Zoning Board of Appeals - Regular Meeting

Okay. [clears throat] The November 12th, 2025 meeting of the zoning board of appeals for the city of Bowling Green is now in session. Will the secret secretary please call the role? Oh, I'm sorry. I was wondering who that guy was. Jerry Henderson here. Julie Broadwell here. Jeff Crawford here. Tim Emer here. David Fleger here. Jay Sachman here. Rod Noble absent.

All right. The first order of business is the approval of the minutes from the September 10th, 2025 meeting of the ZBA as previously circulated. Are there any additions or corrections to the minutes? Hearing none. Is there a motion to approve the minutes? So moved. Who won? Jerry Anderson. Motion to approve the minutes. Seconded by. Seconded. Second by Mr. Fluger. All right. All those in favor say I. I. All those opposed say nay.

All right. The minutes are approved as presented. All right. We are here tonight in order for this board to determine whether strict application of the code would create practical difficulties sufficient enough to warrant the granting of a variance. The applicant in his or her application and in testimony this evening must present credible evidence appropriately addressing the criteria included in section 150.107 of the zoning code that may be relevant to their case. The board will consider the same criteria in making its determination. All applicants have acknowledged that they have reviewed those criteria. Appeals of the decisions by the board may be made to the Wood County Court of Common please. All right. The way we proceed is I will read the variance request. The city planning director will then give an overview of the request and applicable law. Uh then the applicant will be invited to present credible evidence citing reasons why strict application of the zoning code will result in practical difficulties as previously explained followed by questions from the board. That will be followed by testimonies from any persons withstanding wishing to support or oppose the request with statements of fact as previously explained. If you have not already, please sign in at the book located by the door. And at the conclusion of the hearing you're present for, you're free to leave. You do not have to say uh till the end of the meeting. At this time, if you plan to or think you may choose to testify in any of the cases before the board this evening, please stand and raise your right hand. I do solemnly swear that the testimony I give in these matters will be the truth, the whole truth, and nothing but the truth.

Yes. Yep. [clears throat]

All right. Our first request [clears throat] from Brandon Flick, [snorts] 887 West Worster Street, has requested a variance to allow a 13 ftx 21 ft expansion of the existing legal nonconforming front parking area, which would be in a location that does not conform to section 150.72 off- streetet parking. A parking pad is allowed in the side yard or rear yard. Okay, so just to give some technical information here first off. So under six section 150.72 off street parking is a location off off the street parking um off street parking and its associated parking structures including garages, parking lots, parking pads, and vehicular accessways may not occur in a front yard. And then number three, we're serving a one unit or two-unit dwelling use. A driveway may not exceed a width of 20 feet or the width of a garage to which it leads, whichever is greater. [snorts] And then section 150.86, extension of non-conforming uses. No building or premises containing a non-conforming use shall hereafter be extended unless such extension shall conform to the provisions of the zoning code or district in which it is located and such extension is approved by the zoning board of appeals is set forth in section 150.105 105 um 150.90 strengthening and restoring permitted structures and pavement areas. Letter D. Uh if asphalt, concrete, other similar paving material, a non-conforming off- streetet parking area may be reconstructed with pre-approval from the city of Bowling Green Plane Department provided that the reconstruction does not expand or relocate the non-conforming portion of the off-

streetet parking area. [clears throat] So, we'll go through some images here, but this is what I just read. And this is an image showing uh off streetet parking, what is permitted, what is not not permitted. A parking pad is considered a side parking pad if it is located in the sideyard. A parking pad is considered a rear parking pad if it is located in the rear yard. of the non-conformities that I just mentioned. This is an aerial image of the property. Well, yeah, satellite image. More aerial images. And actually in this image, you can see quite well the uh portion of the driveway that juts outwards and that is the portion that they want to extend off of. There is a front street image of the property. You can also see the side portion that they want to extend to the side of their property. This is what the home looked like prior to. [clears throat] This is the area that they would like to pave. [clears throat] And this is the site plan that was submitted um by Mr. flick showing the areas that they would like to uh pave and what is existing and that is all those and we did receive one letter and that is from a Mr. Tim Heep and he is in favor and okay with um Brandon performing having this work performed. Um, an advertisement was placed in the newspaper of general circulation as required at least 5 days prior to the hearing. A site notice was placed at the site. The other notices required by the administrative code were posted in the proper time and location. A letter was mailed first class mail to the tax

mailing address of the owner and adjoin property owners. Where where does Tim live or why why is I see he lives on Lynn, but why is he current to the situation? Um, You're welcome. The he lives next door is hold on before you do anything. We Yeah, we say your name and address. I'm sorry. Brandon Flick, 887 West Booster Street. And you confirmed that you did swear an oath tonight the church. Yes, I did. Yes, I did. I apologize. No, no problem.

Okay. Tim Heep. Uh he is the property owner next door. He doesn't live there. His parents lived there. Um, so he he owns a property right next to pretty much where this pad's going to go. Correct. Yes. Right. His parents live. His parents live there. Yes. Okay. That's he big uh Yeah. Okay. Good for me. Just want to explain that the board uh were just looking for why strict enforcement of the zoning code would create a difficult a difficulty. So that's just uh you know based on the criteria that we've already gone over. So if you'd like to explain uh the nature of your requests now.

Well, sorry for going out of No, no, no. Totally fine. Did you think shouting was appropriate? No. No.

So, um we live at 887. We've lived there for several years now. We're really trying to dress the property up since we got it. Um we love the old homes in the neighborhood. We try to keep everything as original as we can, but make it prettier. um with this driveway. I have a new driver 16. Um he's driving a Ram 1500. Uh so he needs a parking spot. And then I have another driver coming up next year who's going to be driving. It's difficult to back out of our driveway. Um Miss Broadwell saw the other day. She went by and saw the driveway. I'm sure she can attest to how it's long and curvy. Um, but to back out is difficult for an experienced driver, let alone a 16-year-old. Um, and with the neighbors having the big stone wall that goes down all West Worster, if you're familiar, uh, it makes it really hard to see if you're backing out. Very dangerous situation.

Currently, we have enough space to do a turnaround. It is very tight, but if I add another vehicle, that is not going to be possible. And there's there's a pretty good amount of traffic on the street there on Wooster Street. West Worster. Yeah. There's times I sit at the end of the driveway for five minutes trying to pull out. And I notice you're really close to the hospital as well. A lot of ambulance traffic. Ambulance, fire. Yeah. All the fire stations just down the street. Yes, sir. A lot of traffic with the fire truck also as well.

Yes, sir. Yep. Yeah. We we have to be very careful backing out. Like I said, the wall there, backing out, it's a guessing game. Um, you just kind of Jesus take the wheel and back up. So, uh, turning around is really the only option. Other than that, it's pulling it into the grass, which I've worked hard on my lawn. I'd really rather not do that, but if that's the only option, we'll have to do it. Um, so you think this would enhance the safety of your family and of the community? Absolutely. Yes. because then we could park on the side, we could turn around and nobody's backing into the road. Does anyone have any questions for the applicant?

Just just a comment along the side of the house, you proposed to put the paving all the way back what looks to be to the back of the the house itself. Yes, sir. Just along the garage there. Um, yeah, it'll be all the way to the very back of that garage. Correct. Yes. So you really couldn't put a pad back there without the ability to connect varants. Yeah. Yeah. Otherwise I'd be driving through my grass. To have it you have to put a pad in there. Yeah. That's kind of where I'm stuck. Yeah. It was a observation more than a question. So it doesn't make sense that you have to be able to do that to put a parking pad on the side of the house.

[clears throat] Seems like the whole thing comes down in that area in yellow, which is not very big at all. How close to the property line will this be though? The driveway. Mhm. It's going to be a foot inside of my fence and the fence is Can you go back to where it shows the two houses from that drawing between those two houses? Where's the property line? It's just on the other side of the fence. It's actually like up to their landscaping. Almost to their landscaping. Yes. So, it the driveway is going to go just about to that landscaping. Uh just inside of it. I have a better picture if you don't mind. Yeah, please. Because I was a little confused when I went and looked at it. Yeah.

Where are you going to put that? And I'm taking it. That fence line is the end of the garage back there. Correct, sir. Okay. That that was that's why I wanted to know who where Tim lived. Roger. because that's gonna be close to that house. Yours is gonna be about within a few foot. Yeah. So, yours is going to go up to the edge of where that where this fence line is the edge of that fence. That's inside of that. Just inside. Right in here. Yeah. How far is that from the house? From the neighbor's house. Yeah.

Probably like three foot guess. What's the setback from that? All pavement has to be about has to be 3 feet from the property line. 3 foot from the property line. Is that going to be within 3T of the property line? Mhm. I'll make sure. Yeah, it will be. Yeah, that's close. So, just to be clear, the plan here, it's 3 ft away from the property line. Yes, sir. Correct. Got [snorts] it. And that portion there, we're really only the variance request is just for the spot that's labeled F.

Mhm. The other portion is technically, you know, a by right use, but they're not connected. So it, you know, it does, you know, one would follow the other essentially. But to me, the the most paramount thing is public safety. And this to me, the positives way outweigh the negatives.

If if I may, I also have I went to all my neighbors, everyone across the street on both sides. I got signatures from all of them saying that they're they're okay with it. They understand. I went over the project with them. So,

I'd like to say that I think it's good that the neighbors right now approve it, but I I'm with David. When I came out to the house, it it does those people might not live there forever the whole time you live there. And it would seem like someone driving up you. It's so much drive. It will be so much driveway there right outside their windows. I mean that other picture that Chase had up um I mean three feet I don't know why they built their house so close to the I don't know like that that's a lot of drive when I was there cuz it's going to be all of this

and then right inside there you're right up I wouldn't like someone right outside my house like that. Um, well, the F is the part that Yeah, the but it's the grassy part. I mean, it's going to be all the way I know that F is the part we're talking about, but the end result's going to be parking is going to be up against that fence, right? Up against the fence. Yeah. So, it's going to be up really beside the house, the neighbor's house. Correct.

Yeah. Okay. But if I'm looking at this, the part that we're being asked to uh grant a variance goes back about as far as the front of the garage here. That sideyard that you're talking about, you don't even need to be here for that. Is that a correct statement?

Yeah. So, what we're looking at is section F, which the reason why we're here for this is because administratively we can approve a parking pad, right? But because that portion which is labeled B comes out so far and this is going up that's considered an a widening of the driveway which is outside of the 20 ft or the width of the garage. So this that area that's back there this would be west of your garage closest to their house isn't in question here is it? F is going off of the existing parking pad, the legal nonconforming area, if I follow this right, and going back basically to the west and and then back to about the front of your garage. Yeah. I I did notice the the curve of the drive. You do have

that space just doesn't get it done for you for turning around over there on the side. No, sir. Okay. And I and I I see I all of us know this house and appreciate what you've done with the house in one of his one of the great locations in town. Thank you. And you're doing nothing to come closer to Worster Street. Correct. Thank you. And it's really that the second child's going to be driving because right now the truck is there and you and your wife can back out. It's when you get the correct correct we get the next driver. There's not going to be any room and I there's no on street parking. Uh we've tried parking at the hospital a couple times and they chase you out. Yeah. So it's uh it's really the only option I got. So

does anyone have any other questions for the applicant? [clears throat] I think you can sit down. Is there anyone else here who would like to be heard on this matter today? All right. Hearing none, we'll go to discussion. Is there any points anyone would like to make? My my only concern is the proximity to that house, but to do the legally conforming beside the garage, he can do that anyway. To be able to get to it, we have to give him the piece of pavement to do it. But again, my concern is the closeness to the house, but there's it's legal.

I I feel exactly the same way. This this piece doesn't doesn't this small piece that he needs the variance for doesn't make or break this situation to me. It's I I have no problem approving this. D. All right. Does anyone want to make a motion to approve? I so moved. Second. All right. That Jeff Yes. Bring us back in. Yeah. All right, the secretary, we call the role for the vote. David Fagger, yes. Jay Sachman, yes. Tim Emer, yes. Jeff Crawford, yes.

Julie Broadwell, yes. Jerry Anderson, yes. All right, your variance uh has been approved. Uh check in with the planning department uh tomorrow. All right. Thank you very much, everybody. Thank you. Good luck with those young drivers. that second going to need it. We got three. [laughter]

All right. Our second agenda item, [clears throat] New Signs Ohio LLC on behalf of Jersey Mike's and Winktop at 1502 East Worooster Street has requested a variance to allow the refacing of an existing 8 foot by 8 foot pylon sign which would cause each business to exceed the maximum number of two signs allowed per business by one sign. currently permitted for two wall signs for each business. Okay. So, for this one, we're going to look at um 15 150.84 sign regulations table. So, the zone district and number of signs Jersey Mike and Wing stops sit within the IC interstate commerce district. And normally, if there was just a standalone business, you would be allowed to have three signs maximum. But there is if you look at the table which here you have the little cross next to the three. When you go to the table contents here with the cross sign the symbol indicates a maximum of two signs are allowed if there are multiple businesses on the same parcel or located within the same building i.e. multi-tenant building um or building with shared walls. Obviously there are two businesses here. Previously in 1993 there was a variance granted um for for a sign though it was not for the number of signs it was for the loc sign um which was closer into the right away. So it was not the actual number of signs and we did not receive any letters in regard to this one and an advertisement was placed in the newspaper um of general circulation is required um at least 5 days prior to the hearing. A site notice was placed at the site. The other notices required by the

administrative code were posted in the proper time and location. And a letter was mailed first class mail to the tax milling address of the owner and adjoining property owners. And here we have some and here we have a aerial image of the location. Though this is not current um because this is from the otter's website. This is the old location and this is current now. And this shows jersey mics and the pylon out front. This is the north facing side, west facing side wing stop and then the um pylon. This is a rendering of what they wish the pylon to look like. And I believe that will change uh with more with better renderings.

Tim, excellent. Thank you. All right. Is the applicant uh here today? I'm not the way. Excellent. [laughter] Come up to the podium. Will you uh state your name and address for the record? Nikki Thompson and I'm at 2720 Centennial Road. And you can confirm that you swore a note to tell the truth here tonight? I did. Awesome. Will you please uh just explain for the board the reason for your request? And remember that we are uh keeping in mind the seven criteria when we're making our decisions.

Sure. So, Ohio signs, they kind of outlined it for us anyways. Um, so when we signed the proposal that pylon was part of it. [laughter] So we we were under the assumption that that was going to happen. Um, so for us it's a safety thing. It looks better for the area. So both sides will have both signs. I did print those out. Better renderings is I don't know if you wanted to look at that. where it kind of shows. Do you? Yeah. Take a look here. It shows like a jersey. I see.

So, how would if we didn't grant this variance, how would that be a undue hardship for for you? Well, I think it just would affect business. they wouldn't be able to see us from certain areas. I mean, I know we have the two signs there, but like I said, we were the under the assumption that we would be getting the pylon. Um, when we tore down the building, we didn't tear down the pylon thinking that we were going to put signs there. So, does anyone have any questions for the applicant? Were you not aware of the uh zoning? No.

When you did it? No. Because this was in effect when you started this construction. So, the sign company is the one that applies for all that. We were not under the assumption or we were not we did not know that until recently that there was a variance. Are they still doing your sign for you? Yes, they are. Because they [laughter] basically screwed the pooch. Yes, they are. But I did want to mention because I we kind of have been driving down that Starbucks and Chipotle has the three signs on their building which is about 2.2 miles east of our store stores. I don't know.

Would there be any requirement for them to if this v variance isn't appropriate to tear down that current sign that's there or remove a sign? They'd have to take one off of each. Yeah. Or take that or they have to this has to come down. Take that down, right? Or not put a sign on. It can sit there blank. That's what I mean. Can it sit there blank, which is does not look good.

You took over property. The pylon was already there. That was a earlier. You're not asking for a new pile. You're not asking for a taller pile. You're not asking for a bigger sign. It's going to be the same size. Instead of that ugly black facade that is there right now, you're going to put up the and that corner has never looked better. Well, at least not in recent years. It's been a whole series of things going through there. Uh to me, this isn't difficult.

Let me ask Heather and Chase. So, when she mentions Chipotle and Starbucks, was that a long time ago or why do they have so many signs? Because we're here to talk about number of signs. Correct. So, the zoning code that was passed in 2023 did change the number of signs. It used to be three maximum per business and the new zoning code, as Chase read earlier. Um, when you have a multistructure like this or commercial strip, um, the maximum changes from three to two per business. Okay. So, just I just want to make sure you know that that's why they have three. Yeah. No, understood. Thank you.

Old zoning I guess my question is would they need a variance each time the sign is resurfaced? No. If if they are granted a variance for that then that will count toward the number of signs and we have to honor that.

Yeah. To me uh I mean these signs are now uh prohibited by the code but this one is less intrusive than most. And we're really just asking for one extra sign per business. To me, this request doesn't seem very uh substantial. Um does anyone else have any does anyone else have any questions for the applicant? Okay. Thank you. Okay. Thank you. Is there anyone else who'd like to be heard on this matter that has standing? This doesn't change to me the character of anything here. It fits with the business. It fits with the area.

I think it improves the improves the aesthetics of the neighborhood because I saw right now it's good for business. They've taken over. They've invested. Uh if if you were here asking for, hey, can I put up a new pylon that never existed before? We'd have a different discussion. It's already there. And with what you've invested or they have invested in the city, how can we ask them to keep this eyesore up there? They just want to advertise their business. Yeah, I can completely agree with Jerry. Well, I'm going to vote no because that's why we have the new zoning code, but and I'll be voted down, I'm sure.

And additionally, the sign company may have made the mistake, however, by reducing the one on the left side of that picture that we have right here. You see the same thing on the pylon sign. So, there's a way to mitigate it without violating a code to the same thing with uh wing stop. You can see it from the pylon sign because both of them are on the same side. So, you can mitigate that and still stay within our codes. They chose to put those extra signs up, not us. And we're supposed to take a look at that if what the hardship is going to be. And if I read correctly on their um application, there are no foreseen difficulty that's approved. You bring up some good points. I um Does anyone else have any any points they'd like to make?

Are there any motions? I would make a motion that we approve the uh request as presented. And I would second that. All right. Motion by Mr. Crawford, seconded by Mr. Anderson. Mr. Secretary, we please call the role. Jerry Anderson, yes. Julie Broadwell, no. Jeff Crawford, yes. Tim Emerick, yes. David Fleer, no. Jay Sachman, no.

All right. Unfortunately, your variance did not pass, but you do have the right to appeal at the Wood County uh Court of Common, please. All right. Our third agenda item, Robin V of 231 South Prospect Street has requested a variance to allow the construction of a 12T by 22 ft accessory structure, a carport, which would encroach 3 feet into the required 5-ft setback from the primary structure and 2 feet into the required 5-ft setback. back uh 5 foot setback from the uh 5 foot side yard set back to the north. Sorry about that. [clears throat]

Okay. So, under section 150.44 44 accessory uses and accessory use uses at other structures included but are not limited to all of them but carport is included. And the accessory um use table. So is the accessory use functionally attached to the principal structure? No. Is the accessory use 100 ft or less? No. Height the accessory structure uh 12 ft or less. Permit required? Yes. Required distance from the principal structure is 5T. and then required sideyard setback five feet. Um, this property has had two variances grant in the past. And then also we did receive a letter. Um, I cannot read the name. Um, but this person is in favor of the project.

Is that what that says? Uh, that's what I'm believe it says. In favor of project. I was trying to decipher

the the signature. I I cannot decipher that. And then here is what I just explained for accessory uses. This is uh table 22 explaining the setback requirements that I just read. This is an aerial image of the property. More images of the property. There's a aerial rear image of the property. You can see the driveway um right there to the right hand of the picture front view. This is the driveway itself. And this is very difficult to see. Um but this is the site plan that we received. Um but one square equals 1 foot. Um the red outline you you really can't read it. It's very difficult to read, but it is more than the than the allowed setback. Tempted to try and get it on there again, but didn't quite turn out as well. But an advertisement was placed in a newspaper of general circulation as required at least 5 days prior to the hearing. A site notice was placed at the site. The other notices required by the administrative code were posted in proper time and location and a letter was mailed first class to the tax mailing address of the owner and adjoining property owners. [snorts]

Thank you. Is the applicant here? Would you like to come up to the podium? Will you please say your name and address for the record? Um uh Robin Beach and I'm at 231 South Prospect. And you confirm that you did swear note to tell the truth this evening? I did. Thank you. Will you just tell us uh the nature of your request and why this would be a hardship to you? [clears throat]

Sorry, excuse me. Um we're just um working with the with the setbacks. Um and so the hardships with the setbacks is is uh basically there's no room. um the the way the the the driveways and the garage are set up and that was the previous variance was um extending uh the garage. The fence line is right on the property line. It's um an old neighborhood. Everything's built on top of each other. So, um to set the carport on solid black top, the driveway in the back, um the driveway is exactly the 12 ft and that's pretty much what we need for the carport. And so in setting the carport there, it does impede on into the setback. um for the north side.

Mhm.

The um [clears throat] the variance for close to the house was more for convenience sake um just to have it closer to the garage so there isn't a gap for snow and rain and and all that. Um, so that is more for convenience sake, but um, still would keep it at least two feet away from the garage just to I guess compromise. Um, I don't find the other argument the I can't find it now. Um there's no impeding um any um sorry God. Um no impeding on um uh phone lines or or anything like that. And um there is a privacy fence that's [snorts] a six foot the six foot high privacy fence. And with the height of the the carport, you really would not see uh much more of of the height of it. So, it'd be pretty well hidden. Also, it's an alley back there. And so, um people it's for just where people park. I don't even think anybody could see any of it from the h from their windows of any of the houses in the neighborhood. So,

so basically the carport [clears throat] has to go there because that's where the driveway is at. So that's why pretty much relief from the setbacks. Yes. Okay. So what do you are you plan on parking that truck under the carport or a car or Yes. The van is is a new investment. Um,

so I mean you said it's not going to be over six feet or too much more than six feet. [snorts] I mean that van looks like it sits a foot and a half above 6 foot. So [snorts] the carport's going to have to be a lot taller than that fence. The carport ends up being uh I think there was a drone rendering on here. the

the one we're looking at anyway. We haven't purchased it, waiting on approvals, but it would be about um 9 ft 10 feet tall. The van is uh is just over 8t tall. So, we have the two feet clearance. Um, we're converting the van into a camper, so it will get a little taller with a air conditioning unit on it, but the 10 ft tall should be enough to fit under it. [clears throat] If I may, the carport is 10 and 1/2 ft tall. Does anyone have any other questions?

Do have I do have one question. Okay. [snorts] So why is there a reason you're not attaching it to the house? Because that would alleviate requirement for a 5-ft set off if it's you attach it to the house. Am I correct? What was your question? If it's attached to the house, there's no need for the variance for the 5T away from that primary structure.

If it is attached to the house. Mhm. Yeah. Would there need another variance to build that then? Um for setbacks it would be applicable same as applicable to the principal structure and I don't have that um from memory. Correct. if it they would still likely need that side set back because that's 5 foot minimum and I'm not sure the rear yard uh measurement but the minimum is 20 ft for the pedestrian residential. Okay. So likely one or the other, you know, it's it likely needs a variance for the sideyard or um one variance versus two variance is the only thing,

right? I don't I don't get what you're saying, David. Yeah. If it's attached to the house, you don't have to have a 5ft standoff from the house itself. It's part of the structure. The only thing you'd have to worry about is the rear yard setback. But you're saying rebuild the garage. Oh, you just attach it to the garage. And she's got the carport two feet from the garage. Yeah. Move it right to the garage. And I just thought of that. You're going to put it against the garage, correct? Two feet. Two foot from it. We'll keep it two feet from it knowing that it was supposed to be five feet. Okay. All right. But if she puts it against Do you want it against the house?

Well, [clears throat] sorry. Part of the part of the issue is the the the roof line coming down, the angle is too tight. Got for the the angle of the roof of the carport. Okay.

It doesn't quite slide right underneath the the the Does anyone have any other questions for the applicant? [snorts] Okay, you're good to sit back down. Does anyone else wish to be heard on this variance this evening? Hearing none the discussion. Does anyone have any any good points? I'm kind of in the middle on this one. I just think a carport is just not going to look right in the area myself, but it's going to kind of not conform with. That's just my opinion.

I know a carport is one of the approved, right? Can we all drive back down there? Yeah. All right. It's not even a through alley. You can't get to the other street. You go in there, you're you're backing up. There's paved parking with some lines for rental housing in the area, right? So, nobody's going to be offended by a carport there. You wanted you got the the smallest carport you could that would I believe I read that, right? Yes.

And you have it this size. So, we wanted to go into blacktop, not into the flower bed because that didn't hold up a carport. So, you just want to I I look at this house. I look at it's a charming house on prospect. people have invested in this house. They want to protect that vehicle and it's backing up to an alley of a where people park. I just I don't see a problem with that.

I agree with you. It doesn't do it change the neighborhood. It doesn't. It's It'll be aesthetically pleasing and I think I have zero no problem with it. I mean, it is a fairly moderate variance. I mean, we're talking only 2 feet, 24 in or so, less than 50%. Does anyone else have any final points? Does anyone want to make a motion? I would move to approve the variance.

Second. All right, Mr. Anderson approves and Mr. Crawford seconds. Mr. Secretary, will you call the vote? Oh, let's go with uh Jeff Crawford. Yes. Emer, yes. David Fleger, yes. Jerry Anderson, yes. Julie Broadwell,

yes. Jay Sachman. Uh, [groaning] I go no on this one. All right, your variance has been approved. Check in with the planning department in the morning for your permit. All right, that's all our agenda items. We'll open it up for lobby visitation. No. All right, we'll pass that. Is there a motion to adjurnn the meeting? Wait, I do have a question. I'll move.

I have a question first before we adjourn regarding that one house that we I'm wondering how soon do things need to happen. We talked last time about that one house that was going to cut the corners and put some plant some things. Do you remember which one I'm talking about? We had a big discussion. Western and uh what what did you say? Western Street and and uh is there any timeline on when people need to get started with what we've said because that was a conditional approval that's they needed to do some things.

I'm asking anyone I that's a good question. I wondered the same thing. How soon do they have to make these adjustments when they've already started construction? They've already finished before they got the approval.

Correct. We have been following up and driving by trying to give them some time. Uh, you know, it's hard with this kind of weather and knowing when someone's actually going to do something. Uh, we can send them a letter if you want to give them a certain amount of time. Uh, I do think it's their desire to cooperate. Um, I just don't know if there's a certain planning season with the ground being frozen and how that typically operates. It really is something that we would do administratively to work with them. I mean, we have it on our list to make sure it gets done. Uh, if you want to trust in us, we would appreciate that. Um, but if you want to give it a deadline, it's it's up to you. Um, but again, we're really working on compliance with them. And I think they definitely want to be in compliance. It's just a matter of I don't know the planting material and the timing and and how that would work, working with that fence company. And I don't know if they have to get them back there. I think there's just a lot of moving parts with that one to get it done, but we definitely have it on our list to make sure we get it done.

Great. Well, if it's on your list and you're checking on it, I appreciate that. I've been driving by, too. Just wondering I, you know, we never I didn't know if there's something that this group as a needs to be aware of and apparently not. So, as long as you're checking on it, thank you for that. There's nothing in the ordinances that say once we've made a decision, time starts, right? That's what I was asking. Right there. Correct. Correct.

Is there any way to get something like that? I know that there are certain timelines given for building permits and stuff like that. Is there no way to have something along that same lines when we approve a variation, a variance? Well, a permit is is good for technically up to two years. So, if you want to get, you know, literal on that, they have two years to do the work. I think that's a long time to give somebody when there's a condition tied to it, especially when it's already done. Um, I mean, we can easily call them and get a better timeline from them. That would probably be the easiest thing to do. But otherwise, technically, people do have two years for a permit.

Okay. I mean, if it's two years, it's two years. I was just questioning if in fact there is a written timeline that we can hold your feet to the fire at that point. Say, okay, you failed to do it. Be it two years, whatever it may be, that we've got something in writing somewhere. Sure. I mean, when you offer up conditions there, I don't think it's very typical that that happens. And so that's why we've tried to work with this, you know, owner to get done. Makes sense to me. It'll get sense. Okay. Is there a motion to adjurnn the meeting? So moved. Second. Second. All those in favor? I I Thank you. Down, please.