00:00:11,730	Adjustment meeting to order and I think the first starting we have on our agenda is consideration of the minutes from the so look at it must go back to April 3rd, 2025 meeting. Have you had a chance to look at it Would you mind taking both so we know that we have our member online.

00:00:34,970	You don’t want to do that as part of the motion for the minute. Oh sure OK. You’re fine. You’re good I wouldn’t make the motion that we accept the minutes. Since we’ve got a, uh, motion, do we have a second? Second. We have a second. Is there any discussion on the minutes? If not, then let’s take the role.

00:01:04,170	Board member Wengler, Jansen, yes. Seifert Wah Yes, Clark, yes. OK, so that motion passes. Thank you very much. Um, the next item we have on our agenda is the McKenzie Coffin edition, variant request.

00:01:29,730	If we could have staff review that, and it looks like at this point we don’t have our applicant presents, so we’ll move forward without. without our applicant testifying. Thank you, Madam Chair Clark. Board members Jeff Wootzke is requesting approval of two variants for his property located at 817.

00:01:57,000	North Ninth Street, specifically a variance from Section 140475 of a city, the city code of Ordinances, RM residential a lot width for that district to reduce the required lot width for a parcel, platted prior to 1953 from 50 ft to 45 ft in order to construct a new accessory building.

00:02:19,430	He’s also requesting a variance from Section 140305 4B of the city code of Ordinances are supplemental provision section for location of residential accessory buildings to reduce the rear yard setback for an accessory building with direct access to, to an alley or from an alley from 20 ft to 10 ft. The property is zoned conditional RM 30 residential, which allows for single family dwellings as property is a single family dwelling.

00:02:37,000	Um, our records indicate that the width of the property was not changed since the single family dwelling was constructed in 1939, McKenzie and Coffins editions is a subdivision that this lot is located at, and that was recorded and approved in 1882, so it is an old one. Minimum lot width requirements were added to our zoning ordinance sometime after 1953.

00:02:58,530	According to our historical imagery of the property, the existing accessory building was built prior to 1957. Lightly shortly after the house was constructed, it’s not directly accessed from the alley today and is roughly 3 ft from the rear property line. The applicant has indicated that if the variance is approved, as they’re proposing the existing accessory building would be located.

00:03:18,370	That would be that is located on the property would be demolished. The public has been notified of this request, 46 postcards were mailed to the owners of nearby properties on July 23rd. To my knowledge, we have not received any inquiries regarding this request. Pursuant to Section 140602 of our City Code of Ordinances.

00:03:36,330	This board may vary or adjust the strict application of any 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 in the zoning ordinance would result in an unnecessary

00:03:55,530	hardship that would deprive the owner of reasonable use of land or building involved, 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.

00:04:13,730	and that do not apply generally to lander buildings within the neighborhood. and have not been a result of the um result from any A the applicant has made, that the strict application of the provisions of the zoning ordinances would deprive the applicant of reasonable use of said land or building, the granting of the variance is necessary for the reasonable

00:04:34,530	use of land or building, and that the variance is granted by the board is the minimum variance that would accomplish the relief sought by the applicant. that the granting of the variants would be in harmony with the general purpose and intent of the zoning ordinance, it would not be injurious to the neighborhood or otherwise

00:04:51,100	detrimental to the public welfare. The applicant did submit a written statement that identifies their hardship and explains why they believe the variant should be granted. That document was included in your packet.

00:05:08,230	If you choose to approve the variance as proposed, staff asks that you identify a hardship and modify the review’s standards or findings outlined in your staff report to support your decision. Do you have any questions? I do. Can you tell me in, in this neighborhood with as it relates to that backyard setback.

00:05:31,630	How do the other houses fare? Um, thank you, Chair Clark board members, there are accessory buildings generally in line both north and south of the property today that are meet the proposed setback that they’re showing in their variances request. And my recollection is that the city is doing a review of the ordinances.

00:05:47,870	and can you tell me under the status of that review, how would that affect a situation like this? Sure, I think I talked about this at the beginning of the year, but the planning office in City of Viser is going through a zoning code rewrite. We’re calling it a land development code.

00:06:01,630	And we’re still in the draft stages hoping to have everything kind of buttoned up at the end of the year or very, very early in the beginning of next year. What we have in draft right now, the minimum lot width that we’re entertaining is less than what’s provided today, so. Mhm Any other questions for staff I have one.

00:06:22,600	The other lots in the vicinity are they exactly the same width or they vary quite a bit? Any idea Should really have my computer up here, huh? They’re relatively the same width, just looking at the aerial photo. So anywhere between 40 and 50 ft. Any other questions for staff Thanks, Jennie.

00:06:57,000	Um, just for the record, as we look in the room now, we do not have any members of the public present, and we do not have our applicant present. and we do not have any, uh, uh, members of the public or the applicant online remotely as well. So at this point, I think it’s appropriate to move forward and determine what to do with this variance request.

00:07:54,230	I’ll make the motion to approve the variances based on the hardship being an exceptional, exceptionally narrow lot and that is not as a result of anything that the applicant has done. It would provide strict application of this would deprive the applicant of reasonable use of their land. and granting this is necessary for the reasonable use of the land for the applicant.

00:08:15,530	and provide the minimum relief sought by the applicant. and is in harmony with the general purposes of our ordinance and is not in jus to the neighborhood or otherwise detrimental to the public welfare. Thank you. Um, I appreciate being thorough on that.

00:08:34,230	Uh, do we have a second on that motion? I would second that motion. OK, so we’ve got a motion and a second to approve the variance request. based on the hardships noted and do we have any discussion? Just for the, the record, I think this variance request is consistent with the use of the property in those neighborhoods. Those are tough.

00:09:07,370	properties to keep relevant and keep them up to, up to date and keep them improved. And I think this is an improvement to the property. I, I agree. I drove by it and I think it actually creates a couple more feet of learns to the alley from the existing building, and I think it’s probably going to be farther

00:09:25,100	into his lot than his neighbors on both sides. I think they’re both probably at that 3-foot setback now, and if he builds with that 5-foot setback, he’s actually improving access, gaining a little more room in the alley, which has got to be better for, for um anybody else using the alley, whether it be,

00:09:45,800	you know, utility services or anything like that, so. I think it’s a good improvement to the neighborhood. Thank you. Any other discussion Hearing then, um, let’s take a roll on that motion. Board member wall Yes Jansen, Wengler, yes, and Clark, yes. OK, our motion, uh, carries on that as well.

00:10:18,230	Um, will you be in touch with our applicant and let him know. the outcome of this hearing. Yes, Madam Chair, um, we standardly send out letters regardless if they’re here or not, but he will receive a letter in the mail tomorrow. Perfect. Perfect.

00:10:36,530	Um, Un other business, we’ve got introduction of the new public comment policy. And Jenny, what can you tell us about this? Thank you. Madam Chair, board members. you’re not in trouble. Just, just so you know, you didn’t do anything wrong. Everything’s OK. Um yeah, just wanted to give you guys a little bit of an update.

00:11:00,100	Our last legislative session, the legislature, um, passed Senate Bill 2180, um, requiring cities, townships, school districts, park districts, boards of adjustment, um, to include a public common opportunity during your regular meetings. It also required that organization or that political subdivision to develop a public comment policy.

00:11:20,330	Um, we, we have one as a city, you’ve seen them in your packet before with our procedures and protocols. Again, you’ve done nothing wrong, but because we’ve been, we have that new law and that that bill was passed, we just start kind of going through the motions.

00:11:33,270	So a quick overview or a highlight of the policy, and it was delivered to your workstations prior to this meeting. Um, a public common agenda will be the first non-procedural agenda item moving forward, so you’ll see that on every, um, agenda that you see. Each person will be allotted up to 5 minutes to make comments. The Chair may extend this time at their discretion.

00:11:49,630	Each person has to sign in. Um, there will be a speaker sheet at the podium, same as we do all the time. So again, it’s just kind of formalizing this. The public comment portion of the agenda may be limited to a total of 30 minutes, but can be extended by the chair if they choose.

00:12:05,900	Um, all comments must address an item on a current agenda or an item from a preceding agenda. So if we had an agenda item, I think the last time we met was March, somebody could come in and talk about that item as well. Those really are the highlights. I’m happy to answer any questions. I have a question.

00:12:21,700	So, if they can address an item on the current agenda Is there a reason that we’re not taking those comments when we have public comment. It’s, it’s a little, you know, each board is, I think, a little different.

00:12:40,270	So to write a law for all the things, I’m, I’m sure they’re kind of double dipping a little bit, but we some boards have a consideration agenda or consent agenda that doesn’t necessarily get a public comment.

00:12:56,100	All of ours do have public comments, so we would anticipate that they would speak during that public comment hearing for the particular item, but I guess we wouldn’t run up here and tackle them and tell them to go sit down if they showed up beforehand. OK. So they have two. Um-hum. Two swings of that Thank you. I have a question. So are the people in the public gonna see this so they know what the expectation is.

00:13:14,100	Yes, um Or remember, Johnson, this will be included, this policy will be included in your packet moving forward, as well as a like a procedures and protocol. So, is this outline going to be back there, so. It will be back there. It will be here. It’ll be available online. All right. Thank you. Thank you.

00:13:32,800	Any other comments or questions regarding this new policy? Get some more detail Awesome. Thanks guys Um as I look at our agenda, I think that’s it. The only thing we have left to discuss is our next meeting is scheduled for September 4th. Do we know yet whether there are applications As of now, we haven’t received any applications.

00:13:58,530	Our deadline is Monday the 11th at 5. OK We’ll let you know. Thank you. OK, uh, no further further business remaining, let’s uh