Planning & Zoning - Regular Meeting

Oops. Yeah, couple

We'll start the meeting in about one minute. Good evening and welcome to the October 7th, 2025 Brookings County Planning and Zoning Commission meeting. This being is being recorded, televised, and viewable on Swift channel 19, ITC channel 168 or the Brookings County YouTube channel M channel. And I'll call this meeting to order. Uh, approval of minutes. Is there a motion?

So move Pollson. Motion by Pollson. There's a second. Second. Second by Troy. All in favor? I. Motion passes. Items to be added to the agenda by commission members or staff? I don't have anything, sir. Invitation for citizens to schedule a time on the commission agenda for an item not listed. Seeing nothing. Disclosure of conflicts of interest, relationships to the applicant or exparte communication. Seeing none, approval of agenda. Is there a motion? So move. Motion by Kyle Vanderall. Is there a second? Second. Second by Clark. All in favor?

I.

Motion passes. We will now convene as the Brookings County Planning and Zoning Commission. I get that right. Right. Yep. The Brookings County Planning Commission is a nine member commission whose function is to recommend approval or disapproval of land use plans, zoning ordenses, subdivision plats, and amendments thereof to the Brookings County Commission. The commission makes its recommendation based on adopted comprehensive plan for the physical development of un of the unincorporated areas of Brookings County. As a matter of policy, all motions are made in a positive. After a motion has been moved and seconded, it is open for debate. Those supporting the motion shall in turn give their reasons. Those opposing the motion shall then offer their reasons. After everyone has been given a chance to be heard, the commission shall recommend approval or disapproval based on the testimony and information presented. A simple majority vote of a quorum of members present under the planning and zoning board in attendance is required to forward a recommendation. Agenda item 2025 plat 022 plat of tract one even addition in the south 1/2 of the souththeast 1/4 of section 8 township 110 north range 47W of fifth primary in Brookings County, South Dakota. Is there a motion?

So moved. So moved by Kleen. Second. Second. Richard, staff report.

Yes. 2025 plat 022. The Robert Even Living Trust is platting off a 3.84 acre building existing building site from the 80 acres that they own. on the building site consists of the shelter belt with mature trees and a house which was built in 1977. It does meet the plotting requirements of the 2016 comprehensive plan on page 24 for the agricultural land use. Here's a proposed plat. There's the plat on the beacon map showing the mature trees in the house. And there's the beacon map just outlined with the marker. And that's all that I have. And the applicant is not here this evening.

Thank you, Richard. If the applicant isn't here, we will move to the public hearing portion. There's anybody in the audience that is for this? Seeing hearing none, is there anybody in the audience that is opposed to this? Seeing hearing none, I'll now close the public hearing portion. And any additional comments or questions for members of the board? Seeing none, Richard, would you call a vote? Pollson. Hi. Cody Clark. Yes. Daryl Klein John. Hi. Kyle Vanderwal. Hi. Mark Joinby. Hi. Neil Troyan. Yes. Justin Dgroot. Hi. Kelly Vanderwal. Hi. I.

And Chad Ford. I. Motion passes. Moving on. Agenda item 2025. Plat 023 plat of Martin Farms edition in the southwest 1/4 of section 26 township 111 north range 50W of the fifth prime rating Brookings County South Dakota. Is there a motion? So moved. Motion by Troan. Second. Second. Second by Kelly Vanderol.

Richard Wood staff report. Yes. 2025 plat 023 Raina Martin and Martin and an Martin Overby and Ryan Overby are planning off a 5.21 21 acre existing building site from the 74.64 acres they own. The building site consists of the shelter belt, mature trees, house, a barn, and pole sheds. The building site was originally platted as a foot originally described with a footage description. It's now being platted for a property line adjustment. And the plat does meet the platting requirements of the 2016 comprehensive plan for the unincorporated areas for the agricultural land use. This is the plat property line adjustment is right here as you'll see on the beacon map. The blue line is the footage description. You can see it did go straight. The red line is the plat. It did come up and make a little jog go around the trees. There's the beacon map with this the area right here. That's the prior one is a plat of the farm ground. This is the building site right here. It was a straight line. So that's all that I have and the applicant is not here this evening. So thank you. If the applicant isn't here, we'll move to the public hearing portion. Is there anybody in the audience that is for this? Seeing hearing none, is there anybody in the audience that is opposed to this? Seeing and hearing none, I'll now close the public hearing portion. Is there any additional comments or questions for members of the board? Seeing hearing none, Richard, would you call the vote?

Yes. Clark, I. Daryl Klein, John, I. Kyle Vanderwal, hi. Mark Droyinby, hi. Neil Troyan, yes. Justin Deg Groot. Hi. Kelly Vanderwal. Hi. Tim Pollson, Ian Ford, I. Motion passes. Moving on, public hearing proposed changes to the Brookings County Zoding ordinance number 2024-01, article 4, chapter 4.07, section 4.07.05.02, planning zone pipeline liquid planning zone liquid pipelines. Is there a motion?

So moved. Motion by Kyle Vander. Is there a second? Second Pollson. Second by Pollson. Richard, would you read the staff report?

Yes, I'll read this and I'll let Mr. Hill add more to it if there's anything else he would like to add. This is an update as a recommendation from the Brookings County CO2 pipeline advisory committee to update the current zoning ordinance in article 4 district requirements chapter 4.07 transmission pipeline risk reduction overlay district section 4.07.05.02 O2 planning zone liquid pipelines by removing existing L language in number three and replacing it and adding setbacks in the planning zone for liquid pipelines. Updating zoning ordinance to article 4 requirements chapter um 4.07 transmission pipeline risk reduction overlay district section 4.0705.02 O2 planning zone pipelines is hereby amended by removing the strikeout and adding an underline and itallic font. So this under number three which is currently there would be removed and this would be replaced as a starting point for the HLP placement of Brookings County. The following se sec se set setbacks which are in place for confined animal feeding operation kayos are in place for placement of HLP pipelines and this would be the chart that would be used for established residents 2640 ft adjoining property lines 330 ft churches businesses commercially atzoned areas 2640 ft incorporated municipalities 5280 ft feet. Established private well 250 ft. Existing public water well 1,000 ft. Late streams class class classified as fisheries as identified by the state 150 ft. Bob, do you have anything to add to to that?

Yes, sir. Mr. chairman and board commissioner Randy, zoning board commissioner Randy Jensen sat in on this as representative of the planning commission and unfortunately he cannot be here tonight and he said he he sent me a a text saying he had something come up and of course it is harvest time and and we was afraid this was going to happen but he set in on the meetings and uh we had two county commissioners sitting on a meeting we had Jay Gilbertson you know we felt that the the committee that worked on the pipeline update was you had people that that was we would consider u not opponents but people that was concerned with the CO2 pipeline and then people that was for the CO2 pipeline and then obviously commissioners. And uh so we felt we had a a a pretty good committee that was set up to look at all the facts and weigh the facts. And um what we ended up doing was basically adopting the same setbacks that we have in our confined animal feeding operations plan. We did add 320 ft instead of 200 feet on the setbacks from the adjoining property lines, but that was a a compromise that we made. it's part of the committee. And um other than that, if you have any questions, I'd be more than happy to do the best I could to answer for Commissioner Jensen. But uh the board or the the subcommittee that the county commission had appointed approved this change unanimously and sent it to this board for the public hearing. That's all I have, Mr. Chairman.

Thank you. That being said, there's no applicant here, so we'll move to the public hearing portion. There's anybody in the audience that is for this? Seeing and hearing none, is there anybody in the audience that is opposed to this? Seeing and hearing none, I'll now close the public hearing portion. Is there any additional comments or questions from members of the board? Seeing hearing none, Richard, would you call the vote? Klein, John, I. Kyle Vanderwal, I. Mark Droyby. Hi. Neil Troyan. Yes. Justin Degrroot. Hi. Kelly Vanderwal. Hi.

Tim Pollson. Hi. Cody Clark. I. And Chad Ford. I. Motion passes. Thank you.

Moving on, we'll now convene as the Brookings County Board of Adjustment. The board of adjustment is a nine-member board which has the power to hear requests for variances, conditional uses and appeals and non- material decisions of the zoning officer. The concurring vote of twothirds of the full board membership of the board. Six votes is necessary for approval of a variance or an appeal of the zoning officer. The concurring vote of a simple majority of those board members present in voting is necessary for approval of a conditional use permit. In accordance with Robert's rules of order, we require a motion to approve a request before the request can be debated. As a matter of policy, all motions are made in a positive. The board under specific powers granted to it by the state shall authorize variances from zoning requirements or special conditions existing on the land will result in an unnecessary hardship for the applicant. Financial disadvantages to the property owner shall not constitute proof of an unnecessary hardship. Moving on, agenda item 2025, variance 002. Joel Williams has made an application 2025 varants 002, the Brookings County Board of Adjustment for Variance, Article 4, District Requirements, Chapter 4.03 LP, Lake Park District Section 4.03.03, Density, Area, and Yard Regulation, Minimum Sideyards. The property is described as parcels 1, two, three, and four in lot 10 of the subdivision and replat of Lake Ponet Heights in section 5, Township 112 North, Range 52W, Lakeon Township, located at 152 South Lake Drive, Arlington, South Dakota, 57212. Is there a motion?

So move Pollson. Motion by Pollson. Is there a second? Second. Second by Kyle Vanderwal.

Richard, would you read the staff report? Yes. 2025 variance 002. Joel Williams has applied for variance in the Lake Park zoning districts to build a new residence within with an attached 32 foot wide garage to be 0 feet from the west property line, a variance of 25 ft. The rest of the house with an attached covered porch would be 8 ft from the rest property line, which is a variance of 17 ft. The required setback on a corner lot is 25 ft. The the front yard set back on a corner lot is 25 ft. The west property line adjoins Seventh Street which is on the plat was for lake access. Seventh Street has matured trees, brushes, bushes and grass growing on it. And at the north end there's a very steep grade or drop off going to the lake which has trees and bushes growing on it making it unusable for lake access as it was noted for on the plat. The applicant and the other adjoining land owner maintain and keep up the area where Seventh Street locate is located. The rural water meter pit is located in the middle of Seventh Street. Both lot owners use the south side of Seventh Street to access their property. Also on there and things are to consider are the shape and the size of the lot and how Seventh Street was used and Lake Ponet subdivision, Lake Ponet Heights subdivision was originally platted on June 30th, 1922. And also on there, his existing house is currently also 2 feet two to three feet from the adjoining property line of 7th Street. So, and I'll show you that when we get to the pictures here. Public notices were published in the Brookings Register on September 23rd and 30th, 2025 and the Value Tribune and Arlington Sun on September 25th and October 2nd, 2025. Letters were sent to the jointing land owners, the Brookings County Highway Department, the Lake Township Chairman Clerk.

Wow, there is the right one. Now we'll go to page two. Here's the variance application. This is site plan lot. This would be the garage on the south end of the of the lot there. This would be the covered porch would be 8 ft off of the property line. This is a floor plan sketched out showing the garage. This one is with the floor plan from the lumber yard showing the garage on the south end. This would be this is where the zero setback would be. This is where the 8 foot to the edge of the house would be 12T. They're going to have a 4ft covered porch coming around uh the west side going around to the north. So that would be put the set back here at at 8 ft for the side setback which on the corner lot on this side of the lot would be 25 ft. So this would be the front right here. Only question is after I got to looking at this and you can answer this later on, but were you going to have the doors to your garage on the south side or the west side?

On the west side.

Okay, that would make a difference here. So, this is a lot right here on the beacon map. This is the existing house. You can see the lot line is right close to it's about 2 to 3 feet from the property line. This is seventh a seventh street right here. You can see they have a a a burm built there to keep the water from rushing down there and and um controlling erosion and things like that. The water meter pit is right in this area right here that goes across there. This is looking uh from South Lake Drive looking north towards the driveway. This is looking towards the east. Good clear view. Um my house is up on a null. Um this is looking towards the west. Um this would be 7th Street right in this area right here that they use for parking. Let him and his neighbor um keep up the area. This just looking north from the south end of the lot. This is a property line right in this area just on the other side of their their step or deck right there. Also showing it also right here. This is the east property line on the east side of the lot. Kind of hard to see, but here's the the what electrical and sewer are on the east side of the lot right in this area. The sewer connection, I believe, was towards the batic, if I remember right, or there was a a round plug in the ground anyway. White cap back there. This is just looking towards the towards the north. Again, this is looking from the lakeside south towards the south property line. This is a property line right here off of their deck going down to the lake. This is looking off to the southeast here. And this would be the east side of the lot looking back here from the south looking towards the lake. Just showing where that 8ft setback is. And this is

at the south end where the about where the end of the proposed garage would be according to their site plan. Roughly this is on the south end here. And this is just looking back towards the towards the lake. This is where the rural water pit is right over in this area. And this is just looking back from the dock uh up towards the elevation of the lake. Seventh this is seventh street right in this area right here where all the the trees and brush are. This is the steps going up to their property right here. And that's all that I have. And the applicant is here this evening.

Thank you, Richard. uh you want to come forth and sit down, make sure the green lights on and clearly state your name into the mic.

It's on clear to say your name. Um, one thing that since we've gone an extra 30 days in this process, we have redrawn the cabin, moving the garage back in line with the cabin. So, the only thing that would be on the property line would be the the porch. We haven't built anything. We haven't ordered anything. We're just trying to make all this work out. So, if you go back to the drawing of the building, otherwise nothing is changing. We're just asking to come out on the porch. We'll push the garage back in in line with the building. So, right there across would stay straight. So, it' be a straight line from here over to Correct.

Okay. Yep. So, that would actually move your Yeah. your setback would actually be 12 feet then to the edge of the garage and 8 feet to the edge of your open porch or anything. Would you extend that farther any farther than what it is now? Your open porch or your deck wrap around?

We'd like to extend it to the property line at the porch. It's the entrance and we'd like we'd like to obviously it's up to you guys to decide that if we can go to the property line. We maintain that area. Um we've had this property for 12 years. The previous owner maintained that property. The previous owner maintained that property, mowed it and kept it. It's always been part of the yard in that lot. This public access has never been used. And I've been around that lake since the early 60s. My grandfather's cabin was just down the street and my wife's parents' cabin was just down the street the other direction. Are there any additional questions for members of the board at this time?

I got a question for Richard. What how wide is the road access? This there's a 25 foot setback from the road. Yes, the 20 on a corner lot you have 25 ft from the right away from the road back to the edge of your property to the edge of the building structure. So, how wide is the actual strip of land that the road is on? That the road is on there. I don't know if I have the plaid on this file here. It's always been referred to as 60 feet. 60 feet.

60 feet. There was there 60 foot lots. The idea was that you would sell off 50 foot lots going back and everybody would have access to go from their 50ft lot down to the to the water on the public side. Um it didn't work. Everybody pretty much bought the whole thing except where her my wife's parents the ABR built back there and public access was then closed down by the water. The two lots at the very edge. They were closed off and a fence built across them at some point about 30 years ago.

Yeah. And the real water pit is yours and your neighbor's pit. No, just ours. Just your pit. Just our pit. And that was placed in the in that yard area to the west of the house. Have you checked on getting that right away vacated? I have asked about it and I've been told repeatedly, don't even try. It's Mr. Chairman, if I could. Yes. state law prohibits that there's a certain date that you cannot close access to any lake anymore and that's that's even where it can't be used. No,

I have that noted in the findings of facts a codified law that pertains to this particular one. That sure would be a simple solution.

Sure would be more tax dollars too. But I'm okay just coming to the property line and I'll continue to take care of it. We've carried the dead trees out. We've cleaned up the dead branches. We mow the grass. I you can see on the pictures that Richard had down at the water. I built the retaining wall over onto that property so it would not erode into the lake. Um the cement blocks. We put all that in, pushed the rocks up on the one side. And

so just so that I'm clear here, you're you're wanting to go to to the the property line, which is is how far off the center of the road then, Richard? Well, this would be off it'd be 32 30 feet off the center of that seventh street. Okay. So, that's the be the same as the west property line of his property. Okay. But now you said earlier you've changed this back. So you want to keep which this this house the house with the porch would be eight feet from the property line the way it is drawn on here.

The overhang would go off into that 8 ft as you said that was okay. Yes. That's 8 ft is still on your property. Right. Right. But when they're going up to the corner lot on the street, we can't have any overhang over to that hanging over the street. Right. So, you're going to you're asking to be 8 ft all the way along here for the front of your porch. And then the it would go back. It would be 12 feet to the front of your garage from the property line. Right. We're asking to take the porch with the overhang to the property line. So, nothing hangs over into the public access.

Right. Okay. So, you're shifting the whole house farther to the west then. Just changing the structure a little bit. We're not going to go towards the neighbors. That's that'll stay the 8 ft that it has to be. Yep. As we rearrange the garage, we have to rearrange the walls slightly to put all that together

to bring it back into meeting the need. All right. So, just so we get this straight. Originally, we had asked for zero foot setback on the garage, which that left your house at 12 foot. You were having a 4ft walkway, which dropped that setback down to 8 ft from the property line. So, that's what the variance that's what you're asking the variance to be for now is 4T from the property line for your porch. And And can I change that here?

Yeah, it's up to the board. Yes, we can we can negotiate back and forth here, but yeah, it's I've never sat here before, so Yep. You know, it's we you know, we negotiate things and and hopefully come to a conclusion and at that. So, we take amendment to um a motion to amend the motion to from what it is at a zero setback to a 8-foot setback.

Right. Does does the board follow what we're doing here? We need a motion to amend the mo amend the motion to an 8ft setback for the variance from the west property line. So moved. Okay. Someone needs to make the motion. I didn't make it. I got you have to you have to say what he said. Oh, okay. So, we're going to move the set back to 8 feet instead of zero. Correct.

Make a motion then to amend the application to have an 8 foot setback instead of a zero. Is there a second? I'll second it. Second, mice vote. Yes. All in favor? I I motion passes. So then what's the next step? Well, we're not done yet. We're not done yet. Okay, we have more steps to go through. This is just getting the your variance now at 8 ft versus zero feet. So

So 8t versus 0 feet, but you want your overhang over there the whole way at 8 foot the whole way. No, just on the on the porch. Just on the porch. Just on the porch. Okay. The overhang will still be on his property. Yep. Yep. Clear as mud. Everybody good with that on? Okay. Moving on from that. Is there any additional questions from members of the board at this time?

Well, I'll make a comment. This is something we normally don't do. I don't know how many years I've been on his board and we've had people come and ask for zero setbacks. We have never ever granted one that I remember. But we've never had a situation like this where there's nothing there. Yeah. And I don't see a problem with it as long as there's nothing there and there would never be anything there and you can't get it vacated. So personally I don't see a problem with it. Who is responsible for this piece of property? Is it state of South Dakota? No.

Game Fish and Parks. Nope. It is the PR whoever platted the property at that time. It's like with any plat today. It's the they grant that for public access. And if they do not designate a road authority or homeowners association, it's whoseever wants to maintain it. But it's up to maintain it is kind of the key word there. So somebody can't come with their boat and say, "I want to get my boat down to the water. I'm going through." They could. It's public. It designated as a public access. Okay. But they they'd have to cut all the trees down to get down there with it. Y

it's a strange one. Yep. It goes back. That's what the when the owner of the property deeded that off, platted that off. It's like any private roads or developments on roads today. There's very few later ones of the Lake Park district. It's deed off for public access for the owners or the occupants of that development. The reason I'm asking on Lake Hendricks, there are lake accesses that are on the t end of the township roads that actually if the lake was dry, you are I believe you are allowed to drive through. Yes. If it's on a section line, then that is a dedicated state access. That's got nothing to do with this. Has nothing to do with this because it's not on a section line. Yep.

I'm glad you asked that. But this was in 1922. This was plattered in 1922. Thank you. Okay. Are there any other comments or questions from members of the board at this time? You want to go back to your seat for a second? Yep.

I'll probably have you back up here. I just got to keep moving on. Being no questions for board at this time, we'll move to the public hearing portion. Is there anybody in the audience that is for this? Seeing and hearing none, is there anybody in the audience that is opposed to this? Seeing in hearing none, I'll now close the public hearing portion. Move back to the board for additional comments or questions. So we've moved a zero setback to an 8 foot setback and it's obviously an extenduating circumstance. So uh any other questions? Well, I would think that if anybody ever came in and said, "Well, you did it there. You got to do it for me, too." that this has extenduating circumstances that are not anywhere else.

The only other place that this could happen is on a public access like that. Yeah. And it would almost have to be a public access. It's not usable. Yeah. Yeah. Could could do the same thing. Yeah. Yeah. But the fact that it's a not not a usable access. I mean, I could carry a canoe through there, I guess, if I can get it through the trees, but I'll foresee you doing that. Not happening.

And then each variance is on a case-byase basis because we granted one for somebody does not automatically mean we're going to you're going to grant it for somebody else. They need to have a hardship for each case. That being said, with no other additional questions at this point, then everybody's good. Richard, would you read the findings of facts? Yes. Brooking Brookings County zoning variance 2025 variant 002. An application for variance having been filed with the Brookings County Zoning Commission acting as a Brookings County Board of Adjustment. Copy of the application being attached here too. Such application being made by Joel Williams regarding the following real property. Parcels one, two, three, and four in lot 10 in subdivision and replplat of Lake Ponet Heights in section 5, Township 112 North, Range 52 West, Lakeon Township located at 152 South Lake Drive, Arlington, South Dakota 57212. After due notice of public hearing haven't been held on the application on the 7th day of October, 2025. Number one, the Brookings County Board of Adjustment hereby finding that the strict application of the Brookings County Zoning Ordinance would produce undue hardship that such hardship was not shared generally by other properties in the same zoning district in the same vicinity. That the authorization of such variance will not be substantial detrimental to adjacent property and the character of the district will not be changed by the granting of the variance. that the granting of such variance is based upon reasons of demonstrable and exceptional hardship as distinguished from variations for the purpose of convenient convenience, profit, and caprice. Number two, the Brookings County Board of Adjustment further finding that the condition or situation of the property concerned or the intended use of the property is not so general of nature or recurring in nature as to make reasonable practicable the formulation of a general regulation to

be adopted as an amendment to amendment to the zoning ordinance. Number three, the Perkins County Board of Adjustment, further finding that the written application of the petitioner demonstrates that special conditions and circumstances exist which are procured to the land, structure, or buildings in the same district. that literal interpretations of the provisions of the Brookings County Zoning Ordinance would deprive the applicant the rights commonly enjoyed by other properties in the same district under the terms of this ordinance, that the special conditions and circumstances do not result from the actions of the applicant, and that the granting of the variance requested will not confer on the applicant any special privilege as denied by other by the ordinance to other land, structures, or buildings in the same district. Number four, the Brookings County Board of Adjustment, further finding that the reasons set forth in the application justify the granting of their variance and that the variance is a minimum variance that will make p make possible the reasonable use of the land, building or structure. That granting the variance will be in harmony with the general purpose and the intent of the Brookings County zoning ordinance and will not be injurous to the neighborhood or otherwise detrimental to the public welfare. Number five, the Brookings County Board of Adjustment further determines and condition this variance upon the following special conditions or safeguards. A Lake Ponet Heights was platted on June 30th, 1922. Seventh Street was platted for lake access at that time and is not maintained by a road authority. Seventh Street currently has mature trees, bushes, and grass growing on it with the north end being a steep grade drop off going to the lake with bushes and trees growing on the drop off making it making it not usable for lake access. Seventh Street may not be vacated per South Dakota codified law 31-3-6.1 B. Seventh Street has a rural water line across it and a meter pit located in the center of it. C. Electrical and sewer utilities are

located on the east side of the existing house. The Brookings County Board of Adjustment by twothirds vote of its full membership hereby grants the above petitioner variance for the above drill property as follows. All right. build a new residence with an attached garage 2B 8t from the west property line should be a variance of 17 ft and the rest of the house with an attached now let's see did I do that right here with an attached covered porch should be 8 feet from the rest okay we're going to take this part Cuz that garage is no longer there. Okay. Build a new residence with an attached garage with an attached covered porch to be 8 ft from the rest property line, a variance of 17 ft. No portion of the structure may project over or overhang upon Seventh Street and um gutters to be installed for water from the roof to be drained onto the applicant's property. This variance is specifically conditioned upon initial and continued compliance with all the conditions and safeguards and five above and upon compliance with all applicable provisions of the Brookings County zoning ordinance. If approved, the Brookings Countyy's zoning director is

authorized to issue any required building permits for construction consistent with the terms of this variance. If this variance is not used within 3 years of the date granted, it shall be invalid dated the 7th day of October. Are there any additions or corrections to the findings facts? Just a question here. He was asking for the for the porch to go up to the property line. So the structure is all we care about being eight feet from the property line. No, it would be the porch should be eight feet from the property line. Okay.

So on the one line it should be zero feet. The garage would be 8 feet, but the by seventh street it would be zero feet. Well, that's not what I asked everybody and what we made the motion on. I said the motion would be 8 from zero set back to an 8ft set back for the front porch. Then the garage is going to be back even with the house that 12 ft from the property line. So then it would it's a 4ft covered porch. It's actually okay. You'll have to come back up to

come back up. In moving the garage back to in line with the house that would have the setback, we'd like to bring the porch out to the property line. So, the overhang went right to the property line. The porch would finish short of it by several feet, but the overhang would come right to the property line. So, is the garage is on the south side of the property and the and you're talking about the porch being on the west side of the property,

right? The garage doors are on the west side, but the this is how I stated it. This would go straight all across here, right? Which your house is at 12 feet from the property line. I said the porch would come out four feet, which that decreases your variance. It says four feet on here if I read it right. I understand. But the garage on there is different too, right? Okay. So, we we we had too much time to think about this. So, we've tried to make things better for the variance. Just the porch roof coming out. So, we entrance to the house has a porch over it that's 8 ft wide.

So, that's going to go all when I asked that too. If this porch was going to continue on continue on to the end of the to the end of the house. No. No. The garage doors will be there. Okay. How about going north? How how far north will the will the porch line go? All the way to the end just like it is here. All the way to the No, just to the about the halfway point in the house from that side. There'll be sidewalk there, but not covered. But you want the roof to go come out to the property all the way to the north. No, just over the porch. Just how wide of area would that be then? Roughly the variance. No. How wide would the porch be? The it would

roughly it's going to be an 8ft slab and two feet of of overhang off the off the front of it coming toward the property line. Coming towards the property line. And how wide going north and south? North and south. It's going to run Oh, I'm sorry. Back out to the front of the house and then across the front of the house. It would run all the way to the north end of your house, right? Just like it's drawn here. Okay. This is going to be a s a cement slab, not a wood deck. It would be cement. Okay. Are you going to ask support post from the roof holding holding the roof up? poured a a support post,

right? Holding that that overhang up. Correct. Okay. That's that's where we need to get that variance distance from the is where that support post is going to be 8 ft out from the house 2T shy of the property line. Okay.

Okay. Okay, got it. So, how how did our amendment get made to the motion that we voted on? The amendment to the motion got made to change it from a zero foot setback to an 8ft set back, but now we need to amend the to go from an 8ft to a twoft unless Okay, there's one question here. You were saying you're going to go 8 feet from the property line. So, right now the house is sitting at 12 feet back from the line. So, we lost two feet somewhere because it would be four feet from the property line then for your overhang, right?

Well, I'm just seeing if you look right there, it's 12 feet where the in the pink writing there's a 12T. Is that right? And then 4 foot for the porch. 12 minus 4 is eight. Yep. Yep. That's where I came with the eight foot setback right here. Yep. Yep. Which is which is good. Now he wants That's an eight foot covered porch there. I'd like it to be an 8ft covered porch. There's four more feet. So now we're out to 8t of that 12. So there's four feet left. Okay. Correct. Okay. And you want the roof line to come out two more feet

to the as long as it does not go over onto the property or or onto it cannot still be 2 feet short of the property line where the edge of the roof line would be if you have a twoft overhang past an 8ft deck. Does that make sense? Yep. So then we need to amend the amendment back to change it to So what do you do you consider it the post or the edge of the overhang? The post post but the structure could the overhang cannot go over the property line.

Right. But you can have one closer to it without being counted as part of your variance. No, the post is counted as the variance. That is the edge of the house. That is the edge of the variance is where that post goes. But if the if the overhang is 2 feet past that post, that doesn't matter. That doesn't matter. But it just cannot extend over onto his neighbor's property or onto Seventh Street. Okay. Which it won't. It'll be you'll have two feet there left. Right. Y if it was a two-ft overhang, you'd have two feet left. Yeah. It's just a point of clarification that on the other side if we're 8 feet off the neighbor's property, the overhang can go into that 8t as well. Yes. The twoft overhang. Right.

Okay. Just that I cannot go onto your neighbors can't extend over onto your neighbor's property. Right. Basically, we could leave it as it sits and they'd just have to engineer. So, your post would be at the eight foot and your overhang would be 4 foot. I don't know how much pitch you've got on your porch. It's it's going to slope down. But how how much your 312 about? It'll probably be about a 412 pitch off that side of the house. So, they're and with 8 by8 post.

Oh, they're going to be most likely just a 6x6 post. So, I mean, even a 6x6 post, if you left them at the 8 foot and had 4 foot overhang, you'd still accomplish what you're going for. Yes. You just have to lvl or something in there to support it. It just we can leave it the way it is. You would have a wider overhang. It's 4 foot instead of two foot. That would work. The post would be four two feet back. Yeah. Into your patio, into your porch area. And then that would And you're not This would be an open. It would You're not enclosing it. No, it's not enclosed. Not enclosed. So, it's just a walkway covered walkway going to the

entrance to the house. Yep. To the house. Then going back to the towards the lake. I'm going to be the guy swinging the hammer. So, the post will be the at the property line. Correct. No post will be 4T. You're not going to move the the house. If we leave it the way it sits, the post will be 8 foot from the property line. And you'll just have to have it so that it's in carry the weight. Right. But okay. So then we're going to still sit off the property line 12T. Correct. With the with the structure. Yep. Then your posts will sit out 4 foot from that. Yep. Or six foot from that, I guess. Okay. I think I'm following now. Yep.

You would only have a 4ft walkway between your posts and your house wall. If we don't change anything, which is enough, right? Well, there I mean, is there an objection to going to a a tighter variance on that post to the property line? Well, that's what we need to decide. You need to decide. That's because I mean, as it's written right now, you're 4 foot out to the post. If if we got to retype something in here to try and

just for simplicity of the build, if we went to uh if you were able to get a zero foot set back on that post, your overhang is still two foot over this. We're going to hang over two foot on the property line, then you put a whole 8ft set back on the entire you can't hang over the property line. Period. Can't So you can't hang over the property line at all? Nope. So then if you go to a 10-ft setback, 8 foot on the post, two foot for the overhang, then that makes the math correct. Yeah. Hold on. No. Then we'd be on a two foot set back. We'd have to change the and you'd have to have a two a two foot set back on that post because then our overhang would come right to the property line. Yep.

Which I think is what they're after. That's where we're headed. Okay. I'm going to make it simple. I move that we amend the amendment and allow for a two-foot setback off the property line for the post. Is there a second? And that's and that's where your overhang has to set and go over two feet up to it, but you have to you have to have gutter along there. You cannot run water onto the onto Seventh Street. Right. I'll second that amendment. Motion by Vanderval, second by Jordan B. All in favor? I amendment to the amendment to move it back to a two foot. Two foot, right? Passes. So now you will have

you can make your porch wider if you would like. Your post can be at two foot and overhang can't go over the property line and we just can't dump water onto that public seven street essentially. You just have to manage the water north or south. Yep. Can't go west with it. Yep. You're going to have to be 6 in short with the overhang. Yeah. To You're going to have to count for gutters. Yeah. You're have to count for all that.

All right. This going to change to two. Okay. Build a new resin with an attached garage with an attached covered porch support post to be 2 feet from the west property line variance of 23 feet.

Yep. No portion of the structure may project over or overhang Seventh Street and gutters to be installed to run water from the roof from water from the roof to be drained onto the applicant's property. Correct. We're all on the same page. Board applicant. Okay. Now, are there any additions or corrections to the findings of facts? Mr. Chair, I find that this application meets the requirements of the zoning ordinance as long as the findings of the facts are followed. So, I concur with the findings of the facts.

Thank you, Mr. Pollson. That being said, Richard, would you call the vote? Kelly Vanderwal, I. Tim Pollson, hi. Cody Clark, hi. Daryl Klein John. Hi. Kyle Vanderwal. Hi. Mark Droinby. Hi. Neil Troyan. Yes. Justin degen. Yes. Chad Ford. Hi. Motion passes. Thank you. We'll send you a copy of your application and the findings of the facts in the mail and you can come in tomorrow and get your building permit if you're ready or whenever you're ready to

within three years. need to get the drawings completed and ready to go. Yep. Perfect. Thank you very much. As long as you do it within three years. Thank you. Thank you. Moving on. Department reports.

Yes, Mr. Chairman. Today, the county commission once again thanks to zoning board for the the actions that you did or were due for us. And the the biggest thing that came out of the ME commission meeting today was we would like the public to be aware it is harvest time and to be careful when trying to pass farm equipment. The um the farm equipment's not getting any smaller and the public's just going to have to I noticed I left the house this morning at 7 and it was dark and I came down here right at 8:00 and it's pitch dark. So, um, you guys are are living in dangerous times, but, uh, you do a great job and the county commission appreciates what you're doing for us. Richard, you got anything? Am I forgetting?

Uh, nope. Next month the meetings start go back to 700 p.m. So, we start an hour earlier. November through March. So, and there's no need for executive session, sir. No need for executive session. Is there a motion to adjurnn? So moved. Motion by Kelly Vanderwell. Second. I'll second it. Second by clerk. All in favor? I. Meeting adjourned. That was about 10 minutes more confusing than it needed to be, didn't I?