Board of Adjustment - Regular Meeting

Okay, good evening everyone. Um, I'm Mike Mooney, the vice chairman. I'll be conducting the meeting tonight in um, Gary Seabbert's absence. At this time, I'd like to call to order the city of Fenton Board of Adjustment meeting for June 17, 2025. All please stand. Face the flag for the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Okay, we have uh some folks on Zoom. Can everyone hear okay, hear me? Okay. I can hear fine. Okay. Thank you. So, um, the next item on our agenda is the oath of office. We have one new member, Ralph Crutz. I understand he was already given the oath of office. So, yes, I just like to say welcome, Ralph. Thank you, sir. Thank you for your service to the city. Okay. Um, may we have a roll call, please? Vice Chairperson Mooney present. Member Phillips, member Clauss, member Phillips Pig here. Alternate member Crutz here. We have five for a quorum. Okay. Um, and now introduction of city officials. We have Aaron Steele, our city attorney, who's on Zoom. Uh we have a Amy Stark, our community development director who's uh in the um courtroom,

and Sue Moody, our court reporter, who is also on Zoom. Are there any other city officials online or present? Alderwoman Robin Hills is on Zoom as well. Okay, very good. Thank you. Okay. Um, I can't see the into the audience very well. Do we have anyone in the audience? No, no, we don't have a petitioner tonight. No petitioner. Okay. And there's no one in the audience, I assume, as well. So, um, the next item, um, is election of chairperson and vice chairperson. So, um due to um Gary's absence um and um several people on Zoom, I um I'd like to present that we postpone that election until the uh next meeting. And that that is something we can discuss. We could have it or we could postpone it. That would have to be um uh a motion by the board to um to move it to another date to the next uh meeting. I'm not sure what anyone's thoughts are on that. If they'd like to discuss it, certainly can. Um no discussion. Um, could I have a motion to um postpone the election to the next meeting? I don't think he can see you. Can't hear. I would make that motion. Okay, we have a a motion. Do we have a

second? I'll second. Okay, we have a second. May we have a um roll call vote? Yes. Uh member Clauss I. Member Phillips I. Vice Chairperson Mooney I. Member Phillips Pig I. Alternate member Crutz I. Motion approved. Okay. Very good. Thank you. Um city attorney statements. Aaron. Yes. Thank you. The proceeding in tonight's meeting will be recorded by a court reporter for future transcription if needed. All speakers will be sworn in before speaking, although that will just be Amy tonight. Please remember to speak directly into the microphone in a clear voice and only address the board at all times. No discussion between parties will be permitted as a court reporter will not be able to accurately transcribe multiple persons talking at once. And I will also add for these, she will not be able to transcribe if she cannot hear you. So, please talk into the microphone. And I know it's really hard. Um I always turn my head and then so try not to. Um this city code, all ordinances and the notice for tonight's public hearing are present for review and made part of the official record. For each petition, the applicable application with all submitted attachment, the city's official denial of the permit request and the staff report are all also available for review and made part of the official record. Each applicant is reminded that the burden of proof of the necessity for the variance is on him or her. A variance is granted to relieve unnecessary hardship or practical difficulty in the way of carrying out the strict letter of the municipal code as determined from the facts presented and is not to be construed to be setting a precedent for future variance requests. The board will only consider the nature and conditions of the property and whether those factors mandate a variance. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the community development director. Approval is subject to written acceptance of the terms herein by the petitioner within 30 days after receipt of the written notice

of approval from the city of Fenton. Board members may ask to questions to clarify the facts presented. The applicant may request a continuance at any time during the hearing prior to the call for the vote to bring in additional documentation. The board may also request a continuence to gather additional information or to further visit the site. And that's all I have. Very good. Thank you. Um, since we have no persons uh in the audience or petitioning, there won't be a need for oath testimony. Um, old business have to take the oath if she is giving any testimony tonight. Oh, I'm sorry. I'm sorry. Sorry. I could have done that from my seat. I don't know why I came up here. Uh Amy Stark, community development director. Okay. Amy, do you swear that the information you will share here before this board tonight is the truth, the whole truth to the best of your knowledge? I do. Thank you. All right. Thank you everyone. Um old business. I'm not I wasn't aware that this petitioner wasn't present. Um so is this petition withdrawn or is that uh what's the status of this petition? No, the petition is not withdrawn. Um the case is case uh 2025V-01- a petition by Mark Doring of Doring Engineering Incorporated on behalf of Watson Home Properties LLC for the following variances from the zoning code at 690 South Highway Drive for the purpose of a boundary adjustment plat new lots. Number one, section 415190E4

to reduce the minimum required lot size. and two section 430340 A5A3 to allow an existing billboard to be located a distance closer than 150% of the height of the billboard to the adjusted lot line. The property is zoned HP1 Hospitality Park District. Um there is no petitioner um in attendance tonight and I believe Aaron, do we then need to continue the case in order to give the petitioner his right to uh due process? I mean I guess I would want to hear the facts of how much uh notice you've given him on the hearing and all of that and then it is up to the board. I mean the safest course is always to continue it because they are not here. Um and it is resticata. They cannot come um they can't come back once we render the decision and say oh you know rehear it I'm sorry I I got in a car accident. Um so that's a risk of the board of adjustment going forward is they cannot it is considered a court proceeding. So once you make your decision, it is a final decision unless you overturn yourself, but that's very complicated. Um, so that would be that would the only concern which would be the safest course would be to continue it. But I don't know, Amy, did you I assume I did reach out to um the the petitioner um uh on two separate occasions, the petitioner and the property owner um to let them know the deadline um that I would need any new information submitted in order to um get a staff memo and the information to the commission and reminded them that they uh have the ability to withdraw the petition and uh um reapply at another time if if they didn't have any information available. And then I did send them an a a petitioner's reminder email. Um both of these were in writing um and did not receive any um notice from the petitioner that they would not be in attendance. Okay. My my thoughts on this is since

they haven't been responsive that they can reapply. Um I hate to carry it on old business if they're not going to be responsive. That's that's my two cents. Well, the one clarification I will say to that is they cannot reapply it once you decide for the exact same thing. It is called res judicata. You can't go to the judge over and over again for the exact same thing. And so since you guys are considered judges, once you make a ruling, it is final. They actually cannot reapply for the same thing. Now, they can change their application a little bit. If facts change, then they could. But if they're just like, "Oh, I missed the meeting. I'm going to reapply." They cannot do that. So, I just want to make sure you do understand that. That's why there is some risk of them at least challenging you and then we put on the evidence say, "Oh, we gave you notice." You know, all of that. Um, sure. Any any comments from the board? Um, how many times has this been continued? Uh this was first heard by the uh board in March. It was continued in April and May. April and May. So this would be number three. This would be the third time it's continued. Amy, did you say that uh you didn't even hear from them today? That you didn't know they were not showing up tonight? That's correct. They did not uh let me know that they would not be in attendance tonight. Did I put two sens? Uh, first of all, me being brand new, I'm eligible for lots of mistakes. But to me, uh, I was trying to find out what kind of hardship this guy's in. He bought bought the property two, three

years ago, whatever. He knew what what he had at that time and so on. And uh I was looking forward to questioning him exactly what is the problem, you know, why are you doing it this way or whatever. Um to me, I think he should have showed up. I I I definitely think that uh that's inconsiderate of all of our times and so one too. Granted, it's not a lot of time, but it's enough. Uh, I I wouldn't think it should be continued. I think it should be just I agree with that cuz if they if they're that inconsiderate to just not show up, no call, no show, you know, too bad. Amy, have you had any problems in the past with them responding through the methods that you have tried to contact them? No, they've always been responsive to my emails. Okay. Do we think that maybe there's a legitimate reason they didn't show up besides just three times? Oh, no. They extended before. Correct. This is our show. Okay. So, they extended. They did ask to continue in April and in May. that the request to continue came from in April and May came from the petitioner. It would be my opinion and not that I think they deserve it, but I think we need to at least one more time exercise due diligence to try to get hold of them. Maybe send them a registered

letter and have try to communicate in a different way. Okay. Um I'm hearing um some um disscent which is understandable, but I almost feel like u you know it's uh this property it would be awesome if it was developed. Uh, I would like it if if we continue it and and they don't show up again, that's pretty much going to tell the story that they don't they're not interested in in um, you know, providing any uh, reasons for a variance at this time. So, I I wouldn't I understand that the disscent I have it too, but I I think uh, contin continuing for one more period wouldn't wouldn't hurt anything. So, um, with that, if I if we could have if we're done with discussion, if we could have a a motion to either continue or to, um, to not continue. Um, could I ask for clarification on something? Absolutely. You did mention that you would like to see something developed on this property, and uh, I agree with that. you know, I would like to see something developed, but it's my understanding that they can develop on it right now because there's nothing stopping them from as long as they don't change the property that's there. The size doesn't matter as much. Uh so they can do ahead go ahead and develop it right now um without the variance. But again, I'm I'm just sitting there thinking that's that would have been a great thing on he would have showed up

this time about saying why is he doing it? Why why is the problem? I see no problem right now. That's it. Could we have um any um further explanation on that? I mean, it's my understanding we have two non-conforming lots and a non-conforming billboard, so they there could not be any development take place. Is that That's not correct. Yeah. And you you I don't know if you were at the previous meeting that was put on the record that there was actually a previous application for development on that property that was approved. It just didn't go forward. Um but there is absolute proof because of that that there can be development on the property without the need of variances. Okay. Okay. Amy, can if when when you send that correspondence, if if it is decided that we send give them one more chance and you send that correspondence, can we note that if you choose not to show up, then the the board will meet and make a decision? Absolutely. Yes, we can do that. Mhm. Amy, I I was under the impression, and I could be wrong here, that when when this first started, I didn't think that they had actually bought the property yet, that they were I thought they were thinking about buying. No, they own the the the property owner, the current property owner has owned the property, I think, for a couple of years. I think they were looking to do the boundary adjustment to sell one of the lots. Oh, and they want to sell the lot that the sign is on. No, they wanted to sell the lot where the restaurant is. The one what would be one acre and Yeah. and maintain the the lot with the um So they would be collecting revenue off of the sign for Reverend Ever. And then they and then they would sell the property also.

Is that correct? They they could they could sell the property. They could uh retain both properties. Yeah, it okay. Um I might need some help with the rules of order here. So we have um open the floor to a motion to either continue or not. Would that be correct? Yeah, we just need a motion. Um I make a motion to continue. Okay. Do we have a second? I'll second. Can we have a second? Can we have a roll call vote, please? Sure. Sure. And I just want to clarify that that you would like staff to to draft an um another correspondence letting them know that it's been continued, but if they don't withdraw that the board will will hear the case and make a decision whether they Yeah. I would suggest that you send them an other email and then also send both of them a registered letter that has to be signed for so we know they actually got it in their hands. You bet. And that'll be continued one month till next month. Is that what we're doing? Yes, it'll be continued to the next meeting. Okay. Okay. We have a motion on the floor. Can we um have a vote, please? Member Phillips Fig. I. Member Claus. I. Vice Chairperson Mooney. I member Phillips. Nay. Alternate member crutz. I for one more month. Okay, that's uh four eyes, one nay. The motion passes.

Okay, moving along to the next item on the agenda, new business. There is none. Um, may we have a motion to approve the minutes of the May 2025 meeting. I would make a motion if there's not any additions or corrections that we accept the minutes as written. Do we have a second? I'll second. No, you're have a second. I'll second. Okay. Okay. Thank you. Can we have a a vote, please? Member Clauss. I. Member Phillips. I vice chairperson Mooney. I member Phillips Pig. I alternate member KZ. Um I sustain abstain. Sure. Uh four eyes, one abstension. Motion passes. Okay. Last item is other business. We have none. So um can we have a motion to adjurnn? I would make a motion to adjurnn. Do we have a second? Second. We have a roll call vote, please. Member Claus. Hi. Member Phillips Pig. Hi. Vice Chairperson Mooney. Hi. Member Phillips. Hi. Alter member Kutz. Hi. We are adjourned. Thank you everyone. Thank you. Thank you for making this easy. I will see you in person. Glad it turned out well. Yes, for sure. I'll see you in person next month. Thanks. Okay. Bye.