00:00:14,370	Wangler. Here. Board member Janssen. Board member Wohl and board member Clark. Here. Kate, our agenda, uh, Jennifer Clark has been reappointed to the Board of Adjustment. So congratulations. We will, we will hold on item B, the board of adjustment terms and oath of office until.

00:00:41,630	Next meeting Uh, we will do item C, election of offices. Officers So is open for nominations. board member Janssen, do you want to, um, just for the record, reiterate, who is currently the Chair and who is the vice Chair, Kate. Uh, Ms. Clark is the chairperson, chairwoman. Uh Seifert is the vice.

00:01:11,800	And the other ones are just At large Thank you. I’d like to nominate. Ms. Clark for chair and Mr. Seifert for Vice They currently serve? I second. OK. We need to take a roll call on that. Yes, sir. Board member Wangler. Uh, yes. Chair Janssen. Board member Wohl, and board member Clark. Yes. Thank you.

00:02:28,630	Uh, next order of business is the approval of the meeting minutes from December 5th. 2024 I would make a motion to approve it distributed. Is there a second? I’ll check. It’s been moved and seconded.

00:03:08,470	the Ponderosa Riverside Village. Variants Staff can come to present. Chair, I’m not able to hear. My apologies. Can you hear me now? I can. Thank you.

00:03:51,730	OK, I’ll start over, thank you, um, board members Jeff Simons is requesting approval of a variance from Section 140401, 3 of the city code of ordinances, rural residential lot area for lot 10, block 9, Ponderosa Riverside Village in order to construct a single family dwelling on the property. The proposed variance is located northwest of Bismarck, west of River Road, and west of Burnt Creek Loop along the north side of Ponderosa Avenue. The property was zoned rural residential, and plaid.

00:04:12,630	in platted as a 26,0005 square foot lot in April of 1963, changes to the lap boundary to increase or decrease the size have not occurred since the property was platted. The city obtained zoning jurisdiction when the ETA was expanded to this area in 1983.

00:04:32,800	The minimum lot size for a parcel located within the rural residential zoning district and plotted prior to 2003 is 40,000 square feet. Properties smaller than 40,000 square feet may not mean. the minimum parcel size requirement for a septic system according to the North Dakota State Plumbing Code.

00:04:51,000	The building official has indicated that if the variance is approved as proposed and prior to issuing a building permit for the proposed single family dwelling. It must be determined that soil on the site will support the installation of a private sewage disposal system and that the lot has sufficient area to support the installation of a second sewage disposal system should the first ever fail.

00:05:10,770	There are existing single family dwellings in this neighborhood within. subdivision, um, that are less than 40,000 square feet. Most of those were constructed prior to the city obtaining zoning district jurisdiction of this area.

00:05:27,800	There are a few that were constructed after and staff can affirm that a variance was issued to allow the construction of a single family dwelling on a lot less than 40,000 square feet for the property at 60, 45 Ponderosa Avenue in 1995. A copy of the variances approval letter was included in your packet.

00:05:46,730	Hay Creek Township was notified of this request on February 13th and 57 postcards were mailed to the owners of properties within a quarter mile of this request on February 21st. We have received written comments. Those were distributed to you this morning prior to this evening. Additionally, Hay Creek Township has also submitted a resolution.

00:06:07,530	Pursuant to Section 1404 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 exceptionally irregular, narrow, shallow, or steep lot or other exceptional physical or topographical conditions by reason of which the strict application of the provisions of the zoning ordinance would result in an unnecessary hardship that would deprive the

00:06:25,530	owner of reasonable use of land or building, but in no other case. No adjustment in the strict application of any provisions of the zoning ordinance shall be granted by the board unless it finds the following that there are special circumstances or conditions that apply to the land or buildings that do not apply generally to land or

00:06:43,730	buildings within the neighborhood and have not resulted from an act of the applicant. That the strict application of the provisions of the zoning ordinance would deprive the applicant of reasonable use of said land or building and granting the variances necessary for the reasonable use of land or building and that the variances

00:07:01,100	granted by the board is the minimum variance that will accomplish the relief sought by the applicant that the grant to the variances will be in harmony with the general purposes of an intent of the zoning ordinance and will not be in. Injurious to the neighborhood or otherwise detrimental to public welfare.

00:07:20,470	The applicant has submitted a written statement that identifies their anticipated hardship and explains why they believe the variant should be granted. The document was also included in your packet.

00:07:38,230	If you choose to approve the approve the variance as proposed, staff asks that you identify a hardship, modify the review standards or findings outlined in your staff report to to support your decision. I believe the applicant is here this evening.

00:08:02,730	If you have any questions of them, but before they approach, do you have questions of me? I do have a question, uh, for Brady on the Septic system So if the variance was granted, they’d still have to meet the requirements to be able to handle the septic system, correct? That, that is correct. Otherwise, no building permit would be issued. That’s correct, yes. a question also, um, the attachments on. Let me turn your mic on now? No, I’m sorry.

00:08:30,000	I have a question on the staff recommendation, says attachments, there’s a zoning plan and reference map, a written statement, a hardship. Proposed site exhibit and I’m veryance approval letter. 1995 variant approval letter. Not sure Did I miss that one? Oh, I’m sorry, that’s the one that was. Given by plot. Um to Jack Haas. OK. So, Any other questions of staff? OK. If not, we’ll continue, uh.

00:09:29,730	The applicant that submitted this and who’s representing this applicant, um, if you’d like to come forward and shed some more light on this. Variants we would entertain that. Please state your name. For the record Good afternoon, Jeff Simmons is my name. Thank you What else can you tell us that would be help us, help us out on this one.

00:09:59,800	I’m not sure that I could tell you any more than, you know what I’ve, what I’ve got written there, um. I am available to answer any questions you might have. I think, uh, Some key points, I guess for me was that. Um, the lot was platted, you know, long before the rules were written. And, uh, in that particular.

00:10:25,230	Um, development, there’s A number of lots that are the same size or smaller that have the. Have the, uh Structures on them, buildings on them. I, I, I would have a question and maybe that’s a Brady question, um. If the sewer If the soil wouldn’t pass that is an enclosed, uh, tank.

00:10:49,730	Acceptable, uh, that you can pump. For septic. Um, I guess in, in Excuse me Um I don’t recall ever issuing a permit for just a tank for a, you know, permanent residence like this, uh, in the past, but I know there are some allowances for, um, storage tanks if they have, uh, you know, certain hold capacity for.

00:11:13,200	For other structures, but it’s certainly something I guess we could consider, um. I guess my question would be, is this a permanent residence where it’s gonna be occupied, you know. Every day, or is it a seasonal residence? It, it would be a permanent residence.

00:11:37,730	Yeah, then I guess ideally we would want A system to be installed where um a treatment area would be on site, but, um, certainly if soil conditions. are such I believe our policy or policy the way it was written would be that a soil, um, could support A system to be installed and not, not particularly just a tank.

00:12:03,470	But, but you’re not ruling out a tank, is that what I’m hearing? If the, if the capacity meets the, the, uh, Number bedroom home that’s being. Being built You know, with, with not having this question before, I mean, looking through our policy, the policy clearly states that we would have a site that could

00:12:24,730	support a system, um, and have two. Essentially spaces for a treatment area to be placed, so I would say a tank wouldn’t be acceptable for our current policy. So that may either be another variance or request is that, is that just. Just asking the question, the other I don’t know what.

00:12:49,730	You probably can’t say, but I’m assuming if the soil conditions were right in that development, chances are they’re going to be uh good enough and on that particular lot.

00:13:09,170	But that would require a test is, is that a soil test needed or? Yeah, so the, the way that our policy is written, um, they would, they would require a soil test to be completed by a certified soil classifier. Um, it’s, it’s common practice for us to have that on, on any septic system that, that we, um, approve the.

00:13:29,870	The difference here is that it does require that a second system in the location of a second system be shown on a site plan, um, so we would want those. Things taken care of before we issue any permit. Thank you. I, I don’t think I have anything else to add unless you have. Any questions for Other than possibly a rebuttal.

00:14:11,470	The statements, but Any more questions for Jeff? Uh Yes, um, what’s your, your role in this? You, you’re not the owner? I’m not the owner. I’ve got a, I’ve got an offer contingent on a variance being granted. An offer to buy. OK, so you’re, you’re not the owner. Correct. Currently? Currently not the owner. OK. Oh, you’re, you’re making the offer to buy. I’m making the offer to buy.

00:14:34,000	OK, I understand. So, I have an offer that’s been accepted contingent on a variance being granted. OK. Thank you. And also an affidavit from the owner saying I can represent him, you know, on that property in front of. The Board of Adjustment.

00:15:10,270	I did inquire on this property, you know, 3 or 4 years ago and was told it didn’t meet the square feet. Uh Ordinance to build And since then dug a little deeper and and learned I could come in front of you guys and ask for a variance, so that’s why I’m here today.

00:15:29,470	What, what’s your, you know, assuming you, you get the variance, what’s your intended use of the property? Is it for your own use or are you planning to Put up spec home, sell it somebody else or put a home on, uh, my son. will likely move in there.

00:15:46,730	Um, is the plan so long term after that, you know, I don’t know, but it’s. That’s, that’s kind of the immediate plan. The immediate plan, yeah. OK. And I believe the the requirements for backyard, front yard, and side yard with the size structure I plan to put on there, it, it’ll meet all those requirements, so. Any other questions? Thank you very much.

00:16:28,230	I appreciate your consideration. Thank you. Thank you. OK, next we’ll open it up for public comments. Uh, we’d like you to just come up and state your name for the record and State your piece. What’s my time limit? I don’t know if we have a time limit, do we? Not usually, we are.

00:16:56,100	OK, my name is Christian Koselnik. I live at 5404 Poderosa. I want to get that on record because I did not receive a letter that this was happening, and I live right next to it, so. Basically, I just have a few bullet points. I got a couple of letters from my neighbors that couldn’t be here, signed and dated.

00:17:11,000	I don’t know if you want me to read them or if you guys just want to look them over yourself. Um, where’s my paper? Sorry.

00:17:33,900	Um, anyways, I bought the property in at 5404, uh 2019, um, I had inquired a couple times on that property was insured that there was no Septic that was able to be built there, uh, putting this house there, the reason why I enjoy where I live is uh the privacy I’m a, I’m, uh, admitted. And putting this house there is going to greatly affect that. It’s going to put Someone with an earshot of both my bedrooms.

00:17:56,370	Um, and I have 3 dogs. They’re gonna be barking all the time, um, and I don’t think 8 ft is enough of dirt because we are higher up than this property, so the runoff is gonna be a huge problem. For this property, um, my other main concern is whoever wrote up. This project area here.

00:18:22,000	This right here is well over my property line here, so I am not sure if that’s just in general or if that is, um, What they’re purposely trying to do there. I am not sure, but that’s on my property line there, so, so, excuse me, the trees are on your property line.

00:18:41,730	You see this yellow line right here? That’s right on top of my property line there. That would be on the west side of the tree line then. Correct, yep. And what we’re showing is on the east side of the tree line. This is my property right. Here. And this yellow line goes over my property line here. OK.

00:19:03,000	Anyways, uh, also 2011 flood, that place was destroyed with water, so I don’t think 8 ft would be enough dirt. You’re going to have to have it higher because we’re gonna be more than 8 ft up also.

00:19:15,470	Anyways, I just had a couple letters, uh, a couple of my neighbors that couldn’t make it, uh, my one right behind me, which is on the other side of this property. Had written this letter, uh, they said this is from Travis and Alicia Jorits. They are on, um, 54, 44 ponderosa. They say, sorry we couldn’t be in attendance as we’ve had vacation plans scheduled for a long time.

00:19:37,870	Let it be known that we, Travis and Lisa George, object, disagree with this variance request. We purchased our home October of 2003. At that time and ever since the understanding was that this listed property was not allowed to have septic and therefore the potential for building on it did not exist.

00:19:55,470	The property is basically our front yard, building a home on said property would be a complete nuisance to our property from loss of view, increased noise, additional traffic, privacy, and the drainage onto our property. Mr. Jess Simmons, the person requesting the variants, told me directly his intention is to elevate the said property 8 ft, which will be above our drain field and the elevation of our front yard.

00:20:13,100	Furthermore, a dwelling on this property will decrease our property value. This neighborhood has always had known requirements for building a property within the subdivision and thus is why we purchased purchased our home and have lived here for over 20 years. We’ve tried purchasing excuse me.

00:20:28,500	Yeah, we have that letter. I, I know, but I made a copy for you. Yeah, we, we have the letter packet? Yeah, we have this. You have it? Yes. OK. Yes, just so you know, do you want me to continue to read it or don’t I don’t have to. No. Yeah, we have it.

00:20:43,500	There is one more letter that I don’t think you did receive. This is from my neighbor Tracey and Michael Middau. They did not get it in by 8 o’clock. I don’t know if you want a copy or not. Yeah, the deadline’s 8 o’clock in the morning. So, you don’t accept it after that, right? Correct. Great. OK.

00:21:01,530	Anyways, That is basically my biggest concern. I love our, our trees there. We’re gonna lose all our trees with the new house there on that line, so that’s basically my biggest concern. So, and then I wasn’t contacted about it. I found out about it through my neighbors that, well, they, they do mail out cards.

00:21:16,000	Well, yes. And so forth, and I can contest that I concur that there’s mail I don’t receive in a timely manner. Um. And so, um, I’ve had many things show up late, so I know they do their due diligence to send it out to everyone within a quarter mile.

00:21:32,000	And if you didn’t get it, I mean, it’ll probably after the beating. That’s fine but I mean like, yeah I am right next door, so I’m pretty important to know that, so thank you for your time. You bet. Anyone else? My name is uh Dan Stevenson.

00:21:47,530	I live at I have property at 5590 Ponderosa Avenue. I’ve been out in Ponderosa since ’73, so the um The idea of a tank for storage of sewer was next years ago by a Harry Berg wanted to put, uh, As a, um, tank in for sewer on a lot that he had down

00:22:11,000	by the river that wasn’t big enough to build on and back then it was already, that was already squashed at one point. So, um, I have a couple of questions about something about the hardship. I don’t know what the hardship would be.

00:22:26,500	Uh, you just kind of mentioned that when you were going that there’s some sort of hardship to be able to use this lot. I don’t know what that would be. Also, the, uh, the flood in 2011, that was, that was the mosquito collector. Uh, and I really don’t think that um getting a sewer in there is going to be, I just don’t think it’s going to work.

00:22:45,730	There’s going to be another driveway there. Uh, so there’s gonna be. person’s driveway, there’s going to be this driveway, and then there’s gonna be the George driveway and they kind of seem to be, I don’t know if that’s a big deal or not. Um, so I don’t know.

00:23:03,370	I, I kind of wonder about, uh, the 2000 square feet, yeah, that’s the original lot. What happens to the other lots that aren’t sold in Ponderosa that people bought two lots. At one time, and what happens if this doesn’t get approved, what happens to those lots that these people bought that are still a part of the original plot.

00:23:22,470	You know, what happens to them. So there’s two sides of this story here. So I’m, I’m, it, it, it’s part of the original plot and that’s all fine and dandy, but I, the situation of the lot, I think has got uh it’s just got something to be really considered.

00:23:41,900	I just don’t think it’s a buildable lot, not based on the skies, just, it’s, it’s a whole, and if they were going to put this, I don’t know, 8 ft of dirt or whatever that’s going to put in there. Is that how soon gonna be on a, a hill kind of over there. I don’t know, so.

00:23:56,370	So there you go, that’s all I got to say. Thank you. Is there anyone else who’d like to speak? It’s Yeah, my name is Al Weiss. I’ve been living out in Ponderosa since ’88. My wife’s been living out there since ’79, I believe. And we own half acre lots as well.

00:24:37,730	But we wouldn’t think about building on the sun again because for one thing, I just don’t think that’s enough property to put in a drain field. So we do have 2 half acre lots, but behind our home. But the one that they’re talking about building on. There’s no way in the world that that’s ever going to work.

00:24:55,900	For a grain field for the simple reason and the flooding. 11, that son of a gun was full of water. There’s no way that that lab consistste a drain field. Especially with all filtered. I honestly don’t believe that that will accommodate it.

00:25:19,530	I mean, uh, I mean, you have to stop and look at that from the side of, you know, public safety for Christ’s sake. Where’s the water gonna go? I, I, I gotta agree with Christian. I, I think that that’s. Not a billable lot. I mean, I know ours are full half figure lots. And I’d have would not want to build on either half. I’d have to combine them to build.

00:25:43,000	And that’s the way it should be. He had a full acre out there, fine. There’s, there’s only one house that I know that is setting on about a 3-quarter acre, but they got a variance for it back in the day.

00:26:04,870	There’s very little land that you could actually build on out there anymore except for probably my lot ord Dan’s. Excess lot. Other than that, I don’t think there is any. So that’s about all I’ve got to say. I, I just don’t think that’s very feasible to put in a drain field, especially a secondary one. Never happened. Can I ask you a question now? I wasn’t here in 2011. Yeah.

00:26:25,630	So, when it flooded out there. Yes. Did you get flooded? Yes I had a 6 foot dyke around my house. OK. I had 5.5 ft of water on one side, 4.5 on the other. And my lot is about 3 times higher, than one that they were going to build them.

00:26:44,000	I mean to tell you my lot is the highest, one of the highest lots out there. No way. Never happened. 3.5 months I had water in that lot. There’s no way in the world that that’s ever going to sustain a drain field. I’m just telling you a fact. It’s all I got. Thank you.

00:27:15,800	Hi, I’m Dolly Branley, and I’ve lived out there with Allan Dan about the same years and, um, I agree with them. The, uh, there’s no way that lot was completely filled with water during the flood, as we all had dykes around our houses, um, I don’t understand all the ache region stuff, but I did submit

00:27:33,470	an email and I just want to say that I agree that there is no way. Absolutely no way. That there can be a drain field and that built up. For that to be a house on there. And as far as it’s just, it’s gonna encroach on the neighbors.

00:27:50,500	Way, way, way too much. That’s all I have to say. Thank you. Is there anyone else who would like to address this? If not, we will close the public comment timeframe. Oh. I just Yeah I Sure. Hi, I did, I did talk to Travis yesterday.

00:28:38,100	And Talked a little bit about his concerns, um, and I believe the yellow line that. Uh, 5404 is referring to simply just a measurement arrow. Um, it’s not a lot line or a build line or anything like that.

00:28:54,200	It’s just a, just shows the distance of the depth of the lot just for your, your, uh, Advantage as far as. Uh, the sewer goes or drain field, you know, that would have to be approved so that feels like. It, it feels like that’s a reason for needing that approval is all the concern. Um So I don’t think we’re approaching on.

00:29:19,200	On anybody’s property staying, you know, the setbacks that are required and, and where we can put it. Uh It’s a hole, so there’s fill needed. Uh, no one, there won’t be a city permit issued unless it’s above the.

00:29:36,130	The flood zone, so it would take that much fill to get it above the flood zone. So I, I don’t You know what happened in 2011 certainly could happen again, but a structure would be above that, no need of ***, you know, it’d be built up.

00:29:58,200	What, what’s uh 6444, I can’t remember what the, what the numbers, right, so, so it would all be those, those things would be taken care of. It would displace water. It displace it over, you know, I don’t know how many acres, a lot of that water comes from the south, so you’re displacing, displacing that water, it’s not going to the neighbors, it’s.

00:30:17,270	You know, being spread out, so, um, I think all of that takes care of itself, so it’s a matter of, you know, building a house on a, on a property that I think. My estimation,,, 77 other homes in Ponderosa have have property smaller than that. So, um, So I don’t know that it devalues, uh, anything, but. That’s just my comment, so thank you. OK, thank you.

00:30:44,630	All right. We will close the public comments. This time So what are the wishes of the board? This is Jen. OK. I would make a motion to deny the request for variants. OK. Motion to deny, is there a second? OK. Hearing no second. Motion fails Entertain another motion. Chair. Yes.

00:32:31,370	Can I ask a couple more questions. Um, Brady on I know there’s a About 1663 or something limit that you got to be in Bismarck to build. Is that the same in the county.

00:32:58,630	So the or whatever that number is, yeah, so the the base foot elevation is gonna change where wherever you’re at on the, on the Missouri River on that flooding source. So, um, Yes, it’s the same in the county. The flood plain elevations are the same, um, throughout Burleigh County as far as we all use the same map, the same flood insurance rate map, the free board requirement that we have is 2 ft, so any construction that would take

00:33:16,370	place on this site would need to be elevated 2 ft above the base of elevation. OK. Um, bringing that lot up to that elevation, does that make it higher than the neighboring lots. You know, I, I can’t answer that because I, I don’t have like a, like an elevation, um.

00:33:39,830	Survey for the property right now, so I don’t, I don’t know what elevation they’re at. Um, and unfortunately, we’re trying to, trying to look through that on our GIS system to try to answer some of those questions that we just can’t get that layer to be active right now did bring that elevation up to being higher

00:33:57,200	than the neighboring lots. Would that be grounds for you to to deny the building permit or With the variance If it was granted here tonight still hold from my understanding your question correctly, if If their lot was higher than the neighbors’ lots, you’re asking if we would deny a permit just

00:34:17,630	on that basis. Then no, we, we would not deny a permit based on, you know, a neighboring lot being lower than than this lot or vice versa. The elevations of adjacent lots isn’t something that we take into consideration on approving or denying a permit.

00:34:40,200	And I know, and this one, it probably doesn’t. Apply, but I’m assuming then that they could never build an additional outbuilding on this lot. Uh, I mean What’s that? Yeah Yeah, I mean, they would be able to apply for a permit and we would take into consideration at that time, you know. If there’s buildable area enough for that.

00:35:03,830	I know they would not be able to place a structure over top of where that secondary drain field would be located, um, but I guess I’d be tough to say never. And is there a percentage in the county.

00:35:20,000	You know, like an R5 in Bismarck, you can cover 30% with growth. Or 10, you can go 40. Is there a percentage in the county that That limits out there. We, we do not have a lot coverage limitation in, in rural properties like this. It’s different, uh, in our. Local or city limits. Thank you.

00:37:02,130	Mhm Could I provide another detail to that Not at this time, I don’t think. I know we already had a motion. On the table to deny it. Didn’t get a second. After consideration, I’ll I’ll. I’ll make the motion myself to deny. See if we can get a second on it. I’m happy to second that. A motion’s been Made and seconded.

00:37:46,000	further discussion. Yeah, I think that this is Jen and one of the factors we need to consider is Whether somebody caused or knew of the limitation. Before they purchase the property, and I think This is pretty clear that there is a limitation on the property.

00:38:13,730	Another one is whether it improves the, the neighborhood. And we’ve got testimony from neighbors as well as the township, raising concerns about this project. That that’s kind of where I am too, uh, uh, Jennifer, um. I got the resolution of Hay Creek Township laying in front of me here.

00:38:42,370	Indicating that they’re opposed to it and I’m having a hard time getting past that. Along with the testimony we heard earlier. Any other discussion? That question you A question, is it possible just to get up? Can’t, uh We can’t take questions at this time. Hearings closed. Sorry. No, that’s fine. Any other discussion? Commissioners.

00:39:34,130	You know, I’m, I’m torn on this, I guess it. You know, it’s 26,000 square feet and it’s. It’s true without the variants, it’s a valueless lot. There’s no doubt. I, I think where I have to look, And, and lay my vote on this one or my thought on this is I’ve asked for variances.

00:40:01,630	I’ve appeared before this board myself a couple of times. One time I got it, one time I didn’t. And I accept that. I mean, that’s what the board is for. Um, neither time was there any rejection or any, um, Concerns by neighbors.

00:40:24,270	You know, the the person who’s making the variance request comes in, spends, I don’t know what is it, 400 bucks or something. Um And I get it it’s for them. But these postcards are sent out. And if your neighbors don’t disagree with this, I’d have a whole lot easier time. Um Saying I think this is the way to go. You know, go ahead and let them build.

00:40:54,730	But When you’ve got 7 people that have, you know, took the time. I mean, what’s the purpose of that? Letter going out saying, hey, this is what somebody wants to do. If The board if the Board of Adjustments doesn’t take that into consideration. Until this morning when I got These other letters coming in.

00:41:21,230	I was Game to say I think it should be done. But And, and I’ll, I’ll chime in on that a little bit. I look at there’s several lots out there that are. Around this size. And what’s going to happen to those? And so forth, um. You, we based it on square footage.

00:41:38,730	We don’t base it on anything else. We look at the square footage and so forth. That’s what the variance is for because it’s less than what we have, uh, in the regulations right now. But we have several lots out there that are small.

00:41:55,800	I And, you know, maybe someone’s gonna come and ask for a variance on those again sometime. I don’t have no idea, but we try to look at it and look at the year that it was developed. And so forth as quite a few years ago, quite a few decades. Um, things have changed. But, um, You know, the letters that we received.

00:42:11,730	Uh, the drain field is a is a secondary thing as we know because that has to be approved. After the fact and the comfort a permit and so forth, but I will just say, you know, for the other lots that are out there.

00:42:27,730	Um Who knows what’s going to happen with those? Uh, and so forth in the future. I think you’ll always have a flood issue. And the flood elevation will change. We know that. We’ve had that happen a few times. Uh And so forth. So I understand the area. It’s nice, it’s quiet. I’ve been out there several times.

00:42:49,500	And so forth, but, um, Yeah. I’m with you. It’s It’s tough when you have a lot of people that are. Concerned about it too and And have good concerns so. OK, any other discussion? Motion on the table is to deny.

00:43:10,100	So we have to do roll call, just so you know, there’s 4 of us. Online, it takes all 4 to approve it. Uh Per our regulations. Jason, so just to clarify, if you, it takes 4 to approve of variants, it does not take 4 to deny based on approval. All right. Please take roll. Board member Wangler. Yes. Board member Wohl. Board member Clark? Yes.

00:43:45,130	And Cha Janssen. Yes. So the motion has been denied. Uh, you do have the option to. Bring it before the city commission and Have them review it And staff will help you out if you so choose to do that. So, you can get with them on that. So, Thank you very much. Item number 2.

00:44:11,800	Lochner 7th edition, Block 3, Lot 1. Thank you. Board members. Grant Helm is requesting approval of a variance from Section 140437 of the city code of ordinances are 5, residential front yard for lot 1, block 3 Wachters 7th edition to produce their front yard step back from 25 ft to 9 ft in order to construct a an

00:44:36,370	addition on the north side of his property. The proposed variance is located in South Bismarck, south of Bismarck Expressway and west of South Washington Street, southeast of the intersection. Of Cologne Drive in Reno Drive.

00:44:57,130	The property is located on a the corner of Cologne and Reno and was plotted in 1976, the existing single family dwelling was constructed in 1979. After the determination was made that side yards, um, that yards adjacent to the street on the corner lots are considered front yards, and those setbacks should be 25 ft. The single family dwelling is set back 25 ft from both, both streets, um, measuring from their front property line.

00:45:18,730	The zoning ordinance does make provisions for a modified front yard setbacks for properties plotted prior to 1979. This provision requires front yard setbacks to be in context with surrounding structures. Um, it should be noted that the surrounding structures all appear to have a 25 ft front yard setback.

00:45:38,200	Therefore, this this portion of the ordinance would also require a 25 ft setback along Cologne as well as Reno. The public has been notified of this request and 48 postcards were mailed to the owners of nearby properties on February 21st. We have seen received some phone inquiries, just wondering kind of what’s going on in the neighborhood.

00:45:53,200	One, noted that they were not in favor of the crest, the request, but the other ones had no preference at all. Again, pursuant to Section 1404140602 of the city code of ordinances, the Board of Adjustment may vary ord address the strict application of any requirements of the zoning ordinance in case of an exceptionally irregular, narrow, shallow, or steep lot or rather exceptional physical

00:46:15,230	or topographic conditions by reason of which strict application of the provisions of the zoning ordinance would result in an unnecessary hardship and would deprive the owner of reasonable use of land or building involved, but no other case.

00:46:31,100	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 the land or buildings within the neighborhood and have not resulted from any act of the applicant that the strict application of the provisions of the zoning ordinance would

00:46:48,370	deprive the applicant. Of 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 will require relief sought by the applicant that the grant of the

00:47:03,800	variances will be in harmony with the general purpose and intent of the zoning ordinance and not 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.

00:47:20,230	A document was also included in your packet. If you choose to approve the variance as proposed, staff asks that you identify a hardship, modify modify the review standards or findings outlined in your staff report to support your decision.

00:47:36,370	The applicant is also here and can answer any questions that you have. I’m also available if you have any questions. Any questions on staff? This time Thanks, Jean. All right, the applicant who’s whoever’s representing the applicant, if you want to come forward and state your name and. Shed some more light on this, that would be great.

00:48:04,630	I, guys, that made me nervous. Uh, my name’s Grant Helm. I’m the one applying for this variance. Um, I, uh, Lost everything I was gonna say, um. I have a growing family and I really love the location of the house that we purchased. I’m looking to do an addition onto the house.

00:48:29,630	Help fit our needs, uh, the amount of land that we actually have built on, we shouldn’t be getting anywhere close to. whatever that percentage, you can have a building on it.

00:48:45,730	So I’m also planning on doing an addition above the garage also because a little bit more living space for the kids and stuff like that and a little more garage would be nice for. You know, bikes and things like that, things I didn’t anticipate as much. So the, we got a hailstorm last year and and I am going to have to replace the roof and also the sightings needs to be replaced to keep up with the aesthetics for the neighborhood.

00:49:06,630	I don’t want to do it twice. So I’m applying to do kind of an all in one build so it was rushed more than I wanted, um, I was also told that this variance might be up for both to maybe not have the variants in the neighborhood or something like that, I guess

00:49:25,530	it’s, it’s hearsay at that point, so it might come up at the end of the year, but. Um, yeah, I would like to. Have a little more room for my family. Thank you. OK. Do you have questions? I have a couple questions.

00:49:41,370	Um, So the addition you’re going to put on is a two stories or is it one since you’re building over the garage? Two. It would be, it would be a garage and then above. OK. Uh, the actual layout of the actual house itself actually. Lines up pretty good to do in addition.

00:49:58,200	Um, second question, uh, Don’t you have the same option to go and build To the backside of the garage. It does get closer to the. Are you still not far enough away from the setback. It’s not that far from the back also.

00:50:16,000	So, what is the setback on the back of your, From lots. Yeah. It’s a narrow lot. So it gets, it’ll get very close. Well, I’m looking, you have a fence back there, right? I do. So Is that fence line property line back there? It should be. OK. OK. Any other questions, Mr.

00:51:02,000	Allen? There are also other houses in the neighborhood that are. Built prior to when mine was, let’s say 1978 that are beyond that setback, so I didn’t know that rule existed.

00:51:20,100	So When I first came up with this idea, then I found out I had applied for a variant, so there are other houses in the neighborhood that are like that, that are built closer than 25 ft. How long have you lived at that location? Uh, probably about three years. It’s way more child friendly than my last neighborhood. Yeah. Any other questions on Mr. Ellen? Thank you. You can see that I asked to go out to, sorry, I did ask to go out, so it really reduce it to 9 ft.

00:52:00,730	It does not have to go out that far. That was just. Something I thought to make another stall for Garage. So that’s the reason why I said that number. It doesn’t have to go out that far, but that would be. You know, more use of the space, so. That’s the number I put down.

00:52:21,800	All right? So, you’re looking to add another 16 ft is, is about what you’re amounting to. Yes. Because it’s currently 25. Yep. And I feel for you on this one. I lived on a corner for 42 years.

00:52:38,470	In the east side of my property at a given that to anybody who wanted it because I mowed it. Took care of the drive or the garage took care of the or the sidewalk, the weeds, never used the darn thing. Right? I mean, I never used it.

00:52:53,900	I, I would have given it to anybody, just so I wouldn’t have to take care of it. I mean, it was a big portion of my yard. That I never got used for. But when I looked, I, I was down and I looked at the property and, and when you look, East on Cologne. Lines up. I I know. I know. And, and I Did get a variance.

00:53:14,100	I put a garage on my house and I got a variance, but. I only got 4 ft enough to move out. To what matches the front of my existing house. That was 21 ft back, so I got that be to go to 21.

00:53:34,730	Um I was You know, tossed up, I didn’t know for sure if I’d get that or not. I was tickled to get that. Um So I feel for you on having that 25 ft on that side then. I, I, I know it’s a lot, so.

00:53:54,800	I do, but I can’t, I can’t really go back, so I thought aesthetically going sideways would be the best way to do it. And South wouldn’t work for you. Well, if you want to age, I guess, moving south on that bill wouldn’t do anything. Yeah, the way the house is designed, it’s 3 bedrooms up and I got 3 kids, so. I was looking to put something above that another bedroom and so on. Um-hum.

00:54:20,800	Uh, so, so mainly the, the additional living space would be above the existing garage? Yes. And then just more. Garage slash storage. Right, I’m trying to avoid building another shed outside cause I got a snow blower and stuff like that that are now right now in the backyard, so when it

00:54:39,100	snows, I have to open a gate in the backyard, bring it all the way through the grass and then snow blow the front and then bring it back. Yeah. So, it’s a, I got two larger vehicles, I guess in the garage, so I can’t put my snow blower in there, so.

00:54:54,530	Any other questions? Thank you. Thank you. So do we have anybody that Chair? Yes. I have a question for staff when it’s appropriate to ask. OK, you’re good right now if you’d like. Can you help me understand what I read, am I correct that had this house been built one year earlier.

00:55:24,230	We wouldn’t have had this problem. Board member Clark, not necessarily, um. There’s provisions in the ordinance that would allow for the setback to be reduced based on The adjacent properties if they were built closer, we could look and we call it a contextual setback, um.

00:55:55,470	From what I can understand from the, the ordinance prior to ’79, there was a determination made that your front yard was your front yard, and even if you’re on your corner, it was a side yard, but I believe that setback was also 20 ft, so. All the homes that were constructed were constructed. After really that determination, and it appears that they’re all in line with 25 ft. OK. Thank you.

00:56:17,800	I don’t know if we have any public comments on this one because I don’t see anybody in here, but There’s nobody online that would ask questions, is there? No, not that I’m aware of. Thank you. So we’ll close the public comments. This time Uh, I do have a question of staff before we.

00:56:39,730	Um Are there any other parcels that are in violation of this setback in that particular area. Board member Janssen, um, we were able to run, um, a couple of searches. There is a property on Eastwood Drive, 1438 Eastwood Drive. It’s, it’s on a corner lot.

00:57:01,370	It, it appears to almost have the same building footprint as as the The applicant’s home. Um, we did some digging and went back into our records, and it appears that yes, it is built into the setback how however, there was a zoning violation letter issued to the owner back in 2000 from then building official Bill Auguste.

00:57:20,900	So there was a recognized that that is in violation and did not meet the setbacks at the time it was built. And I’m assuming there’s some stipulations if they ever did anything that They would have to correct that at some point if the Remodeled or whatever. Yes, remember that is what the letter says.

00:57:43,270	Thank you OK. I would entertain a motion. Mr. Chair. As much as I’d love to say. I think it’s a great idea. I’m When they have to make a motion to deny the applicant. Um I just don’t think moving out that close to the street.

00:59:58,770	I think it’s such a bad precedent. All over town and I know that 25 ft setback on two sides is a bugger, but. I have to make a motion to. OK. Do I have a second on the motion? I’ll, I’ll second that motion. OK, any further discussion? I would like to. One of my reservations? Is, um, Mr.

01:00:48,770	Chair, may I speak? Yes, please. One of my reservations is It sounds like the variant being requested is not the minimum required. Uh, because I would really like to grant this too. I think it’s an improvement to the house. I think it’s an improvement to the neighborhood. It’s not of his own making.

01:01:14,630	It’s not a problem that he created. My, my struggle with this, um, I guess is I’m sure the, the owner was not aware of this when they purchased a home 3 years ago. But it has been The With the ordinance has been forced since 1979.

01:01:47,370	And You know, is this a hardship or isn’t it? Um The home serves its purpose as it is. It may not serve the purpose of the owner as well as you’d like it. Um.

01:02:04,270	He’s moving to a new location, hardship, I guess you could make that argument, but that might be the answer here, um, I, I just don’t see that we have a We have a situation where the property can’t be used as a single family home, and that’s, you know, really what’s the purpose of the property is. I was If And, and I think that’s probably for Jenny.

01:02:25,200	If this is denied, he could come back and request. Uh, modified plan on this. I mean, he said You said it could be I would love to modify it. It does not have to be that big. OK. And then, and then my question would be is, can he modify here? If we were to approve that.

01:02:43,470	I think I could Lay in with A few feet, I think he may have to probably have to go east with some of that storage area. I mean, if you’re already going up on top, Your rough lines can accommodate whatever your building is.

01:03:02,630	You know, I think I could. Say 5 ft to the north or 7 ft to 6 ft 8 ft to the north, maybe OK, but 16, I, I just think it’s crowding the street, and I think it’s. And it, you know.

01:03:24,800	So, so my question now is, is, If we were to Grant variance that’s different than this. Is that a whole new application process. Um, Board member Wangler, Mr. Chair, board members, what you could do today is withdraw your motion.

01:03:42,070	You can talk through with the applicant, open, open up that hearing again, talk through with the applicant what the minimum that he would be able to do to to to meet his needs. um, and then you can take action on that request. You can modify the request. We don’t need to come back here next month for a new variance. I with, with that in mind, I would. be willing to withdraw my motion if Mr. Wohl would Maybe.

01:04:11,530	Well, just for further discussion, yes, I will withdraw my second on that. Further discussion, OK. Motion’s been made and seconded. Was a better roll call on that or not. Yeah, let’s do a roll call. Board member Wiggler. remember Wohl. Yes. Board member Clark. Yes. And chair Janson.

01:04:46,370	So you can come back and Do you want me to stand up again? Yes, please. OK. By the mic so we can hear. Hello. Thank you. I’m willing to go. I, I just threw a number out there. It doesn’t have to go that big. I didn’t know I had to be very precise cause I didn’t.

01:05:04,770	I didn’t know. So, it doesn’t matter if it’s back or side. I just need to know what am I, where can I go? To make it a little bit bigger if I let me, let me ask you a question just to get the ball rolling a little bit.

01:05:19,830	So, you’re going to go on top of the garage. Correct. For more living space. Yes. So that takes care of more room that you need. Yes. So, your big concern is what are you going to do with your other items that you need, you need them in the garage. And have access and reasonable access and so forth. Correct.

01:05:35,170	Could you not just put something off? The back of the garage in a corner to How those particular items, Keep it pretty small, and then, you know, you either put a sidewalk around the. You know, the north end of that garage, so you have nice access to bring out the snowblower or whatever else.

01:05:53,870	You can, but it will still be in the backyard. I’m trying to avoid you wouldn’t have to go in the backyard very big just for that. If that’s what, if that’s what you wanted. Or do you need a need for another vehicle? I do not need a need for another vehicle.

01:06:09,000	So, you need, you need some place to store your snow blower and. Like, I do have a work truck, and it would be nice to not have it in the driveway, but I’m. Yeah. I’m, I’m OK with that. Yeah. I’m not fighting, that’s, you know, tier one problems.

01:06:21,630	I’m, I’m trying to say, How about we don’t even put that on, you do the upper level and can we do something off? The back corner of that garage a little bit to house those particular items that you need. Access to it, you know, nice reasonable access to. We could probably do that. Yeah.

01:06:39,130	That way you don’t, that way you wouldn’t even need, you know, You’d be well within your limits. Yeah. Uh, just, just a thought. I, I’m trying to figure out what you have, what you need, and so forth. We know we can’t accommodate everything. I, I. Appreciate it. Just trying to make it happen for you. Yeah. So, a little, a little bit more would be nice.

01:06:58,000	But it doesn’t either direction. And I, I don’t, you know, I don’t know how big you’d have to be if you went off the back corner of the garage a little bit done, how is the snowblower and whatever else you have. Not much.

01:07:14,630	Not much, and I, I would think we’d be Well within the setback on the setback. I’ve been just roughly scaling with the, the, the scale on, on the. The drawing here and for the photo. It’s probably at least 12 ft to work with.

01:07:28,170	It looks like to me, I don’t know if that sounds right, right to you. Do you know how far, far it is from the back of your garage to the approximate property line. Uh, my guess is probably 20 ft. 20 or 25,, 1 of the two. Well, let’s see. That’s 25. Yeah, you’re at least 25, I’m sure.

01:07:45,000	Yeah, it seemed like it’s more like what I’m saying is, and you could open up between the garage and that little part for your things so they’re your garage is heated. one of the projects, so when I start designing things that is one of the things that’s gonna happen. So.

01:08:04,630	But I needed to know where I can go, and I just threw a number out there, so I apologize. No, no, that’s fine. We got to start someplace.

01:08:17,500	But, You could double check is, see how far it is and see how much room you have to stay, you can get the setback information from staff to, to check that and, Build on their, you don’t, you don’t have to go real high with it then. Right. And so forth and just, Opened it up to the garage, so if you have it heated, you can do that. OK. I, I mean, just as an option. Yeah.

01:08:33,100	So, Mr. Chair. Yes Do I understand that this option that you’re throwing out there would. Negate the requirement for a variants. I would say yes, as long as he doesn’t go out the back. He stays within the requirements in the back there.

01:08:57,170	Which I think he has, but hang on, Jenny has a comment to make clarify, I guess, just, just to clarify, looking at, um, the plat and how the building was constructed so we’ve got the 25 ft front yard on the north and on the West, um. We would consider or could consider a side yard setback along the east side of the property, that side yard setback is only 6 ft.

01:09:17,200	That’s If he had his 20-foot rear yard set back on the south side of the property. OK. Does that make sense? That makes. Mr. Chair. Procedurally, could we table this so that we’re not Yeah.

01:09:44,000	I have a concern, I have a concern about making a decision, you know, denying his request, thinking that he can do something else. And then he’d have to refile again and the expense associated with that. Right. No, I think that’s a good idea. So why don’t we table it? We’ll have to have a motion that and so forth. And have you We understand building over the garage.

01:10:06,470	would come back with what you’d like to do in the back and you can work with staff to make sure you’re Well, within your, you know, measurements back there. Uh, and so forth. Jenny’s going to add one more thing. Thank you.

01:10:27,630	Just a clarifying question procedurally for staff, um, Would The proposed addition extend into any setbacks then? Are you proposing, Mr. Helm to continually, continue to ask for a reduction in your front yard setback along the north side of the property. Did not understand that where you’ve drawn your addition. That, that would disappear. You would not be requesting that anymore. You would be doing.

01:10:47,100	I’d be going back. Back off. 5 ft or whatever. Still adhering to the front yard setback, you wouldn’t project any further than where the garage is right now on the north side of the property adjacent to Cologne, correct? Correct. And there’s no need for a variance if we can make it.

01:11:06,730	But To Miss Clark’s. You know, idea to table it and. He can book the staff and Come back and we can say, you know, that’s fine if he needs a variance and see what he has and rule on that. If he needs one. Sure.

01:11:25,470	Do you want to table it to the next meeting or give it till the next meeting. How will that work for you timewise? It’s gonna be. We’ll get the information in 2 weeks and have 1 week to review and we have another meeting, so I might be on the road for work, so it kind of makes it a little bit harder.

01:11:41,470	Well, I, can he work with staff and Get that laid out. You can inform us if there’s any issues with that and so forth or if everything is fine. Will that work? That’ll work. Work with them, get it to them as fast as you can. Absolutely. OK. All right. So, A motion to table it. I’ll.

01:12:04,830	Or I’ll make the motion to table. We’ll just It’s either going to disappear or reappear. Yeah, I was just giving Jennifer a chance to she wanted to be the second. I’m, I’m good with that. I’ll check it. OK. Motions can understand why I might be a little hesitant. Oh, thank you. OK. Take roll call. Board member Wangler.

01:12:32,100	remember we. Yes. Board member Clark. Yes. And chair Janssen, yes. Thank you. So No. Pleasure. Yes. Uh, under other business we have the 2025 bylaws. We’re looking to hold that till The next meeting Well Everyone can be present. We can, we can, we can act on it now.

01:13:00,100	I’m not proposing any changes, but if you guys want to take another stab at it and we, we will likely have a meeting next month, and we can make, um, any kind of formal adoption next month, whatever you guys decide. Mr. Chair, I’d moved to approve them as distributed unless you think it’s important that we have more time to review them.

01:13:24,470	Doesn’t matter to me either way. We have a motion to approve the bylaws 2025 bylaws, so we have a second. Yeah I like it. OK. Any further discussion? Take roll, please. Board member Wangler. Yes. Board member Wohl. Yes. Board member Clark. Yes.

01:13:56,100	address. Did we vote to approve minutes from the last meeting. Was that on the agenda? Yeah, OK. OK. Hm So, nothing else, we’re good? We will Adjourn. Thank you very much. Thank you