[0:02] Good evening. I'd like to call the um

[0:05] July 9th regular meeting of the city of

[0:08] Webster Gross Board of Adjustment to

[0:10] order. Um

[0:13] Randy, would you please uh

[0:17] » Roll call?

[0:18] » All right, I will. Uh Randy Sprag here.

[0:21] Uh Debbie Sberg

[0:22] » Here.

[0:23] » Uh John Bur here. Uh Jennifer Gates

[0:26] » Here.

[0:26] » And Andrew Path

[0:28] » Here.

[0:29] » Thank you. you. In addition to the board

[0:31] members tonight, we also have the acting

[0:33] city attorney, Peter Buntreger, and the

[0:35] uh city planner, Evan Winkler. We have

[0:40] one hearing tonight. So, what we will do

[0:42] is we will the city will present their

[0:46] case and then the and then you because I

[0:49] assume you are the petitioners uh will

[0:52] will be able to present your uh your

[0:55] request. We will may ask questions of

[0:59] the city staff or you. Then we will ask

[1:01] if there's anyone in the audience else

[1:04] in the audience who'd like to speak and

[1:07] anyone online who'd like to speak either

[1:10] in favor or in opposition or with

[1:12] concern. Um then we will close the

[1:16] public session and move to executive

[1:19] session where we will uh make probably

[1:22] make a decision tonight. you're you do

[1:26] need four pop four votes in favor to

[1:29] approve a variance

[1:31] and um we do ask you not to be redundant

[1:34] or repetitive in your comments but you

[1:36] know chances are you the uh would you

[1:39] please Randy would you please read the

[1:41] powers relative to variations

[1:43] » Uh when by reason of expect exceptional

[1:46] narrowness shallowness or shape of a

[1:48] specific piece of property as of

[1:50] September 20th 1956

[1:53] or by reason of exceptional

[1:55] topographical conditions or other

[1:57] extraordinary exceptional situation or

[1:59] condition of a specific piece of

[2:02] property which condition is not

[2:04] generally prevalent in the neighborhood.

[2:06] The strict application of the area

[2:08] regulations of this zoning code would

[2:10] result in particular and exceptional

[2:12] practical difficulties to or exceptional

[2:15] and undue hardship upon the owner of

[2:18] such property. The board is hereby

[2:20] empowered to authorize upon an appeal

[2:23] relating to such property a variation

[2:26] from strict application as to relieve

[2:28] such difficulties or hardships.

[2:31] » Thank you. Would you please read uh

[2:33] docket 2439 into record?

[2:36] » Will uh docket 2439 is an application by

[2:39] John and an Piaza. Am I correct?

[2:43] Property owners of 28 Elm Place. The

[2:46] property is located within the A4 7500

[2:50] ft² residence district. The applicant is

[2:53] requesting a variance from municipal

[2:55] code section 53.078

[3:00] N in order to build an accessory

[3:03] structure/swimspa

[3:06] 2.5 ft from the side of the lot line or

[3:09] west property line.

[3:11] » Thank you, Mr. Bontriger.

[3:14] Uh yes, for uh testimony, I would like

[3:17] to ask that exhibits one through 10 be

[3:20] included as part of record. That's nine

[3:22] paper exhibits that will be

[3:26] » Thank you.

[3:28] Um who's who's here?

[3:31] » We call

[3:33] » Mr. Winkler, would you please raise your

[3:34] right hand? Do you solemnly swear that

[3:36] the testimony you're about to give is

[3:37] the truth, the whole truth, and nothing

[3:38] but the truth?

[3:39] » I do.

[3:40] » Thank you. Please go ahead.

[3:41] » State your name for the record. Evan

[3:43] Winkler.

[3:43] » Are you employed by the city of West

[3:45] Gro?

[3:45] » Yes.

[3:46] » What's your position? Uh

[3:47] » City planner.

[3:48] » And what are your duties as a city

[3:50] planner?

[3:50] » Uh to review uh building permits, uh

[3:53] presentations for board of adjustment as

[3:54] well as presentations for planning

[3:56] commission.

[3:56] » Through your work with the city, are you

[3:58] familiar with uh 28 Elm Place?

[4:02] » Yes.

[4:02] » Is that property within city limits?

[4:04] » Yes.

[4:04] » In which zoning district is it located?

[4:06] » A4 7500 ft residence district. What is

[4:10] the applicant's request in docket number

[4:12] 2439?

[4:13] » The applicant is requesting a variance

[4:15] to uh the 5yard foot uh setback for

[4:18] accessory structures uh for a leviance

[4:22] of 2.5 ft.

[4:23] » And which code section applies to that

[4:25] request?

[4:26] » Uh this section is section 53.078N.

[4:31] » Can you describe the current condition

[4:33] of the property? Yeah, the current

[4:35] condition is um there's a single family

[4:37] dwelling um that was recently remodeled

[4:40] as well as having a detached accessory

[4:43] garage constructed. Um and uh it's at

[4:47] the end of a culde-sac um which I can

[4:49] get into more during the presentation.

[4:53] Uh are there any existing variances on

[4:55] this property that you're aware of?

[4:57] » No.

[5:00] And uh as part of the current condition

[5:02] is the the request that's being made is

[5:04] that pursuant to an already existing uh

[5:08] um project something that's been

[5:09] completed or not yet?

[5:11] » Correct. It is completed.

[5:14] » Can you explain the uh how the variance

[5:16] uh would would allow this to be come

[5:19] into compliance?

[5:20] » Yeah. So uh currently the swim spa is

[5:23] set back at 2 and 1/2 ft from the

[5:25] sideyard. Um so providing a variance um

[5:30] essentially alleviates that fiveyard

[5:31] setback requirement.

[5:33] » Do you have anything else to add?

[5:35] » Um I do. I have a presentation.

[5:38] » Um it's not the right time. Go ahead.

[5:39] » Okay.

[5:45] [cough and clears throat]

[5:46] All right. So again, this is um case

[5:48] 2439 located at 28 Elm Place.

[5:55] Um and again as has already been stated

[5:57] the board powers are um they have the

[5:59] ability to grant exceptions to the code

[6:02] uh based on exceptional narrowness sha

[6:04] shallowess or shape of a specific piece

[6:07] of property um as well as exceptions uh

[6:10] related to topographical conditions um

[6:13] or conditions of a specific piece of

[6:15] property.

[6:18] uh this property or the request of the

[6:20] appellant is to um have a 2.5 ft

[6:24] sideyard setback for their accessory

[6:27] structure. Uh it's located in the A4

[6:29] 7500 dwelling district. Um and the

[6:33] section uh requesting of or requested of

[6:36] the variance is section 53.078N 078N uh

[6:39] which is the development standards for

[6:41] accessory structures

[6:42] » And and that is the 2.5 ft is in lie of

[6:45] what

[6:45] » In lie of five feet

[6:47] » Is it five but for an accessory

[6:48] structure six for a primary structure

[6:50] » Correct

[6:50] » Okay thank you

[6:51] » Yep

[6:53] » So the reason we treat swim spas as an

[6:56] accessory structure is because of the

[6:58] building code so the 2015 international

[7:01] swimming pool and spa code uh there was

[7:03] amendments made and explicitly states

[7:06] that swimming pools and spa shall comply

[7:08] with accessory structure setbacks uh

[7:10] required of the zoning code. Um it also

[7:13] addressed lot coverage. Um swimming

[7:15] pools and spas are not included um in

[7:18] the total foot uh footage coverage of um

[7:21] accessory structures.

[7:22] » I'm sorry. Is that a building code

[7:24] requirement or our requirement?

[7:25] » Well, so it's a building code that

[7:27] references uh the need to follow the

[7:30] zoning code. Okay.

[7:31] » So the zoning code does not require the

[7:34] swimming pool to be counted as a lot as

[7:36] lot coverage. Correct.

[7:38] » Thank you.

[7:38] » Yep. And so flat work which this swim

[7:41] spa sits on all can actually go all the

[7:44] way to the property.

[7:46] » Yes.

[7:48] » All right. So for some site context, um

[7:51] this property is located in the central

[7:53] Webster historic district. Um you can

[7:56] see from the aerial um it's

[7:57] approximately 7,900 ft property. Um it's

[8:01] at the end of the culdeac. They also

[8:04] abut um some type of public rideway. It

[8:08] looks like maybe a path at one time um

[8:11] on the northwest portion. Uh it's kind

[8:13] of angular in shape along the front

[8:16] front edge of the parcel because it's at

[8:18] the end of the culde-sac. Um so this was

[8:21] actually built in 1915. Um but in 2025

[8:25] um the homeowners uh started a

[8:28] significant renovation of this structure

[8:30] uh the dwelling single family dwelling

[8:32] and also built a detached um accessory

[8:36] garage in in the back.

[8:40] Now this is kind of where some of the

[8:43] confusion came in and why the swim spa

[8:45] exists. Um there was a couple of

[8:47] addendums

[8:49] uh applied for um for the detached

[8:52] garage as well as the swim spa. Um the

[8:57] swim spa

[8:59] was given an email approval by a past

[9:02] staff person. Um although the permit was

[9:06] never issued. However, these other

[9:08] addendums were being granted and were

[9:11] issued um which caused some of the

[9:14] confusion as to what work could actually

[9:17] be completed under which permit. Um,

[9:22] so I guess some other things to kind of

[9:25] highlight is that uh part of

[9:29] construction of a detached garage

[9:31] requires a storm water management plan

[9:33] and part of that storm water management

[9:35] plan was uh a significant swale which

[9:38] I've highlighted here um to move water

[9:41] behind the garage towards the easement

[9:44] uh the MSD easement um to kind of a

[9:47] catch basin. Um, so that really does

[9:50] take up a decent amount of yard. Um, in

[9:53] the images I've tried to highlight

[9:56] essentially where that swale is and

[9:57] where the water is moving.

[9:59] » Now, the swale was required because of

[10:01] the detached garage.

[10:03] » Correct. Yeah. So, our municipal code

[10:06] requires a storm water management plan

[10:08] with uh certain impervious improvements.

[10:12] » And this is just for the lot. This is

[10:14] not like the community neighborhooding.

[10:18] » You're right.

[10:19] » Whale. This is their own person like

[10:21] » Yes.

[10:22] » Because of the calculations for their

[10:24] own lot.

[10:25] » Correct.

[10:25] » Perfect. Okay.

[10:30] » Um so this is this you can see the plans

[10:32] for the addendum. They have you know the

[10:34] swim swap bubbled out um a 4in concrete

[10:38] slab. Um and so this is what was tied to

[10:41] the email approval. Um, and then the

[10:44] image essentially is showing

[10:47] where that property line is currently.

[10:50] Um, and then neighbors, that's actually

[10:52] the neighbors garage. Um, would be an

[10:55] existing non-conforming garage that was

[10:58] there.

[10:58] » The the garage that's needs to be

[11:01] painted or I mean I mean

[11:03] » Strange.

[11:04] » Yes.

[11:05] » Oh, I see. So that that's actually on

[11:08] the neighbor's property,

[11:09] » Correct?

[11:10] » Oh, okay.

[11:11] » That's the neighbor to the west. I see.

[11:13] I see.

[11:14] » That's not the

[11:15] » No.

[11:16] » No.

[11:18] » Well, then old new.

[11:19] » Correct. [laughter]

[11:22] » All right. So, with that, I guess are

[11:24] there any questions from the board?

[11:30] » So, that that it your arrows make clear

[11:34] that the swale is outside the footprint

[11:36] of that concrete pad.

[11:38] » Yes.

[11:39] And therefore the bearings is needed

[11:43] because if the swale wasn't there

[11:46] » The drainage

[11:46] » They could scooch it further east and

[11:50] meet the sideyard setback.

[11:52] » Right. So if they would move it further

[11:53] east it would be impeding the drainage

[11:56] swell.

[11:59] » So okay would defeat the purpose of the

[12:01] soil and the drains and all the Yes, I

[12:03] get it.

[12:07] Does anyone else have do you have any

[12:09] question Sam? The

[12:11] » So you mentioned something about an

[12:14] email approval. Can you

[12:17] » Give a little more information on that?

[12:20] » Yeah, I mean we we do have document of

[12:22] this email. Um I didn't include it. I I

[12:25] don't know. But um so a former staff

[12:28] person uh who was reviewing for zoning

[12:32] explicitly states that the zoning is

[12:34] compliant and that it would move on to

[12:36] the building plan reviewer um for

[12:39] building code compliance. Um that

[12:42] portion never

[12:45] it didn't meet code yet. So it never got

[12:47] completed but there were other permits

[12:50] like also open and being worked on. Um,

[12:53] and so when inspectors went out there

[12:55] and gave approvals, they were giving

[12:56] approval for things like the detached

[12:58] garage and these other amendments, um,

[13:00] not explicitly this swim spa, which is

[13:03] kind of how it came to our attention.

[13:05] Um, I see.

[13:10] » And unfortunately, that former staff

[13:11] person was wrong in the the zoning was

[13:16] not. Yeah.

[13:19] » Does anyone else have any questions for

[13:20] Mr. Winkler before we move on?

[13:23] Who's here in favor of docket 2439?

[13:26] » John and

[13:27] » Okay. So, I need I need you to do it one

[13:30] at a time. Come up to the podium.

[13:33] [laughter]

[13:36] [clears throat]

[13:38] [snorts]

[13:39] » Please raise your right hand. Do you

[13:40] solemnly swear that the testimony you're

[13:42] about to give is the truth, the whole

[13:43] truth, and nothing but the truth?

[13:44] » I do.

[13:45] » Thank you. Please go ahead. Um, describe

[13:47] your request. My my name is John Piaz

[13:49] and we're residents uh and owners of 28

[13:52] Elm Place and Evan did a pretty good job

[13:55] of describing the property. It is a very

[13:58] limited property. It's a beautiful place

[14:00] now, but there's not a lot of room with

[14:03] the 20 foot MSD easement and then

[14:06] there's an additional diagonal easement

[14:08] and that forced the garage to be shoved

[14:11] forward and into the center of the yard.

[14:14] And then with the garage and the

[14:16] driveway and the impervious materials

[14:18] that required the water mitigation plan

[14:20] which has a swale through the property

[14:23] to a detention pond behind the garage.

[14:27] All those things basically limited where

[14:30] we could put it. Um and we thought we

[14:33] were doing everything according to the

[14:34] book. We've done a big project here and

[14:36] we've had an architect and a GC and

[14:39] we've done all the permits and we but

[14:42] this fell outside my GC's project and he

[14:45] said just go up and put in a swim spa

[14:48] permit and I did that. Um and it was

[14:52] Pashant Peoples back at that time. She

[14:55] required that I get a notorized

[14:56] statement uh saying that I recognize the

[14:59] fact that my concrete being on the MSD

[15:02] easement if they needed to remove it

[15:04] they weren't going to pay me for that.

[15:06] Right. And I I did that and notorized it

[15:08] and and she did it via email say that

[15:10] okay it's zoning's approved. It'll go to

[15:13] planning for review and if there are any

[15:15] questions Jim Bailey would reach out.

[15:18] He didn't. Um, and I guess shame on us,

[15:22] but that's just our lack of knowledge on

[15:24] on the procedures perhaps, but

[15:26] everything was moving forward, right? We

[15:28] we built the garage and a lot of

[15:30] inspections and uh and everything. So,

[15:33] we thought everything was okay until May

[15:35] and we realized it wasn't okay, but it

[15:37] is there. [laughter]

[15:39] And uh I think in your packet you'll see

[15:41] that email from Pashant and hopefully

[15:44] you'll also see that the neighbor whose

[15:46] property we if you want to call it

[15:48] encroach we're not encroaching on their

[15:49] property but on the setback they they've

[15:52] signed a a simple document saying hey

[15:54] they have zero issues at all with that.

[15:55] They're they're in support of it. Um and

[15:59] if you look at where we positioned it

[16:01] it's probably the most uh unobtrusive

[16:04] place to have it right. just behind

[16:06] their garage and and and it is humorous

[16:08] that their garage is only 2 feet off

[16:10] that property line. So, and I have

[16:12] another garage that's that's exactly on

[16:14] my property line. So, I'm quite

[16:16] accustomed to things being very close to

[16:18] my property, but here I am with a a

[16:21] silly swim spa that is causing me this

[16:24] problem. But um

[16:27] we wouldn't I don't know that we could

[16:28] have found another way to position it

[16:30] without interfering with uh the the

[16:34] swale and the water mitigation and

[16:36] everything. Um so here here we are. I

[16:41] think that's

[16:43] that's probably all I I can add to this

[16:45] and much of it is redundant and a

[16:47] repeat. Evan, I'm sorry for that.

[16:50] So,

[16:51] » I don't know about anybody else, but

[16:52] when I drive down Elm Place, I always

[16:54] feel like everything's very, very close.

[16:57] It's all very tight.

[16:58] » It is. Yes, ma'am.

[17:00] » That little subdivision. [laughter]

[17:02] Um, does anyone have any questions for

[17:04] uh

[17:06] So, so

[17:08] the

[17:10] So, you don't you're not you're

[17:12] confident that MSD is not going to have

[17:13] to dig this up much?

[17:15] » Well, let's say I'm hopeful. I I I

[17:18] purposely though my the electrical is

[17:21] all on my property. It's only concrete

[17:24] on on theirs. Well, it's my property,

[17:26] but on their easement of my property.

[17:28] So, I I you know, we we pulled it

[17:30] forward just enough that

[17:32] » I could keep about a foot well, it's

[17:34] about a foot of the concrete on on our

[17:36] outside their easement and the

[17:38] electrical is outside their easement.

[17:40] So, if they required to dig, it's, you

[17:42] know, it's I'm going to spend some money

[17:44] moving a spa out and I'll lose some

[17:46] concrete. But uh I'm hopeful. I don't

[17:49] know about confident.

[17:53] » Does anyone have any questions for

[17:57] Mr. Piaza?

[17:59] » Real quick, did you say you have your

[18:00] neighbors? Um

[18:04] » Yeah, Emily Emily and Chase.

[18:06] » Yeah, it's

[18:07] » It's in the last page.

[18:10] » Okay. Yeah, it's on the last

[18:12] » I mean they've indicated here where they

[18:14] live in relation. They are appear to be

[18:16] the affected neighbors.

[18:18] » So basically, can you describe this uh

[18:21] swim spa? I mean, how far above grade is

[18:24] it?

[18:24] » It sits about a 4T It's about four feet

[18:27] tall and it's uh 7 feet by 14 ft. So

[18:30] it's think of it as a double uh hot tub

[18:33] and one end is a hot tub effectively.

[18:35] It's

[18:36] » Got jets and the other end is for

[18:38] swimming and exercising.

[18:40] » Okay. So it's so it's like it you're

[18:42] swimming against cur

[18:43] » The jets, right? the Jet against the

[18:45] Jets. And it's uh and for us,

[18:48] we didn't realize the structure side of

[18:50] that being considered a structure,

[18:52] right? I think I would have known, okay,

[18:53] a garage or whatever, but but we didn't

[18:56] at the time realize that when we first

[18:58] started the process, we didn't realize

[18:59] it was subject to the same setbacks.

[19:04] » John, do you have any question?

[19:06] » I have a question.

[19:07] » Um

[19:08] Miss Piazu, do you want to come up and

[19:10] speak

[19:11] » Or or do you think he's he's made the

[19:13] points? Okay. All right.

[19:15] » Is there um anyone online?

[19:21] » Okay. Um is that per Is there anyone in

[19:25] in the audience or online who'd like to

[19:27] speak in favor of docket 2439?

[19:32] They're not raising their hand.

[19:36] » If you're able to raise your hand or

[19:39] » Well, yeah, you can you can

[19:40] » I think you can see it.

[19:42] » Oh. Ellen.

[19:45] » Ellen, can you hear us? If if you would

[19:46] like to speak, um,

[19:49] » You're going to I'm going to have to

[19:50] swear you in, but if you'd like to

[19:52] speak, this is the time.

[19:55] » Okay. Um, do you solemnly swear that the

[19:58] testimony you're about to give is the

[19:59] truth, the whole truth, and nothing but

[20:00] the truth?

[20:01] » Yes.

[20:02] » Okay. And, um, you're Ellen and

[20:06] do can you tell us where, um, what's

[20:08] your interest in this request?

[20:10] » I live at 16 Elm Place. Okay.

[20:13] » Um,

[20:15] I would be not in favor of it. Um, we

[20:19] live in a historical district.

[20:22] Um, I think that

[20:25] 28 Elm Place has taken

[20:29] have gone above and beyond not following

[20:33] the rules and so I'm against it.

[20:40] » Okay. Does anyone have any questions

[20:43] for Miss Brook?

[20:49] Do you want to Do you want to um uh do

[20:53] you want to what what what what do you

[20:55] believe they've not followed the rules

[20:56] about? I'm just curious.

[20:59] » Um

[21:01] there's I think there was some issue

[21:03] about the detached garage.

[21:07] um

[21:11] you know that it's oversized that it's

[21:13] has an apartment above

[21:16] a lot of things that I think were

[21:19] maybe shoved under the rug that you know

[21:21] maybe I was not aware of as much and so

[21:26] again I think you're putting a spa

[21:31] and it's you know

[21:35] not 5 feet or six feet away from

[21:38] property. Why wouldn't you put it closer

[21:40] to your house?

[21:45] » Okay. Thank you.

[21:46] » Okay.

[21:47] » Anything else you'd like to add?

[21:49] » Uh, I don't think so.

[21:50] » Okay. Thank you. Um, Evan, do you want

[21:53] to speak to the whether the the issue of

[21:56] the garage? I did notice there was a

[21:58] half, you know, there was there was some

[22:00] it looked like there was a second story

[22:03] or partial second story.

[22:05] So that is permitted by our zoning code.

[22:07] Um that project went to the ARB twice I

[22:11] believe. Uh first for the original plans

[22:14] but then also for an addendum. Um now

[22:17] our code does restrict uh like dwellings

[22:20] above a detached garage pretty heavily.

[22:22] So they're not permitted to be rented

[22:24] out. It could only ever be like if

[22:27] people were living in it only. It could

[22:28] only ever be two people. They have to be

[22:30] related um or employed by um the owner.

[22:35] » Servants quarters.

[22:36] » Servants quarters. I've heard them use

[22:38] those nanny's quarters too. Um but yeah,

[22:42] so um it it is compliant. It has been

[22:44] through appropriate approvals.

[22:46] » Okay. And it did not need to seek any

[22:49] variances through this board.

[22:50] » Not that I'm aware of. Yeah.

[22:52] » I mean I I

[22:52] » I mean I to me it's not relevant to this

[22:56] case,

[22:57] » Right? I'm just I just want to important

[23:00] part like true

[23:01] » There's a problem with this variance

[23:03] that's what the discussion should be

[23:05] » That is true

[23:06] » Related to anything else

[23:07] » Okay

[23:10] » Before we move to u ex to close session

[23:13] does anyone I mean executive session

[23:15] does anyone want to make any uh want to

[23:18] ask any any additional questions of the

[23:21] either the staff or the applicant

[23:27] » Okay I'm good

[23:28] » We have a motion to move into executive

[23:31] into executive session.

[23:32] » So moved.

[23:34] » Second.

[23:35] » Second.

[23:35] » All in favor say I.

[23:37] » I.

[23:38] » Do we um can we get a motion regarding

[23:41] 2439 so we can start discussion?

[23:44] » I move approval of uh of u uh

[23:49] » 2439

[23:50] » 24 of docket number 2439.

[23:52] » Second.

[23:53] » I'll second.

[23:55] » Any discussion?

[23:57] I mean, I I think the circumstances of

[23:59] this lot are unusual

[24:02] uh with the easements and the drainage

[24:04] swale and the shape of the lot overall.

[24:08] And I think that merits a variance.

[24:12] » See, I would I would say that the

[24:14] drainage flail and the MSD easement make

[24:17] it re create a hardship. I'm not sure

[24:21] that, you know, there's lots of lots

[24:23] that aren't a whole lot wider than this

[24:26] in Webster Groves. You know, I think I

[24:27] live in one. Um, but

[24:31] » Like the aperture to the right away is

[24:33] » Well, but but that's not really that's

[24:35] not really an issue in this variance,

[24:37] you know.

[24:38] » No.

[24:38] » Um, I mean, it's the

[24:41] [laughter]

[24:43] » Does anyone else have any

[24:45] » No, I I would absolutely concur. I think

[24:47] the the geography, the shape of the lot,

[24:50] uh the fact that uh MSD has an easement

[24:52] there that is that is not common. Um has

[24:56] really precluded

[24:58] uh the the owner's uh ability to put

[25:02] this where they might like to have it. I

[25:04] think it's a clever decision. Um, I'm

[25:06] sorry that there was misunderstanding

[25:08] and that's unfortunate that of course I

[25:10] don't think you know if misunderstanding

[25:12] isn't the issue here but the issue is

[25:15] that I think there is a hardship here

[25:17] and that I think the request is is very

[25:20] reasonable.

[25:21] » Andrew, do you want to make any

[25:23] comments?

[25:25] » Yeah, I I guess where I struggle with it

[25:27] is the the swale isn't something that

[25:30] was an existing condition, right? It was

[25:32] something they created um because of

[25:35] their improvements that were

[25:38] constructed.

[25:39] So they've created their own hardship.

[25:45] True.

[25:48] But they would have had to have a they

[25:51] would have had to have off- streetet

[25:52] parking because there's no way they

[25:54] could park um you know park park on the

[25:58] street or um

[26:02] » The swale and the detention pond were a

[26:05] condition of having the garage.

[26:06] » Right. Right. True. But I think he's

[26:08] he's you know,

[26:10] » Well,

[26:10] » And while they wouldn't have had don't

[26:12] necessarily have to have a garage, they

[26:14] would have had to pave that back area

[26:17] and have some area for for parking

[26:20] » Vehicles to park.

[26:21] » Yeah. I I mean, I agree with that, Deb,

[26:23] but

[26:23] » Parking space behind the building.

[26:24] » You know, I guess what I'm saying is

[26:28] to build the structure that was

[26:31] permitted, they were required to build

[26:33] the swale.

[26:36] those things were in place and that was

[26:39] a stipulation of being able to build the

[26:42] garage. And so

[26:45] if that does not leave room for other

[26:48] things on their property,

[26:50] that was a hardship created by their

[26:52] decision to build the garage.

[26:56] » Look at it that way.

[26:57] » Can you talk about the email on October

[27:01] 21st? How much does that

[27:04] play into decision making?

[27:06] » Well, so the reality is that um the only

[27:09] way of of variance could be requested to

[27:12] through the process. That's why we're

[27:13] here.

[27:14] » Um the email itself can't grant a

[27:17] variance. It's not a staff decision. Now

[27:20] that said, um you know, we're we I think

[27:23] we consider that when we're considering

[27:24] hardship in this situation. um you know,

[27:27] somebody's attempted to do this the

[27:29] right way and and towards I think at the

[27:31] very least it shouldn't um

[27:35] you shouldn't be considering the fact

[27:37] that this is an already done thing as a

[27:39] negative towards the applicant because

[27:40] it was only done because

[27:45] » I would agree.

[27:47] I mean, I would be more aligned with

[27:50] that as kind of the hardship of like

[27:53] they believe they had approval and they

[27:56] went ahead with the construction and now

[28:00] it exists.

[28:07] » Are we ready to to vote on this?

[28:13] » All in favor of docket 2439, please say

[28:16] I. I

[28:17] » I

[28:17] » All opposed.

[28:19] » Uh, could you please pull the board?

[28:21] » I will. Uh, Debbie Selberg,

[28:23] » I.

[28:24] » Uh, John Bur,

[28:25] » I.

[28:25] » Jennifer Gates,

[28:26] » I.

[28:27] » Uh, uh, Andrew Potz,

[28:29] » I.

[28:29] » And Randy Sprag, I

[28:31] » Your variance request has been has been

[28:34] approved. Please see city staff during

[28:36] regular business hours for your next

[28:38] steps.

[28:40] » Thank you. Is there any other business

[28:42] before the board tonight? Uh,

[28:44] » No additional business.

[28:47] Do you have a inkling of whether we'll

[28:48] have an August meeting or not?

[28:50] » It doesn't look like we will at this

[28:51] point. Yeah,

[28:53] » That wouldn't be the end of the world.

[28:55] We have a mo. Are we ready for

[28:57] » I move we adjourn?

[28:59] » Second. All in favor?

[29:01] » I.

[29:02] » Thank you very much.

Board of Adjustment 07/10/2026

Transcript