Planning Commission - Regular Meeting

Okay, welcome all. Let's go ahead and get this started. Call the reading to order. U this is our regular meeting Tuesday October 28th year flying by. Um board will u entertain discussion and motion uh regarding the uh minutes for the last meeting August 26 2025. Everybody will review those quickly. I make a motion to approve the minutes from Tuesday, August 26, 2025. I second. Have a motion in the second. All in favor? I

Any opposed? Um, and it says [snorts] printed are approved. Thank you.

Moving right along, we have several items of new business today. We'll start with number one is a request from Sign Crafters Incorporated on behalf of Walmart Real Estate Business Trust who is requesting a variance from developmental standard for larger than allowed square footage for a sign. They're requesting a sign that will have a total of 153.53 square ft, which is 53.53 square feet larger than they than allowed by the ordinance. The sign is for the proposed fuel center Walmart is planning to build. Um, I'll remind anybody speaking for that they're signed in and please come to the podium when you're speaking so that we can [snorts] we can hear you. Okay,

thank you. Uh I'm Heather Wer. I'm just representing Sign Crafters and Walmart for this case. Um so basically it the Walmart already has two road signs existing. Um the road sign that's in the parking lot, the double pole sign. Uh Walmart is requesting to add fuel readers to the pole sign. So the look of it will stay the same. Um, we're just requesting with the fuel station new addition to have fuel readers along that stretch of the road. So that's basically the square footage that's additional. Clarify the fuel reader. You're talking about the price of

the price of the fuel. So yes, that is the additional 53.3 square feet that we're requesting additional to that road sign that's already there. So the top sign is the same square footage as what it is currently, just new branding basically, but with the fuel station addition, they would like to add the fuel price to that existing structure, which would be below below. Yes. In between the poles. So no height or width.

Nope. No height or width differential. Um basically they're going to put that cabinet in between the pole structure. um we'll have everything engineered um prior to um constructing it and so forth. Those can always be submitted to you guys for the jurisdiction um because we as a company have to make sure footers and so forth structurally can handle the new cabinet. If not, we'll have to put in a new footer just adjacent in the parking lot too. It just to make sure structurally it's it's sound. But that is the request from Walmart is to ask for the additional 53.3 square feet for the fuel readers. Other than that, that I believe is the only thing that was requested on this variance. Any questions or

just so I'm clear, this isn't a new 153 foot sign in addition to this is an addition to the Yes. If we have to dig a new footer, those poles will be cut to grade and those poles will be relocated to the new because we can't engineer something in a ground unless we know what footer structure is there. But as far as square footage change to the existing sign, no, we're only just asking for that additional 53 for the fuelers. So that would be the only thing additional. Okay. Just so they're clear, this is not the pylon sign that's out at the not on the John, it's on the

Yes, the one and it's in the parking lot. It's the single tenant sign that's on Walmart's property. And I think in your packet you'll see that the sign is Yeah. So right now what you see out there is the Walmart sign with the double holes. Currently I had not dug deep enough into my uh packet. I was asking questions that probably would have been very evident

to me. So you're saying this is on Yeah. Are there maybe a dumb question, but are these these aren't are they by putting them lower, do they create a vision? No, that sign's 40 foot overall height already. So, we're probably still going to be clearance of probably good 25 foot. Okay. Um because they'll want to clear. I think there's when I drove by there, it looks like a tree line. So, they're going to want to make sure they clear that tree line just because at that point there's no visibility from that direction. But and what you're putting in it just it's only for the gas and correct. Correct. Diesel.

And and the the sign above it had a new face change because Walmart's branding has changed um to a new look, but nothing to any of us would notice, I guess. Yeah. Walmart is Walmart. So, but yeah. Is the actual width of the sign shrinking? The actual width is no. It's a 20 foot sign. Yep. Same height, same width. Okay. Now Walmart size they would love to go bigger but right [laughter] we try to keep it reasonable. Are there any other comments or questions for her?

Thank you. Thank you very much. Thank you. Are there any are there any speaking against this or have you heard no one around us? I understand they don't have and it's just one sign [cough and clears throat] any other question. You look like you're thinking about something.

Well, I am. Uh I'm I'm still mulling it in my head. I thought this was going to be I thought it was a request for a new sign and not an addition. And it my my concern was that just within the last few years on that very same street within sight, we had made one gentleman take down part of his sign that went up in error and we had uh told Culver's they could not put a 90 foot sign up. Now, both of those were new when they went up and I'm kind of big on precedent, but from hearing this just a few meetings ago, we allowed the same situation with Mr. Lawyer at River and he put his price sign in below his his sign and it fits. It looks fine. It's it's not I don't think it violates the intent of this. So, my mind is a bit more at ease. I would make a motion that we approve the variance for this additional signage since it's fitting on the same structure that's already there.

I have I have a motion and I'll second a second. to to approve this variance as requested. All in favor? I I

I. Any opposed? This variance as requested has been approved. Thank you very much. Moving right along because we have lots to do today. Item number two involves Mr. Danny Baker requesting a variance from developmental standards for less than required setbacks at the address 1903 8th Street. Um a variance request for less than required setbacks on the east boundary line with 727 street of 6 feet instead of 11 ft. Uh Mr. Baker would like to place a prefab garage there measuring 24 by 24 between his house and the east uh east property. I understand that um we had we have had gotten some information on this item previously from Mr. Jones and I know that uh is it correct that Mr. Baker is not able to be here but his guardian is here? Is that correct? Okay. Um, I'm not sure that I fully understood. Okay. I mean, I understand what we what what I read there to some degree, but I understand that this is a this is a lot that is it that is elongated and not very wide.

Correct. Correct. Correct. It's it's longer than what normally goes. [snorts] This one is stress. So based upon those setbacks, he would need to be 11 ft off each property property line versus if they were on S Street or T Street, it would be 5T or 6 feet. So he doesn't have room between his house and that parking lot that you see in the picture to be able to get this 24 by 24. Where's the parking lot on this over here or what? Where the car is

I think this photo. Does that concern anybody? I think it's the wrong on the street. Oh, I got you. I had the wrong Oh, you got not only you got the wrong picture. I've got a wrong picture. Keep digging. It's okay. I got you. While you're digging, I have question. The parking lot. What is that a parking lot for? Is that just an empty space at this point that people are you what? What's that? So the house is to the north of that car. Okay. Yeah. Is it It belongs to that property and that parking lot used to be a car sales.

Okay. So it's just that house to the north of this property. So basically this square here is where the garage is going to go. Yes, there is another option that he can build it instead of having the see the 15 or 20. I I can't distance between the house and the garage and then that would move him over a little bit off that parking lot. But I wouldn't want to be any less than 10 ft just in case something happened inside that garage park on fire. I don't want house. So

the six feet off the property line would be a normal side set back if the property went this way instead of this instead of the other direction. Yeah. Have you got any feedback from the neighbor to the north here? I did not. Sir, the garage is it going to be a garage or a workshop or a storage shed? He's going to put tools in it, but he also wants a place to park his truck. Okay.

So, he uh he just moved there a few weeks ago. So, he just he wanted a garage and he has got the money go and try to buy one. So, that was really the only side we built one on the other side of the house. So, so that's he's not going to use it for no business or nothing like that. This is personal use. [clears throat] So really Kevin, if I understand this, it if the lot was a regular lot, the setbacks would be such that the garage would get in there and still meet [clears throat] the requirements. Is that correct? because it would be a five foot setback.

Yes. Um particularly if the house was turned like if the house Yeah, I said lot the house lot and he wanted to put the garage behind there be absolutely no issues at all. No reason they'd have to come to us even if because of the way the house is structured. I got you. I see I staggered there. I think I finally found the right picture. And maybe question speaking against this. No.

And it's it won't impede anything. Traffic. I mean, it's not going to affect traffic or anybody. No. No. I mean, even if the lot next door, if they to some point she decided to divide that off and build the house, there's still plenty of room and they'd have to buy their setback. So, they'd still they'd still be 12 ft apart at a minimum.

[clears throat] Are there other questions or clarification just be the clearance for safety anything like that problem at all because laid out chairman I'll be happy to make a make a motion to approve the uh 6 foot set back instead of 11.

Okay. I have I have a motion to approve the variances requested for the six feet in L of the 11 require. Do I have a second to that? I can second that one. I have a second here. All in favor? I I opposed for item number two. Mr. Baker has been approved as requested. Thank you. Um, and but you're more than welcome to stay everybody, but but as your as your item is completed, if you need to go, you more than welcome to do so, unless Kevin has something for you to sign. Okay, moving right along. Then item number three is a request from Adam Chastain Properties LLC for 628 I Street requesting a variance from developmental standards less than the required lot size of 6,000 square ft in an R3 residential three zones. The lot is currently 13,500 square feet. They wish to subdivide this um parcel into three separate parcels resulting in each being 50 by 90 measuring 4500 square ft each. Um again, anybody speaking for if they would please approach the podium and let us know what's going on.

Is this a Sam Shaw property? It is.

Hi, I'm Travis Norman. representing Adam Chastain. So what he has he has a corner lot there and the lots right now run east west and there's two of them. He's wanting to subdivide them north south and do three smaller lots to build residential homes on. So right now this is zoned I believe it's it's R3. So the minimum is 6,000 square ft. We're requesting to go 4500 square ft on each one which say 50 by 90 lots. And like I said, we're looking to do three residential homes there is what he's planning. And all the homes would face towards seventh street in that area. And this is Sam Shaw's lot where he had the signs and different things. Yeah,

we all kind of knew I made one time that wasn't the place you normally want to find, but I'm sure you're celebrating either. Yeah, this does not include Sam's old house. It does not. Appears there's an alley. Well, I see it in the picture. There's an alley there. Yeah. Sec. Okay. [clears throat] So, this is just the the lost where he put his sign. That's correct. Got it. Yeah, like I say, it's two existing lots and they're pretty narrow but long lots that run east west and he's just looking to reorient them and go north south and do three smaller lots and make them wider. They'd be 50 ft wide by 90 ft deep.

What are the other lots in the area? Uh most of those are those are they're 50 by 150 is what they are. So majority meet the specifications

they do. Yep. And like I say, there is two lots there that go east west already existing. House facing the right house. Um so I'm just in R3 with the 6,000 or all

R3 but 321 do that do they have they have separate they do have different sizes R3 would be in other The 6,000 would be our highest. It's actually the greater the most. Yes.

Kevin, have any of the other neighbors comment? I did not hear anything about all surrounding neighbors. Is Sam's old house occupied? Is Sam's old house occupied? for sure. And he's probably going to tear it down. I was passed there the other day and it looked like I thought at first somebody was putting a roof on it, but it kind of looks like they're tearing it down, but

it's hard to tell yet. It was just a couple of pickups and some guys up there with hammers and crowbars, so I don't know what they're doing with that. I mean, my my concern would be the deviation of all the other surrounding lots just it I don't see it's already set up for two lots. I mean, it would make sense to build two homes there, I don't think, and keep with the existing neighborhood structure there. But

I I'm bothered by the fact we have a perfectly [snorts and clears throat] a perfectly established lot with with two parcels, room for two houses, perfectly legal. Uh and I know a lot of these older communities areas have been grandfathered in. Uh so I I just hate to continue that when with new construction going in we have a chance to fix it and make it meet the requirements. Um so I I'm I'm hesitant about splitting it into three if it's already in two. I

I mean he could put two [clears throat] two houses on that and I know he's gonna say he doesn't want to do that and I don't blame him. I wouldn't either if I had the land. Just just trying to maximize what you can do here. Yeah. I just hate to start when we're going with new construction to start splitting stuff up where we're already cutting 25% off of the minimum requirement. Now, on the flip side of that, if you look to the east of the alley though, that house faces north south also. So, it's just on the other side of the alley. Yeah. So, the way we're looking to divide it kind of goes [clears throat] in line with what's on the other side of the alley also. you know, just to, you know, if you're wanting to keep in with what's going on in the area. Tell me what you mean.

Yeah. So, right here, this lot. Okay. Yeah. If you look on this drawing here, you can see we want to go that way. That was already [snorts] that way. Yeah. Travis, you know the size of that lot? It is 50 foot wide. That's not the full 90. You can see that little gap there in the back. So it's just a little smaller and I think that's like a 15 foot gap there in the back. So 75 say I'm saying it's 50 by 75. So it's smaller than what we're looking at doing. That one you're talking about there actually

was for substation no longer in service. What' you say Kevin? That one used to be it was a substation that was vacated by public service at the time. Yeah. What's the zoning on that?

That's all his sh

is the roof of those, I believe. Right here.

45. Okay. That's his house. All right. That's one house on the right. I mean Yeah. Okay. That alley split is Yeah. And I hear what you're saying, Travis, about that. I'm just think with with new construction, I I'd like to start cleaning some of this stuff up where we have the opportunity to do that. So much of it was grandfathered in and we can't until something happens where we have that opportunity. And this is one. I know Adam's gonna hate me, but [laughter] yeah, it's not a popularity contest,

right? Yeah. I'm just here to, you know, give my facts and, you know, do my thing. [laughter] So, but I do know, you know, the reason for doing it is to maximize what you can, you know, bring three new tax bases instead of two type things. So because anything we do, we definitely need the setbacks. Obviously, you'd have to to get our building permits and things like that. But right. Yeah. Now, so if if we were to go to the two, if we were to not do three and do two, we would not have set problem.

If he would decide to do two, I don't think there would be a problem with space or setbacks or anything. I mean, they're over they'd each be well over the 6,000 square feet. If the whole lot is 13 and change, [clears throat] and they're already existing lots that were platted in the early 1900s,

and it's already platted out like that, it would just it wouldn't even have to come to us. This just got to us because he's wanting to uh to whack 25% off each of the now three parcels off of the 6,000 square foot. So at this point we have a do we have any other discussion? Do we have we have we have a would you like that in the form of a motion? Well I think um at this point we don't have we we don't have an approval for it obviously. So I think we would need to we would need to document what the

answer well at the risk of Adam's eye. We will make a motion that we not approve this uh variance to make three non-conforming lots out of one or two conforming lots mainly because this is our opportunity to start making changes. I have I have a motion to deny the variance as requested. Do I have a second or second? I'll second. I have a second of that. All in favor of the denial of variance. I

I Any opposed for the denial of variance? Okay. The the variance as requested on item number three for Adam LLC is is denied as requested. Um, we certainly appreciate your thoughts and thank you. Let's keep going, guys. Number four,

tell him it was me, Travis. [laughter] is regarding Decard Properties LLC requesting a variance in developmental standards for less than required setbacks off E Street of 20 ft in L of 25 ft. Request for this variance less than required setbacks between structures of 10 feet instead of 15 ft and a variance request for less than required setback on the eastbound line with 41515th Street of 10 ft instead of 12.7 ft. Dedicated Properties LLC would like to build 10 duplex buildings on property they own at the East Street between 15th Street and Foot Street.

[snorts] Yeah. Did uh did that make sense? I'm on the lot there, but I know you're going to help set back.

Yeah. Yeah. So, basically the setback on East Street is currently 25 um to fit the um 10 structures we're wanting uh and still get uh somewhat of the close to the setback to the east. We wanted to um encroach five foot into the the 25 foot set back and make it 20 which the houses will be running uh north to south. Uh I think by moving the 20 foot in um we actually cleared some trees that were within that right away uh to allow for line of sight. Um most vehicles aren't more than 20 foot long and those are deadend roads. So

moving towards foot street then correct. Right. So uh yeah this is uh east street. Yeah this is the west side. west side. Okay. Yeah. And this would be east side. This would be the north side. South side. So uh this setback is uh currently set at 25 ft. We're asking that we can move that to 20 feet, which will still give you plenty of line of sight, especially coming off of these roads. Being that they're deadend roads, there's not a ton of like through traffic or anything like that on there. Um, I think you pull a vehic any normal vehicle up on here, you're going to have plenty of line of sight to come out either direction.

Is that how far street comes in right here? Approximately. Yeah. Yep. Uh, Foot Street actually. Well, what that is? Yeah. Uh right right now it currently stops right around in here but it uh it's platted to actually all the way down to the tree line which we will extend the street. So okay so where would the entryway we've got parking lots parking spots oh and parking here. Where would they come into this off of foot street and 15th street? Okay. 50 to Foot Street here and then with this being a dead end and maybe or maybe not getting completed, they would come in and

Yeah. So, they've come down Foot Street once we extend it. Um there's adequate parking uh that requires two per unit.

So, we've got adequate parking. Um we're just asking if we can bump everything down that still allows us to maintain 10 feet in between the properties just for utility accesses and uh um a little bit of clearance between the sec one of the sec I think the second part of that is that uh the ordinance is for 15t between structures and that's because of these are separate pots if this which we intend to combine this all into one lot. If we combine that into one lot, that 15 foot really becomes unnecessary. But we're just as part of this, we're before we combine the lots, we're just requesting the variance change to 10 ft here. And then that gives us

association set up for that. You don't have to. Yeah. No, it'll be uh No, it'll just all be rental. Yeah. Uh I don't want to there there's a high demand for four bedroomedroom two bath house in the area and um we're we're trying to just meet the need the these will be single family units y each okay I wish was here because he always jumps in he always ask him about fire access between buildings I don't know if 10 ft is enough or not 10 feet is minimum that you can go which we were going to go ahead and do fire rated walls there. They will have fire on there.

Okay. Yeah. Do you see any visibility issues with that kind of I don't I went over and look at it and I mean there's on 15th Street there's not a whole lot of traffic here and I do believe you have some people here that talk about this here but I think 20T here now that they've cleared all this off you know crest of a hill here so coming down I I think there's going to be

that's all going to be open basically essentially right Um I think I don't see where five ft reduction there is going to be a problem. I think there's only two telephone utility 5T here and if these were all separate five feet here we're talking about but that may not even be an issue. All right. No there's 10t you're saying normally normally there would be five feet if they were separate lots but I got you. Yeah. Yeah. Yeah. They would normally they would be principal structures would have to be 15 ft apart. Right. Right. Correct. So he's asking to reduce it to reduce but if that was one that would be

even at one lot I mean principal structures on a lot. So five is what's being added or five less. Yeah. Five less basically five less understand. Y and then this distance here because there's four lots here and then there's one big lot. It was 127 feet across here. Okay. That's why he would need it's supposed to be 127 sorry 12.7 feet off of this line. Yeah. For this house. Okay. But he's asking to do it at 10 ft. Okay. Yeah. which still gives us uh plenty of uh I think it was it 25 feet from structure

I believe so. Yes. Yeah. And we're it's still gonna we by doing that it'll still give us more than 25 ft. I think it was like 27 ft. But it allows you to keep this unit allows you to keep everything. Yeah. Beautiful. That all makes sense to me. Yes, sir. All right. Thanks for bringing the paper that help. Yeah, thank

you.

Please. Anybody? Yeah, please. We're Richard and Serena. [clears throat] We live on East Street. Okay. Um, we have questions like there's going to be a lot more traffic because there'll be 20 families and there's going to be what probably 40 toilets. So, how are we going to do that with our septic system that's old already on the old part? The last time I talked to a city worker, he swore my sewer went down the hill underneath the lot below me. It went out to the street under the driveway and he argued with me and said it did not go there. Where do you guys live on the street? Right across from the main.

Okay. Gota

and the septic carrier is underneath the hill on each street. Okay. Which means if they're going to connect into anything on that side, they're going to have to tear the street up to get to it. Yeah. is what? Past the corner of our house. Yes, it's right at the end of my driveway. Maybe about 3 foot past the end of the driveway. Got you. And and it's concerning for us because if they add all that pressure on a system that's been there since the 1940s, how much you want to bet it's going to blow out? I already know the storm sewer at the bottom of that hill, if you lift the lid, all the all of the limestone in it is falling into it. It's all collapsed in.

Got you down at the bottom of the Yes. And I believe the city worker told me that's not my problem and covered it back up. And our question is too like where are they going to park? 20 different families. Where's the parking going to be at? They're going to beecially ample room to Yeah. to park because you're going to have, you know, two families on for each duplex. That'll be 20 families. the parking on the Yeah, please take a look. Soong just from the city's perspective.

Okay. So on the south side 15 street. So my other question is and this may [snorts] what happens if you stay at 15 ft apart you have to go to eight units rather than 10. Uh yeah. [snorts] Yeah. A lot more traffic for us too. And I don't know that's our main concerns are the traffic with the parking and the septic situation.

Yeah. The septic and the water because that that system over there is I know you spoke to a city worker. Did you guys reach out to actual No. It was when I was trying to figure out where I had a break in my sewer line. Derek, is that something you guys at all?

Well, um the uh [clears throat] so this was plotted before uh and I believe it was uh approved. I don't think there's quite as many lots or uh duplexes on it, but the city had the the sewer main actually has already been extended and runs along the um south side of the property and they actually have uh the sewer tab stubbed up for these which we would have to tight between on the easements uh in between the structures. Um, gota

and then we would have to work with the city as far as uh I believe the water man runs [snorts] up uh the west side of uh East Street. Is that correct? It does. The water man runs up here and they have actually stubbed off the water man as well and dropped in uh meter pits for these. We would have to we need to turn I know a lot of that meter has been down there as long as I've own the house. Yeah, it's me. They've been there for going on 12 years now. So I know they had the guy who had bumped it before had planned on doing something with it. I think he got into tax trouble and couldn't do it. Yeah.

So, but I mean it's just a concern because of Yeah. how old some of this stuff up there is. As far as equipping these locks with it, the infrastructure has already part of the infrastructure has already been completed uh prior to Mr. record buying it. Um, as far as the infrastructure, uh, the existing infrastructure for the sewer with the city, I haven't really tied into it. Nothing. Actually, this is the first that I've, uh, heard of any kind of issue with

it's just because I ran into it when I had to fix mine. And there's a lot of uh I know I know just from uh renovating houses and building houses around you get into a lot of old clay tile and well that's where I that's where I had the problem with mine is it came out in PVC had clay tile PVC clay tile but that's something that uh we run into issues. I mean, I can I'll get with uh um I believe Doug Stags with the city and um I can speak to him on any concerns and issues, but honestly, what your your your area has all been done from down in this area? Yeah, it's all been

So, you're going to end up running all this down? Yeah, the sewer lines will come down between the structures. Uh being that this elevation is higher, gravity flow down. So really with the exception of your water supply maybe tapping in here somewhere you're not really going to have to disturb this area which which was my main concern is because if you had to tap into any of that we wouldn't need required tap in here we would tie into there's a new that runs through that we would tap on where they extended it I believe there's a manhole that sits out here in the road

sanitary that's what I was talking about that when you lift that lid off it's all limestone It's all fine. Yeah. And that's probably not as bad as some of the areas. I know it's not drain. [laughter] But like I said, when I was doing mine, I had the city work to come out and he sewer ran down the hill underneath that down. That's my lot. And I said, "No, it doesn't." I said, "I know the guy who put this in was my best friend. He comes out the back of the house, comes through the driveway, and hooks in two feet out into the pavement." Yeah.

Which makes sense. Right down to the manhole. [laughter] What about the fire hydrants? I'm wondering. I don't know how that's works. Like, we have one on the corner of our lot. They don't, like I said, sit back. So, we're not going to have to widen the room or anything like that. So, we won't have to have that adjusted. Okay. Basically, the only thing we're asking for is the the current uh this being 25. They want to make Yeah, this is 25 set back. We're asking for it to be 20 for vehicles pulling out of here. I don't think it'll be a line of sight issue or anything like that. And then parking there, too. Yeah. Be parking off a foot street.

I just my concern with them trying to park on our on our property. So, we have nowhere to park on either The only place you're going to have a vision problem is at the top of the hill. Okay. Yeah. When I'm going to work because there's that house right there on the corner. Yeah. Coming up to that stop sign at the very top of the hill. Might be a bigger issue than at the bottom. And this road comes up over the hill and then it doesn't turn. It just turns around. I'm working from memory now. [laughter] Long time I've been over in there. And and this isn't just an empty lot now, right? It's all empty except for what, maybe four or five trees on the north side now. Uh I've actually got most of the trees all

Yeah, I know. Well, I know. Right on the north side. A couple I think there might Yeah, there might be one. I don't even think we're going to mess with them. He's referring to I believe there's a tree here and then maybe one up here. Yeah, if you look at the uh parking whatever whatever the last map shows the trees there, but it looks like they're all I just know they were there a week ago. So, I don't know. I haven't paid that much attention. Uh well, I mean, and it doesn't really pertain to you guys, but there is a there's a utility called that we'll have relocated, but

it uh Yeah. Will they have to update the power? I wonder too because we're going to have so much more like the transformer and the things like that when we have so many more families and electricity being pulled because we have outages easy up there on that part when it storms. Yeah, there they'll definitely there's been transformers set down underground. So all the all the feed will come from underground for these here. Um we'll probably when we relocate this set a couple additional transformers up here which when Duke that they'll do that for the demand there. Oh yeah, right. Yeah, because they haven't really updated the things outside forever.

This will bring some update. Yeah, that's I mean that was our biggest issues was she had questions about the park and I was worried about the the underground infrastructure. How are you? And this is our neighbor. Okay, please. Yes, Sarah Grant. I'm a little house at the top. Has anybody got a picture of the hill? This one?

Okay. Um, I am very concerned. This is the old part of town. We have bad water pipes. Everything is old and deteriorated and they're putting in can [clears throat] duplexes. This is a tiny little area. I think one of you has been over there to see it. Somebody has tiny little area to try to put in 10 duplices. They've already got all the trees down and that's not ecologically wise either. Not to mention they were beautiful and I just it it is too small an area. It's too old an area and it's not I mean this part of town has gone to hell actually and we used to be in walking distance of a grocery that's gone now. I mean, it just But it's just not it's not enough room for 10 duplexes. Maybe three. Well, would you you say not enough room for 10? Is there room for eight? Because the only reason we are here, the only reason we are here, they could put eight up right now and be be completely in compliance.

Right. So, the difference is eight or 10. I'm in a bad mood. I don't want any. I [laughter] understand that. I understand that. On the flip side, and I I'm not I'll just play devil's advocate with people coming in there, you could well get your grocery store back. Well, they come where there's people that might that can get to. But I um the I I I feel your pain. I understand. But they can put eight in there right now. We are here looking at giving them 10 ft in essence to add two more.

Okay. Another question for my neighbor who couldn't be here. Where are they where are they going to I mean are we allowed to see the plan of how they're going to do this and where they're going to put them. We have it right here. Oh, okay. Where is the entryway? Is it going to be off? Yes. Come right up here.

You have the large one there. I think this will they'll do a good job of really kind of laying it out. So you've got Fifth Street here and then 15th here, East Street here. There you go. So So where your home is. Let's make sure that that Okay. Right here. So the parking is going to be here and here. So they'll be entering from from both foot street. This street will come farther down. And there will be parking up there and there,

right? So I believe so that Yes. So that's so that mean I'm assuming that's open parking. In other words, there's not going to be one entry way. It's not going to be tight. It's pull from you'll be able to come. They're required to have it. It has to be so wide depending on the number. Yes. So you shouldn't have any situation where you're going to pinch. Okay. Okay. Yeah. They won't be parking. Well, they shouldn't be parking in your yard. It's so right. They've got parking. Handle yourself. They wouldn't be there long. And this is the lawn here. Yeah. That's the area. That'd be the area in between.

That's right. That's right. Same in between. Okay. All right. That helps. That helps. It helps to see it, though. Yeah. It really answers a lot of questions. Oh, the other question is when are we going to start this? Derek, if this were to be approved, when would this be started?

Uh, we're open to pull the trigger here pretty soon. Um, and we I'd have to as soon as approved, I've got meetings with the city of Bedford about utilities and uh hookups such as the water line and Duke. So, there's some infrastructure work getting the road shut in. And then I mean I would like we'll probably do it in like two phases where we do maybe the 15th street side and the foot street side or something along those lines. But I mean I would love to within 30 days you think or Yeah, I would say within 30 days we'll be rolling. So the blocked off street.

Did that answer your question? Wonderful. Wonderful. [laughter] Wonderful. And you are one of the pleasant ones that comes in with a bad mood once in a while. [laughter] Okay. Thank you. Thank you everyone for the time.

Is there any more are there any other anybody speaking this on behalf against this? If not, let's entertain any more discussion. We need clarification a motion. It sounds like the concerns of the neighbors have been addressed or at least are on the table and will be addressed. Uh, and since they wouldn't even be here if it was eight units, the request is to give them uh about 10 ft and it doesn't seem to bother the sightelines. Uh there's plenty of parking as required. Um it looks like utilities will be handled or are in the process of being handled. I don't have a [clears throat] clue what all you have to go through to get the whole sewer thing. You can put

yours in, but it has to tie into the existing decrepit system somewhere which is outside the purview of uh of this meeting certainly. So having said all of that as a basis, I would make a motion that we approve these setback variances. I have a motion to approve the setback variances as requested by Dec Properties LLC. Do I have a second for this? I'll second. I have a second bill. All in favor? I I. Any opposed? The variances for variances as requested have been approved. Thank you very much. I appreciate it. very clear and good information and good communication. We get it done right.

Okay. Thanks guys. Been a long time. How you doing? Good. Yeah. She fine. Uh both her kids out of college. Yeah. Yeah. Reese neither one is married but is engaged. Number five, six and seven. That's awesome. Then are the same entity. Is that correct? Thank you.

Nobody. Yes. Okay. I guess it's all the Easter. So, I'll let read these for the record. So, um um these are public hearing from it's always something LLC for three separate items uh requesting a variance in developmental standards less than required lot size of 6,000 square ft in a uh PR zone at 2220 P Street requesting to subdivide in parals which would result in lots 2 and 2 A being 6500 square ft lot and but lot 2B will only be 5590 ft. Set the the next item. We do need this one at a time, guys.

Let's do them one at a time. One time very quick. Please. Let's start with item number five. Item number five. Yes, sir. And that's the ones that's lot 2, 2 A, and 2B. Is that correct? That's correct, sir.

Okay. So, this property here, he owns three tracks. So, he has two lots that run east west. And at the very top, he has a real small little bitty lot up there. We can kind of see a tree sits right in the middle of it. What he's wanting to do is restructure this and create three lots again, but he's going to make three buildable tracks instead of that one little small track up there by itself. So, he's wanting to do lot two, which will run north, south, and lot 2 A and B, 2 A and 2B will run east west. Um, lots two and 2A already hit this 6,000 square ft minimum. They're 6,500. It's lot 2B that we'll need the variance on because it's only going to be 43 feet wide by 130 feet long, which is about 5600 square feet. So, we're all fall about 400 square ft short for that one.

And that's the one, this one right here, that's one existing garage on it there. Yes, that one there. Yeah. Yeah. This one's kind of highlighted in black. Okay. Yeah. But this is Jody Cobb that's doing this. I don't know if you guys know Jody, but he's got several rental properties and I'll kind of play into the other two we're doing as we go on here. So, these are these are related items or something. They are. Okay. Um, and they're all pretty much right here in this same area out there by the old Dun Hospital.

Gotcha. But his thoughts on this one was he could break it up like this and get three nice tracks and bring the one kind of into conformity. That's a small track up on the north end of that blacked out area. You showing that drawing. So I'm sorry I made it clear. I know. So what you're saying was how does it how does this So this one right? Yeah. That's an existing lot right now as is this. So is that little bitty one. Okay. So that's where he's want to turn that lot like this to kind of do away with that smaller lot that's there. I got it

by turning it that way to form I mean it lines up with everything else right and as you see the lot lines right now that is how it was platted back in the I think this was platted in the 40s somewhere in there probably. So as you see the orange lines that is how it was platted and laid out. Okay.

So essentially we have in this particular item we have one lot being requested to be below the that's correct. I mean just below the 6,000 if you left it as it is. Lots 2A and 2B. If you left the orange lines those would be fine to build on. Now, the one to the north, the little small square would not fall into Gotcha. But we're not missing much, right? I mean, we're close. We just couldn't get enough. I understand. Yeah. Yeah.

So, we're in essence, the request is to get 10 square feet out of 6,000.

Right. That's right. because the lot size because of the and like by flipping it that way it would appear to me that that it align with the other [snorts] I think it it will it's my my personal feeling that that's a that's a good example of when being clever maybe that's much closer than the previous mask I guess Travis what what are these buildings across the street the long buildings is that part of the Dun the old Dunn hospital the complex things and their old offices.

Are anybody in those anymore? You don't know for sure if there is. Charlie Meadows was running a business out of there. I don't know what else is in there.

And I'm going to assume this looks like a parking lot here on the It is. And that's that's not part of this whole discussion. It is. Yeah, that would be one of our lots. That'd be lot 2A. That would be 2A. Okay, there's my missing part. Okay. So, it meets conformity for those. It's just when we do the lot 2B, it doesn't quite It's the little one 2B that's the issue. Yeah. Okay, I got you now. I couldn't find my third lot. I was trying to cut it in half. Okay, so I have a question. Where should we hear because they are related here based upon plans? It sounds like it's the same general area. The other two items to determine or should we rule on

I these I think we need to do it separately because from what I can tell looking ahead that the other ones across the street. I would agree. I'd like to come down to basically it's a lot with two rental homes on each one. Right. Okay. Very good. Yeah. Just one. Perfect. We're doing late [laughter] 4:00. He missed all the, you know, stuff. [laughter]

Any other discussion then on item five? I mean, considering that, you know, this kind of keeps in line with kind of the discussion before, this kind of keeps in line with the current neighborhood and it's not a dramatic decrease on the specific line. I don't think it's really outside of just pure looking at the numbers anybody would ever notice. Yeah. I don't think there's any reason why I would have a problem with this personally. I don't know about anybody else, but

I don't think I do because I I was kind of writing the at the head of the line for the other [clears throat] one with Adam, but that was a 1500 square foot reduction three times. This is 110 SW I'm sorry, 510 square feet. Yeah. Once trying to right that that goes down a little bit easier and looking at how this would be then laid down. So, I'm I'm comfortable [snorts] with this one and I would make a motion as such unless you want to do that. I'll make a motion we approve the uh the variant request for item five to make one lot to be 5,590 [clears throat] square ft.

Very good. Do I have a second? I'll second. We have a second from each. All in favor? I I.

Any opposed? Number five, that variance has been approved as requested. Thank you. Yes. On to number six. And then so I will read this. Um we are uh saying it's always something LLC requesting a variance developmental standards for less than required lot size of 6,000 square ft in a PR zone at 1603 23rd Street. The lot is currently 6,500 square f feet and they wish to subdivide the parcel into two parcels resulting in each parcel being 50 by 65 or a total of 3250 ft each. That's correct.

Just is that this one here? It sure is. So that existing lot is 50 foot by 130 ft. There's two rental homes on this property. What he's wanting to do is put a line between the homes and separate them and make them two different tax parcels for just future planning down the road. That and then pictures worth of thousand words. Is that how which one is that? Is that this one? It's this one right here. Okay.

Yeah. You'll see the two buildings on. You just want to split the two buildings. Now, nobody might Nobody might not know this, I guess, but just looking at this picture, it doesn't look like these were built together at the same time, judging by the appearance of the roofs there. Yeah. I'm not 100% sure. It was a garage. Gotcha. Gotcha. Okay.

Which put them in unless there was a variance, and I don't remember doing that. It was probably before my time, but that that knocked a lot out of compliance even at that point with two houses on a 6500 square foot parcel. Yeah. So then we had two houses. Well, his distance between his two parcels was in compliance because they had the spacing. Yes. Yes. The the the because it's one parcel, but the spacing is okay. It's one parcel at 6,500, but the spacing is such they could put two houses on that parcel. Yes. Got it. Gotcha.

Got it. And now they're wanting to in essence draw a line between the two houses. Correct. And then I'll go back. We're we're taking something that's in compliance right now and suddenly making it out of compliance by 50%. And there are two dwellings here. So that's the bad thing. You got two houses basically on one tax parcel. Yeah. So we're wanting to hopefully get the variance so we can do a minor plat to clean that up to make it two tax parcels instead of just one with two dwellings.

There's no plans on changing the structures or anything at this point. Okay. If you drew the line halfway between, would all the setbacks and everything be in compliance? It'd be pretty close. It'd be close. Yeah. Yeah. We'll have to really make it'll work, but we'll have to really make it work to get it to work. We could have done this. So, he'll have to come back to do a minor subdivision of these anyway, not to hear it over the plan. Well, but it seemed best to do the variance request first because if you did not variance request, no reason didn't subdivision. Right. Right.

Um I did not provide you with a larger map, but if if you were to look at the GIS map, you would see properties to the north of that that are smaller. I've got here too. You got a little further You have those two properties and these two properties, the ones just north of it right there that are smaller than the 6,000. Basically, they're exactly the same. It is kind of Yeah. Do you know the history of those? How they ended up that way? I'm going to assume they were grandfathered in

probably prior to 1984. Kevin, I mean obviously a little but I mean is that an issue of tax as far as having two houses on the same tax on two residences as opposed to I don't know I don't think it's on taxes I think I think there's some benefits when it comes to finance you would have more depends a long amount of belief From what I've understood from other people, when you have that separated out financing,

I understand what you're saying. Yeah. Because even though they're both home, it's looked at as one property from a standpoint. And if he chose to sell, then he would need as far as collateralizing and all that. Yeah. Are these uh both [clears throat] rentals or one of them are rental at this point? I'm pretty sure they're both rentals. Unoccupied, I believe. So yeah,

one is occupied weather is still being [snorts] what do you think? I mean I the thing that differentiates this from before is the fact that as of now nothing new is being built and it's we're just literally you [snorts] know changing the

and and that's true but it's not a a bare lot that we're right that we're debating dividing up into how many sections uh and letting it go out of compliance by doing that. These are existing structures. Uh I wish it wasn't cutting cutting each parcel in half. I I don't That's a huge That's a big ask. Uh

yeah, I don't really like that either. Um and if you think I don't like that one, wait till we get to the next one. [clears throat] [laughter] I scrolled ahead. A little tighter [laughter] back then. That's item number eight. That's item number three, right? Or seven. Yeah. Lots, you know.

Um I just hate to make something that's compliant out of compliance. And I know there are benefits to somebody to that, whether that be the the city government for tax purposes, the the owner for resale. It's hard to sell a place with two houses on it if you're looking to move something. And so I'm sure there are reasons to do this. Uh what's what's the age of these structures here?

Well, I have no idea to be honest. because it's there. If you was to resell it, is this something that whoever would like, you know, honestly, well, it makes sense to me if you're wanting to buy the whole lot is if those were in such bad shape, you want to just build one home there because that would, you know, considering majority of the homes aside from the one that happens to be right sided around there, it's in line with the the lot sizes of all those in the area. But you said that was a garage. I guess it can be converted back. Just out of curiosity where something like that happen that how am I thinking about that? Was that was that how could that occur go from the garage? I mean it's not it's not we hearing or anything. Just is that okay to do that? I guess.

Yes. I mean, there are other places it's happen. It has the minimum square as long as it's got the min. Okay. Gotcha. It just it kind of screws things up when you put Yeah, it really does. I understand. Yeah. It has all the bathroom, kitchen, right? It's got everything needs to be at home. Yep. which obviously is taxed different. I mean all of that I mean so it's it's not like anything's really being it would just be I understand why for you it would be cleaner 250 square ft pretty small.

Yeah. I just have a problem going out of compliance with something that's in um because I I try to go the other way. I don't I try to bring things into compliance. No, it's it's again that the last one it was unless you actually had the numbers in front of you, you weren't going to notice,

right? Agreed. That's definitely the determining. Well, to move it along, I will make a motion that we uh deny this request for the variance for the from these development standards. And I'll second and I have a second for that. All in favor of the denial of this variance? I I any opposed? [clears throat]

So the the the second item for for always something LFC, but the sixth item for the meeting today has been denied. Let me read number seven and the final request today of the public hearing. Hang with us around us. You're old for two right now. [laughter]

My batting is way down today. [laughter] Going into a slump. you doing? Yeah, it's [laughter] on you. Promise you that. It's all business. So, all we LLC is requesting variance from developmental standards for less than required lot size of 6,000 square feet in a PR zone at 1512A and B 23rd Street requesting to subdivide the parcel that is currently only 3540 3540 ft. Um, and would result in lots 3 and 3A being 1770 ft.

That is correct. So, the existing lot there is an existing platted lot. It's 59 by 60 and it actually has two dwellings on it. I drove past there today. I finally found it. Yeah. Uh, and yeah, it's like two little tiny houses. Um, and this one wouldn't be big enough if we tore them both down to do anything else. Right. Yeah. Same kind of deal. Rental houses. Yeah. Occupied. I'm assuming. Are they occupied? Those two. Yes. I thought they were.

Just for the board's information, this if I one of them is a garage that was converted to a residence. If my memory certainly corrected before I started planning I believe before able to do that in the first place because the setback that's already been considered at least be able to do that. I didn't look that up. I apologize for that. I'm pretty sure that I don't remember that for something this tiny. I think that would have been uh I think that would have stuck in my head to convert unless it was uh this was purchased in 2021.

So 2021. Yeah. Is when this was purchased. Well, I was certainly here then. I do not remember it, which is of no consequence. I don't remember a lot of stuff. Uh But same. It didn't bother me then. It bothered me. Yeah. Same reasoning for doing this though. Essentially exact same. You got two dwellings on one parcel trying to separate them. Yeah.

Well, I hate to make this short and sweet, but considering what we just did the uh the last motion. Uh, I don't I'll give another chance for everybody to speak before I make a motion, but I don't see any logical reason why not to keep the same as I said earlier. Thought I was unreasonable on the first one. Wait till we get to this one. We're just We're just making a All right. And this one doesn't even come close to fitting anything. It's a larger ass than what was just denied. probably and I as I said earlier I'm big on precedent. I think we just sent one. Yeah.

So I'll make the motion echoing our last motion to deny this request. I have a second. A second. All in favor of the denial of this variance. I I any opposed. Sorry you I mean good information. This is we that's why you guys are on this board to hear these out. So we need to maintain our

our streak I guess whatever you want to call that our common. So um thank you very much all. I I think with that we got through seven items today. Is there any other items discussed? Anything going on in the city? Tell your mom and dad it's real sunny up there about 85 degrees. [laughter] I'll entertain a motion to adjourn. I so move. Do I have a second? I'll second. All right. All in favor? I. Any opposed? Thank you, guys.