Planning Commission - Regular Meeting

and talk. You just need to state your name and your address. Um, looks like the first item we have on the agenda is our minutes from the March 11th, 2026 planning commission meeting. And we are looking for an approval of those minutes. I'll make a motion. Second. Have a motion and a second. Which one hit that first? Pick one. We're going to give it to you, Connie. You quicker Connie on that. Um, motion and a second. All in favor? I.

All right. Motion carries. Next item is the 2020 Ohio Streetep preliminary and final plat for the USD 402 Augusta High School. We are going to consider the approval of the onestep preliminary and final plat and drainage plan. And at this time I will send it back to staff for a report. Good morning. Good morning.

Hope everyone had a happy Easter. Um so this is a one-step preliminary and final plat for 2020 Ohio Street. Um this is the location where the high school is at. Um so it is located south of Augusta Avenue and east of Ohio Street is approximately 21.05 acres. Um USD 402 as you know um had the bond issue that was recently approved and part of that bond issue is to make upgrades to facilities and also there's some additions that are being added. Um during review of that we found out that the majority of the high school property is not platted. So there is a portion that is platted back where like the softball fields are. I think softball or baseball fields are. Um and the where the school actually sits in the football stadium is not platted. So go scroll down and zoom out. So the big rectangle to the left is the unplatted portion where the high school and the football fields and the big main parking lot are. And block two that's already on a separate plat. Um so the platting is necessary at this time to to establish clear and legal lot boundaries. um to accommodate those new building additions and site improvements as part of the bond issue and ensure compliance with our subdivision regulations prior to construction. The proposed improvements associated with the bond issue include expansions and upgrades to existing facilities um which require this to be properly platted. This request is being processed as the one-step prelim and final um which is appropriate because the site is already

developed and actively in use. the public infrastructure is already in place. Um the plat's not creating any more developable lots. Um just supporting that unified campus of the overall high school. Um and timing is really important to avoid delays in the scheduling that has been established for these additions. Um they're wanting to get started with construction on June 1st right after school is out. Um so we're trying to expedite this process and the platting side of it. Um, our recommendation this morning is to approve this plat with some conditions. Like I said, we're trying to expedite this. Um, and there are multiple kind of projects happening at once. So, there is a electric utility relocation and some water line relocation that needs to happen as part of this process. Those easements we're working to acquire, but they're on the side that's already platted. Um, so we're working with their engineer and once we obtain those easements, those will go to the city council for dedication. Um, but what's before you today is just platting the main high school and the football field, that lot. Um, so we're still having our engineer work through approvals um, as those easements and things come in and they're doing a final review of the drainage plan as well. Um, so the one of those conditions is that we continue working through that engineering process. Um, there's also some property ownership and title transfer that needs to happen as part of this plat. So on to the very north up by Augusta Avenue, there is a portion of property where there's a parking lot up there on Augusta Avenue and according to the deed documents, the city owns that land. It's not a ride right away. It's not an

easement. It's just the city owns the land. So to avoid any future um confusion and to well to avoid any future confusion, the city we're drafting some documentation for the city to deed that property over to the school district. And then that will also change the owner certificate on the actual plat. Because right now on the owner certificate, it should be the city as an owner and the school district as an owner. Once we get that title transfer paperwork done and we deed that property to the school district, that ownership certificate on the plat will change to just be the school district. Um because the city doesn't want any ownership of just that parking lot, that school parking lot off of Augusta Avenue. Um so we need to finish going through that process. Um so that's number two and three of the recommended conditions. Um, number four is for us to continue getting those additional easements on the Northern Heights edition plat. Um, and then also eventually record this plat with Butler County. So, we're seeking approval today, but with these conditions that we continue to finalize some of these outstanding items prior to it getting filed with the Butler County Register of Deeds. So, I'm happy to answer any questions. I know there's a lot of moving parts. Um, but a lot of the stuff that we're still working through is not shown on this plat. This plat itself is fairly easy. It's a rectangle. We were just obtaining the necessary easements. Um there's an easement to the south that's there's a little extra parking lot down there. We obtain a utility and drainage easement. There's a utility and drainage easement kind of going through the middle of the

lot that we obtained to um I believe we got some extra rightway along Ohio um and Augusta. just Ohio easements on both just in case we needed um some additional space there off of Ohio. Um because we are working on some road projects. We had the TE study done that we did in conjunction with the school district to look at the walkability and the safety of pedestrian traffic on Ohio. So we wanted to be able to preserve some additional rightway and easement if we needed it for that project. Um

is it unusual that this wasn't plotted before? I mean, we find little gyms like this throughout a lot of Augusta. Um, sometimes like in the regulations, sometimes school districts and like government buildings are kind of exempt or can exempt themselves from the regulations. Um, but when we started looking at this project specifically, there were quite a few utilities around and there was they wanted to have some relocations. So, we wanted to be able to go ahead and clean it up and make sure we were obtaining those easements prior to any construction. I So, we we see a lot of unplatted areas in the city. And even if it would have been platted, that doesn't mean we would have had the necessary easements because a lot of the plots in the city were made in the 1920s, 1970s, and the easements aren't on there. They're platted lots. Um, you'll see rectangles and you might see rideaways and streets, but the utility easements aren't on there because they're just it it was just a different way of doing things.

It's assumed. Yeah, we like to have it recorded if we can. Okay. At this time, I'm going to open the public hearing. There's no public hearing for the PL. No public hearing on that. Okay. Say that. Oh, perfect. There's not. I was looking at the next one. Okay. Does anybody have any other questions for staff on this one?

And we don't have a public hearing on this one. It's the next item. Sorry about that. Do we need to make a motion? Yes. A motion to approve. Motion that we accept.

Second. You need them with those conditions that you guys put in there. Um, yes, please. With conditions, the conditions recommended by staff. Thank you. Motion and second. All in favor? Motion carries. Next item I have on the agenda is 529 North Walnut uh resoning. consider recommendation for resoning and send it back to Gus for

Thank you, commission. So, this request um we've previously seen um have to rehear it for some technical reasons. So, we'll kind of do a brief overview on it and then if you have questions, clarifications, we can do that, but figure you'll want to get through as quick as possible. So, this request is to reszone the property uh at 529 North Walnut from C3 General Commercial to industrial. Um it is currently uh being used by Pinky Toes uh which is a motor vehicle towing and record service. Um that land use is not permitted in a C3 district but is allowed by right in an industrial district. Uh the property is generally located at the southwest corner of 6th and Walnut. Currently operates on the property and anticipates storing up to five impounded vehicles in a screened area with up to two vehicles stored indoors. The business operates three tow trucks and estimates an average daily traffic of five tow trucks plus a similar number of customer vehicles. Um we'll go ahead and read the findings of fact. um the character of the immediate neighborhood. Uh the site is surrounded predominantly by industrial and commercial zoning. Specifically to the north is a mix of C3 general commercial and I1 light industrial districts. To the south is a mix of C3 and I1 districts. Uh to the east is a mix of C3 and C1 commercial districts. And to the west is uh industrial which is DJ engineering. Uh staff find that the proposed land use fits the character of the immediate neighborhood which functions as a commercial industrial corridor. Uh consistency, excuse me, consistency with the comprehensive plan vision and character of the city of Augusta. Comprehensive plan designates the property C3 general commercial. However, the surrounding pattern of industrial development indicates that the area functions as a mixed industrial commercial node.

Comprehensive plan envisions the following guidelines for industrial uses. Uh good access to highways, limited traffic to collector streets, uh keep it generally away from lower intensity uses such as local commercial and residential uses and that it have no major negative impacts to lower intensity development and any minor negative impacts uh can be mitigated with conditions. Staff finds the resoning to be generally consistent with the broader land use pattern, not materially inconsistent with comprehensive plan goals related to economic activity and compatible land use clustering. Uh the adequacy of public utilities, roadways, and other needed public services relative to the anticipated impacts of the proposed use with a projected average daily traffic flow of 10 vehicles per day, both tow trucks and general public. Staff find that the public roadways are adequate relative to the anticipated impacts of the proposed use. The limited operational scale is not expected to materially impact traffic flow nor materially add wear and tear to roadways. The property is already serviced by public utilities and is not expected to require any additional city services. Uh suitability of the uses to which the property has been restricted under existing zoning. While C3 zoning permits commercial development, the industrial nature of adjacent properties demonstrates that the site is equally suitable for industrial classification. Reszoning promotes zoning consistency within the corridor. Length of time property has remained vacant as zoned. Uh the property has not been vacant as currently zoned. However, business operations have not occurred for at least one year uh prior to Pinky Toe's um beginning operations. uh compatibility of the proposed district classification with nearby properties. Surrounding zoning includes C3 general commercial and I1 industrial. The requested I1 designation is consistent with industrial zoning directly adjacent to the west and nearby

properties to the north and south. The extent to which the zoning amendment may detrimentally affect nearby property. The nearest residential zoning is approximately 800 feet from the subject property which are buffered uh by lower inensity commercial uses. The scale of the proposed operation, which is approximately eight vehicles stored outdoors and two indoors, is limited in intensity. Existing fencing and screening mitigate visibility impacts. No evidence was presented demonstrating substantial adverse effect on neighboring properties. Uh proportionality of losses impact to the individual property owners in the immediate vicinity relative to the net public gain for the community at large. Staff were informed by Pinky Toes that they are the only local towyard on call out with Augusta's public safety department. Staff spoke with APS and confirmed that Pinky Toes is the only local towyard on the rotation. Other towyards on rotation are located in Douglas, Rose Hill, and Witchaw. APS stated that when a towyard has to be called, officers are required to stay on site until the towyard takes possession of the vehicle. Utilizing a towyard allows APS and its officers to save two, three hours when compared to utilizing an out of town towyard. This allows officers to redirect those labor hours spent on site to more proactive efforts. Staff find that the industrial zoning promotes the public welfare by supporting local towing services that assist police and fire responders potentially reducing roadway incidents clearance times and enhancing emergency response efficiency. Um public input or sentiment regarding the proposed use as voiced in the public hearing and other communication. Um, public notification letters were sent out and posted to the city website and staff did not receive any public comments or communications concerning the proposed resoning following the notification process.

Uh, at the conclusion of the 14-day period, protest period, the planning commission recommendation will be forwarded to the Augusta City Council for consideration on Monday, April 20th, 2026 at 700 p.m. So, at this point, I would recommend opening up public hearing. At this time, we will open the public hearing. Um, I know we did review this item already, and we all were in favor of it. Um, it doesn't look like there's any changes. is I think it was just a um we're just here again so we make sure we our public notices are out in time. So if there's anybody in the audience that wants to speak on it you can come out. Um otherwise then we'll close the public hearing and we'll consider the findings of facts. Okay. At this time I'm going to go ahead and close the public hearing and we'll just summarize those findings and facts that we just heard. Um, we got the character of the immediate neighborhood. And if you guys have any questions, just fire off as I'm going. Then we've got consistency with comprehensive plan, vision, and character of the city of Augusta. Adequacy of public utilities, roadways, and other needed public services relative to the anticipated impact of the proposed use. Suitability of the uses to which the property has been restricted under its existing zoning. Length of time the property has remained vacant. is zoned. Compatibility of the proposed district classification with nearby properties. The extent to which the zoning amendment may detrimentally affect nearby property. The portionality of losses/impacts to individual property owners in the immediate vicinity relative to the net public gain of the community at large. And then we have the public input or sentiment regarding the proposed used as voiced in the public hearing and other communications. questions about any of that.

Okay. This time I would entertain a motion. I'll make a motion in case uh 2026-01 uh to reszone the property located at 529 North Walnut from C3 General Commercial to um I1 Industrial. Second. Motion and second. All in favor? Motion carries. Uh M. When will that go before city council then? April 20th. April 20th. Okay.

Next item we have on the agenda um is looking at 9975 Southwest Eugene conditional use permit. Consider the recommendation of a conditional use permit. And um I'll turn it back to staff.

All right. Thank you. Uh once again, this is a kind of rehash from what we had at the last meeting. Uh this request is to place two storage containers on the property for permanent storage. Uh the goal is to utilize the additional storage space to clean up the property. Uh the business on site is riser well drilling uh who conducts their most of their business operations offsite and on location uh of their activities. Um storage containers require a conditional use permit in a C3 district which the property is currently zoned as. uh surrounding properties are a mix of commercial, industrial, and vacant land. And I'll go ahead and skip down to the conditions unless anybody would like further information there. Um so I went ahead, just so you're aware, I went ahead kept the original recommended uh conditions in case anybody decided that between then and now um that they wanted to keep those conditions and that we took out last time. So, we'll read through it now and I'll note which ones we recommended last time to to remove. Uh, so based on information available prior to the public hearings, planning staff recommends that the request be approved subject to the following conditions. Um, condition one, the location of containers. Storage containers shall be placed only in the location identified on the site plan submitted with the application. Any relocation of the containers on the property shall require review and approval by city staff. Condition two, number and size. Approval is limited to two storage containers, each measuring approximately 40 feet in length, 8 feet in width, and 9 ft in height. Any additional container shall require additional review and approval by the city. Condition number three, covered area between containers. The cover proposed between the containers shall be limited to a temporary canopy or similar structure and shall not be enclosed without review and approval by the city. Uh condition number four, exterior appearance. No storage container shall

be maintained in good condition and free of rust, peeling paint or visible damage. Condition five, sighting aesthetic treatment. If sighting or exterior cladding is installed on the storage containers, the material shall be consistent in appearance with other structures on the property and maintained in good condition. Uh condition six, storage limitations. The storage container shall be used only for storage associated with the existing commercial use of the property and shall not be used for habitation, office space or other occupied uses. Condition seven, outdoor storage. Outdoor storage of equipment and materials shall be limited to areas approved by the city and shall not expand towards US Highway 54400 beyond the location identified in the application materials. And condition seven was one of the ones that we would recommend removing. Condition 8, set back from the highway. Storage container shall be maintained a minimum of 8 100 ft from the central line of US uh 54 consistent with the placement described in the application. Uh number nine, property maintenance. Property shall be maintained in compliance with city nuisance and property maintenance regulations including removal of debris and abandoned material. Uh nine was also one that we had recommended um to not be included. Uh condition 10, compliance with all applicable codes. The approval is subject to compliance with all applicable zoning regulations, building codes, and fire codes. Approval of the storage containers does not authorize additional structures or expansion of commercial use beyond what currently exists on the property. Uh, condition 11, hazardous material. Storage of hazardous or regulated materials within the containers is prohibited unless authorized and in compliance with applicable local, state, and federal regulation. Uh this recommendation is based on the following findings. Uh character of the immediate neighborhood property to the east consists of a mix of commercial and rural residential properties with

commercial properties located directly adjacent to 9975 Southwest Eugene. Properties to the north are largely vacant. Uh properties to the west are commercial in nature and US 54 is located directly to the south of the property. uh consistency with the comprehensive plan, vision, and character of the city of Augusta. Uh the proposal is consistent with the comprehensive plan, vision, and character of the city of Augusta. The comprehensive plan envisions this area as a major commercial land use. The existing land use of Riser well drilling aligns with this vision and is not expected to fundamentally change with the placement of two storage containers. adequacy of public utilities, roadways, and other needed public services relative to the anticipated impacts of the proposed use. No additional public utilities, roadways, or other public services are expected as a result of placing two storage containers on the property. Uh suitability of the uses to which the property has been restricted under its existing zoning. Property meets standards and intentions of a C3 district. The district is intended for moderate to heavy intensity commercial land uses and businesses having a regional market area. Storage of business equipment and materials associated with an existing commercial use is consistent with the intent of a C3 district. Length of time the properties remain vacant as zoned. Property is currently occupied by Riser well drilling a commercial business. Uh the primary structure has been in place since at least 1960 when the current building was erected. Uh compatibility of the proposed district classification with nearby properties. No change to district classification is proposed. The existing C3 zoning designation is compatible with nearby commercially zoned properties and vacant parcels. Nearby rural residential properties are separated from 9975 Southwest Eugene by either a commercial property or a vacant lot. The extent to which the zoning amendment may detrimentally affect nearby property. No significant adverse impacts to nearby

property owners are anticipated as a result of the placement of two storage containers. Organizing materials currently stored outdoors into enclosed containers may improve overall site organization and safety. Proportionality of losses impacts to the individual property owners in the immediate vicinity relative to the net public gain for the community at large. It's not anticipated that any losses or impacts to individual property owners in the immediate vicinity will occur as a result. of the placement of the two storage containers on the property. The community at large may experience a decrease in public safety concerns as the property has fewer items left out in the open that may entice individuals to trespass and or steal. Uh public comments um still to this day, the only comment that I've heard was that original um inquiry from February 23rd about um what kind of material would be placed in in the storage containers. Um, I received no followup as a result of the second public notification process from them. Uh, public notification letters were sent out on um, excuse me, on April, I think that date's wrong there. Uh, public notification letters were sent out and posted to the city website on the same day. Uh after the conclusion of the 14-day protest period, the planning commission's recommendation will be forwarded to the Augusta City Council for consideration on Monday, April 20th, 2026 at 7 p.m. and that'll conclude the staff report.

Okay, at this time I'm going to open the public hearing. Um this is also an item that we previously looked at so that we approved. Um if anybody out in the audience wants to comment on it, you sure can. Um if not then I'll go ahead and again close the public hearing and we'll consider a motion. Make a motion to approve case number. I got to close it and then we got to do I got to close it and then we got to do the finding of facts. I'm I'm sorry. So

I listen I like the enthusiasm. Um okay. At this time I'm going to close the public hearing and we're just going to go over real quick those findings of fact um again and um then we'll consider a motion. So, we've got um the character of the immediate neighborhood, consist consistency with the comprehensive plan, vision, and character of the city of Augusta, adequacy of public utilities, roadways, and other needed public services relative to the anticipated impact of the proposed use. Suitability of the uses to which the property has been restricted under its existing zoning. Length of time the property has remained vacant as zoned. Compatibility of the proposed district classification with nearby properties. The extent to which the zoning amendment may detrimentally affect nearby properties. The portionality of losses/impact to individual property owners in the immediate vicinity relative to the net public gain for the community at large. Public input or sediment regarding the proposed use as voiced in the public hearing and other communications. At this time, if there's no comments, then

now. Yeah. Yeah. Yeah. I make a motion to approve case number 2026-02 conditional use permit to allow two storage containers at 9975 Southwest Eugene subject to the noted recommended conditions excluding item seven outdoor storage and number nine property. Nice. I make a second motion and second. All in favor?

Okay. Motion carries. I'm scroll back up here. Here we go. Okay. Next item we have is we're going to look at 114 West Lake variance. We're going to consider approval for an variance on this one. Um and at this time I'll turn it back to staff for report. Sorry. Can you recess the planning commission meeting and open the board of zoning appeals? Yes, I can. Yes, I can. So at this time I need a motion to adjourn the planning commission meeting. Make a motion. Second motion and a second. All in favor?

Okay. Uh planning commission adjourn. Stay in your seats. We are going to now open the board of zoning appeals. And now then we're going to now we're going to look at item 114 West Lake variance. And I'll turn it back to staff for report. Good. Thank you, commission.

All right. So, this variance request um is for a reduction of the front yard setback from 30 feet to 20 ft. Uh the property is generally located at the intersection of West Lake Crest Avenue and North Meadow Lake Drive. Uh property is currently vacant and the applicant intends to build a new single family home on the property. Uh property is zoned R1 as are all surrounding residential lots. The proposed site plan would meet current lot coverage requirements and all setback requirements with the exception of the front setback which is what the variance is requesting. Proposed construction aligns with comprehensive plan goals and future land use designations. Uh property has two overhead electric lines that run um within the lot. Um neither line is placed within an easement. Uh, one line runs from the rear property line to the front property line and services a street light um along the front property area. Uh, proposed site plan would place a small section of the building underneath that overhead line. Um, as we were kind of working through that, we discussed um different options that might be available to uh facilitate um the plan should everything proceed. Um, and part of that conversation was having discussions with our electric staff and they confirmed that the line servicing the street light can be relocated closer to the southern property line of 114 um, West Lake Crest. Um, electric distribution intends to secure a 15-ft easement along the southern property line that this overhead line overhead electric line can be relocated to. Uh the easement would exist solely within the lot boundary of 114 West Lake Crest. Any necessary tree trimming or removal

will be coordinated with the city with the applicant's approval. Uh the other line of concern runs along the length of the rear property line. um discussing with electric distribution. They advised they don't intend to request an easement for this line as the line will will be replaced and placed outside of the property lines um at a future date. Um a two and a half inch water mane exists along the front property line. uh water division staff located the line and advised that the reduction of the front set back to 20 ft is unlikely to impact their serviceability. Um so based on all of that information um staff are going to um make a recommendation that the request be approved subject to the following conditions. Um condition one, front setbacks reduced to 20 ft. uh any necessary easement be granted prior to the issuance of a building permit. Uh the property owner grants the city permission to trim and or remove any trees necessary to relocate the existing electric line. And for con construction of the residence must begin within 365 days following the board's approval of the variance or the variance will be considered null and void. Up next up is the findings of fact. Um is the request unique to the property in question? Uh staff find that the circumstances promote prompting the request are unique to the property. Property has an irregular shape. Uh the center portion of the property is roughly 90 ft. Um while at its widest depth along its northern boundaries is about 150 ft. Uh most nearby lots have consistent depth and width across all sections which creates a unique environment for this lot. Um, in addition, the property's topography is

unique. Uh, towards the front property line is a generally flat area, but approximately 40 ft in, the property's elevation starts to drop quickly. Um, staff utilized Google Earth uh to estimate that the elevation drop is approximately 8 ft or approximately 75 ft um giving a slope of approximately 10%. Just outside the rear property line is an overhead electric line that hangs low. Uh the proximity and height of the overhead line are unique to this property. Uh these factors combined with the regulatory 30foot setback front setback contribute to limiting the buildable area available to the property. Uh not ordinarily found within the same zoning district. Uh staff find that the request is reasonable and consistent with the character and development pattern of the district. within the Metallark Drive and Lake Crest neighborhood. Staff have identified two properties with structures within 20 ft of the front property line. Both properties are adjacent to 114 West Lake and both have portions of their front property line that is concave similar to 114 West Lake, not created by an action of the property owner or applicant. Staff find that the circumstances are not typical across the zoning district as a whole. However, within the immediate Meettoark Drive and Lake Crest Avenue neighborhood, there are at least two properties with structures located within 20 feet of the front property front property line. Both properties are adjacent to 114 West Lake Crest Avenue and have similar irregular concave front lot lines. These nearby examples indicate that reduced front setbacks and irregular lot configurations are present in the immediate area supporting the reasonleness of the request within this neighborhood context. uh will granting the varian granting the variance will not adversely affect the rights or of adjacent property owners or residents. Uh setbacks ensure a minimum distance between structures and other improvements. Their purpose is to ensure safety, privacy, and environmental

protection. Setbacks have also been used to ensure a certain aesthetic standard. The proposed setback does not adversely affect neighborhood safety, privacy, or environmental protections, and the request aligns with the neighborhood's aesthetics. The granting of the variance will not adversely affect the rights of neighbor of adjacent property owners or residents. The proposed relocation of electric lines is not expected to have an impact on utility service delivery to nearby residences and the encroachment into the front setback does not place the residents closer to any nearby properties. Will strict application of these provisions uh will strict application of the provisions of these regulations from which a variance is requested constitute unnecessary hardship? Uh staff find that the strict application of the provisions of these regulations will constitute an unnecessary hardship upon the property owner. uh zoning def regulations define an unnecessary hardship as being caused by the physical surroundings, lot shape or topography of the subject property rather than the proposed use being inappropriate for the subject property or incompatible with its surroundings or another mere inconvenience to the applicant. Uh the hardship is incurred as the front and rear setbacks combined with its atypical topography and proximity to overhead electric lines present unique barriers to to the development of the property as a residential lot. Curved property lines functionally limit building envelopes. The structures are generally only able to build up to one single point on that curve. This results in the structure only being able to build up to the front setback at a single point. All other points along the front of the building will be built further away from the setback. For non-curved property lines, structures are generally able to build all along the entirety of the setback. Uh the variance will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. The variance will not adversely affect

the public health safety or excuse me, staff find that the granting of the variance with the recommended conditions will not adversely affect public health, safety, morals, order, convenience, prosperity, or general welfare. The irregular shape presents a barrier to constructing a single family dwelling that matches the characteristics and development pattern of the surrounding community. Granting the variance will not be opposed to the general spirit and intent of these regulations. Uh staff believe the granting of this variance will not be opposed to the general spirit and aligns with the zoning aligns with the zoning regulation intents as outlined in article 4 1.4 to promote health, safety, comfort, and general welfare. Implement the vision, goals, objectives, and strategies of the comprehensive plan. Preserve, protect, and enhance property values. Ensure the adequate and efficient provision of public services, utilities, infrastructure, and facilities. Provide adequate open space. Preserve and protect natural, historic, and cultural resources. Encourage a land use pattern that is consistent with community growth and economic development goals. Divide the city into districts that each have compatible land uses, building types, density, and intensity of development. Regulate the size, bulk, density, and location of services of structures on properties within each district. and then to control the general appearance of buildings, structures, and land developed or redeveloped in the city. A public notification was mailed out on March 13, 2026 to all properties within 200 feet of 114 West Lake. And the notification was posted to the city's website on the same day. Uh for next steps, if the board grants the variance, electric distribution division will assume responsibility and cost of the survey as an easement will not as an easement was not originally secured for the electric line. Uh once all applicable documents are signed, staff will bring the easement before city council for official dedication. Uh easement dedication is not expected to hold up the building permitting process.

Okay. At this time, I'm going to open the public hearing. Do you guys have any questions for staff before I ask if anybody wants to come up? If anybody in the audience wants to come up and speak on this topic, they can just come up, tell them your name and your address and um come up to the podium, please.

I'm uh Bob Chance and I live at 1923 State Street in Augusta. And uh the lot we're talking about has uh been a beautiful view for me for 30 plus years. And that's part of the reason that I made a uh offer that Mark McCullum said was a serious offer in August to uh to buy the lot. But uh I knew that I would be at a disadvantage to anybody that wanted to buy the lot and have Mark also build a house on it. because alls I was paying for was the lot. Uh I I couldn't afford to I I didn't want to put a house on the lot. So, uh Mark said it was a serious offer. He'd have to think about it and uh he thought about it clear up. The last time I talked to him was in November about it. Um, but I understand he's in a business and he did good here to find somebody to buy the lot and put a house on it. But when I heard I thought part of my advantage was the odd shape of the lot. U I thought somebody that can afford a $100,000 lot might want to build a different house than would fit on that lot. And uh because of that, I guess I'm recommending to not uh deviate from the setback requirements. If you're building a new house, I would think you could design it to fit on the lot however the restrictions require. So, thanks for your time.

Thank you, Bob. Good morning. Mark McCullum, uh, 512 State. Uh, we basically designed a house for this customer that fits on this lot. Any other plan that we had would not fit. So, and Bob's offer is well below what we paid for it. So, we're we're in business. So, any questions for me? Well, it doesn't fit if you're asking for a variance, though. Pardon me. It does not fit if you're asking for a variance. Would that be correct? You know what we're asking for is not uncommon. It happens at a lot of places. The 10 ft's a lot. I mean, we've done

that house out further than any of the other houses to the the road. Correct. Well, like staff mentioned, there is two other properties on this curve that are within the 20 foot setback. So, it's it's happened. Yeah. Yeah, I think when we changed some of that zoning stuff, um it changed setbacks on culde-sacs, did it not? Um where this used to be maybe a 20 and it and it actually our new code kicked it to 30. Is that right? Correct. As best I could find, there was no specific designation for culde-sacs and current regulations. Under previous um regulations, it would have been a 20 foot setback for Colt Sachs. This isn't a cult. Correct.

Correct. It it just has similar um front uh property line um characteristics to what a cold sack would be since the uh the entirety of the front property line is uh concave. I thought you might have to build a twotory on that lot. So, I'm kind of impressed that you're able I understand what Bob's coming from and saying, but I think it's nice that you're if you're building you're building a ranch style so it doesn't constrict a view. I thought it'd have to be a twotory and then would really constrict a view from there. So, Any other questions for Mark? I if I understand this one.

Sorry. Can you speak into the mic, please? Mic. The mic. Sorry, I moved that. So, there we go. Okay. Um on site plan page 18, it looks like to me the only part that is beyond the 20 foot setback is in the rear one little corner of the building and then in the front is just the ground. If this drawing is correct, age 18. Is that is that not correct, Mark?

And I'm sorry, Connie, one more time for me. I was scrolling. I didn't hear the full question. Well, the only part I see that is within the The 20 foot is Are you talking about right up here? Yeah. Yes. This is This is where the 20 foot would be. Isn't that the only part that's above?

Yeah. So, right here. Uh this would be sidewalk concrete driveway. So, this does not get into the 20 foot. Um, if this were 30 foot, it would be say roughly around here at which point a significant portion of the build would be within the 30 foot setback. Oh, okay. I I see what you're saying. Okay, that's what I needed to know. Thank you. So, where would the 30 foot be?

I didn't I didn't clearly mark it on here. Um, but it's safe to say it would be roughly in this area. Okay, I see what you're saying. I see where you made the 20 foot lines but not the 30. All right. Thank you. I understand now. Mark, do you need this drawing back? Thank you. Uh I'm Aaron Powers and I live at 1923 Meadow Lake. So that's the property directly south. Um couple items I had. Uh mainly my concern with the setback. Um and this picture here is good. Uh the curb is another so that furthest right black line, the curb is another 15 18 feet to the uh to the right. Um, so one of the concerns I have is with that driveway, um, he's got about 65 ft of frontage there, uh, of curb that's between those two property lines if you extend them all the way to the to the curb. Um, 65 ft. I'm guessing that driveway is probably in the neighborhood of 30 35 ft. Um, so with that aside, you know, between your curb cuts, you've lost that. So on street parking um probably one car max. I mean I figuring at 18t long. Um so two of them would not fit between you know unless they were in front of the driveway. Um so that's one thing. Um with that on the in this document it's actually good. I I just saw this document this morning. But

the uh there's another picture here. one of the first pages where it's comparing the other two houses which is my house and the other house to the north but we are the ones with the uh the structure that's over that setback. What's different um so also with with his limited setback now he has reduced driveway so you don't have you don't have street frontage. You can't park cars in the street but you also have a shortened driveway where you're probably not getting more than one or two cars deep. Um which is okay. I mean as long as you don't have a lot of people over or a lot of kids. Um, you can put them in the driveway. And I see that he's got, you know, a threecar garage. So, um, and kind of a tapered driveway. But what I wanted to say here is on both of these conditions, our house and the house to the north, our driveways extend further back. Um, so in this situation, um, you know, we have building that's up to that 20 ft, but our driveway extends further back. Uh, so we do have more driveway. We can get two cars deep in the driveway. Um, so that's my main concern with parking. Um, is that, you know, if someone moves, maybe not the people building it now, but somebody moves in later and they got four kids like we do, they're going to have cars all the way down the street in front of our house, in front of the neighbor's house. So, that's one of the concerns there. Um otherwise the uh another concern is just in general um kind of with what you tal talked about the topography of the lot. Um ensuring that we don't have storm adverse storm runoff. Um now we're going to have a structure there. That water's got to go somewhere. We're on a hill. We're dumping right into our neighbors. So how do we mitigate that? Um I think is important. uh he's going to want to come up or somewhat flat, you know, of an entry. So, I I would I would assume it's going to be close to the same

finish floor elevation as as the two houses next door. But what happens on the sides? Where does the water go? And I think you have good distance, but there's going to need to be a swell or some sort cuz I'm built to the property line. So, um how does that water run off? Um third uh was something that you I caught earlier. You were you briefly mentioned the uh power lines on the west side being close and made a mention something along the lines that that might be reworked. Is that Oh, you're talking about on the rear property line. Yeah,

on the rear they're looking at replacing those poles. So when they replace them, they'll move them. So the lines aren't necessarily in this property. It looks like the northern corner it might clip in right kind of over that corner. So instead of going through the process of obtaining an easement when they replace that pole, they'll just move it back outside. Make sure that it's out of the property line. The best we can do is go off of our GIS maps and they're not perfect Yeah. measurements. Um, so we just brought it to their attention and we're not obtaining an easement, but they were talking about replacing the pole.

Okay. So, I mean, it's a whole another discussion, but uh obviously to us those the power lines are a terrible eyesore. If I could do anything, I'd love to get them in the ground or move them or do something. So, that is an important thing that if there's development that happens and you guys the city's going to come in and do something for him to build a house and I've got interest in this, too. like let's let's see can we get them underground. So the only thing they're doing for this property is moving those lines on the side that feed the street light. Um because where they've I'm talking about the west line.

Yeah. So that's not replacing the pole for him for that project. That is already a replacement project they have in the works. Um so it wasn't for him. They have talked about replacing the poles on that line already. So, but I I'm not involved in any discussions about putting them underground. Okay. Because that adds a significant cost. Yeah. But they're moving the street light. Is that what I they're So, the street light is the line that surfaces the street light.

So, the way it runs in through the property, it's probably about what 30 40 feet off of that side property line. Um, so it runs through a majority of the property. So, we're going to relocate, we're going to get a 15 foot easement and relocate the line in the 15t easement. And you said your property is the one to the south. Is that right? Yeah. Didn't we do a variance on your property? Correct. So, variance similar to what he's asking for. Yep. But like I said, my my driveway extends further and my variance was only uh six feet. So, I went to 24. I just I think I just remembered that. Yeah.

Okay.

Um but yeah, um Bob, I didn't know you'd made an offer. I also made an offer on the lot, so there's a lot of interest. Um so I, you know, we can't can't control that. Um made fair offers as well. Um so very interested in it. Um just got to draw the line somewhere. But um I if if Mark was to build a house, I don't think I would fight it as hard. I don't know that I'm fighting it. I'm just proving points. Um, trying to state the facts and spent the last 10 years trying to make our home better, make the neighborhood better. Um, which I'm sure a new home could could accomplish that. Um, but in our world, it's probably not going to be any better than it is now. Um, so if it were Mark building the home, that's one thing. I I can live with that. A little bit harder time of him buying it, building a home for someone else. Yeah, that's his line of work. Um, I understand, but people were interested in it. Just came down to money. So, but I too made a offer that I felt was worth uh more than it's worth, but not to Mark, but to Keith. So,

thank you. All right. Thank you. Anybody else has public comment at all? Okay, at this time I'm going to close the public meeting uh public hearing and then we're going to Do you guys have any comments before we go over findings of fact? You guys having some discussion on this? My only question was is this part of the NRP? Do you know or Mark have you checked? So have you apply are you applying for the NRP with that too? Okay, good. What's the square footage of this house? It's 1750 roughly total.

Uh that's a upstairs living room living area.

Okay, I'm going to go over the findings of fact and you guys I'll go a little slower since this is the first time we've heard this one as opposed to the other one. And you guys can stop me if you need. Yeah. I will note these findings of facts are slightly different than the other ones. So they are different but I can just read the headings right. Yeah. But if there's any disagreement I would like that on the record. Okay. Okay. Findings of fact page of my own or findings of fact page seven I think item. Okay.

Okay. First one is unique to the property in question. Next is not ordinarily found in the same zoning district. Next, not created by an action or action of the property owner or the applicant. Granting the variance will not adversely affect the rights of adjacent property owners or residents. Hang on a second. What do we got about a drainage plan there? Drainage plan. He'll have to for those that

well there it's already platted. There won't be a drainage plan required. He will as part of the building process. There'll be some four corner grading plans that are done for that. But it's not a drainage plan that Aaron was talking about. This isn't going to dump

the neighbors.

Okay, that was granting the variance will not adversely affect the rights of adjacent property owners or residents. Next we got strict application of provisions of these regulations from which a variance is requested will constitute unnecessary hardship upon the property owner represented in the application. The variance will not adversely affect the public health safety, morals, order, con convenience, prosperity or general welfare. granting the variance will not be opposed to the general spirit and intent of these regulations. Those are all those items. So if anybody has no doesn't have any other questions then we will entertain a motion. I'll make a motion in the um page 2026-04 uh recommendation for the uh reduced front yard setback from 30 foot to 20 ft with uh the recommendations from the city involved in it.

Motion and second. All in favor? Okay. Motion carries. I do want it on record. I I am opposed to this. You're Did you say no? I You do not prefer opposed. I'm sorry. I do want it on. So, you got that on there, right, Susan? One opposed. Okay. Um, now I would entertain a motion to close the board of zoning appeals. Right. Is that what I need to do next? I so move. Motion and a second. I got Scott. Everybody in favor? All right. All right. Okay. And now we need to I'm going to reopen the planning commission meeting. And I think we're just on to other items from you, right?

We don't have any other items to do. No items to discuss. Okay. Figured this was going to be When is our next meeting schedule meeting now? Um it will be a six. Is it the six? Sorry. Uh May 13th. Wait, is that right? Yes. No. The second. Yeah. Okay. May 13th. Wednesday, May 13th. Anybody got anything else for staff? Make a motion that we adjourn. I have a motion to adjurnn. Second.

Second. All in favor? Motion carries. Me journ there. That was a lot. Did pretty good. And I was I think you're going to make it to the west side of Witto by 10. I'm on my way. Taking all the way. Turn. Well, you know, we're southwest. I'm going to clean this up.