[Zoning Board of Adjustment on September 16, 2024.]
[00:00:06]
GOING TO CALL TO ORDER THE ZONING BOARD OF ADJUSTMENTS. REGULAR MEETING, FOR SEPTEMBER 16TH. THE FIRST ORDER OF BUSINESS. ARE THERE ANY CITIZENS PRESENT THAT WOULD LIKE TO ADDRESS THE COMMITTEE ON ANY NON-AGENDA ITEMS? THIS EVENING? SEEING THAT THERE IS NONE, WE WILL GO AHEAD AND MOVE TO OUR CONSENT AGENDA. AND WE WILL APPROVE OUR MINUTES FROM LAST MEETING. ONCE YOU'VE HAD AN OPPORTUNITY TO LOOK AT THEM, ASSUMING THAT YOU ALREADY HAVE, I WILL ENTERTAIN A MOTION TO APPROVE THESE MINUTES. I MOVE TO APPROVE THE MINUTES. I CAN SECOND IT. ANY OTHER DISCUSSION? ALL RIGHT. LET'S GO AHEAD AND VOTE.
THEN. YEAH. JUST ARE YOU GETTING IT? YEAH. NO IT'S NOT. IT'S NOT GIVING US AN OPTION.
ALL RIGHT. OUR ELECTRONIC SYSTEM IS NOT CURRENTLY WORKING, SO WE'RE GOING TO MOVE TO A HAND VOTE. ALL THOSE WHO AFFIRM THE MINUTES AND APPROVE THOSE. PLEASE RAISE YOUR RIGHT HAND.
ALL OPPOSED. AND THAT CARRIES. VERY GOOD. THANK YOU. WE'RE GOING TO MOVE ON TO. I GUESS WE DON'T HAVE ANY WORK SESSION. EXECUTIVE BUSINESS. ALL RIGHT. WE'RE GOING TO GO AHEAD AND MOVE ON TO OUR REGULAR AGENDA, AND OUR FIRST ITEM FOR OUR REGULAR AGENDA, IS TO HOLD THE PUBLIC HEARING TO CONSIDER AND ACT UPON A REQUEST BY RAMIRO MORALES FOR THE VARIANCE TO SECTION 4.15, AND ALSO 4.19 DASH 20 OF PLAN DEVELOPMENT 2005 DASH 24 TO ALLOW FOR AN ACCESSORY STRUCTURE WITHIN THE SIDE SETBACK, WITH A PROXIMITY TO THE MAIN STRUCTURE SETBACK AND THE MAXIMUM ALLOWABLE SQUARE FOOTAGE, THIS PROPERTY IS LOCATED AT 1217 BRADDOCK WAY. YES. GOOD EVENING.
OUR FIRST VARIANCE FOR TONIGHT IS A REQUEST TO ALLOW FOR A CARPORT. THAT'S WITHIN, ONE FEET OF THE SIDE. SETBACKS WITHIN LESS THAN ONE FOOT OF THE PROXIMITY. SETBACKS AND THE PLAN DEVELOPMENT ALSO HAS A RESTRICTION OF 600FTâ– !S FOR ACCESSORY STRUCTURES. THEY WOULD LIKE TO INCREASE THAT TO 1200 SQUARE FEET. THE CARPORT MEASURES 24 BY 50. AND HERE'S AN IMAGE OF WHAT IT LOOKS LIKE. THEY HAVE AN ACTIVE PERMIT AND THEY ACTUALLY STARTED CONSTRUCTION OF THE CARPORT. THE APPLICANT, WHENEVER HE GOT APPROVAL OF THE APPLICATION, BELIEVED THAT MEAN HE MEANT HE COULD START WITH THE PROCESS. BUT REALLY THAT JUST MEANT THAT THE REVIEW WAS BEING STARTED. THE APPLICANT ALSO HAS A PERMIT FOR THE CONCRETE THAT'S AN ACTIVE PERMIT AS WELL. AND THE APPLICANT BELIEVES THERE'S MERIT FOR THE VARIANCES AS IT'S UNENCLOSED. SO IT CAN BE ACCESSED THROUGH ALL SIDES. IT'S ALSO PLANNED FOR IT TO HAVE A GUTTER SYSTEM INSTALLED AS WELL. AND THEN HE DOES HAVE HOA APPROVAL OF THE CARPORT AS WELL.
WE DID MAIL 13 NOTICES AND RECEIVED TWO IN FAVOR OF THE REQUEST. AND THOSE ARE THE TWO WHERE THE CHECK MARKS ARE, WITH THAT, I'LL BE HAPPY TO ANSWER ANY QUESTIONS. AND THEN THE APPLICANT IS ALSO HERE. SO THE CARPORT IS TOWARDS THE SIDE OF 1219. IS THAT CORRECT? IT WAS A IT'S ON SITE 1219. THE ADDRESS. YES YES YES OR IT'S 1217 1217. IT'S ON THE SIDE. GO BACK TO TH.
SORRY. YEAH. RIGHT THERE. GO BACK. YEAH YEAH I'D BE ON THE SIDE OF 1219. YEAH. IT'S ON THE WEST SIDE THAT IS CORRECT. OKAY AND WE DID NOT RECEIVE ANY OBJECTION OR ANY APPROVAL FROM 1219. NOT FROM 1219. WE DIDN'T RECEIVE ANY PROTEST OR ANYTHING LIKE THAT FROM 1219. I WOULD
[00:05:01]
ALSO LIKE TO NOTE. 1219 HAS A VARIANCE AS WELL FROM A 12 2018. SO THEY'RE AWARE OF THE PROCESS WHEN IT COMES TO THAT. THANK YOU. ANY OTHER QUESTIONS? ALL RIGHT. WOULD THE APPLICANT LIKE TO SAY A FEW WORDS COME FORWARD PLEASE. HI. MY NAME IS ROMERO. WE TRIED TO DO THE CARPORT BECAUSE I HAVE A SMALL GARAGE, AND I HAVE A TWO TRUCKS, AND I LIVE IN FOR A WHILE. FOR A LONG TIME, AND PROBABLY ABOUT MAYBE 6 OR 7 YEARS. WE HAVE. THE HELL WITH DAMAGE OVER MY CAR. SO THIS IS THE ONE WE CAN DO. THE CARPORT. GOOD. AND I MEAN, EVERYTHING IS IN THE BACK. AND WE'RE GOING TO SPEND A LITTLE BIT OF CONCRETE. OKAY, OKAY. VERY GOOD. THANK YOU. THANK YOU. IS THERE ANY OTHER PEOPLE THAT WOULD LIKE TO MAKE COMMENTS ON THIS HEARING? YEAH, THAT'S JUST THE ONE YOU ACTUALLY. OH YEAH. I'LL OPEN THE PUBLIC HEARING. IS THERE ANYBODY THAT WOULD LIKE TO MAKE COMMENTS ON THIS VARIANCE REQUEST? DO I ACTUALLY CLOSE IT? YES, SIR.I'LL CLOSE THE PUBLIC HEARING AND WE'LL MOVE TO BOARD DISCUSSION. DOES THE APPLICANT PLAN TO STORE ANY FUEL, ANY FIRE HAZARDOUS THING IN THAT CARPORT? NO. LIKE AS HE MENTIONED, HE'S REALLY JUST WANTING TO USE THIS FOR PARKING FOR HIS TRUCKS. HE'S CONCERNED WITH HAIL DAMAGE. AS AN ANECDOTAL NOTE, I WILL JUST SAY THAT I'M FAMILIAR WITH THIS NEIGHBORHOOD AND THAT THERE ARE MANY VARIANCES OF THIS KIND THAT HAVE ALREADY TAKEN PLACE IN THIS NEIGHBORHOOD AS WAS MENTIONED, ONE RIGHT NEXT DOOR. TO MAKE A MOTION TO APPROVE THE VARIANCE AS REQUESTED. WE HAVE A MOTION. DO WE HAVE A SECOND? I SECOND. ANY OTHER DISCUSSION? ALL RIGHT. LET'S VOTE, WE WILL CONTINUE TO DO A HAND VOTE AS OUR ELECTRONIC SYSTEM IS NOT CURRENTLY WORKING. SO IF YOU. IS IT WORKING? NOPE. I DON'T THINK SO. ALL RIGHT. WE'LL GO AHEAD AND MOVE TO HAND VOTE. IF YOU AFFIRM THIS MOTION AS PRESENTED, PLEASE RAISE YOUR HAND. ANY AGAINST. THIS WASN'T HERE FOR THE DISCUSSION OF. ABSTAIN. VERY GOOD, MOTION CARRIES. THANK YOU. WE WILL MOVE TO OUR SECOND AGENDA ITEM. WE WILL HOLD A PUBLIC HEARING TO CONSIDER AND ACT UPON A REQUEST BY JARED MADISON FOR A VARIANCE TO SECTION 9.2 OF PLAN DEVELOPMENT. 2020 1-08 TO ALLOW FOR AN ENCLOSED, UNENCLOSED ATTACHED PATIO WITH A WITHIN THE REAR SETBACK. PROPERTY IS LOCATED AT 1632 ONYX DRIVE. OKAY, OUR LAST ITEM ON THE AGENDA IS A REQUEST FOR A VARIANCE FOR THE REAR SETBACKS OF AN ATTACHED UNENCLOSED PATIO, THEY'RE ASKING FOR 21FT IN LIEU OF THE 25FT THAT THE PLANNED DEVELOPMENT REQUIRES. THIS PLAN DEVELOPMENT WAS APPROVED IN 1999. SINCE THEN, THE ACTUAL CITY CODE ALLOWS FOR A TEN FOOT REAR SETBACK FOR PATIO COVERS. WE COULDN'T USE THAT NEW REQUIREMENT SINCE IT'S TIED TO THE PD. AND THEN THAT'S ONE OF THE REASONS THAT THEY'RE APPLYING FOR THE VARIANCE. IT'S ALSO UNENCLOSED, AND THEY ALSO HAVE AN HOA LETTER SIMILAR TO THE PREVIOUS CASE, WE MAILED OUT 18 NOTICES AND WE RECEIVED FIVE IN FAVOR OF THE REQUEST. AND THAT'S WHERE THEY'RE LOCATED. SO FIVE IN FAVOR. WERE THERE ANY AGAINST. NONE. NONE AGAINST. YEAH. IF IT WAS I WOULD PUT AN X ON IT ON THE. YEAH. AND I DO
[00:10:09]
WANT TO REITERATE WHAT KEVIN MENTIONED, JUST SO IT'S CLEAR, THE REASON THAT THIS IS HERE IS BECAUSE THE PLAN DEVELOPMENT IS A SEPARATE SET OF RULES FROM WHAT THE CITY ORDINANCE IS, AND THE CITY ORDINANCE HAS SINCE CHANGED. IT WAS PROBABLY ABOUT 15 YEARS AGO. WE CHANGED IT FROM A NORMALLY A 10 TO 20 OR FROM 25 TO 10 FOOT SETBACKS. SO THIS WOULD FALL WITHIN THE CITY ORDINANCE AS IT'S PRESENTED. EXCEPT HE'S IN THE PLAN DEVELOPMENT. SO JUST SO EVERYBODY UNDERSTANDS THAT WHAT IS SO WHAT DOES THE PD REQUIRED? THE PD REQUIRES 25FT 25. AND THIS IS AND THAT'S MOSTLY BECAUSE A PATIO COVER THAT'S ATTACHED IS STILL CONSIDERED PART OF THE PRIMARY STRUCTURE, WHICH HAS A REAR SETBACK OF 25FT. THE FACT THAT IT'S UNENCLOSED IS ONE OF THE REASONS THAT THE CITY ZONING ORDINANCE CHANGED TO ALLOW THE TEN FEET, IF IT WAS ENCLOSED, IT WOULDN'T BE THE SAME. IT WOULD STILL BE 25FT. ANY OTHER QUESTIONS OR COMMENTS FOR KEVIN? ALL RIGHT. THANK YOU KEVIN. APPLICANT NOT THE APPLICANT, BUT I'M THE BUILDER. OKAY. JUST COME FORWARD AND STATE YOUR NAME. YOU'RE JUST. YEP YEAH. IT SHOULD IT SHOULD PICK YOU UP. CALLING YOU. I DON'T REALLY HAVE ANYTHING TO SAY IF Y'ALL HAVE QUESTIONS FOR ME, I CAN'T REALLY SPEAK FOR THE HOMEOWNER. I KNOW THAT THEY HAVE A BUNCH OF KIDS, SO I'M JUST TRYING TO MAKE A, LIKE, A NICE LITTLE BUILDING FOR THEIR KIDS TO PLAY WITH OR GOOD TIME TO SPEND WITH THEIR FAMILY, I'M TERRIBLE AT PUBLIC SPEAKING, SO JUST BEAR WITH ME, BUT Y'ALL HAVE ANY QUESTIONS FOR ME? IT'S PRETTY STRAIGHTFORWARD. I BUILT A LOT OF THESE, NOT REALLY A LOT IN THE SAINT PAUL AREA, SO I CAN ANSWER ANY QUESTIONS THAT YOU HAVE. OKAY ANY QUESTIONS? ALL RIGHT. WE WILL OPEN A PUBLIC HEARING. ARE THERE ANY CITIZENS PRESENT THAT WOULD LIKE TO MAKE ANY COMMENTS ON THIS? SEEING THAT THERE IS NONE, WE WILL CLOSE THE PUBLIC HEARING AND MOVE TO BOARD DISCUSSION. ASK A QUESTION. I NOTICED IN HERE THERE'S AN APPROVAL EVEN FROM THE, THE CREEKSIDE, THE ESTATES OF CREEKSIDE OWNERS ASSOCIATION, INC. THEY'RE THEY'RE IN AGREEMENT WITH IT ALSO. IS THAT CORRECT? YEAH, THEY ALREADY HAVE THE APPROVAL LETTER FROM THE HOA. OKAY. WE USUALLY ASK IF AN APPLICANT IS INSIDE THE HOA. WE ASK THEM TO PRESENT, THE PROPOSAL TO THEIR HOA AND GET A LETTER ONE WAY OR THE OTHER, BECAUSE WE FEEL THAT THAT DOES HAVE MERIT, WHILE THE, THE BOARD IS, IS LOOKING AT OR CONSIDERING AN ITEM. OKAY I HAVE A QUESTION, AS FAR AS THE STRUCTURE OR AREA, IS IT ALL, IS IT. NO, NO, NO, YOU TURN IT BACK ON. THERE YOU GO. YEAH. OKAY. SO THE STRUCTURE IS PRETTY MUCH THE SAME HEIGHT AS THE HOME. THE ONLY ISSUE WITH IT BASICALLY IS BECAUSE IT'S NOT ENCLOSED. SO IT COULDN'T BE CONSIDERED AS PART OF THE ACTUAL HOME WITH THEM ADDING ON TO THE EXTENDED. THE ISSUE IS THAT IT'S GOING TO EXTEND INTO INTO THE 25 FOOT SETBACK. OKAY WHICH THE 20 SETBACK IS HOW FAR AWAY FROM THE PROPERTY LINE IT NEEDS TO BE.AND THEY'RE GOING TO BE CLOSER THAN THAT BY, FOUR FEET BECAUSE IT'S YEAH, IT'S GOING DOWN TO 20. IT WOULD BE. IT'S GOING TO BE 21FT AWAY FROM THEIR PROPERTY LINE. SO THERE'S STILL 20FT OF BACKYARD JUST YOU KNOW, OBVIOUSLY YOU CAN SEE IT. AND THEY'VE GOT THE HUGE CORNER LOT AND ALL OF THAT. SO AND LIKE I SAID THE CITY HAS CHANGED OUR RULES SINCE THEN WHERE THIS WOULD BE AUTOMATIC IF THEY WEREN'T INSIDE THAT PARTICULAR SUBDIVISION. SO, IT'S JUST BECAUSE THEY'RE INSIDE THAT PARTICULAR SUBDIVISION THAT THEY HAVE TO COME TO Y'ALL. THANK YOU. YEP ANY OTHER DISCUSSION? IF NOT, I WILL ENTERTAIN A MOTION. OH, YOU GOT TO. DID YOU CLOSE THE PUBLIC HEARING? I DID CLOSE IT. YEAH, I'LL CLOSE IT. NO, HE GOT IT. THANK YOU. I'LL MAKE A MOTION THAT WE APPROVE THE VARIANCE AS REQUESTED BY THE APPLICANT. SECOND. I SECOND. ANY OTHER DISCUSSION? WE WILL CONTINUE TO VOTE BY SHOW OF HANDS. IF YOU APPROVE THIS MOTION AS PRESENTED, RAISE YOUR HAND. LOOKS LIKE WE HAVE UNANIMOUS APPROVAL TO THIS MOTION. THANK YOU SO MUCH FOR THAT. I DON'T SEE US HAVING ANY OTHER AGENDA ITEMS, SO I WILL ENTERTAIN A MOTION TO CLOSE OUR MEETING. BEFORE YOU DO THAT, I JUST WANT TO LET EVERYBODY KNOW WE ALREADY HAVE AN APPLICATION FOR NEXT MONTH, SO WE WILL HAVE A MEETING. OKAY, SO MARK YOUR
[00:15:04]
CALENDARS. OKAY. VERY GOOD, VERY GOOD, VERY GOOD. SO WITH THAT SAID, DO I HAVE A MOTION TO CLOSE OUR MEETING TODAY? I MOTION TO CLOSE THE MEETING AND A SECOND, SECOND, SECOND. VERY GOOD. LET'S SEE. A SHOW OF HANDS OF ALL WHO APPROVED THAT MOTION. AND WE ARE ADJOURNED. THANK YOU SO MUCH FOR BEING HERE* This transcript was compiled from uncorrected Closed Captioning.