00:00:11,670	OK, so my clock says 5 o’clock, let’s call the Board of Adjustments to order. The first item we have on our meeting agenda is approval of the meeting minutes. I think that’s from September, isn’t it? Does that sound right? Have you guys had an opportunity to review those? Moved to approve.

00:00:30,470	We’ve got a motion to approve. Do we have a second? Second. We’ve got a second, um, we need to take a role on that. Or memorable. Yes. Pardon my Seifert. Yes. Board member Wangler. Yes. Board member Jansen, yes Chair Clark, yes. OK, thank you. The motion carries on that.

00:00:55,430	Uh, the second item we have is the single variance request that we have, if we could call on staff to present that. Sure thing. Good evening, Chair and Clark, board members. Todd and Lois E. Lee are requesting approval of a variance from section 140507 of the city code of ordinances requirement for a building permit on their property for the reconstruction of two existing decks, one partially

00:01:18,970	covered to their existing single family home. Construction of the proposed decks are considered a building addition. The request is located south of Bismarck, south of Forty-eighth Avenue, southeast between South Washington Street and and 12th Street Southeast along the side of Meadow View Drive itself, if you were wondering.

00:01:40,770	The property is not platted and is a metes and bounds description. According to records, the existing home was constructed in 1974. The property is considered a parcel of record and it existed as a separate parcel prior to the city obtaining jurisdiction in this area.

00:02:03,600	The city of Bismarck obtained extraterritorial jurisdiction and rezone the property along with the adjacent properties within section 28 to rural residential in December of 1976. Permits have been issued for various improvement projects for this property since it was constructed, including building additions to enclose a pool, constructed and attached garage and construct an accessory building. The last primitive record was issued in 2004.

00:02:26,230	According to records, the zoning ordinance was modified somewhere between 2004 and 2008 to add additional criteria for approval of a building permit for a property that is not platted in this particular situation, the following criteria apply. The value of the addition does not exceed 25% of the assessed value of the building. Yes, that would be true.

00:02:49,100	The value of the proposed deck does not exceed 25% of the assessed value of the single family dwelling. The parcel of records. Meets the minimum lot area requirement for a zoning lot in the district in which the parcel is located, yes, the property is 2.19 acres in size, the minimum area requirement for a property in the rural residential zoning district is 1 1.5.

00:03:08,570	A parcel of record has a principal frontage on a dedicated public right of way or on a permanent exclusive, non-obstructed access easement. To a dedicated right of way, not less than 20 ft wide. Yes, this property has access to Meadowview Drive, although not through the typical plating process to dedicate a right of way or an easement.

00:03:28,700	Um, you’ll see in your packet, we were able to find some information, specifically that the Burleig County Commission at their meeting on June 5, 1973, took action to extend Meadowview Drive between lots 12 and 13, block 2 to the southern edge of the latte, essentially providing access to this property.

00:03:51,170	The county and Highway Department has confirmed that this extension is being maintained by their department and would be, I guess, considered a prescriptive roadway. The parcel of record is an auditor’slo or an eloquent description rather than a meet and bounds description. No, this property is not an added auditor’s lot or an adequate description. It is described as a metes and bounds.

00:04:11,470	If approved as proposed, the variances would allow the construction of two existing decks. The reconstruction of two existing decks on the parcel that is legally described as a meets and bounds description.

00:04:30,630	Pursuant to Section 140602 of the city code of Ordinances, the Board of Adjustment may vary or adjust the strict application of any of the requirements in the zoning ordinance in case of an exceptionally irregular narrow, shallow, or steep lot or other exceptional physical or topographical condition by reason of which the strict application of the provisions of the zoning ordinance was would not result in an unnecessary hardship that would deprive the owner of reasonable use of land or building involved.

00:04:52,570	No adjustment of the or no adjustment in the strict application of any provisions of the zoning ordinance shall be granted by this board unless it finds the following, that there are special circumstances or conditions that apply to the land or buildings that do not generally apply to land or buildings within the neighborhood and have not resulted from the act of the

00:05:10,630	applicant. That the strict application of the provisions of the zoning ordinance would deprive the applicant of the reasonable use of said land or building, the granting of the variance is necessary for the reasonable use of land or building and that the variance as granted by the board is the minimum variance that would accomplish the relief sought by

00:05:29,870	the applicant. That the grants of the variances will be in harmony with the general purpose and intent of the zoning ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The applicant has submitted a written statement that identifies their anticipated hardship and explains why they believe the variant should be granted.

00:05:50,730	The document was also included in your packet. Additionally, the public has been notified of this request, 63 letters were mailed to the owners of nearby properties on November 22nd. To my knowledge, we have not received inquiries or any comments for or against the request.

00:06:11,030	If you choose to approve the variance as proposed, staff asks that you identify a hardship, modify the review, modify the review standards or findings outlined in your staff report to support your decision. The applicant, um, is here to answer any questions before they approach. Do you have questions of me? Go ahead. I mean like Jenny, now, this is a.

00:06:32,100	These are decks that were originally there and they tore down they’re gonna do it. Now, if someone builds a house tears down or burns down, they have the footprint there. Doesn’t this? Applied the same kind of purpose that it’s gonna be in the same.

00:06:54,300	Footprint in the same spot, um, board members Seifer, Chair Clark, essentially, yes, if the ordinance provides criteria for if a home was to be. Burn down or tornado or whatever and it was considered a nonconformity er on like a non-lotted lot or there was some issue where a program couldn’t be permitted, they would be allowed to build under the same footprint or foundation.

00:07:12,900	It’s my understanding that the proposed decks are a little bit larger than existing today and with um a new overhang. OK Thank you. Just to build on that, if it was the same footprint, we would still be here today, wouldn’t we? If the deck they were constructing was the same foot footprint. We’d still be here today.

00:07:34,830	Chairwoman Clark, yes, a precedent has been set that we would be here today to get a, a permit because this is an addition to the property. Any additional questions? Yeah, I got a question for Jenny as well.

00:07:59,500	Um, Is this property eligible to be flooded? Is there any reason that could not be done? But remember, while, um, board members, this property could be plotted, um, I’ll note to in the criteria that are listed in the ordinance for approval, um. Likely added around 2004, 2008, the plotting process is a very large extensive process.

00:08:23,600	We, we, we all understand that to alleviate some of that, um, those process requirements, the folks that had our position before us in previous auditors were comfortable with creating an auditor slot, which is very similar to reply of a regular description. You’ve seen those before, um, and built that into the ordinance somewhere between 2004 and 2008. However, as staff has changed and as new folks are in different positions that interpretation is no longer permitted. OK. Thank you.

00:08:47,370	Mhm Uh Just so I’m clear on this, it appears since this property was purchased and built upon and so forth, um, the ordinance has changed. More criteria for that and so forth. So we’re really asking, The applicant To abide by the criteria today that’s, Decades later. Um-hum. And so forth, and we’ve issued permits.

00:09:12,100	Prior to this and not have that criteria, so it’s more of an implementation of How they Implemented the ordinance at the time and whether they overlooked something or didn’t enforce something and so forth. So we have an applicant that has, Uh between a rock and a hard place because These things have changed.

00:09:34,400	They haven’t done, they haven’t changed anything but the criteria has changed, so now they’re in a, a spot that they can’t do what they want to do. Because of all these changes. That ordinance. Board member Jansen, board members, that’s a correct statement. OK. Go ahead. Um You stated that if they were building on the same footprint, you would, we would still be here.

00:10:04,430	For this meeting Or with on the same footprint with they be allowed. To rebuild the same product. I would have to double check that section of the ordinance for requirement of a building permit, I think because this property is described as a metes and bounds, it would have to be an auditor’s plat or a formal subdivision plant.

00:10:26,170	But if you don’t mind, I can check that. Well, and I was, I, I guess. It seems to be in our January meeting we had, The same type of thing. It was too small a lot. Um-hum. And I believe I asked the question then. If it burns down, OK.

00:10:50,300	Could they rebuild in the statement was, They could On the same footprint. That is correct. That is an existing home, so if the home was torn down, they could build on the same footprint but any additions onto that home that would be larger than the existing footprint would have to go through that process, that variance process again.

00:11:08,070	But if they built the same decks they had. We would not be here. Yes. Yes, I’m looking at the building official and yes, that determination would be made during the permit review process. That they could bill me. If it was exactly the same. would be treated more of as a maintenance issue.

00:11:32,970	OK, so we wouldn’t be here today if it were. We would not if they were exactly the same. And uncovered. OK, so the, so this is different in the fact that they are larger and a portion of one of them is, is, is partially covered. It was not covered before. From the aerial photo, it looks like there was a gazebo in its place.

00:12:02,930	OK OK, go ahead. So, it’s, it’s not an issue of metes and bounds as far as the description versus a plaited lot, because that would be in our subdivisions. This was not in a subdivision. Never has been, and so forth, so. Uh, there’s no determination between those two as far as a permit. It’s just. They’re going larger.

00:12:23,170	They’re covering one and so forth. OK. That’s correct. Any additional questions for staff. Thank you. Thank you. OK, let’s, um, Take some testimony from our property owners is it Ely? Eli Eli Eli, um, if one or both of you would like to come up and Give us an overview of what’s, what’s going on.

00:12:54,630	If you’d state your name for the record, please. Sure. So I’m Lois Ely and my husband Todd Ely for the record. So, yeah. So tell us, tell us how this evolved. So I guess we’re, um, Yeah, I guess we had projects around the house. We needed a new roof and new siding and the deck, um.

00:13:22,370	The decks are aging. The, the deck and the back of our house that were that were going a little bit bigger on is um Yeah, it was definitely getting to the point where it was unsafe. We had missing boards.

00:13:43,170	We have a lot of turkeys and they like to sit on our railing and they busted our railing and um and so we made the decision, um, To tear down and rebuild and make sure that um You know, go away from wood and go to um maintenance free, uh, we had a gazebo that was not used very well or for storage than anything and so we wanted to be

00:14:10,430	able to do something where it would be more usable and so we came up with a instead of an optical design, we did a square design, uh, which changed the footprint a little bit and um we readjusted the because there’s kind of like a, a deck and then an attached deck with

00:14:30,630	a little walkway to it and so we went ahead. And kind of changed the structure, uh, changing the stairs and all of that, so it changed changed it not by much, but it gave us a little bit more square footage, so, so apparently that’s um changing the.

00:14:54,200	The structure, but it’s basically covering the same area as it was before, uh, like I said, a little bit different design and um and you know, going through the this process we found out that we’re not flatted. It’s like we have learned, learning a lot, I guess, um, legal description for taxes, legal description for um purchase of the property, legal description is.

00:15:22,170	uh, when they came through, um, recently to try to um put in uh a ***, you know, so, so everybody knows where the property lines are. This is nowhere near, um, anybody’s property line, um, we’ve gone through the process of verifying and making sure that there’s no issues with flood because we are in the

00:15:44,970	flood plain area and so, so that all checked out. So our last hurdle was The plating and um so with the, the changing of the siding, we did tear down the back deck expecting, hey, you know, we’re going to build a new deck and, and, um, unfortunately found out that were, you know, have to adhere

00:16:07,830	to the city of Bismarck because we’re part of the ETA and um And then found out, yeah, that we’re not platted, so surprised, so the, the additions that were done before were prior to us um owning the home and property. So we’ve owned it since 2012.

00:16:31,370	So after the, the flood came through, so, um, yeah, so we’re learning quite a bit about this process, I guess, um and you make an attempt to go to the auditor to try to get a, yeah, I did. I contacted them and they came back.

00:16:53,800	and said that um uh they do not hand out auditors lots for building permits and which was a little confusing because the code says you need an auditor’s lot, and they said they wouldn’t grant it because it’s just for, for tax purposes, which has nothing to do with building permits, and it’s like, well, does that go against the code though, you know, so it seemed like apples and oranges to me, so, so we did, I’ve talked to a a lot of

00:17:13,100	people, so these guys know me well and and uh the county and engineers and yeah, I’ve had, had a lot of phone calls just trying to figure, figure this all out and stuff, but I appreciate Jenny’s expertise and Ann’s help and stuff, so everybody’s been great to work with, um, so I, I, so that I

00:17:34,500	guess that’s where we’re at the, the hardship is right now, that back deck’s gone and off of our Kitchen, you walk through, you know, Uh Our patio deck and you’ve got a 5 ft fall and yes, and so when we have company over, especially little ones, you know, it’s dark out, there’s no lights in the back.

00:18:02,730	Some could get injured and so, so that’s our concern right now is getting our homes safe, you know, for having people there and um you know, and something happens, fire starts, you know, there could be. anything and so definitely.

00:18:26,700	Our concern is, is getting the approval, you know, to move forward and so that we can get the, the deck up and and get our home safe again. OK, so as you’ve described, You planned construction versus what you had in the past. Is it accurate to say It’s very similar, or is there, how much additional square footage is on this new one, the new plan. Approximately. Oh, I don’t know.

00:18:50,700	It’s, it’s under 100. She, you know. It’s The octagon. It’s probably at 14. Maybe 12 ft wide. And you’re just replacing it with a square with a square. Yeah. And, you know, it was a bridge to it and now it’ll just be like hooked up to the deck. Yeah. So, it, it shifts it.

00:19:14,100	Oh, you know, a couple feet this way, but it’s, it’s similar if you, you know, it’s not that much bigger, put it that way. Go ahead. So, the other one did not have the overhang that you want to build on there now. Well, it had a gazebo which is covered, you know. Which is covered.

00:19:34,630	But this new overhang now, it’s going to be, Like attached to the house and it’s like a 14, like this, this, 14 by 14. It’s just going to come up and have a couple foot. Overhang and then, you know, I’ll put barbecues in there, and we’ll just. Oh, so it’s.

00:19:52,570	If it’s raining off the roof overhanging or anything like that, it’s a 4. OK. It’s not even quite 4-foot, it’s just deep enough for you and the barbecue. Got you. Thank you. And I think they’re going to hook up a pergola. Which has the detach slots covered, covered, but a little shading. Got you. Thank you. OK.

00:20:16,030	Any, any questions for the? Eli Eli, very good, yeah. Oh, I, I just have a question. So, You go back to the auditor’s a lot and I understand that and so forth, but we have others out there that meets and bounds as far as the property.

00:20:35,830	They’re not platted because they weren’t a subdivision and so forth, and we’ve implemented all lots have to be plotted or plotted now, and so forth. And that’s typical in subdivisions, but this is way before that took place that existed. So now you’re fighting because To plant it costs a lot of money. Yes. I know that, I know that for certain.

00:20:58,230	And so then it becomes, No advantageous for you even do it because that cost is ridiculous. And so, I think implementing that ordinance, the way that was with beats and pounds and now with, The lots have been planted, that has created a hardship for anybody who has a metes and bounds, one thing we need to be aware of as a board is in considering our factors,

00:21:17,530	cost isn’t a factor. So as, as we look at this, if we are going to find a hardship, we need to look at our A A B and C and determine whether it meets that requirement is plotting takes time.

00:21:37,770	A lot of time from what I understand and, and so that again is, I mean, it would be one thing if we wouldn’t have tore that deck down, but our expectation was You know, that we’d be putting up a, a safe deck, you know, um, right, I mean, it should be built already, you know, so, so that’s, you know, I guess our big concern. I do appreciate you going through the process.

00:21:57,530	Um. Instead of not because it’s important to do that. Yeah, yeah. Any additional questions from the board. Anything else that you want to add to that? Uh, just, I don’t think we could have built it the way it was, it was built on a 2 by 6.

00:22:18,530	And I mean, it was so below code that I didn’t even like going out there that much. It just had to come down. So, yeah, you couldn’t build it the same cause nobody would lety. Yeah, yeah. And for good reason too. Yeah, it was dangerous. Thank you. Thank you very much. Thank you.

00:22:41,230	OK, we’re to the part of the, uh, Procedure where normally we’d ask if there’s any comments from members of the public, but We don’t have anyone down here right now, um. So I think what I’m gonna do is I’m gonna close the comment period. Um, this variance request and now the ball is in our courts.

00:23:03,300	As a board to determine what? What decision to make. My request When you make a motion is to make sure you’re using the language that’s in the procedures and protocol document. Yes, sorry, building official Bliskowski, I would just wanted to clarify, I was looking into the ordinance, uh, to your question, uh, Mr.

00:23:43,230	Wengler, regarding the reconstructing something that’s been damaged, um, they, they actually would not meet the criteria that Jenny explained it correctly and the fact that if, if This has been damaged by fire or anything like that.

00:24:02,630	They couldn’t even rebuild this in the original footprint unless it met um the the criteria listed on that item 3 that she had mentioned, it’s, it is not uh eloquent description. Uh, it is, it’s a meats and bounds description, so that’s, that’s the issue and why we’re here today is it needs to meet that criteria, even if it were the same exact size. Thanks for clarification. And as we move forward in order to have committee discussion or board discussion on this.

00:25:19,500	We need to have a motion before us. I’d like to move to approve the variance based on the special circumstance being that the This property was It was, was not a problem until the ETA extended out to to their juris. The jurisdiction extended out to their property.

00:27:41,830	Um The the hardship being That Not granting it prevents them from maintaining their property in a usable usable manner. OK, so that there are special circumstances based on EA. Right. Um, strict application of the provision would that deprive the applicant of reasonable use? I believe so.

00:28:05,270	They can, they can’t maintain their property and safe and the of the variances be in harmony with the general purposes and intent of the zoning. Yeah, I, I believe so, mainly because everything that, that would be required to to do what they want they want to do would be allowed. Under under the the provision of the ordinance, if if it was platted. So it really wouldn’t be any different than any of the neighbors.

00:28:25,300	So we’ve got a motion before us, finding A, B and C. We’ve got a second. OK, now we get to the point where we can have some board discussion on this. Um, I think there are a lot of similarities between this and what we saw at our previous meeting. Right. What they struggle with subdivision.

00:28:48,300	We’re struggle with Before making the motion was, you know, We’ve always talked about. Physical characteristics of the lot being, being, you know, the main criteria we’re looking for. That’s not really what we’ve got here, but it There are still special circumstances which I think, I think I described.

00:29:12,200	Right, and it sounds like the project that’s being contemplated is an improvement to the property. And and and the safety, right. Right to not allow them to make it, that improvement would. Leave them in a And an unsafe situation. And it sounds like the construction of the Project is very similar to what they’ve got today.

00:29:44,300	They’re not asking for a Uh A significantly larger footprint. If we were, if we were encroaching on Property loans were setbacks, you know, a lot coverage, that kind of thing is what we usually find ourselves, we’re not talking about that, so I mean obviously it’s not an issue here. Any additional discussion. OK, we’ve got a motion and a second before us. Let’s take the roll.

00:30:09,230	For member Jansen. Yes. Or remember wool. Yes. Board member Wangler, yes. Board member Seifert. Yes. Chair Clark, yes. OK, so that motion carries. The variance has been granted. You’ve got, uh, window of time in which you need to make that construction if you find yourself bumping up on that.

00:30:35,900	I was that 12 months? 24? 24 months. Um, if you find yourself bumping up on that, you need to come back and Talk to staff and, but I imagine you probably won’t because you’ve got a, a big step. Um, Thank you for coming before us. Um, I don’t think we’ve got anything else on our agenda today that Wraps it up.

00:30:58,870	Where our next meeting is, I think the 2nd. Yes Chair Clark. It is January 2nd. We elected last year around this time not to move it. So um we all will be at work that day. Um, I don’t know that we have any applications, so we might not have a meeting, but we’ll let you know beforehand.

00:31:17,170	OK, and I am, I think the only member that’s up for reappointment, so we will. See if I’m reappointed and whether I’m, whether I’m here. Are you, yeah, he was, yep. Yep, so we’ll, we’ll see how that plays out. Um, we’ll, uh, Adjourned