00:00:07,840	And the first item we have on our agenda. Is the uh review our agenda. Is the uh review and approval of the minutes and approval of the minutes from the January 2024 meeting. from the January 2024 meeting. I Read it over and they. Called I Read it over and they.

00:00:23,650	Called me Wagner in a couple of places me Wagner in a couple of places on a motion. OK um. A 4 with on a motion. OK um. A 4 with the motion was made. times it the motion was made.

00:00:41,200	times it times it times it somewhere times it times it somewhere where Um Is that a motion to where Um Is that a motion to approve as amended? Yes. approve as amended? Yes. Approve. With those changes, I Approve. With those changes, I would. Um, motion to. Care Of a would. Um, motion to. Care Of a second I'll second it OK, and second I'll second it OK, and we'll take roll on that.

00:01:04,490	Board we'll take roll on that. Board member Jansen. Board member member Jansen. Board member Board member board member Board member board member Wangler. Board member lark, yes. Wangler. Board member lark, yes. Thank you, um, it's been a Thank you, um, it's been a while since we've, since we've while since we've, since we've met.

00:01:20,940	We've got a relatively met. We've got a relatively short agenda as far as items short agenda as far as items that we have on our agenda. The that we have on our agenda. The second item we have is a public second item we have is a public hearing on a property in hearing on a property in Ponderosa Riverside Village.

00:01:30,020	Ponderosa Riverside Village. And we'll start off with a And we'll start off with a presentation by staff on this presentation by staff on this request for variance. Thank you request for variance.

00:01:54,210	Thank you Chairwoman, Clark, board Chairwoman, Clark, board members Daniel Olson is members Daniel Olson is requesting approval of a requesting approval of a variance from Section 140507 of variance from Section 140507 of the City Code of ordinances, the City Code of ordinances, the section that outlines the the section that outlines the requirements for a building requirements for a building permit on part of Section 3 Hay permit on part of Section 3 Hay Creek Township, formerly

00:02:03,750	Creek Township, formerly platted as Lot 25, Block 1 platted as Lot 25, Block 1 Ponderosa Riverside Village, to Ponderosa Riverside Village, to allow the construction of a allow the construction of a 1400 square foot accessory 1400 square foot accessory building on his property. His building on his property.

00:02:14,430	His request is located northwest of request is located northwest of Bismarck, north of Olive Tree Bismarck, north of Olive Tree Drive and west of River Road Drive and west of River Road Along the south side of Along the south side of Magnolia Drive. His property Magnolia Drive. His property has a unique history.

00:02:22,710	It was has a unique history. It was zoned residential and platted zoned residential and platted as Lot 25, block 1, Ponderosa as Lot 25, block 1, Ponderosa Riverside Village in 1963. Riverside Village in 1963.

00:02:32,720	However, our records indicate However, our records indicate that this slot was vacated from that this slot was vacated from the plat on about 1968. At the the plat on about 1968. At the time of plotting, the lot was time of plotting, the lot was 25,726 square feet in area, 25,726 square feet in area, according to our records, the according to our records, the lot size was increased to

00:02:46,060	lot size was increased to 32,234 or 0.74 acres. When 32,234 or 0.74 acres. When sunshine Drive along the west sunshine Drive along the west side of the property was also side of the property was also vacated in or around 1968. We vacated in or around 1968.

00:02:57,010	We do consider this property a do consider this property a parcel of record because it parcel of record because it existed prior to the city existed prior to the city obtaining zoning jurisdiction obtaining zoning jurisdiction of this area, we obtained of this area, we obtained zoning jurisdiction in 1983. zoning jurisdiction in 1983.

00:03:07,220	However, it still does not meet However, it still does not meet the requirements for issuing a the requirements for issuing a building permit. There are building permit. There are properties that do not meet properties that do not meet requirements for building requirements for building permits throughout our zoning permits throughout our zoning jurisdiction. Because of this, jurisdiction.

00:03:17,230	Because of this, the zoning ordinance includes the zoning ordinance includes criteria for issuing building criteria for issuing building permits for parcels of record. permits for parcels of record. In this particular situation, In this particular situation, the following criteria apply. the following criteria apply.

00:03:27,040	The parcel of record meets the The parcel of record meets the minimum lot area requirement minimum lot area requirement for a zoning lot in the for a zoning lot in the district, the parcel is located. district, the parcel is located. His property does not meet this His property does not meet this requirement. The minimum lot requirement.

00:03:35,180	The minimum lot size for a lot located in the size for a lot located in the RR residential zoning district. RR residential zoning district. That was plotted prior to 2003 That was plotted prior to 2003 is 40,000 square feet. Again, is 40,000 square feet. Again, this parcel is 32,234 square this parcel is 32,234 square feet or 0.74 acres.

00:03:47,990	Properties feet or 0.74 acres. Properties smaller than 40,000 square feet smaller than 40,000 square feet may may not meet minimum parcel may may not meet minimum parcel size requirements for septic size requirements for septic systems, according to the North systems, according to the North Dakota State Plumbing Code. Dakota State Plumbing Code.

00:03:58,130	However, the applicant has However, the applicant has submitted information from submitted information from Bauer's excavating, indicating Bauer's excavating, indicating that the existing septic system that the existing septic system that if the existing septic that if the existing septic system fails, the system would system fails, the system would to be removed in a new system

00:04:07,940	to be removed in a new system installed in its place. A installed in its place. A parcel of record has a parcel of record has a principal frontage on a principal frontage on a dedicated public right of way dedicated public right of way or on a permanent exclusive, or on a permanent exclusive, non-obstructive access easement

00:04:17,890	non-obstructive access easement to a dedicated public right of to a dedicated public right of way, not less than 20 ft wide. way, not less than 20 ft wide. This property meets this This property meets this requirement. The principal requirement.

00:04:27,230	The principal frontage for the property is frontage for the property is along Magnolia Drive, which is along Magnolia Drive, which is a public right of way. A parcel a public right of way. A parcel of record is an auditor slot or of record is an auditor slot or an adequate description rather an adequate description rather than a meets meets and bounds than a meets meets and bounds description.

00:04:36,510	This property does description. This property does not meet this requirement. The not meet this requirement. The property is described as a property is described as a meets and bounds description. meets and bounds description. As it was vacated and no longer As it was vacated and no longer located within a plotted located within a plotted subdivision.

00:04:45,150	Because the subdivision. Because the property does not meet all of property does not meet all of the criteria staff was unable the criteria staff was unable to issue a building permit for to issue a building permit for the proposed accessory building. the proposed accessory building.

00:04:55,220	Pursuant to Section 140602 of Pursuant to Section 140602 of the City Code of Ordinances, the City Code of Ordinances, this board of adjustment may this board of adjustment may vary or adjust strict vary or adjust strict application of any of the application of any of the requirements in the zoning requirements in the zoning ordinance in case of an ordinance in case of an exceptionally irregular, narrow,

00:05:03,970	exceptionally irregular, narrow, shallow, or steep lot other shallow, or steep lot other than exceptional physical or than exceptional physical or topographical conditions by topographical conditions by reason of which the strict reason of which the strict application of the provisions application of the provisions of the zoning ordinance would of the zoning ordinance would result in an unnecessary

00:05:15,280	result in an unnecessary hardship that would deprive the hardship that would deprive the owner of a reasonable use of owner of a reasonable use of their land or building, but in their land or building, but in no other case. No adjustment in no other case.

00:05:22,490	No adjustment in the Strict application of any the Strict application of any provisions of the zoning provisions of the zoning ordinance shall be granted by ordinance shall be granted by the board unless it finds the the board unless it finds the following, that there are following, that there are special circumstances or special circumstances or conditions that apply to the

00:05:31,090	conditions that apply to the land or buildings that do not land or buildings that do not generally apply to land or generally apply to land or buildings within the buildings within the neighborhood and have not neighborhood and have not resulted from any act of the resulted from any act of the applicant.

00:05:40,040	That the strict applicant. That the strict application of the provisions application of the provisions of the zoning ordinance would of the zoning ordinance would deprive the applicant the deprive the applicant the reasonable use of said land or reasonable use of said land or building, the granting of the building, the granting of the variance is necessary for the

00:05:48,040	variance is necessary for the reasonable use of land or reasonable use of land or building, and that the building, and that the variances is granted by the variances is granted by the board is the minimum variance board is the minimum variance that will accomplish the relief that will accomplish the relief sought by the applicant, and

00:05:57,890	sought by the applicant, and finally that the granting of finally that the granting of the variants will be in harmony the variants will be in harmony with the general in purpose and with the general in purpose and intent of the zoning ordinance intent of the zoning ordinance and not and will not be

00:06:05,730	and not and will not be injurious to the neighborhood injurious to the neighborhood or otherwise detrimental to the or otherwise detrimental to the public welfare. The applicant public welfare. The applicant has submitted a written has submitted a written statement that identifies their statement that identifies their anticipated hardship and anticipated hardship and explains why they believe that

00:06:14,340	explains why they believe that the variant should be granted. the variant should be granted. The document was included in The document was included in your packet for review. Hay your packet for review. Hay Creek Township was notified of Creek Township was notified of this request on August 23rd.

00:06:23,080	this request on August 23rd. The township has not yet made The township has not yet made any recommendation to staff any recommendation to staff regarding this request. 87 regarding this request.

00:06:34,690	87 letters were mailed to the letters were mailed to the owners of nearby property also owners of nearby property also on August 23rd, we did receive on August 23rd, we did receive one comment um expressing no one comment um expressing no objection to the request. That objection to the request. That comment was delivered to you comment was delivered to you prior to this evening's meeting. prior to this evening's meeting.

00:06:41,500	If you choose to approve the If you choose to approve the variance as proposed, Steph variance as proposed, Steph asked that you identify a asked that you identify a hardship and modify the review hardship and modify the review standards or findings outlined standards or findings outlined in the staff report to support in the staff report to support your decision.

00:06:49,710	The And is here your decision. The And is here if you have any questions if you have any questions before they approach. Would you before they approach. Would you have any questions for me? I do have any questions for me? I do have a question for you. Um, have a question for you.

00:06:58,910	Um, one of the requirements that one of the requirements that isn't met here. Is that it's isn't met here. Is that it's not platted, it's meats and not platted, it's meats and bones instead. Is there bones instead.

00:07:10,060	Is there anything the property owner can anything the property owner can do about that? For um Chair and do about that? For um Chair and Clark board members, the Clark board members, the property owner could file an property owner could file an auditor's plot. Um, they also auditor's plot.

00:07:19,970	Um, they also could go through the formal could go through the formal subdivision process if they subdivision process if they wish, that is probably about a wish, that is probably about a 3 to 4 month process. Thank you. 3 to 4 month process. Thank you. Any additional questions? Yeah, Any additional questions? Yeah, I, I just have one question. If I, I just have one question. If that building was attached to that building was attached to the house.

00:07:41,220	people For member the house. people For member Wrangler, um, commissioner's Wrangler, um, commissioner's Chairwoman, I'd have to look at Chairwoman, I'd have to look at my computer. I don't think it my computer.

00:07:49,570	I don't think it is because of the still those is because of the still those reasons, but I need to double reasons, but I need to double check that particular section. check that particular section. You know, it doesn't look it You know, it doesn't look it doesn't look like it's that far doesn't look like it's that far from the. Right There was a from the. Right There was a breezeway attaching.

00:08:03,310	There may breezeway attaching. There may be building code implications be building code implications with the Breezeway as well. I, with the Breezeway as well.

00:08:09,850	I, I, I defer to Brady who's who's I, I defer to Brady who's who's by the computer who might know by the computer who might know this offhand, but I'd have to this offhand, but I'd have to check that section of the check that section of the ordinance specifically. Yeah, I, ordinance specifically. Yeah, I, I guess I would, I would agree I guess I would, I would agree with there may be some building with there may be some building code changes to the building.

00:08:20,730	code changes to the building. Um, I haven't seen this Um, I haven't seen this particular construction method particular construction method that they're planning, but um, that they're planning, but um, I, I agree with Jenny just to. I, I agree with Jenny just to.

00:08:29,000	To be fair, I think we would To be fair, I think we would have to look that up just to have to look that up just to verify that. They could or verify that. They could or could not. Do that without the could not.

00:08:38,350	Do that without the same issue that we're running same issue that we're running into right now whether or not into right now whether or not being not being plotted. Thank being not being plotted. Thank you. Any additional questions you. Any additional questions for staff? Thanks, Jimmy. Thank for staff? Thanks, Jimmy. Thank you. OK, um, the next thing I'd you.

00:08:57,500	OK, um, the next thing I'd like to do is hear from the like to do is hear from the Applicants, um, is Mr. Daniel Applicants, um, is Mr. Daniel Olson present? Come on up. If Olson present? Come on up.

00:09:10,910	If Yeah, we don't have any problem Yeah, we don't have any problem having both of them as long as having both of them as long as I identify themselves, do we? I identify themselves, do we? Or do you want to do them one Or do you want to do them one at a time? As long as they at a time? As long as they identify themselves, both of identify themselves, both of them is just fine. OK.

00:09:17,850	Thank them is just fine. OK. Thank you. For the record, will you you. For the record, will you state your names? I'm Samantha state your names? I'm Samantha O'Brien. I am the spouse to O'Brien.

00:09:25,930	I am the spouse to Daniel and also homeowner of Daniel and also homeowner of the property, and I'm Daniel the property, and I'm Daniel Olson. Do you have anything to Olson. Do you have anything to add to the presentation that add to the presentation that we've made, um, maybe focusing we've made, um, maybe focusing on what makes your property on what makes your property unique or any hardships that

00:09:39,010	unique or any hardships that you might have. Um, and just in you might have. Um, and just in terms of the facts, I mean, we terms of the facts, I mean, we understand that um we were understand that um we were vacated and there were no vacated and there were no longer plotted into the

00:09:48,820	longer plotted into the subdivision. Um, I think where subdivision. Um, I think where we're coming from is for all we're coming from is for all other intents and purposes we other intents and purposes we are being treated like we're are being treated like we're plotted into ponderosa plotted into ponderosa subdivision, and by that I mean.

00:09:58,560	subdivision, and by that I mean. We're invited to Ponderosa, you We're invited to Ponderosa, you know, parties we're invited to know, parties we're invited to um be in the park group, um, um be in the park group, um, when you come into the when you come into the neighborhood, you would never

00:10:10,310	neighborhood, you would never be able to tell that we are not be able to tell that we are not plotted into Ponderosa, um. plotted into Ponderosa, um.

00:10:22,180	It's also our understanding It's also our understanding that um And this is somebody that um And this is somebody would have to correct me if I'm would have to correct me if I'm wrong, but if we were plotted wrong, but if we were plotted into the subdivision, like this into the subdivision, like this would have never been a concern. would have never been a concern. We would have um been able to We would have um been able to move forward.

00:10:30,930	The septic move forward. The septic wouldn't have been a concern. wouldn't have been a concern. Um, the 1400 square, we would Um, the 1400 square, we would meet the 1400 square feet meet the 1400 square feet minimum, so I really are minimum, so I really are hardship here is.

00:10:42,340	Considering hardship here is. Considering the way our we're Our lot is in the way our we're Our lot is in our neighborhood. For all other, our neighborhood.

00:10:51,010	For all other, like I said, intents and like I said, intents and purposes, it feels like we're purposes, it feels like we're we're ponderous to subdivisions, we're ponderous to subdivisions, so that's where we're coming so that's where we're coming from with this request. This is from with this request. This is probably obvious, but just for probably obvious, but just for the record. I'm assuming that the record.

00:11:01,790	I'm assuming that when this property was taken when this property was taken out of the plant, you weren't out of the plant, you weren't involved in this. No, actually, involved in this. No, actually, and in fact, when we um bought and in fact, when we um bought this property about a year ago, this property about a year ago, we actually, we.

00:11:11,700	Feel we tried we actually, we. Feel we tried to do our due diligence in. to do our due diligence in. Call, we've called the city Call, we've called the city about this plot before we even about this plot before we even bought it because. We always bought it because.

00:11:21,640	We always intended to possibly build like intended to possibly build like a shop. And at the time we, it a shop. And at the time we, it took some digging for multiple took some digging for multiple people and we were told that, people and we were told that, yes, Sunshine Lane was vacated, yes, Sunshine Lane was vacated, but at that point, um, when we

00:11:32,250	but at that point, um, when we were going through the buying were going through the buying process. We were not informed process. We were not informed of like our lot being vacated of like our lot being vacated along with that road, so we along with that road, so we went ahead with this purchase.

00:11:42,530	went ahead with this purchase. And then once we submitted the And then once we submitted the building permit, that's when building permit, that's when this all really came to light this all really came to light this last summer. Yeah Anything this last summer.

00:11:52,270	Yeah Anything else that you'd like to add or else that you'd like to add or you think we should consider you think we should consider and making a determination. I and making a determination. I don't think so. OK, thank you. don't think so. OK, thank you.

00:12:06,620	Is there anyone else who's Is there anyone else who's present who'd like to address present who'd like to address the The board on this. up and the The board on this. up and state your name, please? Uh, state your name, please? Uh, Chair Clark, board members, my Chair Clark, board members, my name is Travis Johnson, and I name is Travis Johnson, and I have the property immediately

00:12:22,970	have the property immediately adjacent to this subject adjacent to this subject property. Um, since I've lived property. Um, since I've lived out there, I've looked up and out there, I've looked up and studied the plats on this and studied the plats on this and how this development has been how this development has been replatted numerous times over

00:12:32,910	replatted numerous times over the years and When it was the years and When it was initially laid out back in 1963, initially laid out back in 1963, the lots were made very small the lots were made very small and you know, when Sunshine and you know, when Sunshine Lane was vacated, a replot was

00:12:42,420	Lane was vacated, a replot was done on this section and my done on this section and my property along with the Olson property along with the Olson was Left out of that replant, I was Left out of that replant, I believe it was an oversight believe it was an oversight because that basically left it

00:12:53,000	because that basically left it orphaned within the development, orphaned within the development, so they're simply a victim of so they're simply a victim of the, the way that replot was the, the way that replot was conducted because it cuts off conducted because it cuts off at Sunshine Lane and then

00:13:02,140	at Sunshine Lane and then everything to the west from everything to the west from there and then to the south of there and then to the south of their lot. was recut and their lot.

00:13:11,420	was recut and replatted, but for some reason replatted, but for some reason our corner was just left out of our corner was just left out of that replat from what the that replat from what the original plot was. So it's of original plot was.

00:13:20,360	So it's of no fault of theirs that We have no fault of theirs that We have this situation where these lots this situation where these lots are, you know, just kind of are, you know, just kind of hanging in limbo like that, but hanging in limbo like that, but I myself own 3 lots which still I myself own 3 lots which still only adds up to 1.38 acres. Uh, only adds up to 1.38 acres.

00:13:29,570	Uh, previous to this, I had moved previous to this, I had moved all of 500 ft from three all of 500 ft from three residences down up and upgraded residences down up and upgraded to the property they currently to the property they currently own that prior residence had own that prior residence had 1.

00:13:38,580	5 lots within this 1.5 lots within this development and they came to development and they came to 0.68 acres, which I still 0.68 acres, which I still believe is below the minimum believe is below the minimum required out there. And on that required out there.

00:13:46,250	And on that lot, I still had a detached lot, I still had a detached double garage that was double garage that was constructed on that property, constructed on that property, as most of the residences out as most of the residences out here have, they have. here have, they have.

00:13:55,000	Outbuildings detached Outbuildings detached structures, and it's it's very structures, and it's it's very common out there and he's common out there and he's Asking for something basically Asking for something basically that everybody else already has. that everybody else already has.

00:14:04,010	And it's simply because of the And it's simply because of the way that replat was cut and way that replat was cut and also how they're kind of hammed also how they're kind of hammed in and the way these lots were in and the way these lots were cut back in the day was below cut back in the day was below what the standards are for.

00:14:10,680	Uh, what the standards are for. Uh, developments today and you know, developments today and you know, current. Standards that are, current. Standards that are, have been applied since what, have been applied since what, 2003 I believe when the county 2003 I believe when the county ordinances set that minimum lot ordinances set that minimum lot size for rural residential

00:14:20,090	size for rural residential subdivisions. And also the way subdivisions. And also the way he's proposing to do this, it's he's proposing to do this, it's It's very reasonable that the It's very reasonable that the way it's set just off to the way it's set just off to the side of the house, it's where

00:14:28,630	side of the house, it's where any normal person would put any normal person would put their garage and personally as their garage and personally as the neighbor immediately the neighbor immediately adjacent to it, I see adjacent to it, I see absolutely nothing wrong with absolutely nothing wrong with his request to place a garage

00:14:37,970	his request to place a garage just like everybody else out just like everybody else out there has like I have. I have a there has like I have. I have a garage that sits. 10 ft away garage that sits.

00:14:44,110	10 ft away from my house, but it's not from my house, but it's not connected. It also allows you connected. It also allows you to walk between the two and get to walk between the two and get there and you, you don't have there and you, you don't have to go all the way around or

00:14:48,520	to go all the way around or have doors and go in and then have doors and go in and then back out again if you want to back out again if you want to cross from your driveway into cross from your driveway into your backyard, so. I said, um.

00:14:57,330	your backyard, so. I said, um. He's just asking for what most He's just asking for what most of everybody else out there of everybody else out there already has and the way that already has and the way that relot was conducted kind of relot was conducted kind of puts him into a corner and this

00:15:05,330	puts him into a corner and this is one of the main reasons why is one of the main reasons why that we're here. So I've, I've that we're here.

00:15:11,140	So I've, I've studied that kind of scratched studied that kind of scratched my heads, and I looked at it my heads, and I looked at it and uh like I said, I think it and uh like I said, I think it was just an oversight cause was just an oversight cause they cut it off at Sunshine they cut it off at Sunshine Lane when they did the replant

00:15:16,410	Lane when they did the replant for some reason. The next 4 for some reason. The next 4 lots over his and mine were lots over his and mine were just left out of that replat. just left out of that replat. Because it replanted that whole Because it replanted that whole subdivision.

00:15:26,860	And when it redrew subdivision. And when it redrew it, it just left out this piece it, it just left out this piece here. So, um, and I've I've here.

00:15:32,590	So, um, and I've I've actually looked into it on my actually looked into it on my own, kind of, you know, trying own, kind of, you know, trying to see exactly what my zoning to see exactly what my zoning is and what my. Covenants are is and what my.

00:15:42,770	Covenants are and such, and I don't really and such, and I don't really fall under anything because it fall under anything because it was essentially almost not was essentially almost not vacated, but like I said, it vacated, but like I said, it was just left out of the replay. was just left out of the replay.

00:15:51,310	So, um, I just would like to So, um, I just would like to voice my support for his voice my support for his intention to to build a garage intention to to build a garage because it's very reasonable because it's very reasonable request and. You have no request and. You have no adverse impacts on anyone out adverse impacts on anyone out there, myself included. And uh there, myself included.

00:16:01,190	And uh That's what I would have to say That's what I would have to say about that. Any questions for about that. Any questions for Mr. Johnson? I guess my Mr. Johnson? I guess my question would be how many lots question would be how many lots are actually. Left out of the are actually.

00:16:13,070	Left out of the Of the reply, did you say 4? I Of the reply, did you say 4? I believe it was 4. And there's believe it was 4. And there's his year immediately west to his year immediately west to him and my property contains 3 him and my property contains 3 of those slots because the lots

00:16:20,810	of those slots because the lots are 100 ft wide by 200 ft deep, are 100 ft wide by 200 ft deep, so they're only 0.46 acres so they're only 0.46 acres apiece. And I have 3 of them, apiece. And I have 3 of them, so I have a total of 1.

00:16:28,820	6 or so I have a total of 1.6 or 1.38 acres on my property. And 1.38 acres on my property. And I believe he's got one lot plus I believe he's got one lot plus the vacated portion of Sunshine the vacated portion of Sunshine Lane, that's an accessory to Lane, that's an accessory to his lot.

00:16:38,760	So that's how that his lot. So that's how that adds up. That's where the math adds up. That's where the math comes out on that one. OK, comes out on that one. OK, thank you. Alright, any further thank you.

00:16:50,340	Alright, any further questions? Like I said, I've questions? Like I said, I've looked, I've looked into this, looked, I've looked into this, you know, just researching my you know, just researching my own property and his falls into own property and his falls into basically the same category as basically the same category as mine, so I'm familiar with the mine, so I'm familiar with the situation.

00:16:59,780	Do you have anyone situation. Do you have anyone else that is interested in else that is interested in testifying on this matter? on testifying on this matter? on up and state your name, please. up and state your name, please. Good evening. My name is Alan. Good evening. My name is Alan.

00:17:13,860	Excuse me, Eleanor, who's and Excuse me, Eleanor, who's and uh My wife and I own the the uh My wife and I own the the lot that is directly south lot that is directly south we've got. 1.67 acres directly we've got. 1.67 acres directly to the south. And so we see to the south.

00:17:27,010	And so we see nothing wrong with either and nothing wrong with either and voice our support also. Thank voice our support also. Thank you. Anyone else interested in you. Anyone else interested in testifying on this matter? On, testifying on this matter? On, going twice. OK, we'll close going twice. OK, we'll close the public hearing portion of, the public hearing portion of, of our.

00:17:47,560	Hearing on this of our. Hearing on this variance request. Um, Board variance request. Um, Board members we've got This variance members we've got This variance request in front of us. My request in front of us. My understanding is we've got two understanding is we've got two issues that are Not satisfied issues that are Not satisfied under the ordinance.

00:18:01,580	First is under the ordinance. First is that the lot is slightly too that the lot is slightly too small. For the for the building small. For the for the building that's requested. Um, they are that's requested. Um, they are at 32 2 34, and we require at 32 2 34, and we require 40,000 square feet.

00:18:15,460	And the 40,000 square feet. And the second item is that It's not second item is that It's not platted. That it was For platted. That it was For whatever reason, it was left whatever reason, it was left out of the planning when it was out of the planning when it was redone. Um, And Jenny.

00:18:27,000	Thank redone. Um, And Jenny. Thank you. um. Chairwoman Clark, um, you. um. Chairwoman Clark, um, to answer board member to answer board member Wangler's question, um, the Wangler's question, um, the same instance, um, the same same instance, um, the same circumstances with the same circumstances with the same criteria would apply even if it

00:18:36,810	criteria would apply even if it was in addition to the property was in addition to the property with an additional, um, with an additional, um, criteria that we can't have the, criteria that we can't have the, the addition be more than 25% the addition be more than 25% of the assessed value.

00:18:46,490	So still of the assessed value. So still being that the property is not being that the property is not platted or recognized as being platted or recognized as being formally platted and it's formally platted and it's substandard as far as the size substandard as far as the size goes.

00:18:56,030	Um, and then to clarify goes. Um, and then to clarify your question you had Chair your question you had Chair Clark, um, the property could Clark, um, the property could be. it or do an auditor's plot, be. it or do an auditor's plot, but that wouldn't fix the the but that wouldn't fix the the small sizes, right. Thank you.

00:19:10,310	small sizes, right. Thank you. So what say you? Another So what say you? Another question for staff probably. So question for staff probably. So my understanding is there's my understanding is there's there's quite. Not quite a few, there's quite. Not quite a few, but a lot of the.

00:19:31,600	The lots out but a lot of the. The lots out there, the property out there there, the property out there that are already. Not probably that are already. Not probably in compliance with This in compliance with This ordinance also. With the ordinance also.

00:19:44,310	With the septics and the size of their septics and the size of their lots with with garages. I my lots with with garages. I my understanding, sure, um, board understanding, sure, um, board members, board member, um, members, board member, um, cipher. You're correct, this cipher.

00:19:56,360	You're correct, this plot was done prior to really plot was done prior to really any kind of the, the any kind of the, the requirements that we see today, requirements that we see today, um, done with under different um, done with under different jurisdiction, there are a jurisdiction, there are a number of lots out there that number of lots out there that do not meet the minimum parcel

00:20:05,030	do not meet the minimum parcel size of 400,000 square feet size of 400,000 square feet right now. So there are some right now. So there are some that are half an acre, some that are half an acre, some that are about 26,000 square that are about 26,000 square feet.

00:20:11,840	Some of those have feet. Some of those have building permits that may have building permits that may have been issued many, many years been issued many, many years ago that didn't, you know, ago that didn't, you know, necessarily need to have any necessarily need to have any kind of variants at the time,

00:20:18,250	kind of variants at the time, but because the way the code is but because the way the code is written. We need to do a written. We need to do a variance for this one. And to variance for this one. And to add to that this I understand add to that this I understand correct. Correctly, Jenny.

00:20:34,860	This correct. Correctly, Jenny. This Ponderosa Village came under Ponderosa Village came under the jurisdiction of the city of the jurisdiction of the city of Bismarck. Um, in the 80s. It Bismarck. Um, in the 80s.

00:20:47,140	It was plotted in 1963 and then was plotted in 1963 and then became part of the city's ETA became part of the city's ETA in 1983. We kind of inherited in 1983. We kind of inherited this. Situation. Go, go ahead. this. Situation. Go, go ahead. If It's zoned as rural If It's zoned as rural residential. And Do they have a residential.

00:21:23,780	And Do they have a maximum Rough coverage area for maximum Rough coverage area for rural residential like we do. rural residential like we do. For city You know, you got an For city You know, you got an R5 you can cover 30%. You got R5 you can cover 30%. You got an R10. The exact same land.

00:21:34,190	an R10. The exact same land. But you can cover 40% of them. But you can cover 40% of them. The property with a roof. It The property with a roof. It evidently doesn't need as much. evidently doesn't need as much. Permeable, so I hope so.

00:21:45,670	I have Permeable, so I hope so. I have a tough time understanding that, a tough time understanding that, but it's, it, it's the rule. Um, but it's, it, it's the rule. Um, At 32,000. square foot lot. The At 32,000. square foot lot. The house isn't. Huge.

00:21:59,410	I mean, it's house isn't. Huge. I mean, it's not covering. I don't think 20%. not covering. I don't think 20%. I wouldn't guess that this I wouldn't guess that this building on there. With the building on there. With the house would cover 30% of the house would cover 30% of the property.

00:22:12,360	So, just a different property. So, just a different zoning on that. would give them zoning on that. would give them permission to do that except permission to do that except that there's that 40,000 square that there's that 40,000 square foot number. That is no fault foot number. That is no fault of their own.

00:22:24,370	It's not like of their own. It's not like they sold this off after. The they sold this off after. The city came and and the ETA took city came and and the ETA took it over. I think for that it over.

00:22:33,980	I think for that reason that's a hardship on a reason that's a hardship on a piece of property that. Um, You piece of property that. Um, You know, basically you've got a know, basically you've got a pigeonholed into and not being pigeonholed into and not being able to do anything. If, if If able to do anything.

00:22:45,260	If, if If the house burned out, could the house burned out, could they build a new house on that they build a new house on that property? remember Wangler property? remember Wangler board members, Chairwoman Clark, board members, Chairwoman Clark, yes, they could. The ordinance yes, they could.

00:22:57,940	The ordinance does allow them to build at the does allow them to build at the exact same footprint of the exact same footprint of the existing home. Yeah As you. existing home. Yeah As you. Contemplate how to move forward. Contemplate how to move forward.

00:23:23,430	I would encourage you to At I would encourage you to At this meeting and future this meeting and future meetings, review the procedure meetings, review the procedure and protocol document that we and protocol document that we were provided. That lays out were provided. That lays out the requirements if we do or do the requirements if we do or do not grant variance. See that.

00:25:25,420	not grant variance. See that. If you think board discussion If you think board discussion on this would be helpful. We on this would be helpful. We need to have a motion in front need to have a motion in front of us to facilitate that of us to facilitate that discussion.

00:25:39,370	I think Elle was on discussion. I think Elle was on the right track for hardship. the right track for hardship. Emotionally you Chair type I Emotionally you Chair type I would make a motion that would would make a motion that would grant the variance. Due to. A grant the variance. Due to.

00:26:11,600	A lot being Coming under um The lot being Coming under um The restriction. After The, you restriction. After The, you know, the whole thing was know, the whole thing was approved. It's 75% of what. Um, approved. It's 75% of what.

00:26:28,680	Um, You know, they say that it has You know, they say that it has to have to make this not be an to have to make this not be an issue. But it's had no fault of issue. But it's had no fault of the owners, and I think. I, I the owners, and I think.

00:26:38,560	I, I drove out there today and I drove out there today and I looked around and there's a lot looked around and there's a lot of outbuildings. There's not a of outbuildings. There's not a lot of larger shops. But I lot of larger shops.

00:26:49,100	But I think there's a lot of them think there's a lot of them that are 1000 to 11 or 1200 that are 1000 to 11 or 1200 square foot double triple or a square foot double triple or a quadruple garage I saw, saw a quadruple garage I saw, saw a couple of shops. I think couple of shops. I think denying this is a hardship to denying this is a hardship to the owners. Because they have the owners. Because they have plenty of land. OK. O.

00:27:03,950	Can I plenty of land. OK. O. Can I Try to rephrase some of that Try to rephrase some of that and tell me if I've hit it on and tell me if I've hit it on on the head or not. And I want on the head or not.

00:27:10,060	And I want to be careful I'm not putting to be careful I'm not putting words in your mouth, so I wanna words in your mouth, so I wanna make sure you're along with me. make sure you're along with me. Did I hear you say that there Did I hear you say that there are special circumstances. Yes. are special circumstances. Yes.

00:27:20,540	And that the strict application And that the strict application of the provisions of the zoning of the provisions of the zoning ordinance would deprive the ordinance would deprive the property owners of the regular property owners of the regular use and the normal use of that use and the normal use of that property like their neighbors

00:27:26,940	property like their neighbors are. I believe it would I are. I believe it would I believe it would I believe it believe it would I believe it would. OK granting the variance would.

00:27:34,750	OK granting the variance would be in harmony with the would be in harmony with the general purposes of the zoning general purposes of the zoning ordinance and would be ordinance and would be injurious to the neighborhood injurious to the neighborhood or otherwise detrimental to or otherwise detrimental to public welfare. I don't think public welfare. I don't think it would harm any of the it would harm any of the neighbors, OK.

00:27:44,960	Does that give neighbors, OK. Does that give us the motion we need to move us the motion we need to move forward. Thank you. So we've forward. Thank you.

00:27:54,700	So we've got a motion on the, on the got a motion on the, on the table to grant the variance table to grant the variance based on, uh, special based on, uh, special circumstances. Do we have a circumstances. Do we have a second? I will second that. second? I will second that.

00:28:08,450	Would you like to have some Would you like to have some discussion on this? I think discussion on this? I think we've got the the two different we've got the the two different elements of this. We've got the elements of this.

00:28:16,320	We've got the size of the lot, we've got the size of the lot, we've got the platting, um, from my platting, um, from my perspective, the plating is perspective, the plating is outside the hands of our outside the hands of our property owners that happened. property owners that happened. Years ago when there doesn't Years ago when there doesn't seem to be a lot of rhyme or seem to be a lot of rhyme or reason to that. Today. Um, as reason to that. Today.

00:28:26,600	Um, as the property participates in the property participates in their community just like every their community just like every other parcel of property in other parcel of property in that neighborhood does. Um, that neighborhood does. Um, then we've got the issue of the then we've got the issue of the property being. Too small based property being. Too small based on the ordinance requirement.

00:28:37,140	on the ordinance requirement. Um, I think when this if, if my Um, I think when this if, if my understanding is correct when understanding is correct when this Property was was designed this Property was was designed It wasn't too small. They were It wasn't too small.

00:28:53,830	They were outside of our jurisdiction and outside of our jurisdiction and We inherited this situation. Um We inherited this situation. Um so I would be supportive of so I would be supportive of finding a hardship. Any other finding a hardship. Any other discussion on this? OK, no more discussion on this? OK, no more discussion.

00:29:11,980	We'll close the, uh, discussion. We'll close the, uh, the discussion and take role. the discussion and take role. Board member Jansen. Board Board member Jansen. Board member cipher board member Wolf, member cipher board member Wolf, board member Wangler and chair board member Wangler and chair clerk, yes. OK, so that motion clerk, yes.

00:29:36,740	OK, so that motion carries, um, the variance is carries, um, the variance is granted as property owners, I granted as property owners, I believe you've got 24 months. believe you've got 24 months. Is that correct? To do your Is that correct? To do your construction. If it's going to construction.

00:29:45,350	If it's going to take longer than that, I think take longer than that, I think you probably need to touch base you probably need to touch base with, um, Would, would the with, um, Would, would the department then? And take steps department then? And take steps as necessary. Um, I think the as necessary.

00:30:00,960	Um, I think the next thing we've got on our next thing we've got on our agenda is other business. And agenda is other business. And when I touched base with staff when I touched base with staff earlier. I don't know that we earlier. I don't know that we have anything. Else that we have anything.

00:30:09,700	Else that we need to address under that? need to address under that? That's correct Chairwoman Clark, That's correct Chairwoman Clark, we do not have anything under we do not have anything under other business. We may have other business. We may have another meeting next month. another meeting next month. Stay tuned. Applic applications Stay tuned. Applic applications are due on Monday.

00:30:21,520	OK, and our are due on Monday. OK, and our next meeting is on. October next meeting is on. October Let's see. 3rd, the 3rd October Let's see. 3rd, the 3rd October 3rd. Thank you. Um, and I guess 3rd. Thank you. Um, and I guess no further business before us, no further business before us, we can adjourn the meeting.