uh, there are 2

2569
01:23:42,879 --> 01:23:44,280
images. One is going to be the

2570
01:23:44,280 --> 01:23:47,250
most recent aerial image that

2571
01:23:47,250 --> 01:23:49,850
was taken of the property on

2572
01:23:49,850 --> 01:23:51,200
the right-hand side as well as

2573
01:23:51,200 --> 01:23:52,588
the most recent survey that we

2574
01:23:52,588 --> 01:23:55,925
have of the property located on

2575
01:23:55,925 --> 01:23:58,925
the left-hand side. As it

2576
01:24:00,730 --> 01:24:03,130
currently sits, there are 6

2577
01:24:03,600 --> 01:24:05,340
violations of city code with

2578
01:24:05,340 --> 01:24:07,434
regards to the existing

2579
01:24:09,380 --> 01:24:12,380
property and the deck. The

2580
01:24:12,842 --> 01:24:13,510
first of which is the amount of

2581
01:24:13,510 --> 01:24:15,510
water-oriented accessory

2582
01:24:15,745 --> 01:24:17,745
structures. Currently, there

2583
01:24:19,582 --> 01:24:21,985
are 2 with the hot tub and the

2584
01:24:21,985 --> 01:24:23,520
patio, both located between the

2585
01:24:23,520 --> 01:24:26,520
ordinary high water level and

2586
01:24:26,656 --> 01:24:29,560
the required structure setback.

2587
01:24:30,493 --> 01:24:32,696
The second is the maximum area

2588
01:24:32,696 --> 01:24:35,960
of a water-oriented accessory

2589
01:24:36,166 --> 01:24:38,566
structure at 250 square feet.

2590
01:24:40,103 --> 01:24:42,139
The current patio is 35314

2591
01:24:42,139 --> 01:24:43,440
square feet, and the existing

2592
01:24:43,440 --> 01:24:43,807
hot tub, I don

2593
01:24:43,807 --> 01:24:45,709
t have it on

2594
01:24:45,709 --> 01:24:49,309
screen, but I believe it is 62

2595
01:24:53,490 --> 01:24:54,985
square feet. The 3rd Is the

2596
01:24:54,985 --> 01:24:55,518
side yard setback for a

2597
01:24:55,518 --> 01:24:57,518
water-oriented accessory

2598
01:24:59,289 --> 01:25:01,689
structure. The current patio

2599
01:25:02,693 --> 01:25:03,460
sits at 10 ft from the eastern

2600
01:25:03,460 --> 01:25:06,363
side of the eastern property

2601
01:25:06,363 --> 01:25:09,363
line. The required setback is

2602
01:25:11,935 --> 01:25:14,935
20 ft for that structure. The

2603
01:25:15,272 --> 01:25:16,740
4th is that any water-oriented

2604
01:25:16,740 --> 01:25:18,575
accessory structure MAY not be

2605
01:25:18,575 --> 01:25:21,575
located within the shore impact

2606
01:25:22,946 --> 01:25:23,981
zone. That Distance is 25 ft

2607
01:25:23,981 --> 01:25:26,981
from the ordinary high water

2608
01:25:27,384 --> 01:25:29,353
line. The current patio is

2609
01:25:29,353 --> 01:25:30,921
located 10 ft and 9 inches from

2610
01:25:30,921 --> 01:25:32,790
the ordinary high water line.

2611
01:25:32,790 --> 01:25:35,125
It is important to note that

2612
01:25:35,125 --> 01:25:36,627
code does permit that this

2613
01:25:36,627 --> 01:25:38,395
setback can be waived by the

2614
01:25:38,395 --> 01:25:40,795
planning commission, but not

2615
01:25:41,565 --> 01:25:43,568
reduced to Less than 10 ft from

2616
01:25:43,568 --> 01:25:45,336
the ordinary high water line.

2617
01:25:45,336 --> 01:25:47,371
Um, if the planning commission

2618
01:25:47,371 --> 01:25:49,874
determines that there is a

2619
01:25:49,874 --> 01:25:50,708
practical difficulty that would

2620
01:25:50,708 --> 01:25:53,108
prohibit strict compliance with

2621
01:25:54,845 --> 01:25:56,180
this code provision. The code

2622
01:25:56,180 --> 01:25:58,182
specifically calls out that

2623
01:25:58,182 --> 01:26:00,582
this usage of practical

2624
01:26:01,285 --> 01:26:02,420
difficulty is due to topography

2625
01:26:02,420 --> 01:26:04,922
or other circumstances that are

2626
01:26:04,922 --> 01:26:08,522
acceptable to the city. The 5th

2627
01:26:10,127 --> 01:26:10,795
item Is the total maximum

2628
01:26:10,795 --> 01:26:13,195
impervious surface coverage on

2629
01:26:16,434 --> 01:26:20,605
the site. As it sits today, uh,

2630
01:26:20,605 --> 01:26:23,500
it is hovering around 41.5%

2631
01:26:23,700 --> 01:26:25,700
impervious surface coverage,

2632
01:26:25,310 --> 01:26:27,710
even though the residential

2633
01:26:27,779 --> 01:26:30,179
design review from 2023 had

2634
01:26:32,750 --> 01:26:35,150
approved the property at 35.6%.

2635
01:26:35,820 --> 01:26:37,622
That criteria has been altered.

2636
01:26:37,622 --> 01:26:38,156
With the introduction of a

2637
01:26:38,156 --> 01:26:40,156
water-oriented accessory

2638
01:26:40,959 --> 01:26:43,261
structure. With that introduced

2639
01:26:43,261 --> 01:26:44,863
to the property, the total

2640
01:26:44,863 --> 01:26:47,263
impervious surface coverage is

2641
01:26:47,599 --> 01:26:49,999
then restricted to 25%. And

2642
01:26:52,737 --> 01:26:56,337
lastly, Uh, the deck edition or.

2643
01:26:57,209 --> 01:26:59,609
Newly constructed deck further

2644
01:27:03,448 --> 01:27:05,383
encroachment. Um. Is a

2645
01:27:05,383 --> 01:27:06,918
violation of the structure

2646
01:27:06,918 --> 01:27:09,918
setback from the ordinary high

2647
01:27:10,188 --> 01:27:12,691
water line, um, code requires

2648
01:27:12,691 --> 01:27:15,193
that this is standard 50 ft.

2649
01:27:15,193 --> 01:27:18,193
However, because it was a

2650
01:27:18,463 --> 01:27:20,320
nonconformity, um, It was

2651
01:27:20,320 --> 01:27:21,867
subject to that 19.5 ft that

2652
01:27:21,867 --> 01:27:22,901
was approved as a part of that

2653
01:27:22,901 --> 01:27:25,301
residential design review from

2654
01:27:29,107 --> 01:27:32,978
2003. Uh, as you can see on the

2655
01:27:32,978 --> 01:27:33,946
screen, um, this is going to be

2656
01:27:33,946 --> 01:27:35,946
reiterating the existing

2657
01:27:36,281 --> 01:27:38,751
conditions of the property as

2658
01:27:38,751 --> 01:27:41,653
long or along with the

2659
01:27:41,653 --> 01:27:43,522
proposals from the applicant,

2660
01:27:43,522 --> 01:27:45,991
um, to bring the property into

2661
01:27:45,991 --> 01:27:47,860
compliance with city code,

2662
01:27:47,860 --> 01:27:49,161
whether that be alterations or

2663
01:27:49,161 --> 01:27:52,161
through the variances that are

2664
01:27:52,598 --> 01:27:55,598
presented to you tonight. To

2665
01:27:56,335 --> 01:27:57,937
reduce, uh, to correct the, the

2666
01:27:57,937 --> 01:27:59,205
first violation, the applicants

2667
01:27:59,205 --> 01:28:01,640
are proposing to remove the

2668
01:28:01,640 --> 01:28:03,420
existing hot tub, thus reducing

2669
01:28:03,420 --> 01:28:03,843
the amount of water-oriented

2670
01:28:03,843 --> 01:28:06,243
accessory structures to a

2671
01:28:07,480 --> 01:28:09,616
number permitted by code.

2672
01:28:09,616 --> 01:28:10,416
Secondly, uh, they

2673
01:28:10,416 --> 01:28:12,285
re proposing

2674
01:28:12,285 --> 01:28:14,220
to reduce the total square

2675
01:28:14,220 --> 01:28:16,620
footage of the accessory

2676
01:28:16,722 --> 01:28:20,322
structures, uh, to a total of

2677
01:28:20,493 --> 01:28:22,395
200 square feet, um, thus, by

2678
01:28:22,395 --> 01:28:23,629
reducing the total patio size

2679
01:28:23,629 --> 01:28:27,829
and also getting rid of the hot

2680
01:28:28,601 --> 01:28:29,602
tub square footage. The final 4

2681
01:28:29,602 --> 01:28:32,200
items the applicants are

2682
01:28:32,872 --> 01:28:34,207
requesting variances for. Uh,

2683
01:28:34,207 --> 01:28:35,708
the applicant is requesting a

2684
01:28:35,708 --> 01:28:38,708
variance to the side yard

2685
01:28:38,845 --> 01:28:40,747
setback on the eastern side. To

2686
01:28:40,747 --> 01:28:41,748
maintain the current 10 ft

2687
01:28:41,748 --> 01:28:44,748
setback that the patio is

2688
01:28:45,718 --> 01:28:48,118
currently sitting at. The

2689
01:28:48,254 --> 01:28:51,254
second variance requested is to

2690
01:28:53,359 --> 01:28:54,794
maintain, uh, the patio at 17.6

2691
01:28:54,794 --> 01:28:56,729
ft from the ordinary high water

2692
01:28:56,729 --> 01:28:59,729
line, they would be reducing

2693
01:29:00,166 --> 01:29:02,135
the size of the patio in the

2694
01:29:02,135 --> 01:29:03,937
area that is between the lake

2695
01:29:03,937 --> 01:29:08,137
and the home to try to mitigate

2696
01:29:10,143 --> 01:29:11,611
that. Thirdly, is a variance

2697
01:29:11,611 --> 01:29:12,278
request for the maximum

2698
01:29:12,278 --> 01:29:14,678
impervious surface coverage of

2699
01:29:15,150 --> 01:29:17,951
the home. As stated earlier,

2700
01:29:17,951 --> 01:29:20,820
they are now subject to the 25%

2701
01:29:20,820 --> 01:29:21,655
with the introduction of the

2702
01:29:21,655 --> 01:29:23,655
water-oriented accessory

2703
01:29:24,591 --> 01:29:26,991
structure, uh, the applicants

2704
01:29:27,561 --> 01:29:28,762
are proposing a 35.6%

2705
01:29:28,762 --> 01:29:30,762
impervious surface coverage,

2706
01:29:31,898 --> 01:29:33,367
which, as Important to note is

2707
01:29:33,367 --> 01:29:36,270
the amount that was approved as

2708
01:29:36,270 --> 01:29:38,171
a part of that residential

2709
01:29:38,171 --> 01:29:40,107
design review in 2003, but

2710
01:29:40,107 --> 01:29:41,875
would require an additional

2711
01:29:41,875 --> 01:29:42,409
variance today, because of that

2712
01:29:42,409 --> 01:29:44,409
wire-oriented accessory

2713
01:29:46,246 --> 01:29:47,147
structure. And lastly, uh,

2714
01:29:47,147 --> 01:29:48,982
their they

2715
01:29:48,982 --> 01:29:50,982
re requesting a

2716
01:29:52,190 --> 01:29:52,820
variance to um the 50 ft uh

2717
01:29:52,820 --> 01:29:54,321
setback from uh the ordinary

2718
01:29:54,321 --> 01:29:57,321
high water line for the

2719
01:29:58,920 --> 01:29:59,493
structure, uh, to maintain that

2720
01:29:59,493 --> 01:30:01,893
17.9 ft setback for the

2721
01:30:04,298 --> 01:30:06,667
existing deck on the site. So

2722
01:30:06,667 --> 01:30:09,670
this is just another

2723
01:30:09,536 --> 01:30:11,936
visualization, um, of the

2724
01:30:12,439 --> 01:30:14,839
proposed variances this evening,

2725
01:30:14,842 --> 01:30:16,710
along with a survey that was

2726
01:30:16,710 --> 01:30:18,712
sent to staff with uh some

2727
01:30:18,712 --> 01:30:19,146
visuals as to how they

2728
01:30:19,146 --> 01:30:19,814
re

2729
01:30:19,814 --> 01:30:21,782
reducing the impervious surface

2730
01:30:21,782 --> 01:30:24,552
coverage. As you can see on the

2731
01:30:24,552 --> 01:30:24,752
northern side of the property,

2732
01:30:24,752 --> 01:30:26,752
they

2733
01:30:26,988 --> 01:30:27,655
re planning on removing,

2734
01:30:27,655 --> 01:30:30,550
uh, that illegally installed,

2735
01:30:32,860 --> 01:30:33,600
um, Gravel portion along here.

2736
01:30:33,600 --> 01:30:34,228
They

2737
01:30:34,228 --> 01:30:36,628
re also proposing to

2738
01:30:36,665 --> 01:30:37,765
remove a small portion of a

2739
01:30:37,765 --> 01:30:40,101
turnaround area that was

2740
01:30:40,101 --> 01:30:40,902
permitted, uh, just to reduce

2741
01:30:40,902 --> 01:30:42,902
some additional impervious

2742
01:30:44,205 --> 01:30:46,507
surface coverage on the site.

2743
01:30:46,507 --> 01:30:49,844
The items that are circled. Are

2744
01:30:49,844 --> 01:30:50,411
going to be the ones that the

2745
01:30:50,411 --> 01:30:52,411
applicant is requesting

2746
01:30:53,948 --> 01:30:57,548
variances for And I think the

2747
01:30:57,785 --> 01:31:00,288
the one to note would be the

2748
01:31:00,288 --> 01:31:02,423
removal of some of that patio

2749
01:31:02,423 --> 01:31:06,327
area to one, get it down to

2750
01:31:06,327 --> 01:31:09,327
that 200 square foot mark. But

2751
01:31:10,632 --> 01:31:12,000
also visualizing, um, the

2752
01:31:12,000 --> 01:31:14,200
reduction of the setback from

2753
01:31:14,200 --> 01:31:17,602
the ordinary high water line or

2754
01:31:19,841 --> 01:31:20,180
um That, um, Oh, now I

2755
01:31:20,180 --> 01:31:21,843
m

2756
01:31:21,843 --> 01:31:25,443
forgetting the name of it, but

2757
01:31:29,451 --> 01:31:31,786
yes. Again, uh, because this is

2758
01:31:31,786 --> 01:31:32,587
a substandard lot. It does

2759
01:31:32,587 --> 01:31:34,587
require residential design

2760
01:31:37,526 --> 01:31:40,526
review. Um, The 4 columns that

2761
01:31:40,962 --> 01:31:43,532
are shown on screen are going

2762
01:31:43,532 --> 01:31:46,532
to include uh the allowed

2763
01:31:48,503 --> 01:31:50,405
amounts by code. The permitted

2764
01:31:50,405 --> 01:31:51,773
amounts that were approved as a

2765
01:31:51,773 --> 01:31:54,173
part of that 2003 residential

2766
01:31:54,710 --> 01:31:57,110
design review. The current

2767
01:31:57,679 --> 01:31:59,148
conditions of the property. And

2768
01:31:59,148 --> 01:32:01,490
what is being proposed for you

2769
01:32:01,490 --> 01:32:04,219
this evening. And as you can

2770
01:32:04,219 --> 01:32:07,219
see, the 4 variances. Are bold

2771
01:32:09,324 --> 01:32:12,561
on the right hand side. As you

2772
01:32:12,561 --> 01:32:15,561
are familiar, uh, the variance

2773
01:32:15,831 --> 01:32:19,268
criteria are subject to uh the

2774
01:32:19,268 --> 01:32:21,704
3 items shown on screen. Um,

2775
01:32:21,704 --> 01:32:22,938
the reasonable manner, the uh

2776
01:32:22,938 --> 01:32:25,938
property owner is proposing to

2777
01:32:26,750 --> 01:32:28,344
use, or the Um, the applicant

2778
01:32:28,344 --> 01:32:29,878
is proposing something that is

2779
01:32:29,878 --> 01:32:31,414
reasonable within the, the

2780
01:32:31,414 --> 01:32:32,348
property. Uh, there

2781
01:32:32,348 --> 01:32:34,830
s a unique

2782
01:32:34,830 --> 01:32:35,551
circumstance that is unique to

2783
01:32:35,551 --> 01:32:36,850
the property owner and or the

2784
01:32:36,850 --> 01:32:37,520
property and it

2785
01:32:37,520 --> 01:32:38,487
s not created

2786
01:32:38,487 --> 01:32:41,724
by the property owner, uh, or a

2787
01:32:41,724 --> 01:32:43,225
previous one. And lastly, the

2788
01:32:43,225 --> 01:32:45,610
character of the neighborhood,

2789
01:32:45,610 --> 01:32:46,162
uh, that the, uh, proposed work

2790
01:32:46,162 --> 01:32:49,162
would not alter the essential

2791
01:32:53,669 --> 01:32:55,505
character. So For For For For

2792
01:32:55,505 --> 01:32:57,540
the For For the 3 variances

2793
01:32:57,540 --> 01:32:58,808
requested regarding the patio

2794
01:32:58,808 --> 01:33:00,743
and its location. Uh, staff

2795
01:33:00,743 --> 01:33:02,778
believes that a practical

2796
01:33:02,778 --> 01:33:05,778
difficulty is not present for

2797
01:33:06,616 --> 01:33:07,984
these three items, uh, due to,

2798
01:33:07,984 --> 01:33:10,984
uh, the unique circumstance not

2799
01:33:11,821 --> 01:33:13,990
being met. While the patio is a

2800
01:33:13,990 --> 01:33:16,390
reasonable request, uh, both

2801
01:33:17,930 --> 01:33:18,595
within the r1 zoning district,

2802
01:33:18,595 --> 01:33:22,795
as well as uh for a riparian

2803
01:33:22,899 --> 01:33:24,734
lot long term. Turtle Lake. Um,

2804
01:33:24,734 --> 01:33:26,169
and staff believes that this

2805
01:33:26,169 --> 01:33:27,737
application would not alter the

2806
01:33:27,737 --> 01:33:30,400
essential character of the

2807
01:33:30,400 --> 01:33:31,641
neighborhood, um, given that,

2808
01:33:31,641 --> 01:33:33,877
again, many other properties

2809
01:33:33,877 --> 01:33:36,146
along Turtle Lake have lakeside

2810
01:33:36,146 --> 01:33:39,746
patios, um, some of which are,

2811
01:33:41,685 --> 01:33:44,870
uh, Kind of. Close, closer than

2812
01:33:44,870 --> 01:33:45,522
standard ones, um, but the

2813
01:33:45,522 --> 01:33:46,556
unique circumstance, staff

2814
01:33:46,556 --> 01:33:48,458
believes just isn

2815
01:33:48,458 --> 01:33:50,458
t present. Um,

2816
01:33:52,262 --> 01:33:53,263
one, due to the total amount of

2817
01:33:53,263 --> 01:33:55,320
impervious surface coverage

2818
01:33:55,320 --> 01:33:58,632
that is being requested by the

2819
01:33:59,302 --> 01:34:01,702
applicants, um, The, the

2820
01:34:02,172 --> 01:34:03,640
deviation is for an additional

2821
01:34:03,640 --> 01:34:05,640
10.6% of impervious surface

2822
01:34:06,343 --> 01:34:09,880
coverage on the site, uh, which

2823
01:34:09,880 --> 01:34:10,981
is a, a fairly substantial

2824
01:34:10,981 --> 01:34:13,350
amount given the um the

2825
01:34:13,350 --> 01:34:16,620
location of where a lot of that

2826
01:34:16,620 --> 01:34:19,230
is, um, the staff received

2827
01:34:19,230 --> 01:34:20,458
comments from our engineering

2828
01:34:20,458 --> 01:34:22,858
department about uh the

2829
01:34:22,860 --> 01:34:24,228
importance of the impervious

2830
01:34:24,228 --> 01:34:25,496
surface coverage requirements

2831
01:34:25,496 --> 01:34:27,498
and code, um, typically because

2832
01:34:27,498 --> 01:34:29,299
they don

2833
01:34:29,299 --> 01:34:30,768
t want that water

2834
01:34:30,768 --> 01:34:33,168
draining towards water sources,

2835
01:34:33,203 --> 01:34:34,771
um, and given that a lot of

2836
01:34:34,771 --> 01:34:37,700
that improved or additional

2837
01:34:37,700 --> 01:34:38,642
impervious is going to be

2838
01:34:38,642 --> 01:34:38,809
lakeside, um, it

2839
01:34:38,809 --> 01:34:39,409
s, it

2840
01:34:39,409 --> 01:34:41,345
s going

2841
01:34:41,345 --> 01:34:44,448
to be a substantial impact on

2842
01:34:44,448 --> 01:34:46,817
the body of water, Turtle Lake.

2843
01:34:46,817 --> 01:34:48,786
Um, secondly, uh, the site does

2844
01:34:48,786 --> 01:34:50,755
allow for the homeowners to

2845
01:34:50,755 --> 01:34:52,623
reduce and or alter the patio

2846
01:34:52,623 --> 01:34:54,725
to conform to that side yard

2847
01:34:54,725 --> 01:34:57,725
setback, it would reduce the

2848
01:34:57,895 --> 01:34:59,797
patio to a little bit less than

2849
01:34:59,797 --> 01:35:01,265
150 square feet, uh, but it

2850
01:35:01,265 --> 01:35:02,867
would be an additional variance

2851
01:35:02,867 --> 01:35:04,869
that would not be in front of

2852
01:35:04,869 --> 01:35:07,738
you tonight, if that were to be

2853
01:35:07,738 --> 01:35:10,508
have been proposed. Um, and

2854
01:35:10,508 --> 01:35:12,443
then lastly, staff believes

2855
01:35:12,443 --> 01:35:13,378
that the definition for a

2856
01:35:13,378 --> 01:35:14,812
practical difficulty involving

2857
01:35:14,812 --> 01:35:17,415
the setback from the ordinary

2858
01:35:17,415 --> 01:35:20,551
high water line is not present

2859
01:35:20,551 --> 01:35:22,951
for the proposed application.

2860
01:35:23,421 --> 01:35:25,356
For the variants that is

2861
01:35:25,356 --> 01:35:27,225
requested regarding the deck.

2862
01:35:27,225 --> 01:35:29,160
Staff does believe that a

2863
01:35:29,160 --> 01:35:29,761
practical difficulty is present

2864
01:35:29,761 --> 01:35:31,229
for this variant

2865
01:35:31,229 --> 01:35:33,229
s request, um,

2866
01:35:33,965 --> 01:35:36,868
again, uh, the staff believes

2867
01:35:36,868 --> 01:35:38,803
that the, the application for

2868
01:35:38,803 --> 01:35:40,205
uh a lakeside deck is again a

2869
01:35:40,205 --> 01:35:42,240
permitted use and something

2870
01:35:42,240 --> 01:35:43,575
that is very common with many

2871
01:35:43,575 --> 01:35:44,242
of these properties along

2872
01:35:44,242 --> 01:35:47,242
County Rhodede and on Turtle

2873
01:35:47,779 --> 01:35:49,380
Lake. Um, the unique

2874
01:35:49,380 --> 01:35:50,749
circumstance in this situation

2875
01:35:50,749 --> 01:35:51,783
is, um, again, you

2876
01:35:51,783 --> 01:35:52,830
re, you

2877
01:35:52,830 --> 01:35:53,585
ll

2878
01:35:53,585 --> 01:35:56,585
be fairly familiar with this,

2879
01:35:56,888 --> 01:35:57,956
given that a variance was

2880
01:35:57,956 --> 01:35:58,590
requested and approved for

2881
01:35:58,590 --> 01:36:00,990
another property on County

2882
01:36:01,393 --> 01:36:03,662
Rhode Is for a very similar

2883
01:36:03,662 --> 01:36:06,662
situation that um the ordinary

2884
01:36:07,499 --> 01:36:08,934
high water line for when the

2885
01:36:08,934 --> 01:36:10,934
original 2003 residential

2886
01:36:11,690 --> 01:36:14,690
design review was approved, uh,

2887
01:36:14,106 --> 01:36:17,706
has thus changed to now, um,

2888
01:36:18,744 --> 01:36:20,612
the, the property has Um,

2889
01:36:20,612 --> 01:36:23,612
eroded along that western edge,

2890
01:36:23,982 --> 01:36:27,180
and Turtle Lake has come up a

2891
01:36:27,180 --> 01:36:28,287
little bit thus reducing, um,

2892
01:36:28,287 --> 01:36:29,721
that distance between the, the

2893
01:36:29,721 --> 01:36:32,191
current deck and where that

2894
01:36:32,191 --> 01:36:34,559
ordinary high water line sits,

2895
01:36:34,559 --> 01:36:36,461
so staff believes that um this

2896
01:36:36,461 --> 01:36:38,997
reduction in the setback is a

2897
01:36:38,997 --> 01:36:40,999
result of natural changes, um,

2898
01:36:40,999 --> 01:36:42,334
but not, uh, well, caused by

2899
01:36:42,334 --> 01:36:45,137
the owner but not caused by the

2900
01:36:45,137 --> 01:36:47,773
owner, if that makes sense. Uh,

2901
01:36:47,773 --> 01:36:49,208
and lastly, staff believes that

2902
01:36:49,208 --> 01:36:51,544
The proposed setback would not

2903
01:36:51,544 --> 01:36:53,579
alter the character of the

2904
01:36:53,579 --> 01:36:55,979
neighborhood, um, the, there

2905
01:36:56,148 --> 01:36:58,548
are similar, again, variances

2906
01:36:58,784 --> 01:36:59,552
that have been requested and

2907
01:36:59,552 --> 01:37:00,252
granted that have been

2908
01:37:00,252 --> 01:37:00,886
requested and granted that have

2909
01:37:00,886 --> 01:37:01,520
been requested and granted for

2910
01:37:01,520 --> 01:37:02,870
that have been requested and

2911
01:37:02,870 --> 01:37:02,721
granted that have been

2912
01:37:02,721 --> 01:37:03,422
requested and granted for um

2913
01:37:03,422 --> 01:37:05,224
similar distances for decks, uh,

2914
01:37:05,224 --> 01:37:05,558
set back at this distance, um,

2915
01:37:05,558 --> 01:37:06,192
and it

2916
01:37:06,192 --> 01:37:08,994
s important to note that

2917
01:37:08,994 --> 01:37:11,797
the neighbor to the west is, uh,

2918
01:37:11,797 --> 01:37:14,300
less than 1 ft, um, from Turtle

2919
01:37:14,300 --> 01:37:15,468
Lake for, for a deck. So, uh,

2920
01:37:15,468 --> 01:37:16,680
staff does not believe that

2921
01:37:16,680 --> 01:37:19,680
this request would alter the

2922
01:37:20,373 --> 01:37:22,773
character of The neighborhood.

2923
01:37:23,743 --> 01:37:26,546
On screen is just a

2924
01:37:26,546 --> 01:37:29,115
visualization of the um unique

2925
01:37:29,115 --> 01:37:31,515
circumstances that were stated,

2926
01:37:31,951 --> 01:37:33,453
showing the distances from the

2927
01:37:33,453 --> 01:37:36,255
proposed deck from 2003 on the

2928
01:37:36,255 --> 01:37:39,158
right hand side, uh, with a

2929
01:37:39,158 --> 01:37:41,270
reduced elevation of Turtle

2930
01:37:41,270 --> 01:37:44,270
Lake and an increased western

2931
01:37:44,464 --> 01:37:45,365
property line, uh, as well as,

2932
01:37:45,365 --> 01:37:47,767
um, the existing conditions on

2933
01:37:47,767 --> 01:37:48,668
the left hand side with where

2934
01:37:48,668 --> 01:37:50,603
Turtle Lake currently sits, uh,

2935
01:37:50,603 --> 01:37:51,971
where the deck. Currently is

2936
01:37:51,971 --> 01:37:54,707
set back from that ordinary

2937
01:37:54,707 --> 01:37:56,609
high water line, as well as the

2938
01:37:56,609 --> 01:37:58,244
reduction in the western

2939
01:37:58,244 --> 01:38:01,244
property line, um, and the

2940
01:38:05,351 --> 01:38:08,351
reduction of that. Comments, um,

2941
01:38:08,621 --> 01:38:10,957
staff did receive one, well, uh,

2942
01:38:10,957 --> 01:38:11,858
one written public comment from

2943
01:38:11,858 --> 01:38:13,526
uh two different homeowners

2944
01:38:13,526 --> 01:38:14,761
that was submitted, uh,

2945
01:38:14,761 --> 01:38:16,262
expressing disapproval of the

2946
01:38:16,262 --> 01:38:18,131
variants request, that item was

2947
01:38:18,131 --> 01:38:20,567
included in your packets this

2948
01:38:20,567 --> 01:38:22,469
evening, um, as stated, staff

2949
01:38:22,469 --> 01:38:23,503
did receive a comment from

2950
01:38:23,503 --> 01:38:25,503
engineering regarding the

2951
01:38:25,839 --> 01:38:28,239
importance of shore reviews

2952
01:38:28,275 --> 01:38:29,876
impervious surface coverage on

2953
01:38:29,876 --> 01:38:30,577
the uh cumulative negative

2954
01:38:30,577 --> 01:38:33,577
impacts of runoff towards the

2955
01:38:34,414 --> 01:38:35,315
body of water. Uh, and lastly,

2956
01:38:35,315 --> 01:38:36,783
staff received a comment from

2957
01:38:36,783 --> 01:38:38,752
the Race Creek Watershed

2958
01:38:38,752 --> 01:38:40,752
District, uh, providing

2959
01:38:42,556 --> 01:38:44,956
comments about their permitting

2960
01:38:45,892 --> 01:38:47,861
specifications and um their

2961
01:38:47,861 --> 01:38:49,861
notification requirements for

2962
01:38:49,863 --> 01:38:51,865
uh potential fill weather, uh,

2963
01:38:51,865 --> 01:38:54,568
any alteration to the existing

2964
01:38:54,568 --> 01:38:57,568
patio, uh, would be impacted

2965
01:38:58,939 --> 01:39:01,341
this evening. So Uh, staff

2966
01:39:01,341 --> 01:39:03,277
recommends that the planning

2967
01:39:03,277 --> 01:39:04,311
commission deny 3 variances

2968
01:39:04,311 --> 01:39:06,146
submitted by Robert Fried

2969
01:39:06,146 --> 01:39:08,546
regarding the property at 804

2970
01:39:08,850 --> 01:39:11,986
County Rhode I, uh, each of

2971
01:39:11,986 --> 01:39:14,789
which involves, uh, the patio

2972
01:39:14,789 --> 01:39:16,257
structure, the first being to

2973
01:39:16,257 --> 01:39:18,657
exceed the maximum impervious

2974
01:39:19,693 --> 01:39:21,528
surface coverage, the second,

2975
01:39:21,528 --> 01:39:24,980
uh, to allow the water-oriented

2976
01:39:24,980 --> 01:39:24,666
accessory structure, uh, to

2977
01:39:24,666 --> 01:39:27,660
encroach within the shore

2978
01:39:28,536 --> 01:39:29,437
impact zone. And lastly, to

2979
01:39:29,437 --> 01:39:31,837
reduce the water-oriented side

2980
01:39:32,239 --> 01:39:34,141
setback to 10 ft. Uh, however,

2981
01:39:34,141 --> 01:39:36,844
staff does recommend that the

2982
01:39:36,844 --> 01:39:38,844
planning commission adopt

2983
01:39:39,413 --> 01:39:41,813
Resolution 26-68, uh, proving

2984
01:39:41,816 --> 01:39:42,850
the 17.9 ft structure setback

2985
01:39:42,850 --> 01:39:44,352
for the existing deck that is

2986
01:39:44,352 --> 01:39:44,986
on the property, subject to the

2987
01:39:44,986 --> 01:39:47,386
conditions outlined in your

2988
01:39:47,688 --> 01:39:49,560
packets. And with that, I will

2989
01:39:49,560 --> 01:39:51,559
stand for questions. Thank you,

2990
01:39:51,559 --> 01:39:52,994
MR. Harris. Any questions, MR.

2991
01:39:52,994 --> 01:39:53,995
Chair Commissioner Simonson. I

2992
01:39:53,995 --> 01:39:54,862
guess the question is there

2993
01:39:54,862 --> 01:39:55,730
s a

2994
01:39:55,730 --> 01:39:55,930
number of variances here and

2995
01:39:55,930 --> 01:39:57,930
there

2996
01:39:59,567 --> 01:39:59,967
s a lot of. I don

2997
01:39:59,967 --> 01:40:01,135
t, so

2998
01:40:01,135 --> 01:40:01,469
the question is, if, if the

2999
01:40:01,469 --> 01:40:01,970
variants don

3000
01:40:01,970 --> 01:40:04,970
t pass, is, is the.

3001
01:40:07,750 --> 01:40:10,445
Is a city trying to get the hot

3002
01:40:10,445 --> 01:40:14,450
tub and the patio removed. So

3003
01:40:14,949 --> 01:40:16,885
compliance, yes, um. So the

3004
01:40:16,885 --> 01:40:19,885
original, um, how this all

3005
01:40:20,688 --> 01:40:23,158
started, I guess, um, when the

3006
01:40:23,158 --> 01:40:24,590
property owners had applied for

3007
01:40:24,590 --> 01:40:25,560
their short-term rental license.

3008
01:40:25,560 --> 01:40:27,280
Uh, staff had gone through and

3009
01:40:27,280 --> 01:40:29,364
done an inspection of the

3010
01:40:29,364 --> 01:40:31,433
property. Uh, they had approved

3011
01:40:31,433 --> 01:40:34,302
the rental license and issued

3012
01:40:34,302 --> 01:40:35,637
that, um, as a part of our code

3013
01:40:35,637 --> 01:40:38,600
enforcement and rental program,

3014
01:40:38,600 --> 01:40:39,441
Staff did receive a couple of

3015
01:40:39,441 --> 01:40:40,742
complaints from surrounding

3016
01:40:40,742 --> 01:40:42,978
property owners, which, as a

3017
01:40:42,978 --> 01:40:45,378
part of those complaints

3018
01:40:46,448 --> 01:40:48,383
included, um, parking issues on

3019
01:40:48,383 --> 01:40:51,153
that gravel patch on that

3020
01:40:51,153 --> 01:40:52,754
eastern portion. And so, once

3021
01:40:52,754 --> 01:40:54,556
we looked at that, we started

3022
01:40:54,556 --> 01:40:57,125
doing a little bit deeper of a

3023
01:40:57,125 --> 01:40:59,861
dive into the property, found

3024
01:40:59,861 --> 01:41:02,261
numerous other violations, and

3025
01:41:02,264 --> 01:41:05,133
uh actually issued the property

3026
01:41:05,133 --> 01:41:07,350
owners a letter both for rental

3027
01:41:07,350 --> 01:41:09,435
code violations and property

3028
01:41:09,939 --> 01:41:10,840
violations, what you are seeing

3029
01:41:10,840 --> 01:41:13,750
tonight is the property

3030
01:41:13,750 --> 01:41:15,177
violations and the request of

3031
01:41:15,177 --> 01:41:17,347
The homeowner to uh maintain

3032
01:41:17,347 --> 01:41:19,916
something that they kind of

3033
01:41:19,916 --> 01:41:22,618
walked into without knowing, um,

3034
01:41:22,618 --> 01:41:25,488
and since then, uh, the rental

3035
01:41:25,488 --> 01:41:26,355
code violations, uh, excluding

3036
01:41:26,355 --> 01:41:28,755
the parking violations have

3037
01:41:30,392 --> 01:41:31,828
thus been corrected. And a

3038
01:41:31,828 --> 01:41:32,928
follow up question is the the

3039
01:41:32,928 --> 01:41:33,262
parking, there

3040
01:41:33,262 --> 01:41:35,262
s no variance

3041
01:41:35,365 --> 01:41:35,664
request for that. That

3042
01:41:35,664 --> 01:41:37,633
s being

3043
01:41:37,633 --> 01:41:39,168
eliminated the, the gravel.

3044
01:41:39,168 --> 01:41:42,168
Parking pad, I guess, or

3045
01:41:43,639 --> 01:41:45,639
correct. Ok. Commissioner

3046
01:41:45,741 --> 01:41:47,510
Cortis, yeah, so I just, uh,

3047
01:41:47,510 --> 01:41:50,510
trying to understand more about

3048
01:41:51,113 --> 01:41:54,713
what, what happened in the rdr

3049
01:41:55,170 --> 01:41:56,185
with the 35.6%. So it, it in

3050
01:41:56,185 --> 01:41:59,185
the staff report, it talks

3051
01:42:00,690 --> 01:42:02,559
about how. There was a, a no

3052
01:42:02,559 --> 01:42:04,559
lakeside accessory structure,

3053
01:42:04,927 --> 01:42:06,362
period, as part of that, or, or

3054
01:42:06,362 --> 01:42:07,960
how was that passed as part of

3055
01:42:07,960 --> 01:42:07,330
the variance cause we don

3056
01:42:07,330 --> 01:42:08,798
t

3057
01:42:08,798 --> 01:42:11,798
have those, those minutes or,

3058
01:42:12,402 --> 01:42:14,802
or what whatever from 2003.

3059
01:42:15,371 --> 01:42:18,474
Yeah, so the, as a part of that

3060
01:42:18,474 --> 01:42:20,874
residential design review, um,

3061
01:42:21,811 --> 01:42:23,246
the homeowners were. They were

3062
01:42:23,246 --> 01:42:24,680
actually exceeding the

3063
01:42:24,680 --> 01:42:26,680
impervious surface coverage

3064
01:42:27,150 --> 01:42:29,180
again on the site, um, and a

3065
01:42:29,180 --> 01:42:31,521
part of that residential design

3066
01:42:31,521 --> 01:42:35,121
review and a request by staff

3067
01:42:35,959 --> 01:42:37,460
was, uh, to mitigate or to Uh,

3068
01:42:37,460 --> 01:42:39,860
reduce that impervious surface

3069
01:42:41,398 --> 01:42:42,599
coverage back to the 35.6, um,

3070
01:42:42,599 --> 01:42:46,799
and that was approved as a part

3071
01:42:47,304 --> 01:42:49,639
of that rdr. And so as part of

3072
01:42:49,639 --> 01:42:53,239
the, the conditions in, in that

3073
01:42:53,743 --> 01:42:56,379
approval was the no lakeside

3074
01:42:56,379 --> 01:42:57,514
accessory structures or it was

3075
01:42:57,514 --> 01:42:58,315
not specifically outlined

3076
01:42:58,315 --> 01:43:00,315
within those conditions.

3077
01:43:01,785 --> 01:43:05,385
However however, as a part of

3078
01:43:06,690 --> 01:43:11,490
all of our, um, Memos or uh rdr.

3079
01:43:12,429 --> 01:43:14,297
Procedures, so to speak. Um,

3080
01:43:14,297 --> 01:43:16,266
there is a provision in there

3081
01:43:16,266 --> 01:43:18,235
that states that any

3082
01:43:18,235 --> 01:43:20,103
significant alteration to the

3083
01:43:20,103 --> 01:43:22,472
property would require the

3084
01:43:22,472 --> 01:43:24,408
approval of the planning

3085
01:43:24,408 --> 01:43:25,109
commission, and with a

3086
01:43:25,109 --> 01:43:27,509
significant alteration such as

3087
01:43:28,145 --> 01:43:29,813
the addition of a lakeside.

3088
01:43:29,813 --> 01:43:31,949
Accessory structure, um, which

3089
01:43:31,949 --> 01:43:33,450
would then, again, put them

3090
01:43:33,450 --> 01:43:35,850
down into that 25% impervious

3091
01:43:37,654 --> 01:43:40,540
surface coverage. Bucket Um,

3092
01:43:40,900 --> 01:43:42,526
They, they violated the terms

3093
01:43:42,526 --> 01:43:46,960
of that rdr with that. Um,

3094
01:43:46,960 --> 01:43:49,300
edition. And so with with with

3095
01:43:49,300 --> 01:43:52,300
that rdr. Were they already

3096
01:43:54,505 --> 01:43:57,475
built up to the 35.6 or was it?

3097
01:43:57,475 --> 01:44:00,344
The ability to go up to 35.6.

3098
01:44:00,344 --> 01:44:00,945
Like what, what I guess changed,

3099
01:44:00,945 --> 01:44:01,679
I guess there

3100
01:44:01,679 --> 01:44:03,679
s 6% more now,

3101
01:44:03,681 --> 01:44:04,148
but, but, and some of that

3102
01:44:04,148 --> 01:44:06,148
s

3103
01:44:06,984 --> 01:44:08,919
the hot tub. What was the 35.6

3104
01:44:08,919 --> 01:44:13,119
at that time is my question. So,

3105
01:44:13,257 --> 01:44:14,759
If I MAY, Commissioner Cortes,

3106
01:44:14,759 --> 01:44:16,627
when that property went through

3107
01:44:16,627 --> 01:44:18,596
that residential design review

3108
01:44:18,596 --> 01:44:21,596
in 2003, they were, as well

3109
01:44:22,333 --> 01:44:22,934
stated, higher. They were at 37.

3110
01:44:22,934 --> 01:44:23,301
Something. I don

3111
01:44:23,301 --> 01:44:24,368
t recall the

3112
01:44:24,368 --> 01:44:25,569
number off the top of my head,

3113
01:44:25,569 --> 01:44:29,400
but as part of their mitigation.

3114
01:44:29,400 --> 01:44:30,408
To do those improvements to the

3115
01:44:30,408 --> 01:44:32,377
property, that is when they

3116
01:44:32,377 --> 01:44:34,780
brought it down to that 35.6.

3117
01:44:34,780 --> 01:44:35,780
So they removed some impervious

3118
01:44:35,780 --> 01:44:37,716
surface coverage that had been

3119
01:44:37,716 --> 01:44:40,180
on the property, likely prior

3120
01:44:40,180 --> 01:44:41,850
to our shore and regulations

3121
01:44:41,850 --> 01:44:42,487
changing in 1992. And so this

3122
01:44:42,487 --> 01:44:44,823
was a way for the city to get

3123
01:44:44,823 --> 01:44:46,858
them to bring it closer to

3124
01:44:46,858 --> 01:44:49,327
compliance. And so at that

3125
01:44:49,327 --> 01:44:52,927
point they were allowed to keep

3126
01:44:53,898 --> 01:44:56,234
35.6%, but that. As was stated,

3127
01:44:56,234 --> 01:44:57,769
um, did not include any

3128
01:44:57,769 --> 01:44:57,878
lakeside structures, so they

3129
01:44:57,878 --> 01:44:58,937
re

3130
01:44:58,937 --> 01:45:01,500
maximum at that point would

3131
01:45:01,500 --> 01:45:02,841
have been 30%. So they were

3132
01:45:02,841 --> 01:45:04,743
still above it, but they were

3133
01:45:04,743 --> 01:45:05,777
still reducing it to what the

3134
01:45:05,777 --> 01:45:07,212
property had historically held,

3135
01:45:07,212 --> 01:45:08,313
so the city was happy to see

3136
01:45:08,313 --> 01:45:08,643
that reduction. Ok, and I guess

3137
01:45:08,643 --> 01:45:09,581
I

3138
01:45:09,581 --> 01:45:11,917
m just trying to figure out

3139
01:45:11,917 --> 01:45:15,720
what was, what was the, at that

3140
01:45:15,720 --> 01:45:17,720
time, the 35. 0.6 essentially.

3141
01:45:17,856 --> 01:45:21,456
Like what was there when They

3142
01:45:24,296 --> 01:45:27,132
reached that agreement. Um, I,

3143
01:45:27,132 --> 01:45:28,166
the, the survey from the

3144
01:45:28,166 --> 01:45:31,360
original submission is shown on

3145
01:45:31,360 --> 01:45:33,405
screen on the right hand side,

3146
01:45:33,405 --> 01:45:36,275
um, I think that a lot of that

3147
01:45:36,275 --> 01:45:37,776
is gonna come back to, uh, a

3148
01:45:37,776 --> 01:45:39,611
lot of this concrete that runs

3149
01:45:39,611 --> 01:45:43,211
along the side and along the

3150
01:45:43,982 --> 01:45:47,386
rear of the home back here, um,

3151
01:45:47,386 --> 01:45:51,223
But the, again, uh, a, a small

3152
01:45:51,223 --> 01:45:52,658
portion of that too, um, could

3153
01:45:52,658 --> 01:45:53,325
be related to uh the change in

3154
01:45:53,325 --> 01:45:56,325
the ordinary high water line

3155
01:45:59,298 --> 01:46:00,199
too. Ok, and so. Just so I

3156
01:46:00,199 --> 01:46:00,666
understand what I

3157
01:46:00,666 --> 01:46:01,660
m looking at

3158
01:46:01,660 --> 01:46:01,267
then. So there

3159
01:46:01,267 --> 01:46:01,600
s there

3160
01:46:01,600 --> 01:46:03,502
s this

3161
01:46:03,502 --> 01:46:05,504
kind of ring of concrete around

3162
01:46:05,504 --> 01:46:07,600
the existing house, like a

3163
01:46:07,600 --> 01:46:09,275
sidewalk or something, and then

3164
01:46:09,275 --> 01:46:10,709
it says deck, and does that

3165
01:46:10,709 --> 01:46:12,177
mean above ground deck or is

3166
01:46:12,177 --> 01:46:13,112
that a patio ground patio at

3167
01:46:13,112 --> 01:46:16,712
the time, above ground deck. Ok.

3168
01:46:18,484 --> 01:46:20,484
I, I don

3169
01:46:23,560 --> 01:46:24,257
t have anything else.

3170
01:46:24,257 --> 01:46:25,358
Any other comments, questions?

3171
01:46:25,358 --> 01:46:28,358
Ok, thank you, MR. Harris.

3172
01:46:28,661 --> 01:46:30,563
Thank you. If the applicant is

3173
01:46:30,563 --> 01:46:31,230
in the audience and like to

3174
01:46:31,230 --> 01:46:31,464
address the commission. I

3175
01:46:31,464 --> 01:46:33,464
d

3176
01:46:34,334 --> 01:46:35,768
invite you to come up and State

3177
01:46:35,768 --> 01:46:39,368
your name and address for the

3178
01:46:42,800 --> 01:46:42,475
record. To 2 people are allowed.

3179
01:46:42,475 --> 01:46:42,808
Yes, it wouldn

3180
01:46:42,808 --> 01:46:45,208
t be the first

3181
01:46:48,614 --> 01:46:50,614
time. I

3182
01:46:51,183 --> 01:46:52,352
m Robert Fried. I live

3183
01:46:52,352 --> 01:46:55,488
at 49 South Deep Lake Road in

3184
01:46:55,488 --> 01:46:58,858
North Oaks. And this is my

3185
01:46:58,858 --> 01:47:00,858
daughter-in-law Allie Fried.

3186
01:47:02,162 --> 01:47:06,365
And you live at. Yes, I live at

3187
01:47:06,365 --> 01:47:08,765
6583 in Lino Lakes, Minnesota.

3188
01:47:12,500 --> 01:47:12,175
Um, So. My wife and I, my wife

3189
01:47:12,175 --> 01:47:12,605
isn

3190
01:47:12,605 --> 01:47:13,106
t here. She

3191
01:47:13,106 --> 01:47:15,106
s not feeling

3192
01:47:16,509 --> 01:47:20,480
well, but, um, My wife and I

3193
01:47:20,480 --> 01:47:23,160
have lived in the. Shoreview,

3194
01:47:23,160 --> 01:47:25,416
the larger Shoreview community.

3195
01:47:26,420 --> 01:47:29,420
Uh, since 1987. Um, Yeah, we

3196
01:47:30,190 --> 01:47:34,390
were. We moved away for a short

3197
01:47:34,861 --> 01:47:38,461
period of time and moved back.

3198
01:47:38,766 --> 01:47:42,366
In 1995 and uh. Uh, have lived

3199
01:47:44,204 --> 01:47:44,445
in North Oaks for 30 years. Um,

3200
01:47:44,445 --> 01:47:45,606
i

3201
01:47:45,606 --> 01:47:46,673
m active in the Shoreview

3202
01:47:46,673 --> 01:47:47,541
community. I

3203
01:47:47,541 --> 01:47:49,810
m a mem my wife

3204
01:47:49,810 --> 01:47:52,746
and I are both members of the

3205
01:47:52,746 --> 01:47:56,346
Rotary Club. Uh, we were active,

3206
01:47:57,251 --> 01:47:59,651
uh. Creating the Pollinator

3207
01:47:59,653 --> 01:48:02,653
garden at McCullough. Park And

3208
01:48:05,192 --> 01:48:08,792
um. Uh, we contribute to the

3209
01:48:09,363 --> 01:48:12,363
shore view. Foundation. On a

3210
01:48:18,506 --> 01:48:19,374
regular basis. Um, It

3211
01:48:19,374 --> 01:48:21,309
s been

3212
01:48:21,309 --> 01:48:23,477
difficult to us for us to

3213
01:48:23,477 --> 01:48:25,380
realize that there are a lot of

3214
01:48:25,380 --> 01:48:28,380
issues with this property. Um,

3215
01:48:29,583 --> 01:48:32,583
there were 2. Prior owners. Uh,

3216
01:48:32,653 --> 01:48:35,530
uh. And we don

3217
01:48:36,824 --> 01:48:38,824
t know. Exactly

3218
01:48:39,493 --> 01:48:43,930
what either uh prior owner did.

3219
01:48:44,331 --> 01:48:45,767
But, um, Uh Thanks to the

3220
01:48:45,767 --> 01:48:46,234
playing staff, we

3221
01:48:46,234 --> 01:48:46,768
ve come to

3222
01:48:46,768 --> 01:48:46,968
realize that there

3223
01:48:46,968 --> 01:48:48,968
s some

3224
01:48:50,538 --> 01:48:50,972
issues. And, and, uh, and we

3225
01:48:50,972 --> 01:48:52,972
ve

3226
01:48:54,976 --> 01:48:58,213
been working hard to try to Uh,

3227
01:48:58,213 --> 01:49:01,490
Come up with a plan and Uh,

3228
01:49:01,490 --> 01:49:03,170
perhaps we need to do, More

3229
01:49:03,170 --> 01:49:05,987
work in that regard, but in any

3230
01:49:05,987 --> 01:49:06,187
case, um. Uh, Ali, you

3231
01:49:06,187 --> 01:49:08,187
re gonna.

3232
01:49:09,157 --> 01:49:09,287
Have some opening remarks. I

3233
01:49:09,287 --> 01:49:11,287
ll

3234
01:49:12,660 --> 01:49:15,660
stay here. Answer questions. Or

3235
01:49:15,997 --> 01:49:17,499
to see if I go into labor, I

3236
01:49:17,499 --> 01:49:19,868
think. Uh, well, good evening.

3237
01:49:19,868 --> 01:49:20,802
My name is Allie Fried. My

3238
01:49:20,802 --> 01:49:22,370
father-in-law and mother-in-law

3239
01:49:22,370 --> 01:49:24,439
Robert and Miriam own the home

3240
01:49:24,439 --> 01:49:26,742
at 804 County Road I. They

3241
01:49:26,742 --> 01:49:28,643
purchased it nearly a year ago

3242
01:49:28,643 --> 01:49:29,678
in SEPTEMBER of 2025, the first

3243
01:49:29,678 --> 01:49:30,790
and only cabin they

3244
01:49:30,790 --> 01:49:31,646
ve ever

3245
01:49:31,646 --> 01:49:33,150
owned, a dream realized after

3246
01:49:33,150 --> 01:49:35,183
more than 40 years of diligent

3247
01:49:35,183 --> 01:49:36,718
saving. My in-laws have called

3248
01:49:36,718 --> 01:49:37,953
the Mounds View School District

3249
01:49:37,953 --> 01:49:39,387
home for decades and are both

3250
01:49:39,387 --> 01:49:40,956
active members of the Shoreview

3251
01:49:40,956 --> 01:49:41,156
and Arden Hills Rotary Club.

3252
01:49:41,156 --> 01:49:41,924
They

3253
01:49:41,924 --> 01:49:44,359
ve asked me to speak on

3254
01:49:44,359 --> 01:49:45,527
their behalf tonight. Thank you

3255
01:49:45,527 --> 01:49:47,229
for your time and genuinely

3256
01:49:47,229 --> 01:49:47,396
thank you, Will, for all that

3257
01:49:47,396 --> 01:49:48,797
you

3258
01:49:48,797 --> 01:49:50,232
ve put into this. 5 months

3259
01:49:50,232 --> 01:49:51,200
is a long time to work through

3260
01:49:51,200 --> 01:49:51,533
something like this, but we

3261
01:49:51,533 --> 01:49:53,350
ve

3262
01:49:53,350 --> 01:49:54,403
had a laundry list to get

3263
01:49:54,403 --> 01:49:56,638
through, and we felt the effort

3264
01:49:56,638 --> 01:49:58,106
from your side. I want to start

3265
01:49:58,106 --> 01:49:59,942
with something that we actually

3266
01:49:59,942 --> 01:50:00,620
agree with Steph on. They

3267
01:50:00,620 --> 01:50:01,276
ve

3268
01:50:01,276 --> 01:50:02,244
recommended approving the deck

3269
01:50:02,244 --> 01:50:04,644
variants and their reasoning

3270
01:50:04,646 --> 01:50:06,248
makes sense to us. The setback

3271
01:50:06,248 --> 01:50:07,749
problem goes back to something

3272
01:50:07,749 --> 01:50:10,149
nobody could control the

3273
01:50:10,419 --> 01:50:11,520
shoreline eroding into the slot

3274
01:50:11,520 --> 01:50:13,880
since 2003, not anything my

3275
01:50:13,880 --> 01:50:14,220
in-laws did. We

3276
01:50:14,220 --> 01:50:15,458
re grateful

3277
01:50:15,458 --> 01:50:16,925
that the planning staff saw

3278
01:50:16,925 --> 01:50:17,359
this clearly because it

3279
01:50:17,359 --> 01:50:19,294
s the

3280
01:50:19,294 --> 01:50:19,995
case. We think the patio

3281
01:50:19,995 --> 01:50:20,262
deserves the same conclusion,

3282
01:50:20,262 --> 01:50:22,262
and here

3283
01:50:22,731 --> 01:50:22,931
s why. My in-laws

3284
01:50:22,931 --> 01:50:24,300
didn

3285
01:50:24,300 --> 01:50:24,500
t build the patio. They

3286
01:50:24,500 --> 01:50:26,500
didn

3287
01:50:26,602 --> 01:50:28,370
t rebuild the deck either.

3288
01:50:28,370 --> 01:50:29,538
Both were already there,

3289
01:50:29,538 --> 01:50:31,373
exactly as can be seen now when

3290
01:50:31,373 --> 01:50:32,908
they bought this house last

3291
01:50:32,908 --> 01:50:33,409
SEPTEMBER. They walked into

3292
01:50:33,409 --> 01:50:33,556
this situation and didn

3293
01:50:33,556 --> 01:50:35,110
t

3294
01:50:35,110 --> 01:50:35,945
create it. And there

3295
01:50:35,945 --> 01:50:36,512
s a piece

3296
01:50:36,512 --> 01:50:37,780
of this lot

3297
01:50:37,780 --> 01:50:39,382
s history that

3298
01:50:39,382 --> 01:50:41,250
matters here too. This property

3299
01:50:41,250 --> 01:50:43,520
has been recognized by the city

3300
01:50:43,520 --> 01:50:46,456
as a substandard lot since long

3301
01:50:46,456 --> 01:50:48,825
before my in-laws owned it.

3302
01:50:48,825 --> 01:50:50,359
Just 9,896 square feet, well

3303
01:50:50,359 --> 01:50:52,610
under the 15,000 square foot

3304
01:50:52,610 --> 01:50:54,290
standard. On the lot, only 75

3305
01:50:54,290 --> 01:50:56,290
ft wide. That

3306
01:50:56,365 --> 01:50:58,765
s exactly why in

3307
01:50:58,768 --> 01:51:00,169
2003, this commission granted

3308
01:51:00,169 --> 01:51:00,770
this property additional

3309
01:51:00,770 --> 01:51:02,638
flexibility on impervious

3310
01:51:02,638 --> 01:51:04,107
coverage in the first place.

3311
01:51:04,107 --> 01:51:04,641
The physical constraints of

3312
01:51:04,641 --> 01:51:05,174
this lot aren

3313
01:51:05,174 --> 01:51:06,876
t something my

3314
01:51:06,876 --> 01:51:07,243
in-laws created. There

3315
01:51:07,243 --> 01:51:08,744
s

3316
01:51:08,744 --> 01:51:09,479
something the city itself

3317
01:51:09,479 --> 01:51:12,479
already recognized as unique to

3318
01:51:12,715 --> 01:51:13,183
this property. The stricter 25%

3319
01:51:13,183 --> 01:51:15,183
limit we

3320
01:51:15,551 --> 01:51:15,819
re asking you to look

3321
01:51:15,819 --> 01:51:17,200
past isn

3322
01:51:17,200 --> 01:51:17,347
t about preference.

3323
01:51:17,347 --> 01:51:19,347
It

3324
01:51:19,389 --> 01:51:21,291
s what happens when two code

3325
01:51:21,291 --> 01:51:23,691
provisions, the substandard lot

3326
01:51:23,693 --> 01:51:24,394
allowance, and the Lakeside

3327
01:51:24,394 --> 01:51:25,595
Accessories structure cap

3328
01:51:25,595 --> 01:51:28,365
collide on a lot this size and

3329
01:51:28,365 --> 01:51:29,765
shape. That collision is a

3330
01:51:29,765 --> 01:51:31,340
unique circumstance, and it has

3331
01:51:31,340 --> 01:51:33,269
nothing to do with any choice

3332
01:51:33,269 --> 01:51:34,170
my in-laws made. We

3333
01:51:34,170 --> 01:51:35,505
d ask you

3334
01:51:35,505 --> 01:51:37,774
to consider just how tight that

3335
01:51:37,774 --> 01:51:38,708
collision really is. Our

3336
01:51:38,708 --> 01:51:41,445
surveyor, who has been an

3337
01:51:41,445 --> 01:51:43,379
amazing help. His calculations

3338
01:51:43,379 --> 01:51:45,281
show that even if every

3339
01:51:45,281 --> 01:51:46,282
accessory feature on this

3340
01:51:46,282 --> 01:51:48,682
property were removed entirely.

3341
01:51:49,186 --> 01:51:51,540
The hot tub, the patio in full,

3342
01:51:51,540 --> 01:51:51,755
the gravel area next to the

3343
01:51:51,755 --> 01:51:52,689
driveway and the driveway

3344
01:51:52,689 --> 01:51:55,689
trimmed down to its simplest

3345
01:51:57,227 --> 01:52:00,164
form. This lot would still sit

3346
01:52:00,164 --> 01:52:02,564
at 32.5% in previous coverage.

3347
01:52:02,899 --> 01:52:04,801
Well above the 25% threshold.

3348
01:52:04,801 --> 01:52:06,737
In other words, the home itself

3349
01:52:06,737 --> 01:52:08,172
and the minimum access it

3350
01:52:08,172 --> 01:52:10,107
requires already exceed that

3351
01:52:10,107 --> 01:52:11,141
number before a patio even

3352
01:52:11,141 --> 01:52:11,307
enters the picture. That

3353
01:52:11,307 --> 01:52:13,760
s not

3354
01:52:13,760 --> 01:52:13,510
a result of how we use this

3355
01:52:13,510 --> 01:52:14,978
property. It

3356
01:52:14,978 --> 01:52:15,245
s a function of

3357
01:52:15,245 --> 01:52:16,313
this lot

3358
01:52:16,313 --> 01:52:19,313
s size in the house

3359
01:52:19,416 --> 01:52:19,583
that stood on it since 1972.

3360
01:52:19,583 --> 01:52:20,750
We

3361
01:52:20,750 --> 01:52:22,686
d ask the commission to

3362
01:52:22,686 --> 01:52:25,156
weigh whether a standard this

3363
01:52:25,156 --> 01:52:26,123
lot cannot reasonably meet

3364
01:52:26,123 --> 01:52:28,493
under any configuration is one

3365
01:52:28,493 --> 01:52:29,826
that should stand in the way of

3366
01:52:29,826 --> 01:52:32,226
a modest, substantially reduced

3367
01:52:33,531 --> 01:52:34,966
accessory structure. And I want

3368
01:52:34,966 --> 01:52:35,566
to address one phrase directly

3369
01:52:35,566 --> 01:52:36,400
because I don

3370
01:52:36,400 --> 01:52:37,435
t think it

3371
01:52:37,435 --> 01:52:38,836
reflects what we

3372
01:52:38,836 --> 01:52:39,403
re actually

3373
01:52:39,403 --> 01:52:40,271
asking. Staff

3374
01:52:40,271 --> 01:52:41,371
s recommendation

3375
01:52:41,371 --> 01:52:43,207
describes this as maintaining

3376
01:52:43,207 --> 01:52:44,242
the patio as a matter of

3377
01:52:44,242 --> 01:52:46,944
preference rather than a unique

3378
01:52:46,944 --> 01:52:47,112
circumstance. Respectfully,

3379
01:52:47,112 --> 01:52:48,979
we

3380
01:52:48,979 --> 01:52:50,348
re not asking to maintain

3381
01:52:50,348 --> 01:52:52,650
anything as it stands when this

3382
01:52:52,650 --> 01:52:52,817
home was purchased a year ago.

3383
01:52:52,817 --> 01:52:54,118
We

3384
01:52:54,118 --> 01:52:56,587
re proposing to cut the

3385
01:52:56,587 --> 01:52:58,987
patio nearly in half, 314

3386
01:52:59,390 --> 01:53:02,327
square feet down to 200. Remove

3387
01:53:02,327 --> 01:53:03,260
the hot tub outright and bring

3388
01:53:03,260 --> 01:53:05,260
total impervious surface

3389
01:53:07,565 --> 01:53:08,733
coverage down from 41.5 to

3390
01:53:08,733 --> 01:53:10,100
35.6%. The same figure this

3391
01:53:10,100 --> 01:53:12,401
commission approved for this

3392
01:53:13,204 --> 01:53:14,873
lot in 2003. A preference would

3393
01:53:14,873 --> 01:53:15,172
be leaving it alone. We

3394
01:53:15,172 --> 01:53:17,750
re

3395
01:53:17,750 --> 01:53:17,642
asking for the chance to shrink

3396
01:53:17,642 --> 01:53:17,842
it substantially and keep

3397
01:53:17,842 --> 01:53:19,842
what

3398
01:53:21,246 --> 01:53:21,879
s left. And on the

3399
01:53:21,879 --> 01:53:22,680
neighborhood, staff

3400
01:53:22,680 --> 01:53:23,648
s own

3401
01:53:23,648 --> 01:53:23,882
report says granting this

3402
01:53:23,882 --> 01:53:24,782
wouldn

3403
01:53:24,782 --> 01:53:27,182
t change the character

3404
01:53:27,485 --> 01:53:28,319
of the area and the other homes

3405
01:53:28,319 --> 01:53:30,321
on County Rhode already have

3406
01:53:30,321 --> 01:53:30,588
patios of their own. This isn

3407
01:53:30,588 --> 01:53:32,588
t

3408
01:53:33,124 --> 01:53:33,301
out of place here. And there

3409
01:53:33,301 --> 01:53:34,926
s

3410
01:53:34,926 --> 01:53:35,894
one more thing we want to

3411
01:53:35,894 --> 01:53:38,229
address directly because we

3412
01:53:38,229 --> 01:53:41,990
suspect it MAY come up tonight.

3413
01:53:41,990 --> 01:53:43,468
This home is a family gathering

3414
01:53:43,468 --> 01:53:45,904
place that also operates on a

3415
01:53:45,904 --> 01:53:46,804
limited basis, as a short term

3416
01:53:46,804 --> 01:53:49,204
rental, fully licensed and

3417
01:53:49,407 --> 01:53:49,641
approved by the city. Whatever

3418
01:53:49,641 --> 01:53:50,708
tonight

3419
01:53:50,708 --> 01:53:50,875
s comments touch on,

3420
01:53:50,875 --> 01:53:52,310
we

3421
01:53:52,310 --> 01:53:55,280
d ask the commission to hold

3422
01:53:55,280 --> 01:53:56,881
on to one distinction. These 4

3423
01:53:56,881 --> 01:53:59,840
variances are about the

3424
01:53:59,840 --> 01:54:01,519
physical dimensions of a deck

3425
01:54:01,519 --> 01:54:03,521
and a patio, a setback a size,

3426
01:54:03,521 --> 01:54:05,324
and a percentage of coverage.

3427
01:54:05,324 --> 01:54:07,259
None of that turns on who is

3428
01:54:07,259 --> 01:54:09,661
standing on the property or how

3429
01:54:09,661 --> 01:54:11,563
often. In fact, the three-part

3430
01:54:11,563 --> 01:54:13,498
test, your own staff report

3431
01:54:13,498 --> 01:54:14,933
lays out for tonight.

3432
01:54:14,933 --> 01:54:15,634
Reasonable manner, unique

3433
01:54:15,634 --> 01:54:17,634
circumstance, and neighborhood

3434
01:54:17,769 --> 01:54:19,104
character. Doesn

3435
01:54:19,104 --> 01:54:20,572
t ask anywhere

3436
01:54:20,572 --> 01:54:21,540
who occupies this home or how

3437
01:54:21,540 --> 01:54:21,773
often, and that

3438
01:54:21,773 --> 01:54:23,773
s not an

3439
01:54:24,443 --> 01:54:26,312
oversight. Those criteria are

3440
01:54:26,312 --> 01:54:26,545
about the land, not the use,

3441
01:54:26,545 --> 01:54:27,979
and we

3442
01:54:27,979 --> 01:54:30,415
d ask you to apply them

3443
01:54:30,415 --> 01:54:31,917
exactly as written. It is our

3444
01:54:31,917 --> 01:54:33,752
belief that comments about

3445
01:54:33,752 --> 01:54:35,253
short-term rental use tonight,

3446
01:54:35,253 --> 01:54:37,256
however sincere, have no

3447
01:54:37,256 --> 01:54:37,689
bearing on these four variances

3448
01:54:37,689 --> 01:54:38,123
and shouldn

3449
01:54:38,123 --> 01:54:40,159
t factor into your

3450
01:54:40,159 --> 01:54:40,592
decision. Tonight we

3451
01:54:40,592 --> 01:54:42,940
re asking

3452
01:54:42,940 --> 01:54:42,995
you to rule on the dimensions

3453
01:54:42,995 --> 01:54:46,498
in front of you and nothing

3454
01:54:46,498 --> 01:54:48,500
more. We are participating in

3455
01:54:48,500 --> 01:54:48,667
this process in good faith.

3456
01:54:48,667 --> 01:54:49,601
We

3457
01:54:49,601 --> 01:54:51,837
ve hired a licensed

3458
01:54:51,837 --> 01:54:53,906
surveying company to assist us.

3459
01:54:53,906 --> 01:54:55,841
We propose less and not more.

3460
01:54:55,841 --> 01:54:57,276
Engaging in this process has

3461
01:54:57,276 --> 01:54:58,744
already met real financial

3462
01:54:58,744 --> 01:55:00,279
costs for my in-laws, and it

3463
01:55:00,279 --> 01:55:02,648
will likely mean more before

3464
01:55:02,648 --> 01:55:03,983
this is resolved. Costs they

3465
01:55:03,983 --> 01:55:06,385
never expected when they bought

3466
01:55:06,385 --> 01:55:07,319
their first and only cabin last

3467
01:55:07,319 --> 01:55:08,554
year for conditions that

3468
01:55:08,554 --> 01:55:10,689
existed on this property long

3469
01:55:10,689 --> 01:55:10,856
before they ever saw it. All

3470
01:55:10,856 --> 01:55:12,570
we

3471
01:55:12,570 --> 01:55:13,492
re asking is that the

3472
01:55:13,492 --> 01:55:14,860
commission apply the same logic

3473
01:55:14,860 --> 01:55:17,563
to the patio that staff already

3474
01:55:17,563 --> 01:55:19,832
applied to the deck. And

3475
01:55:19,832 --> 01:55:21,167
approve all four variances,

3476
01:55:21,167 --> 01:55:22,702
including resolution 2668.

3477
01:55:22,702 --> 01:55:23,769
Thank you. We

3478
01:55:23,769 --> 01:55:25,137
re able to answer

3479
01:55:25,137 --> 01:55:26,939
any questions you have. Thank

3480
01:55:26,939 --> 01:55:29,939
you. Um, anybody have any

3481
01:55:29,942 --> 01:55:32,342
questions for the Freeds?

3482
01:55:33,913 --> 01:55:34,580
Seeing them. Thank you for your

3483
01:55:34,580 --> 01:55:36,580
information. Appreciate your

3484
01:55:37,850 --> 01:55:41,450
time. Any members of the public

3485
01:55:43,723 --> 01:55:45,224
that wish to come up and uh.

3486
01:55:45,224 --> 01:55:47,624
Everything about this property.

3487
01:55:53,132 --> 01:55:54,100
Anything to say? Did you get my

3488
01:55:54,100 --> 01:55:54,734
letter from Will? I think

3489
01:55:54,734 --> 01:55:57,336
Wilson is gonna be in the

3490
01:55:57,336 --> 01:55:58,238
packet. By chance if not I can

3491
01:55:58,238 --> 01:55:59,380
hand out a copy. Can you say

3492
01:55:59,380 --> 01:56:00,206
your name and your address so

3493
01:56:00,206 --> 01:56:01,207
we can know if it

3494
01:56:01,207 --> 01:56:02,575
s the one

3495
01:56:02,575 --> 01:56:03,509
that we that we received, yeah

3496
01:56:03,509 --> 01:56:04,511
that we that we received, yeah

3497
01:56:04,511 --> 01:56:05,745
that we that we received, yeah,

3498
01:56:05,745 --> 01:56:08,745
um, Brett Markard 800 Conard I.

3499
01:56:10,850 --> 01:56:12,819
Ok, awesome. Oh. You guys have

3500
01:56:12,819 --> 01:56:13,253
a difficult job, so, um. You

3501
01:56:13,253 --> 01:56:14,220
know, it

3502
01:56:14,220 --> 01:56:16,620
s funny, preparing for

3503
01:56:16,789 --> 01:56:18,291
this, um, Both MR. Peters, MR.

3504
01:56:18,291 --> 01:56:19,158
Harris have actually I met MR.

3505
01:56:19,158 --> 01:56:20,226
Peterson about 3 years ago and

3506
01:56:20,226 --> 01:56:21,594
I called him about a project on

3507
01:56:21,594 --> 01:56:22,429
a different house because I

3508
01:56:22,429 --> 01:56:23,263
believe in proactive planning,

3509
01:56:23,263 --> 01:56:25,498
like, hey, can I build this

3510
01:56:25,498 --> 01:56:27,968
addition to my house and He

3511
01:56:27,968 --> 01:56:29,269
informed me no. So that was my

3512
01:56:29,269 --> 01:56:31,371
first interaction, out with the

3513
01:56:31,371 --> 01:56:31,538
planning staff of Shoreview.

3514
01:56:31,538 --> 01:56:32,305
It

3515
01:56:32,305 --> 01:56:33,273
s amazing these memes are

3516
01:56:33,273 --> 01:56:35,208
recorded, so whoever set that

3517
01:56:35,208 --> 01:56:35,942
up, thank you, allow us to go

3518
01:56:35,942 --> 01:56:37,143
back and see the debate you

3519
01:56:37,143 --> 01:56:37,678
have, and I think as a

3520
01:56:37,678 --> 01:56:38,245
committee, it

3521
01:56:38,245 --> 01:56:39,646
s clearly a

3522
01:56:39,646 --> 01:56:41,448
healthy committee. You guys

3523
01:56:41,448 --> 01:56:42,415
disagree. I, you know, the, the

3524
01:56:42,415 --> 01:56:43,917
meeting I watched was not

3525
01:56:43,917 --> 01:56:44,518
unanimous, even tonight was not,

3526
01:56:44,518 --> 01:56:45,180
and I think that

3527
01:56:45,180 --> 01:56:47,418
s a great, a

3528
01:56:47,621 --> 01:56:48,822
great sign. Um, so the neighbor,

3529
01:56:48,822 --> 01:56:50,691
It

3530
01:56:50,691 --> 01:56:52,759
s been interesting too to

3531
01:56:52,759 --> 01:56:54,494
the reasonable manner, unique

3532
01:56:54,494 --> 01:56:55,950
circumstance, and character of

3533
01:56:55,950 --> 01:56:55,929
the neighborhood. And I

3534
01:56:55,929 --> 01:56:57,831
m just

3535
01:56:57,831 --> 01:56:58,899
gonna zoom in on unique

3536
01:56:58,899 --> 01:57:01,568
circumstance that this is not a

3537
01:57:01,568 --> 01:57:02,436
unique circumstance. This is a

3538
01:57:02,436 --> 01:57:03,937
luxury amenity. This when

3539
01:57:03,937 --> 01:57:04,938
someone and I talk about the

3540
01:57:04,938 --> 01:57:05,372
whole overall variances, I

3541
01:57:05,372 --> 01:57:06,440
think it

3542
01:57:06,440 --> 01:57:07,775
s focused and, and

3543
01:57:07,775 --> 01:57:09,176
focused specifically on the

3544
01:57:09,176 --> 01:57:12,613
patio. The patio is 10 ft from

3545
01:57:12,613 --> 01:57:13,130
my property line. And it

3546
01:57:13,130 --> 01:57:14,515
s a

3547
01:57:14,515 --> 01:57:15,316
luxury amenity that has

3548
01:57:15,316 --> 01:57:17,716
fostered large gatherings all

3549
01:57:17,885 --> 01:57:19,853
summer long. Hundreds of people

3550
01:57:19,853 --> 01:57:21,288
have moved through the property,

3551
01:57:21,288 --> 01:57:22,690
uh, last weekend, there was a

3552
01:57:22,690 --> 01:57:25,900
private bachelorette party with

3553
01:57:25,920 --> 01:57:25,259
a chef, uh, and dance party. Uh,

3554
01:57:25,259 --> 01:57:25,626
it

3555
01:57:25,626 --> 01:57:26,227
s great. It

3556
01:57:26,227 --> 01:57:27,127
s a beautiful

3557
01:57:27,127 --> 01:57:27,628
property. It

3558
01:57:27,628 --> 01:57:29,964
s a beautiful spot,

3559
01:57:29,964 --> 01:57:30,698
and I think the challenge for

3560
01:57:30,698 --> 01:57:30,865
the planning commission is, you

3561
01:57:30,865 --> 01:57:31,599
can

3562
01:57:31,599 --> 01:57:33,300
t look at us or the Fried

3563
01:57:33,300 --> 01:57:33,968
family. You have to look at the

3564
01:57:33,968 --> 01:57:35,202
overall vision of Shoreview.

3565
01:57:35,202 --> 01:57:37,204
Like, what does this look like

3566
01:57:37,204 --> 01:57:38,673
as a community, not just us as

3567
01:57:38,673 --> 01:57:38,873
owners now. Anything about

3568
01:57:38,873 --> 01:57:39,707
what

3569
01:57:39,707 --> 01:57:41,800
s the long-term water

3570
01:57:41,800 --> 01:57:42,176
quality effect? What does it

3571
01:57:42,176 --> 01:57:45,176
look like to prove this

3572
01:57:45,313 --> 01:57:47,348
structure as is. And when you

3573
01:57:47,348 --> 01:57:48,149
think about inheriting this, um,

3574
01:57:48,149 --> 01:57:48,716
it is unfortunate that the

3575
01:57:48,716 --> 01:57:49,617
prior owner didn

3576
01:57:49,617 --> 01:57:49,784
t resolve this.

3577
01:57:49,784 --> 01:57:50,785
It

3578
01:57:50,785 --> 01:57:51,552
s unfortunate in the buying

3579
01:57:51,552 --> 01:57:51,886
process that they didn

3580
01:57:51,886 --> 01:57:53,886
t sort

3581
01:57:54,121 --> 01:57:55,790
it out. Um. You know, we have

3582
01:57:55,790 --> 01:57:55,957
highly, you know, clearly,

3583
01:57:55,957 --> 01:57:56,424
Ali

3584
01:57:56,424 --> 01:57:56,557
s an incredible, they

3585
01:57:56,557 --> 01:57:56,757
re,

3586
01:57:56,757 --> 01:57:57,825
they

3587
01:57:57,825 --> 01:57:58,760
re great people. I do

3588
01:57:58,760 --> 01:57:59,260
enjoy them. Um, and it

3589
01:57:59,260 --> 01:57:59,694
s a good

3590
01:57:59,694 --> 01:58:00,595
speaker. Bob

3591
01:58:00,595 --> 01:58:02,530
s an attorney.

3592
01:58:02,530 --> 01:58:02,697
These are very sharp folks.

3593
01:58:02,697 --> 01:58:03,931
It

3594
01:58:03,931 --> 01:58:04,132
s unfortunate that this

3595
01:58:04,132 --> 01:58:04,966
wasn

3596
01:58:04,966 --> 01:58:07,168
t resolved during the

3597
01:58:07,168 --> 01:58:08,603
purchase process, but now. As a

3598
01:58:08,603 --> 01:58:09,570
member of the community of

3599
01:58:09,570 --> 01:58:11,380
Shoreview, who values the parks,

3600
01:58:11,380 --> 01:58:13,942
the lakes, all the things we

3601
01:58:13,942 --> 01:58:14,976
love. I really encourage you to

3602
01:58:14,976 --> 01:58:15,376
support the town

3603
01:58:15,376 --> 01:58:16,511
s

3604
01:58:16,511 --> 01:58:18,479
recommendations to deny the

3605
01:58:18,479 --> 01:58:21,479
variance request, um, as, as

3606
01:58:21,916 --> 01:58:24,886
proposed. Thank you. Thank you,

3607
01:58:24,886 --> 01:58:26,221
MR. McCardin. Anyone else

3608
01:58:26,221 --> 01:58:28,621
wished to address the

3609
01:58:31,359 --> 01:58:31,893
commission on this subject.

3610
01:58:31,893 --> 01:58:32,427
Seeing none, we

3611
01:58:32,427 --> 01:58:34,427
ll bring it

3612
01:58:34,462 --> 01:58:36,862
back to the commission.

3613
01:58:37,599 --> 01:58:39,999
Commissioner Amman. Oh, MR.

3614
01:58:40,101 --> 01:58:41,870
Chair, oh. So go ahead,

3615
01:58:41,870 --> 01:58:43,870
Commissioner Simonsonen, ok.

3616
01:58:45,240 --> 01:58:46,274
Yes, I, I always, uh, I know

3617
01:58:46,274 --> 01:58:47,750
Shoreview typically has a

3618
01:58:47,750 --> 01:58:49,750
complaint-driven system and,

3619
01:58:49,678 --> 01:58:49,788
and I always hate when. It

3620
01:58:49,788 --> 01:58:51,146
s

3621
01:58:51,146 --> 01:58:52,547
frustrating when things come to

3622
01:58:52,547 --> 01:58:55,917
us after the fact, and they do

3623
01:58:55,917 --> 01:58:56,751
have a lot of respect. For

3624
01:58:56,751 --> 01:58:57,953
previous planning commission

3625
01:58:57,953 --> 01:58:59,488
decisions and things like that,

3626
01:58:59,488 --> 01:59:00,922
so I have to put a different

3627
01:59:00,922 --> 01:59:03,158
hat on tonight, and I have to

3628
01:59:03,158 --> 01:59:04,693
be, put the hat on that says,

3629
01:59:04,693 --> 01:59:07,290
if this would have came before

3630
01:59:07,290 --> 01:59:09,865
me and they would have asked.

3631
01:59:09,865 --> 01:59:13,769
For a hot tub for a patio. Uh,

3632
01:59:13,769 --> 01:59:15,537
would I be inclined To support

3633
01:59:15,537 --> 01:59:15,871
it and, and, you know, at the

3634
01:59:15,871 --> 01:59:17,606
same time we

3635
01:59:17,606 --> 01:59:18,941
ve had a lot of

3636
01:59:18,941 --> 01:59:20,442
discussions. Our, our goal is

3637
01:59:20,442 --> 01:59:21,910
to try and preserve the

3638
01:59:21,910 --> 01:59:23,378
character of the lake to

3639
01:59:23,378 --> 01:59:25,214
preserve the setback, the

3640
01:59:25,214 --> 01:59:26,248
drainages, and, and a lot of

3641
01:59:26,248 --> 01:59:26,882
these things go against a lot

3642
01:59:26,882 --> 01:59:27,349
of the things we

3643
01:59:27,349 --> 01:59:28,217
ve been trying

3644
01:59:28,217 --> 01:59:28,684
to do, at least I

3645
01:59:28,684 --> 01:59:29,551
ve been

3646
01:59:29,551 --> 01:59:31,530
trying to do when I

3647
01:59:31,530 --> 01:59:33,530
ve been on

3648
01:59:34,823 --> 01:59:35,130
the planning commission, um.

3649
01:59:35,130 --> 01:59:37,130
It

3650
01:59:37,226 --> 01:59:37,426
s a very uh small lot. Um,

3651
01:59:37,426 --> 01:59:38,727
there

3652
01:59:38,727 --> 01:59:39,628
s not really a lot of

3653
01:59:39,628 --> 01:59:42,164
space between the house and the

3654
01:59:42,164 --> 01:59:45,434
lake. Um, so when you start

3655
01:59:45,434 --> 01:59:46,936
talking about drainage. Uh, the

3656
01:59:46,936 --> 01:59:47,937
chance for the water to to not

3657
01:59:47,937 --> 01:59:48,204
go into the lake. There

3658
01:59:48,204 --> 01:59:50,204
s not

3659
01:59:51,741 --> 01:59:54,443
much of an opportunity. Um, so

3660
01:59:54,443 --> 01:59:55,945
from a standpoint of um. When I

3661
01:59:55,945 --> 01:59:57,847
first looked at this, I, I was,

3662
01:59:57,847 --> 01:59:58,714
I was kind of disappointed, you

3663
01:59:58,714 --> 02:00:00,816
know, that some of these things

3664
02:00:00,816 --> 02:00:02,418
went in there, the patio, the

3665
02:00:02,418 --> 02:00:03,252
hot tub, but yet at the same

3666
02:00:03,252 --> 02:00:05,721
time when I look at this, I

3667
02:00:05,721 --> 02:00:08,910
think. You can just, you know,

3668
02:00:08,910 --> 02:00:08,958
people that are on the lakes,

3669
02:00:08,958 --> 02:00:10,893
they wanna sit towards the

3670
02:00:10,893 --> 02:00:11,527
lakeside. It kind of common

3671
02:00:11,527 --> 02:00:13,763
sense patio makes sense, but

3672
02:00:13,763 --> 02:00:17,200
you also have a deck, so you do

3673
02:00:17,200 --> 02:00:19,350
have the, the, a, a, a way to

3674
02:00:19,350 --> 02:00:19,469
actually uh look at the lake, I

3675
02:00:19,469 --> 02:00:21,270
guess if if you

3676
02:00:21,270 --> 02:00:22,372
re on the deck.

3677
02:00:22,372 --> 02:00:22,905
And, and so basically when I

3678
02:00:22,905 --> 02:00:23,239
look at this, I

3679
02:00:23,239 --> 02:00:25,141
m, I

3680
02:00:25,141 --> 02:00:27,430
m having a

3681
02:00:27,430 --> 02:00:28,770
hard time supporting, um, the

3682
02:00:28,770 --> 02:00:30,213
variances and agreeing with, I

3683
02:00:30,213 --> 02:00:32,816
tend to agree with staff that

3684
02:00:32,816 --> 02:00:34,851
in a way, I think in a perfect

3685
02:00:34,851 --> 02:00:36,753
world, the nonconformity would

3686
02:00:36,753 --> 02:00:37,120
be removed and I, I just don

3687
02:00:37,120 --> 02:00:38,880
t

3688
02:00:38,880 --> 02:00:40,488
support the Bavariances, the 3

3689
02:00:40,623 --> 02:00:41,457
of the 4 variances I do support

3690
02:00:41,457 --> 02:00:44,457
the deck variants, as staff

3691
02:00:49,799 --> 02:00:51,101
said. MR. Anderson, all right,

3692
02:00:51,101 --> 02:00:51,263
thank you, uh, Chair John. I,

3693
02:00:51,263 --> 02:00:52,235
I

3694
02:00:52,235 --> 02:00:53,536
ll just weigh in with my two

3695
02:00:53,536 --> 02:00:53,937
cents on this too. I

3696
02:00:53,937 --> 02:00:55,839
m kind of

3697
02:00:55,839 --> 02:00:56,539
probably along the same lines

3698
02:00:56,539 --> 02:00:58,241
as Commissioner Solomonson, you

3699
02:00:58,241 --> 02:00:58,808
know, when you think about

3700
02:00:58,808 --> 02:00:59,242
unique circumstances, it

3701
02:00:59,242 --> 02:00:59,409
s,

3702
02:00:59,409 --> 02:01:00,810
it

3703
02:01:00,810 --> 02:01:03,513
s not created by a property

3704
02:01:03,513 --> 02:01:03,665
owner, right? And, and although

3705
02:01:03,665 --> 02:01:04,981
I

3706
02:01:04,981 --> 02:01:05,982
ve huge sympathy for the fact

3707
02:01:05,982 --> 02:01:07,151
that you didn

3708
02:01:07,151 --> 02:01:09,190
t create this

3709
02:01:09,190 --> 02:01:10,887
unique circumstances. It It was

3710
02:01:10,887 --> 02:01:12,455
they were created by the by a

3711
02:01:12,455 --> 02:01:12,656
property owner, right? So,

3712
02:01:12,656 --> 02:01:13,790
That

3713
02:01:13,790 --> 02:01:16,790
s kind of the conundrum

3714
02:01:19,329 --> 02:01:21,365
here. Um um. Uh Yeah, I do

3715
02:01:21,365 --> 02:01:22,799
recognize and appreciate, uh,

3716
02:01:22,799 --> 02:01:24,267
the point that there is really

3717
02:01:24,267 --> 02:01:25,602
no effective way to get this to

3718
02:01:25,602 --> 02:01:27,300
25%, and I don

3719
02:01:27,300 --> 02:01:28,138
t think that was,

3720
02:01:28,138 --> 02:01:31,275
uh, the spirit of the intent or

3721
02:01:31,275 --> 02:01:32,709
even, even the mandate of the

3722
02:01:32,709 --> 02:01:34,709
previous planning commission

3723
02:01:34,711 --> 02:01:36,180
decision to allow for 35%

3724
02:01:36,180 --> 02:01:37,614
because it was recognized that

3725
02:01:37,614 --> 02:01:39,516
is probably a number that needs

3726
02:01:39,516 --> 02:01:40,884
to exist on this property to

3727
02:01:40,884 --> 02:01:43,287
allow for a driveway and house

3728
02:01:43,287 --> 02:01:44,722
and, and things on a smaller

3729
02:01:44,722 --> 02:01:46,900
nature or uh to accommodate a

3730
02:01:46,900 --> 02:01:49,900
smaller, a smaller lot, I

3731
02:01:49,393 --> 02:01:51,161
should say, um. So to me, uh,

3732
02:01:51,161 --> 02:01:52,663
you know, getting it back to

3733
02:01:52,663 --> 02:01:53,330
that 35% is reasonable. I think

3734
02:01:53,330 --> 02:01:55,699
the problem that I have is

3735
02:01:55,699 --> 02:01:56,300
there is a bit of a, there

3736
02:01:56,300 --> 02:01:58,300
s a

3737
02:01:59,770 --> 02:02:02,770
preference in where that. Uh,

3738
02:02:03,374 --> 02:02:04,775
impervious surface lies, um.

3739
02:02:04,775 --> 02:02:05,342
Previously, it was not Lakeside,

3740
02:02:05,342 --> 02:02:06,844
now it

3741
02:02:06,844 --> 02:02:07,211
s Lakeside. We

3742
02:02:07,211 --> 02:02:09,146
ve heard

3743
02:02:09,146 --> 02:02:11,816
from uh a city engineer or or

3744
02:02:11,816 --> 02:02:13,818
uh. I think it was a city

3745
02:02:13,818 --> 02:02:14,719
engineer that had had spoken to

3746
02:02:14,719 --> 02:02:16,454
impervious runoff Lakeside, and,

3747
02:02:16,454 --> 02:02:18,556
and that, that, that does make

3748
02:02:18,556 --> 02:02:22,156
a difference, and, and we are

3749
02:02:22,160 --> 02:02:24,495
sensitive to that, um. I, I

3750
02:02:24,495 --> 02:02:26,197
will say also that the, the

3751
02:02:26,197 --> 02:02:26,964
short term rental, uh, is

3752
02:02:26,964 --> 02:02:27,431
irrelevant to me. It

3753
02:02:27,431 --> 02:02:27,565
s, I

3754
02:02:27,565 --> 02:02:28,799
ve

3755
02:02:28,799 --> 02:02:31,769
been up here long enough and

3756
02:02:31,769 --> 02:02:32,403
heard enough of this, uh, these

3757
02:02:32,403 --> 02:02:33,738
type of proceedings that uh

3758
02:02:33,738 --> 02:02:33,863
please know that that doesn

3759
02:02:33,863 --> 02:02:35,206
t

3760
02:02:35,206 --> 02:02:37,108
really weigh into any of our

3761
02:02:37,108 --> 02:02:37,229
decisions in regards to what

3762
02:02:37,229 --> 02:02:38,976
s

3763
02:02:38,976 --> 02:02:40,440
before us tonight. Um, with all

3764
02:02:40,440 --> 02:02:42,280
of that said, I, you know, I

3765
02:02:42,280 --> 02:02:45,183
again, I come, I come back to

3766
02:02:45,183 --> 02:02:46,718
that, uh, not created by a

3767
02:02:46,718 --> 02:02:46,884
property owner and, and I just

3768
02:02:46,884 --> 02:02:48,884
don

3769
02:02:49,530 --> 02:02:49,721
t see how, although I

3770
02:02:49,721 --> 02:02:49,860
appreciate it and, and again,

3771
02:02:49,860 --> 02:02:51,860
I

3772
02:02:53,224 --> 02:02:54,559
m very pathetic and, and, uh,

3773
02:02:54,559 --> 02:02:55,527
feel bad for the situation. I

3774
02:02:55,527 --> 02:02:56,995
can only imagine how

3775
02:02:56,995 --> 02:02:58,329
frustrating it is to buy into

3776
02:02:58,329 --> 02:02:59,497
something, come to find out

3777
02:02:59,497 --> 02:02:59,898
after the fact that there

3778
02:02:59,898 --> 02:03:01,699
s a

3779
02:03:01,699 --> 02:03:02,333
problem there and then it has

3780
02:03:02,333 --> 02:03:04,733
to be rectified. We

3781
02:03:04,769 --> 02:03:06,769
ve had

3782
02:03:07,138 --> 02:03:09,207
Permitting issues come before

3783
02:03:09,207 --> 02:03:10,750
us when there are existing

3784
02:03:10,750 --> 02:03:11,576
homeowners that don

3785
02:03:11,576 --> 02:03:12,770
t do things

3786
02:03:12,770 --> 02:03:12,911
properly and that

3787
02:03:12,911 --> 02:03:14,911
s hard enough.

3788
02:03:15,480 --> 02:03:16,848
And so I am, I, I do apologize

3789
02:03:16,848 --> 02:03:16,964
for the situation that you

3790
02:03:16,964 --> 02:03:18,964
re

3791
02:03:22,154 --> 02:03:23,121
in, but that being said, Uh,

3792
02:03:23,121 --> 02:03:23,588
that unique circumstance is

3793
02:03:23,588 --> 02:03:24,956
kind of, it

3794
02:03:24,956 --> 02:03:26,525
s one of the three

3795
02:03:26,525 --> 02:03:28,727
pillars, and we have to be, in

3796
02:03:28,727 --> 02:03:30,762
my opinion, very, uh, very true

3797
02:03:30,762 --> 02:03:32,297
to it, and so for those reasons,

3798
02:03:32,297 --> 02:03:32,664
I would support the staff

3799
02:03:32,664 --> 02:03:33,332
s

3800
02:03:33,332 --> 02:03:35,732
recommendations as a precedent

3801
02:03:38,103 --> 02:03:38,370
tonight. MR. Cortis. So I, I

3802
02:03:38,370 --> 02:03:40,370
guess I

3803
02:03:42,107 --> 02:03:44,243
m just. Curious, you

3804
02:03:44,243 --> 02:03:45,144
know, uh, they. Staff, they,

3805
02:03:45,144 --> 02:03:45,544
they, you know, they

3806
02:03:45,544 --> 02:03:47,112
ve come

3807
02:03:47,112 --> 02:03:47,746
and said if we get rid of

3808
02:03:47,746 --> 02:03:48,460
everything and tear up, we

3809
02:03:48,460 --> 02:03:48,847
still aren

3810
02:03:48,847 --> 02:03:51,847
t going to be at

3811
02:03:54,520 --> 02:03:56,452
that 30%. Coverage. And nowhere

3812
02:03:58,900 --> 02:04:00,492
near 25. I mean, if we pass 25%

3813
02:04:00,492 --> 02:04:01,994
is it seems like 25 with

3814
02:04:01,994 --> 02:04:03,495
lakeside access and 30% with no

3815
02:04:03,495 --> 02:04:05,464
leg side accessory structure. I

3816
02:04:05,464 --> 02:04:07,320
mean, what else are they

3817
02:04:07,320 --> 02:04:07,833
tearing up or are those numbers

3818
02:04:07,833 --> 02:04:09,935
wrong? Where are we kind of,

3819
02:04:09,935 --> 02:04:10,236
what? I mean, what

3820
02:04:10,236 --> 02:04:12,236
s the result

3821
02:04:12,738 --> 02:04:12,938
of Of that based on what

3822
02:04:12,938 --> 02:04:13,706
they

3823
02:04:13,706 --> 02:04:13,906
re telling us versus

3824
02:04:13,906 --> 02:04:14,940
what

3825
02:04:14,940 --> 02:04:17,340
s in the, the

3826
02:04:18,410 --> 02:04:20,810
recommendations from staff. Uh,

3827
02:04:21,247 --> 02:04:23,148
So just to clarify, with the

3828
02:04:23,148 --> 02:04:25,518
removal of the lakeside

3829
02:04:25,518 --> 02:04:27,918
accessory structure, uh, they

3830
02:04:29,488 --> 02:04:31,657
would be subject to the

3831
02:04:31,657 --> 02:04:33,657
Previously approved impervious

3832
02:04:33,759 --> 02:04:35,759
surface coverage percentage

3833
02:04:36,228 --> 02:04:39,131
from 2003. So they would be

3834
02:04:39,131 --> 02:04:40,533
required to, or they would be

3835
02:04:40,533 --> 02:04:41,434
held to that because that

3836
02:04:41,434 --> 02:04:44,434
structure is no longer present

3837
02:04:47,140 --> 02:04:49,742
on the property. What is that,

3838
02:04:49,742 --> 02:04:53,942
the patio and the hot tub? Or

3839
02:04:56,849 --> 02:04:58,317
just the hot tub. Both. So if

3840
02:04:58,317 --> 02:05:01,917
we do the 25%, they have to

3841
02:05:02,188 --> 02:05:05,788
tear out the the entire patio.

3842
02:05:05,925 --> 02:05:08,561
No, so the With the

3843
02:05:08,561 --> 02:05:10,630
introduction of a lakeside

3844
02:05:10,630 --> 02:05:12,463
accessory structure that puts

3845
02:05:15,268 --> 02:05:15,468
them at the 25%. So Because

3846
02:05:15,468 --> 02:05:17,468
they

3847
02:05:18,204 --> 02:05:20,604
re already present. They

3848
02:05:21,775 --> 02:05:21,975
would need a variance. Because

3849
02:05:21,975 --> 02:05:23,975
they

3850
02:05:25,612 --> 02:05:28,120
re asking for an

3851
02:05:28,448 --> 02:05:30,448
additional 10.% above that 25%.

3852
02:05:31,518 --> 02:05:32,850
So if they get rid of those.

3853
02:05:32,850 --> 02:05:33,920
Then they

3854
02:05:33,920 --> 02:05:35,389
re going to be put

3855
02:05:35,389 --> 02:05:37,357
back into that category that

3856
02:05:37,357 --> 02:05:38,325
they were already approved at

3857
02:05:38,325 --> 02:05:40,260
in 2003, and they

3858
02:05:40,260 --> 02:05:42,260
re going to

3859
02:05:47,467 --> 02:05:49,200
be subject to the 35.6%. Ok, so

3860
02:05:49,200 --> 02:05:49,369
the, the staff

3861
02:05:49,369 --> 02:05:50,337
s recommendation

3862
02:05:50,337 --> 02:05:51,905
is essentially they, they have

3863
02:05:51,905 --> 02:05:53,707
to tear out the entirety of the

3864
02:05:53,707 --> 02:05:53,874
patio, and I think the hot

3865
02:05:53,874 --> 02:05:54,675
tub

3866
02:05:54,675 --> 02:05:57,675
s gone either either way,

3867
02:06:01,748 --> 02:06:05,348
but Is that correct? Yes, ok.

3868
02:06:05,819 --> 02:06:06,720
Commissioner Halligan. When you

3869
02:06:06,720 --> 02:06:09,890
buy a lake property, you want

3870
02:06:09,890 --> 02:06:11,191
to be able to enjoy the lake. I

3871
02:06:11,191 --> 02:06:11,341
would want to enjoy the lake.

3872
02:06:11,341 --> 02:06:13,293
I

3873
02:06:13,293 --> 02:06:14,361
m ok with having a patio. And

3874
02:06:14,361 --> 02:06:18,561
I think they made a good faith

3875
02:06:21,100 --> 02:06:24,100
effort to comply. Somebody else.

3876
02:06:28,976 --> 02:06:29,877
Ok. Fisher West, I

3877
02:06:29,877 --> 02:06:31,877
ll get my 2

3878
02:06:32,947 --> 02:06:34,682
cents. Um, I concur with what

3879
02:06:34,682 --> 02:06:37,820
Commissioner Anderson and MR.

3880
02:06:37,885 --> 02:06:40,254
Commissioner Sullivan said, um,

3881
02:06:40,254 --> 02:06:40,921
Not a good result, but sounds

3882
02:06:40,921 --> 02:06:42,757
like people are intelligent

3883
02:06:42,757 --> 02:06:43,891
enough, they should have known

3884
02:06:43,891 --> 02:06:44,392
better to check these types of

3885
02:06:44,392 --> 02:06:44,658
things. Um, if you

3886
02:06:44,658 --> 02:06:45,693
re going to

3887
02:06:45,693 --> 02:06:47,495
be a homeowner, you need to be

3888
02:06:47,495 --> 02:06:48,462
the respon do the

3889
02:06:48,462 --> 02:06:50,862
responsibility of a homeowner.

3890
02:06:51,980 --> 02:06:51,299
Um, so I would go with the

3891
02:06:51,299 --> 02:06:53,299
staff

3892
02:07:00,541 --> 02:07:01,809
s report recommendations.

3893
02:07:01,809 --> 02:07:05,409
Just say I concur with Steph.

3894
02:07:05,480 --> 02:07:07,215
So thank you. Do we have a

3895
02:07:07,215 --> 02:07:09,215
motion then. I

3896
02:07:09,917 --> 02:07:10,952
ll move. Mission

3897
02:07:10,952 --> 02:07:14,856
West Ead. Let me get my right

3898
02:07:14,856 --> 02:07:16,424
screen here. All right. Uh, do

3899
02:07:16,424 --> 02:07:18,726
you want us to do these all as

3900
02:07:18,726 --> 02:07:20,895
one with the. As presented in

3901
02:07:20,895 --> 02:07:21,529
the packet. Or do you want us

3902
02:07:21,529 --> 02:07:25,129
to split the denial and the

3903
02:07:28,703 --> 02:07:29,537
approval. That

3904
02:07:29,537 --> 02:07:31,537
s a good

3905
02:07:31,739 --> 02:07:33,608
question, um, MR. Chair and

3906
02:07:33,608 --> 02:07:35,577
Commissioner Wested, um, I

3907
02:07:35,577 --> 02:07:37,450
think we can go ahead and try

3908
02:07:37,450 --> 02:07:37,245
it as stated, and, and if

3909
02:07:37,245 --> 02:07:38,113
that

3910
02:07:38,113 --> 02:07:39,180
s not confusing, we can

3911
02:07:39,180 --> 02:07:39,381
move forward with that if it

3912
02:07:39,381 --> 02:07:40,482
s

3913
02:07:40,482 --> 02:07:41,850
confusing, we can break them up

3914
02:07:41,850 --> 02:07:41,958
if that makes sense, but let

3915
02:07:41,958 --> 02:07:42,784
s

3916
02:07:42,784 --> 02:07:43,885
try that first. Great, thank

3917
02:07:43,885 --> 02:07:46,321
you. I would actually kind of

3918
02:07:46,321 --> 02:07:47,756
request we break them up.

3919
02:07:47,756 --> 02:07:50,756
Because I have different votes

3920
02:07:50,959 --> 02:07:51,293
for them. I think that

3921
02:07:51,293 --> 02:07:52,293
s fine

3922
02:07:52,293 --> 02:07:52,827
too as long as it

3923
02:07:52,827 --> 02:07:52,994
s clear what

3924
02:07:52,994 --> 02:07:53,562
we

3925
02:07:53,562 --> 02:07:56,331
re voting on, you can, we

3926
02:07:56,331 --> 02:08:00,531
can split them up. Ok. So I

3927
02:08:01,703 --> 02:08:03,271
will. Move to deny the

3928
02:08:03,271 --> 02:08:04,639
following 3 variants submitted

3929
02:08:04,639 --> 02:08:06,942
by Robert Fried regarding the

3930
02:08:06,942 --> 02:08:09,942
property at 804 County Road I,

3931
02:08:10,913 --> 02:08:12,281
each to maintain a patio,

3932
02:08:12,281 --> 02:08:14,281
water-oriented sex accessory

3933
02:08:18,860 --> 02:08:19,210
structure, one variants to

3934
02:08:19,210 --> 02:08:21,210
development code section

3935
02:08:21,230 --> 02:08:23,859
115-155b3a2 to exceed the

3936
02:08:23,859 --> 02:08:26,259
allowed impervious surface of

3937
02:08:26,962 --> 02:08:27,529
25% to variants to the

3938
02:08:27,529 --> 02:08:29,529
development code section

3939
02:08:30,866 --> 02:08:31,400
115-149. See a water, a

3940
02:08:31,400 --> 02:08:33,268
water-oriented accessory

3941
02:08:33,268 --> 02:08:35,710
structure MAY exist between the

3942
02:08:35,710 --> 02:08:35,771
ordinary high water and the

3943
02:08:35,771 --> 02:08:37,940
required structure setback so

3944
02:08:37,940 --> 02:08:40,376
long as it does not encroach

3945
02:08:40,376 --> 02:08:42,311
into the shore impact zone, 25

3946
02:08:42,311 --> 02:08:45,281
ft from the ordinary high water

3947
02:08:45,281 --> 02:08:47,650
line, the existing patio is

3948
02:08:47,650 --> 02:08:50,650
within the shore impact zone,

3949
02:08:52,588 --> 02:08:54,790
and 3 variants to development

3950
02:08:54,790 --> 02:08:57,590
code 115-149c3d, the patio has

3951
02:08:57,590 --> 02:09:00,296
a side setback that is 10 ft ft

3952
02:09:00,296 --> 02:09:01,297
rather than 20 required for.

3953
02:09:01,297 --> 02:09:03,297
The water-oriented structure.

3954
02:09:03,666 --> 02:09:04,200
This action is based on the

3955
02:09:04,200 --> 02:09:06,200
finding that practical

3956
02:09:06,502 --> 02:09:07,971
difficulty is not present. The

3957
02:09:07,971 --> 02:09:09,405
patio was not lawfully

3958
02:09:09,405 --> 02:09:11,805
established by the previous

3959
02:09:11,807 --> 02:09:13,209
owner, thereby making it an

3960
02:09:13,209 --> 02:09:15,211
illegal nonconforming, and the

3961
02:09:15,211 --> 02:09:16,679
desire to maintain the patio at

3962
02:09:16,679 --> 02:09:18,648
its current size and location,

3963
02:09:18,648 --> 02:09:20,983
a matter of preference rather

3964
02:09:20,983 --> 02:09:21,150
than a unique circumstance.

3965
02:09:21,150 --> 02:09:23,150
It

3966
02:09:25,210 --> 02:09:25,521
s been moved. It

3967
02:09:25,521 --> 02:09:26,823
s been

3968
02:09:26,823 --> 02:09:28,357
moved in 2nd, Commissioner

3969
02:09:28,357 --> 02:09:28,758
Cortis. Yeah, since I, I didn

3970
02:09:28,758 --> 02:09:29,760
t,

3971
02:09:29,760 --> 02:09:29,959
I asked some questions, but I

3972
02:09:29,959 --> 02:09:31,959
didn

3973
02:09:32,728 --> 02:09:32,863
t give my two cents. Um,

3974
02:09:32,863 --> 02:09:33,696
I

3975
02:09:33,696 --> 02:09:35,498
m, I

3976
02:09:35,498 --> 02:09:37,898
m in support of

3977
02:09:39,402 --> 02:09:40,403
everything other than the uh

3978
02:09:40,403 --> 02:09:42,205
impervious surface request here

3979
02:09:42,205 --> 02:09:44,674
and, and having them narrow the

3980
02:09:44,674 --> 02:09:44,788
patio down. I, I think that

3981
02:09:44,788 --> 02:09:46,643
s

3982
02:09:46,643 --> 02:09:49,643
reasonable, um, looking at what

3983
02:09:50,130 --> 02:09:52,413
was improved, approved in 2003,

3984
02:09:53,283 --> 02:09:54,250
it did, you know, there is a, a

3985
02:09:54,250 --> 02:09:57,870
portion of that concrete that

3986
02:09:57,870 --> 02:09:58,755
is in the back, that is there,

3987
02:09:58,755 --> 02:10:00,423
uh, and counts as impervious

3988
02:10:00,423 --> 02:10:02,692
surface underneath there, going

3989
02:10:02,692 --> 02:10:05,662
around the house, uh. And you

3990
02:10:05,662 --> 02:10:06,596
know, if the only difference

3991
02:10:06,596 --> 02:10:07,931
between that 35% and what we

3992
02:10:07,931 --> 02:10:09,990
re

3993
02:10:09,990 --> 02:10:10,300
looking at today is some of the

3994
02:10:10,300 --> 02:10:12,702
concrete in the front and side

3995
02:10:12,702 --> 02:10:15,138
of the house being shifted

3996
02:10:15,138 --> 02:10:16,540
proportionally to a bigger

3997
02:10:16,540 --> 02:10:20,140
driveway and to the um patio

3998
02:10:20,243 --> 02:10:20,376
deck. I, I think it

3999
02:10:20,376 --> 02:10:21,712
s

4000
02:10:21,712 --> 02:10:23,800
disingenuous of us to say that

4001
02:10:23,800 --> 02:10:23,280
that portion in the back

4002
02:10:23,280 --> 02:10:24,181
doesn

4003
02:10:24,181 --> 02:10:25,716
t get to count anymore,

4004
02:10:25,716 --> 02:10:27,417
and that they have to entirely

4005
02:10:27,417 --> 02:10:29,853
remove something in the back

4006
02:10:29,853 --> 02:10:31,655
when a prior commission

4007
02:10:31,655 --> 02:10:31,922
approved up to 35.6%. So I

4008
02:10:31,922 --> 02:10:33,922
think we

4009
02:10:34,157 --> 02:10:34,992
re kind of Splitting

4010
02:10:34,992 --> 02:10:36,260
some hairs here by saying you

4011
02:10:36,260 --> 02:10:36,193
could have had that, but you

4012
02:10:36,193 --> 02:10:38,193
can

4013
02:10:39,263 --> 02:10:41,632
t have. A portion of your

4014
02:10:41,632 --> 02:10:42,132
deck back there. So that

4015
02:10:42,132 --> 02:10:43,534
s why

4016
02:10:43,534 --> 02:10:44,968
I will vote against that one,

4017
02:10:44,968 --> 02:10:46,603
but in favor of the others.

4018
02:10:46,603 --> 02:10:48,806
Thank you, MS. Hill. You had

4019
02:10:48,806 --> 02:10:51,806
something that MR. Harris. Uh,

4020
02:10:52,676 --> 02:10:54,545
yes, just to clarify, um, the,

4021
02:10:54,545 --> 02:10:57,915
the image shown on screen on

4022
02:10:57,915 --> 02:10:59,850
the right hand side. Those were

4023
02:10:59,850 --> 02:11:02,250
the existing conditions prior

4024
02:11:02,720 --> 02:11:04,655
to the mitigation affidavit. So

4025
02:11:04,655 --> 02:11:06,560
the impervious surface coverage

4026
02:11:06,560 --> 02:11:09,160
that existed at the time of

4027
02:11:09,160 --> 02:11:11,128
that survey along. The southern

4028
02:11:11,128 --> 02:11:13,197
portion of the existing home,

4029
02:11:13,197 --> 02:11:16,434
the, uh, left-hand side of the

4030
02:11:16,434 --> 02:11:18,302
existing home, that concrete

4031
02:11:18,302 --> 02:11:19,937
path that was removed as a part

4032
02:11:19,937 --> 02:11:22,337
of that mitigation affidavit.

4033
02:11:26,477 --> 02:11:28,877
So, um, The 35.6% approved

4034
02:11:30,748 --> 02:11:32,150
coverage, um, That does not

4035
02:11:32,150 --> 02:11:35,750
include what is shown on screen

4036
02:11:36,870 --> 02:11:36,687
on the right-hand side. Ok,

4037
02:11:36,687 --> 02:11:37,488
then I still don

4038
02:11:37,488 --> 02:11:39,888
t get how we

4039
02:11:43,940 --> 02:11:44,162
get to your math. Like I, I. I

4040
02:11:44,162 --> 02:11:45,964
mean they made the, the, the

4041
02:11:45,964 --> 02:11:48,364
current house makes the

4042
02:11:49,267 --> 02:11:49,734
driveway bigger, and the patio.

4043
02:11:49,734 --> 02:11:51,636
I don

4044
02:11:51,636 --> 02:11:54,372
t get how you get down to

4045
02:11:54,372 --> 02:11:56,241
25%. Even with that, based upon

4046
02:11:56,241 --> 02:11:56,508
this. Can

4047
02:11:56,508 --> 02:11:57,742
t. You can

4048
02:11:57,742 --> 02:11:59,742
t. I mean,

4049
02:11:59,911 --> 02:12:00,278
I, I mean, That

4050
02:12:00,278 --> 02:12:01,813
s the problem

4051
02:12:01,813 --> 02:12:02,781
is like, I mean, then you also

4052
02:12:02,781 --> 02:12:04,783
are saying they have to take

4053
02:12:04,783 --> 02:12:07,850
out a portion of their driveway

4054
02:12:07,850 --> 02:12:08,553
and that side piece, correct? I

4055
02:12:08,553 --> 02:12:09,120
mean, this is the, the math

4056
02:12:09,120 --> 02:12:10,210
part I can

4057
02:12:10,210 --> 02:12:12,324
t get to the

4058
02:12:12,324 --> 02:12:13,910
regulation is made to help

4059
02:12:13,910 --> 02:12:15,491
protect the lakeside property

4060
02:12:16,294 --> 02:12:18,863
and to protect. Just scale of

4061
02:12:18,863 --> 02:12:20,131
development on a property. So

4062
02:12:20,131 --> 02:12:21,266
the 25% impervious surface

4063
02:12:21,266 --> 02:12:23,768
coverage is meant to scale to

4064
02:12:23,768 --> 02:12:27,572
the size of a property. And as

4065
02:12:27,572 --> 02:12:29,407
was mentioned. This property is

4066
02:12:29,407 --> 02:12:30,475
smaller. What is there now is

4067
02:12:30,475 --> 02:12:32,277
scaled larger, so even if they

4068
02:12:32,277 --> 02:12:33,450
were to remove, you know, put

4069
02:12:33,450 --> 02:12:33,578
the driveway down

4070
02:12:33,578 --> 02:12:35,180
proportionally. It was

4071
02:12:35,180 --> 02:12:37,149
mentioned that they could get

4072
02:12:37,149 --> 02:12:40,749
down to 32%. The 25% MAY not be.

4073
02:12:40,919 --> 02:12:42,287
A realistic goal just based on

4074
02:12:42,287 --> 02:12:43,722
what is on the property and

4075
02:12:43,722 --> 02:12:44,523
what the size of the property

4076
02:12:44,523 --> 02:12:45,324
is, but that doesn

4077
02:12:45,324 --> 02:12:46,124
t change

4078
02:12:46,124 --> 02:12:46,391
what our regulations are and

4079
02:12:46,391 --> 02:12:47,292
what they

4080
02:12:47,292 --> 02:12:48,260
re meant to protect

4081
02:12:48,260 --> 02:12:49,610
either, but that is why they

4082
02:12:49,610 --> 02:12:49,761
re

4083
02:12:49,761 --> 02:12:52,161
going through the variance

4084
02:12:53,365 --> 02:12:55,934
process so you can. See if that

4085
02:12:55,934 --> 02:12:57,302
meets that unique definition.

4086
02:12:57,302 --> 02:12:59,302
Unique circumstances definition

4087
02:12:59,705 --> 02:13:00,773
or not, but it, it could be

4088
02:13:00,773 --> 02:13:01,607
that they reasonably can

4089
02:13:01,607 --> 02:13:03,607
t get

4090
02:13:03,742 --> 02:13:03,868
to 25%, but is what they

4091
02:13:03,868 --> 02:13:05,110
re

4092
02:13:05,110 --> 02:13:06,145
doing enough and are there

4093
02:13:06,145 --> 02:13:06,249
reasons unique enough? That

4094
02:13:06,249 --> 02:13:07,680
s

4095
02:13:07,680 --> 02:13:09,348
up for the commission to

4096
02:13:09,348 --> 02:13:10,150
determine, right, but I mean,

4097
02:13:10,150 --> 02:13:10,349
my problem is I don

4098
02:13:10,349 --> 02:13:12,349
t see how

4099
02:13:13,452 --> 02:13:15,621
they even get to the 30%.

4100
02:13:15,621 --> 02:13:16,880
Permitted. That

4101
02:13:16,880 --> 02:13:17,220
s, that

4102
02:13:17,220 --> 02:13:17,890
s the

4103
02:13:17,890 --> 02:13:18,858
math I don

4104
02:13:18,858 --> 02:13:20,250
t understand here is,

4105
02:13:20,250 --> 02:13:21,827
if I MAY, they don

4106
02:13:21,827 --> 02:13:23,827
t get there,

4107
02:13:23,829 --> 02:13:23,996
so like for example, so. If

4108
02:13:23,996 --> 02:13:24,998
you

4109
02:13:24,998 --> 02:13:27,998
re looking at the existing

4110
02:13:28,701 --> 02:13:30,503
right now on the left-hand side,

4111
02:13:30,503 --> 02:13:31,604
if you take away the patio and

4112
02:13:31,604 --> 02:13:33,406
the hot tub pieces, you

4113
02:13:33,406 --> 02:13:35,406
ll be

4114
02:13:35,941 --> 02:13:38,277
at that 36.5, which is what was

4115
02:13:38,277 --> 02:13:39,412
allowed in 2003. Because those

4116
02:13:39,412 --> 02:13:40,746
items were added without the

4117
02:13:40,746 --> 02:13:40,980
approval, they went over. So

4118
02:13:40,980 --> 02:13:42,548
what we

4119
02:13:42,548 --> 02:13:46,148
re trying to do is get

4120
02:13:46,185 --> 02:13:48,540
back to that 2003 approval, um,

4121
02:13:48,540 --> 02:13:49,488
Because that is what was given

4122
02:13:49,488 --> 02:13:51,424
because of the realization of

4123
02:13:51,424 --> 02:13:52,258
the planning commission at that

4124
02:13:52,258 --> 02:13:52,383
time, that 25% just wasn

4125
02:13:52,383 --> 02:13:54,260
t

4126
02:13:54,260 --> 02:13:55,628
feasible. So we

4127
02:13:55,628 --> 02:13:55,795
re trying,

4128
02:13:55,795 --> 02:13:56,596
we

4129
02:13:56,596 --> 02:13:56,896
re asking, we

4130
02:13:56,896 --> 02:13:58,464
re essentially

4131
02:13:58,464 --> 02:14:01,000
saying here they need to go

4132
02:14:01,000 --> 02:14:04,000
back to that 36, whatever, um,

4133
02:14:04,303 --> 02:14:06,139
amount. Sure, John, Ahmad, we

4134
02:14:06,139 --> 02:14:09,542
had a motion and we had a

4135
02:14:09,542 --> 02:14:10,376
second. Do we have a second? We

4136
02:14:10,376 --> 02:14:13,376
should edit his comment. I

4137
02:14:13,513 --> 02:14:15,482
think we Go to vote, MR. Chair,

4138
02:14:15,482 --> 02:14:17,160
who had the second just for

4139
02:14:17,160 --> 02:14:18,618
clarification, it was confusing

4140
02:14:18,618 --> 02:14:20,453
who, who did the second?

4141
02:14:20,453 --> 02:14:21,888
Solomon I did. You took me as a

4142
02:14:21,888 --> 02:14:22,455
second, ok, because you quickly

4143
02:14:22,455 --> 02:14:22,856
went to course that

4144
02:14:22,856 --> 02:14:23,620
s why I

4145
02:14:23,620 --> 02:14:24,357
wasn

4146
02:14:24,357 --> 02:14:25,725
t sure. Ok, you scared me

4147
02:14:25,725 --> 02:14:26,893
by saying that. Ok, I wanted to

4148
02:14:26,893 --> 02:14:28,528
make sure I was. I wanted to

4149
02:14:28,528 --> 02:14:30,263
make sure I was the 2nd. You

4150
02:14:30,263 --> 02:14:31,765
were the 2nd. Yes, thank you.

4151
02:14:31,765 --> 02:14:31,921
And, and MR. Chair, 00, I

4152
02:14:31,921 --> 02:14:33,921
ll

4153
02:14:35,350 --> 02:14:38,350
just. No more comments, ok.

4154
02:14:39,906 --> 02:14:40,874
Emotion in front of us is to

4155
02:14:40,874 --> 02:14:42,209
deny those three variances that

4156
02:14:42,209 --> 02:14:43,810
up right now Chair John, I

4157
02:14:43,810 --> 02:14:44,244
asked for a roll call vote on

4158
02:14:44,244 --> 02:14:46,244
that. Let

4159
02:14:46,913 --> 02:14:49,913
s do it. Roll call.

4160
02:14:54,588 --> 02:14:56,588
Please. Commissioner Ahmedabad.

4161
02:15:01,194 --> 02:15:03,363
Uh, Aye. Or Point, point of

4162
02:15:03,363 --> 02:15:06,990
order. Are we doing these by

4163
02:15:06,990 --> 02:15:08,499
individual 12, and 3. No that

4164
02:15:08,969 --> 02:15:12,973
was on the table. The motion is

4165
02:15:12,973 --> 02:15:16,573
all three of those. Items. Ok.

4166
02:15:16,777 --> 02:15:18,777
Commissioner Anderson. I

4167
02:15:19,113 --> 02:15:21,113
Commissioner Cortes.

4168
02:15:21,648 --> 02:15:23,648
Commissioner Helgen? No.

4169
02:15:24,180 --> 02:15:26,180
Commissioner Solomonson.

4170
02:15:27,121 --> 02:15:29,521
Commissioner West. Chair John.

4171
02:15:34,462 --> 02:15:36,897
I So motion passes 5 to 2. So

4172
02:15:36,897 --> 02:15:38,320
we still are sitting on one

4173
02:15:38,320 --> 02:15:38,866
last motion, Commissioner

4174
02:15:38,866 --> 02:15:40,167
Weston, thank you. I

4175
02:15:40,167 --> 02:15:42,167
d like to

4176
02:15:44,380 --> 02:15:45,940
move to adopt resolution 2668

4177
02:15:45,940 --> 02:15:47,700
approving the 17.9 ft structure

4178
02:15:47,700 --> 02:15:49,276
setback submitted by Robert

4179
02:15:49,276 --> 02:15:50,778
Fried at 804 County Road, I

4180
02:15:50,778 --> 02:15:52,280
West for the existing deck set

4181
02:15:52,280 --> 02:15:54,282
back on the property. Se

4182
02:15:54,282 --> 02:15:54,982
approval is subject to the 4

4183
02:15:54,982 --> 02:15:57,982
conditions listed in the staff

4184
02:15:59,887 --> 02:16:01,956
report. Second, it has been

4185
02:16:01,956 --> 02:16:03,591
moved and seconded. Any further

4186
02:16:03,591 --> 02:16:05,991
discussion on this motion.

4187
02:16:06,694 --> 02:16:08,129
Commissioner Hogan. This allows

4188
02:16:08,129 --> 02:16:08,429
the deck to remain, correct?

4189
02:16:08,429 --> 02:16:10,398
Yes, that

4190
02:16:10,398 --> 02:16:12,398
s. That

4191
02:16:15,169 --> 02:16:17,169
s the intent.

4192
02:16:17,605 --> 02:16:18,673
Seeing no other discussion. All

4193
02:16:18,673 --> 02:16:18,802
those in favor, well, let

4194
02:16:18,802 --> 02:16:20,802
s

4195
02:16:24,450 --> 02:16:26,140
just do a roll since we did it.

4196
02:16:26,140 --> 02:16:27,415
Commissioner Ahmedabad,

4197
02:16:27,415 --> 02:16:27,916
Commissioner Anderson,

4198
02:16:27,916 --> 02:16:29,916
Commissioner Cordes,

4199
02:16:31,386 --> 02:16:31,920
Commissioner Helgen.

4200
02:16:31,920 --> 02:16:32,620
Commissioner Solomonson

4201
02:16:32,620 --> 02:16:35,200
Commissioner West. And Cher

4202
02:16:39,594 --> 02:16:41,830
John. I Motion carries 70.

4203
02:16:41,830 --> 02:16:42,797
Again, decisions, uh, variances

4204
02:16:42,797 --> 02:16:43,465
are final decisions through the

4205
02:16:43,465 --> 02:16:45,865
planning commission, but there

4206
02:16:46,735 --> 02:16:47,702
is a Appeal process to the city

4207
02:16:47,702 --> 02:16:48,803
council within 5 business days

4208
02:16:48,803 --> 02:16:52,403
if you wish to appeal our

4209
02:16:54,800 --> 02:16:55,544
decision. Thank you. So that.

4210
02:16:55,544 --> 02:16:56,344
Um, if you wouldn

4211
02:16:56,344 --> 02:16:57,278
t mind just

4212
02:16:57,278 --> 02:16:59,678
staying after and addressing

4213
02:16:59,715 --> 02:16:59,872
with staff on that. And we

4214
02:16:59,872 --> 02:17:00,982
ll

4215
02:17:00,982 --> 02:17:04,582
just uh finish up the meeting

4216
02:17:05,220 --> 02:17:07,489
and then go from there. So that

4217
02:17:07,489 --> 02:17:09,992
takes us to item 8 on the

4218
02:17:09,992 --> 02:17:13,592
agenda, city. I lost my spot,

4219
02:17:14,262 --> 02:17:16,165
sorry. City councilor. Oh,

4220
02:17:16,165 --> 02:17:16,765
calendar assignments, any um

4221
02:17:16,765 --> 02:17:18,330
commissioners resigned or

4222
02:17:18,330 --> 02:17:19,935
anything like that? Anything

4223
02:17:19,935 --> 02:17:20,536
you want to share? I was gonna

4224
02:17:20,536 --> 02:17:22,936
wait till miscellaneous for

4225
02:17:22,938 --> 02:17:25,938
that 10, ok, sorry, I stepped

4226
02:17:27,109 --> 02:17:28,210
on your touchdown call. Um, But

4227
02:17:28,210 --> 02:17:29,645
for the city council

4228
02:17:29,645 --> 02:17:31,613
assignments, um, SEPTEMBER 8th,

4229
02:17:31,613 --> 02:17:32,414
which would be a Tuesday, would

4230
02:17:32,414 --> 02:17:33,582
be Commissioner Solomonson. So

4231
02:17:33,582 --> 02:17:37,182
if there were any appeals to

4232
02:17:37,519 --> 02:17:38,987
the variances. Um, It would

4233
02:17:38,987 --> 02:17:40,656
either be the 8th or the 21st,

4234
02:17:40,656 --> 02:17:43,325
which would be you, um, Chair

4235
02:17:43,325 --> 02:17:44,260
John, we will follow up

4236
02:17:44,260 --> 02:17:44,927
accordingly depending on

4237
02:17:44,927 --> 02:17:47,290
notification period on what,

4238
02:17:47,290 --> 02:17:51,229
which one we can hit if there

4239
02:17:52,902 --> 02:17:53,108
is an appeal. Ok. And then, yes,

4240
02:17:53,108 --> 02:17:55,108
they

4241
02:17:56,338 --> 02:17:58,738
re um. Under miscellaneous,

4242
02:17:59,575 --> 02:18:00,376
we do have a commissioner who

4243
02:18:00,376 --> 02:18:00,556
is resigning because they

4244
02:18:00,556 --> 02:18:01,544
re

4245
02:18:01,544 --> 02:18:04,544
moving out of Shoreview, so

4246
02:18:06,148 --> 02:18:08,150
this is their last meeting. And

4247
02:18:08,150 --> 02:18:09,218
so what I do want to take a

4248
02:18:09,218 --> 02:18:10,190
moment to recognize

4249
02:18:10,190 --> 02:18:11,354
Commissioner Anderson and thank

4250
02:18:11,354 --> 02:18:14,224
him for his 8 years of service

4251
02:18:14,224 --> 02:18:15,157
on the planning commission. He,

4252
02:18:15,157 --> 02:18:17,590
um, has been a thoughtful,

4253
02:18:17,590 --> 02:18:18,940
steady, and incredibly valuable

4254
02:18:18,940 --> 02:18:20,290
member of this commission, and

4255
02:18:20,290 --> 02:18:21,364
he has always brought a calm

4256
02:18:21,364 --> 02:18:22,331
perspective to discussions, as

4257
02:18:22,331 --> 02:18:22,966
thoughtful questions, and

4258
02:18:22,966 --> 02:18:25,201
genuinely cared about making

4259
02:18:25,201 --> 02:18:26,235
sure of you a great place. His

4260
02:18:26,235 --> 02:18:27,637
guidance through the

4261
02:18:27,637 --> 02:18:29,380
comprehensive planning process.

4262
02:18:29,380 --> 02:18:30,540
Previously, in particular, was

4263
02:18:30,540 --> 02:18:31,240
greatly appreciated and we will

4264
02:18:31,240 --> 02:18:33,676
MISS Him during this upcoming

4265
02:18:33,676 --> 02:18:35,745
round. But we are excited for

4266
02:18:35,745 --> 02:18:36,646
you in your next chapter and

4267
02:18:36,646 --> 02:18:39,916
You know, hopefully you do make

4268
02:18:39,916 --> 02:18:42,285
that curtain call back. Yeah, I

4269
02:18:42,285 --> 02:18:45,155
appreciate that. Uh, if I MAY,

4270
02:18:45,155 --> 02:18:46,890
yeah, so, uh, having spent 27

4271
02:18:46,890 --> 02:18:48,157
years of my life in this

4272
02:18:48,157 --> 02:18:49,920
community, I grew up here, uh,

4273
02:18:49,920 --> 02:18:49,459
as I like to say, and I

4274
02:18:49,459 --> 02:18:50,160
ve said

4275
02:18:50,160 --> 02:18:53,760
many times, played in the woods.

4276
02:18:54,397 --> 02:18:55,365
That are now the city, city

4277
02:18:55,365 --> 02:18:56,800
hall and the, and the wonderful

4278
02:18:56,800 --> 02:18:58,101
park we have over there, uh,

4279
02:18:58,101 --> 02:19:00,360
probably a lot more engaging

4280
02:19:00,360 --> 02:19:00,970
than the woods that I played in,

4281
02:19:00,970 --> 02:19:04,400
uh, with whatever kind of forts

4282
02:19:04,400 --> 02:19:07,911
we made up back in the day, um,

4283
02:19:07,911 --> 02:19:08,612
just really appreciate, uh, the

4284
02:19:08,612 --> 02:19:11,120
professionalism of city staff.

4285
02:19:12,616 --> 02:19:14,117
I mean, I think. You come to,

4286
02:19:14,117 --> 02:19:15,452
um, take it for granted maybe

4287
02:19:15,452 --> 02:19:16,520
sometimes, but you know, if you,

4288
02:19:16,520 --> 02:19:17,200
if you ever have a chance, and

4289
02:19:17,200 --> 02:19:17,687
I know we

4290
02:19:17,687 --> 02:19:19,687
ve got commissioners

4291
02:19:19,756 --> 02:19:21,691
that have served in other

4292
02:19:21,691 --> 02:19:23,327
cities too, um, take a look at

4293
02:19:23,327 --> 02:19:24,561
some other cities proceeding

4294
02:19:24,561 --> 02:19:25,562
sometime and just how, how

4295
02:19:25,562 --> 02:19:27,664
things are handled and just uh

4296
02:19:27,664 --> 02:19:29,533
the, the, again, the, the level

4297
02:19:29,533 --> 02:19:31,134
of detail and, and just skill

4298
02:19:31,134 --> 02:19:32,200
that we have, uh, working

4299
02:19:32,200 --> 02:19:32,936
within our city here. I really

4300
02:19:32,936 --> 02:19:34,771
appreciate all that you guys

4301
02:19:34,771 --> 02:19:34,905
have done over the years that

4302
02:19:34,905 --> 02:19:36,640
I

4303
02:19:36,640 --> 02:19:37,341
ve been on the uh on the

4304
02:19:37,341 --> 02:19:38,542
commission and the challenge

4305
02:19:38,542 --> 02:19:39,843
that I had was I said, you know,

4306
02:19:39,843 --> 02:19:41,212
obviously, uh, I think. One of

4307
02:19:41,212 --> 02:19:42,246
the, one of the best parts of

4308
02:19:42,246 --> 02:19:43,547
being on the planning

4309
02:19:43,547 --> 02:19:45,716
commission is going through

4310
02:19:45,716 --> 02:19:46,216
that comp plan process, uh,

4311
02:19:46,216 --> 02:19:46,417
Commissioner Solomonson

4312
02:19:46,417 --> 02:19:48,417
s been

4313
02:19:49,186 --> 02:19:52,230
through. This will be the 4th,

4314
02:19:52,230 --> 02:19:53,570
3rd, ok 10 years, yep, not

4315
02:19:53,570 --> 02:19:55,250
quite that far yet. You

4316
02:19:55,250 --> 02:19:55,993
re, uh,

4317
02:19:55,993 --> 02:19:57,761
uh, I apologize for, uh,

4318
02:19:57,761 --> 02:20:00,564
leaving you as the, the, the

4319
02:20:00,564 --> 02:20:00,965
sole, um. A person that

4320
02:20:00,965 --> 02:20:01,632
s been

4321
02:20:01,632 --> 02:20:02,900
through that process before,

4322
02:20:02,900 --> 02:20:03,434
but that is the, yeah, I really

4323
02:20:03,434 --> 02:20:04,335
do think that

4324
02:20:04,335 --> 02:20:05,690
s the fun of

4325
02:20:05,690 --> 02:20:06,737
being on this commission is

4326
02:20:06,737 --> 02:20:07,905
really getting to have a say in

4327
02:20:07,905 --> 02:20:09,940
what this, what this great city

4328
02:20:09,940 --> 02:20:11,976
looks like in the future, and

4329
02:20:11,976 --> 02:20:12,943
Um, I, I will MISS Being a part

4330
02:20:12,943 --> 02:20:14,913
of that process. I always

4331
02:20:14,913 --> 02:20:17,313
really look forward, looking

4332
02:20:17,581 --> 02:20:18,816
forward to it, um.

4333
02:20:18,816 --> 02:20:20,816
Unfortunately, uh, something

4334
02:20:21,520 --> 02:20:23,287
came up that, uh, you could say

4335
02:20:23,287 --> 02:20:24,540
doom scrolling, uh, real estate

4336
02:20:24,540 --> 02:20:26,557
sites as a negative consequence

4337
02:20:26,557 --> 02:20:26,991
to. Uh, sometimes, and this is

4338
02:20:26,991 --> 02:20:27,158
where I

4339
02:20:27,158 --> 02:20:28,559
m, I

4340
02:20:28,559 --> 02:20:30,559
m feeling that,

4341
02:20:30,895 --> 02:20:32,290
and um by the time the next

4342
02:20:32,290 --> 02:20:32,997
Meeting worlds around, I will

4343
02:20:32,997 --> 02:20:34,298
no longer be a Shoreview

4344
02:20:34,298 --> 02:20:34,899
resident, so I

4345
02:20:34,899 --> 02:20:36,367
ve got to step

4346
02:20:36,367 --> 02:20:38,636
away and let the next great

4347
02:20:38,636 --> 02:20:41,606
person sit up here and I, I

4348
02:20:41,606 --> 02:20:42,640
thank all of you for your, uh,

4349
02:20:42,640 --> 02:20:43,374
for your service, and it

4350
02:20:43,374 --> 02:20:45,374
s been

4351
02:20:46,244 --> 02:20:47,211
fun to kind of see the, the

4352
02:20:47,211 --> 02:20:49,247
commission grow and change over

4353
02:20:49,247 --> 02:20:49,614
the years, and I think uh I

4354
02:20:49,614 --> 02:20:51,115
m

4355
02:20:51,115 --> 02:20:53,170
walking away with it, with the,

4356
02:20:53,170 --> 02:20:54,919
with it in good hands, feeling

4357
02:20:54,919 --> 02:20:57,488
that uh that I can come back

4358
02:20:57,488 --> 02:20:59,257
and retire in place or uh not

4359
02:20:59,257 --> 02:20:59,464
retire in place, uh, what

4360
02:20:59,464 --> 02:20:59,630
s our,

4361
02:20:59,630 --> 02:21:01,630
what

4362
02:21:01,893 --> 02:21:03,328
s our term that we we

4363
02:21:03,328 --> 02:21:04,295
ve

4364
02:21:04,295 --> 02:21:05,196
used uh agent place.

4365
02:21:05,196 --> 02:21:05,763
Commissioner Doan we will

4366
02:21:05,763 --> 02:21:06,664
appreciate that. He

4367
02:21:06,664 --> 02:21:08,133
s always a

4368
02:21:08,133 --> 02:21:09,667
champion for the agent place,

4369
02:21:09,667 --> 02:21:11,690
so or not commissioner, city

4370
02:21:11,690 --> 02:21:12,103
council member, Don, but

4371
02:21:12,103 --> 02:21:12,270
anyways, thank you for all that

4372
02:21:12,270 --> 02:21:13,538
you

4373
02:21:13,538 --> 02:21:13,688
ve done, and I, uh, it

4374
02:21:13,688 --> 02:21:15,688
s

4375
02:21:16,975 --> 02:21:18,476
been a pleasure to serve. I

4376
02:21:18,476 --> 02:21:19,377
just wanna say one of the

4377
02:21:19,377 --> 02:21:21,279
greatest challenges I have

4378
02:21:21,279 --> 02:21:21,946
sitting in this chair is who I

4379
02:21:21,946 --> 02:21:25,217
followed. I think she did a

4380
02:21:25,217 --> 02:21:25,617
really good job. Chairing the

4381
02:21:25,617 --> 02:21:25,917
commission and it

4382
02:21:25,917 --> 02:21:27,917
s been hard

4383
02:21:28,153 --> 02:21:29,521
to live up to that. Not to get

4384
02:21:29,521 --> 02:21:30,880
too emotional or anything like

4385
02:21:30,880 --> 02:21:30,622
that, but you

4386
02:21:30,622 --> 02:21:33,220
re doing a fine

4387
02:21:34,590 --> 02:21:34,793
job. I appreciate that. Anybody

4388
02:21:34,793 --> 02:21:37,193
else have any comments,

4389
02:21:37,796 --> 02:21:40,796
questions? Ok. So that brings

4390
02:21:42,670 --> 02:21:45,971
us to The end of the meeting.

4391
02:21:45,971 --> 02:21:46,939
Commissioner Westted, we

4392
02:21:46,939 --> 02:21:47,105
adjourn at 9:21 P.M. Second,

4393
02:21:47,105 --> 02:21:48,807
it

4394
02:21:48,807 --> 02:21:53,700
s been moved in 2nd, all in

4395
02:21:53,790 --> 02:21:55,281
favor, say aye. Both same sign.

4396
02:21:55,281 --> 02:21:55,948
Unanimous, we are adjourned.

4397
02:21:55,948 --> 02:21:58,348
Congratulations. Where are you

4398
02:21:59,551 --> 02:21:59,691
moving? Uh, you spell. That

4399
02:21:59,691 --> 02:22:00,486
s

4400
02:22:00,486 --> 02:22:01,120
far away. It

4401
02:22:01,120 --> 02:22:01,453
s a little ways

4402
02:22:01,453 --> 02:22:02,154
away. It

4403
02:22:02,154 --> 02:22:04,554
s a long commute.

4404
02:22:04,957 --> 02:22:07,357
Where, whereabouts? And stuff,