Board of Zoning Appeals - Regular Meeting

meeting of the Mortown Planning Commission to order. Uh, does anyone want me to read the premeating announcements? No, thank you. Okay. First item on the agenda, any general public comments for matters that are not on the agenda. Okay. Okay, the second item on the agenda is selection of officers, president, vice president. Mr. President, I nominate the current slate of officers. Uh, Bill Petro is vice president. Peter de Master is the president. And thank you for your willingness to serve. Any other second that nomination? Okay, you have a second. Any other nominations?

Has anyone checked with Bill to ensure that he is interested in continuing? Oh, I'm sure he is. I think if he objects, if we elect him, he can resign and we can appoint somebody else. But okay, no other nominations. Move close nominations. Second. Okay. Nominations are closed. Move appointment by acclamation. Thank you, Mr. President. Second. Okay. Second. Second. Um, moving. Next item on the agenda is meeting minutes from the regular meeting December 11th, 2025.

I'll make a motion to approve as presented. Have a motion. Do I have a second? Second. Motion. Second. All in favor? Second. I I abstain. Sorry, I missed it. I was sick. Okay. Well, we'll forgive you then. Uh second item on the agenda is meeting minutes from the study session December 11th. Move to approve. Second. Motion in a couple seconds. Uh there you go. All in favor. And starting again. Okay. Uh next item unfinished business SUB2-38 Linda and Donald Waycastaster 1479 Tmont Avenue.

Yes. Thank you, Mr. President. Um, before we get started, I just want to note that this that is like way louder. Sorry, I didn't say close enough to the mic last time, so I tried to put it closer this time. Um, I'd like to note before we get started, this case was previously before the commission in June 2025. Um, it was tabled pending more information from the applicant, but an updated survey plaque was provided by the applicant. Um, that is dated October 2025. It addresses some information that's relevant to the setback of an accessory structure on the parcel. Um the new plat is in the attachments of the staff report. Um so the applicant tonight wishes to subdivide a portion of city tax district 14 tax map 31 parcel 24.1 that's more commonly known as 1479 Tmont Avenue and consolidate it with city tax district 14 tax map 31 parcel 24 more commonly known as 1469 Tmont. Um, so both lots are currently owned by the applicant, but since some amenities and an accessory structure that was previously mentioned um associated with 1469 Tremont are currently located on the adjacent parcel at 1479, the applicant is seeking to subdivide um the lot and consolidate it with parcel 24, which is 1469. So 1479 is there on your right on the map above and 1469 is on the left. That's the current layout of the parcels. Um the applicant wishes to subdivide and consolidate the yellow portion of that parcel and give it to 1469 Turmont. Um the end result will be two parcels of land. Both of those will be compliant with the law provisions that are outlined in 1335.03 for the R1A zoning district. I do want to note that there's an error in the staff report on the section for lot provisions. Um that is 1335.03, not 1333.03, 03. But I uh did double check this afternoon that the provisions and calculations are correct and that it's just the wrong section number cited. That's just a quick view of the property

and what it will look like after the subdivision. So after the subdivision, but before the consolidation and this is an enhanced view of the parcel. Um just wanted to show that the new plat map does show the accessory structure satisfies the 5ft setback requirement in section 30 uh 1335.04. Uh, also want to note that the stone walkway that is there um is a permitted encroachment into the setback area per section 1335.04C. And that will conclude the staff report on this matter. Okay. Any questions for the planner? That was good report. Thank you. Okay. Uh, is the applicant here? Want to say anything? Do you want you want to add anything? Yes.

Yeah. And you'll have to say your name and address. My name is Linda Waycastaster and I'm the one that lives at 1469 and 1479 was my mom's property was she passed. Um, and the reason to any give a reason. I don't know what I think. You can, but you don't have to. It It doesn't really It's not supposed to weigh in our decision. The re reason. It's just more

Well, no. I just uh basically I need to do it. Um cuz I um trying to make my will out. Um and when I do um my grandson I want to have my house and my u my daughter my mom's house. Um my daughter um she's a house cleaner, so she doesn't have the money to pay taxes and all that stuff. So my grandson and I talked us over and he's willing to help her. Uh he lives with her now. Um they've lived there with my mom probably nine years something. um her rental that she had up in Fairmont was taken over by the had her something. They made her move because they were doing low house housing and stuff. So, she moved in with my mom uh which I was grateful for uh cuz I worked at the hospital and uh she was able to help me take care of my mom while she was living. Um, so, um, I want to make sure that they get the land and, um, my my granddaughter will and eventually get my mom's property, which I want the state, but I can't do any of this until the lines are drawn basically. So, if that

Okay. Anybody have any questions for the applicant? Oh, thank you. Okay. Thank you. You're welcome. So, any member of the audience would like to speak in favor of the petition? Anyone in opposition? Okay. The staff recommendation. Uh, thank you. Uh, upon reviewing the updated plat and case information, staff recommends that the minor subdivision be approved subject to the conditions outlined in the staff report. Those are on page 24. Um, if you'd like me to read them out, I do have them in front of me, but otherwise, refer to page 24. Okay. Any discussion? Move for approval subject to staff conditions. Second. Oh, second. All

in favor? I. Okay. Unanous. Okay. Thank you. Uh, next item is committee reports. See, that was easy, wasn't it? That was easy, wasn't it? Yeah. Next item is committee reports. Any committee reports? Okay. Staff comments. Uh, yes. Just have one comment this evening. Um, that's that we have engaged a consultant for the rewriting of the city signed ordinance. Um, and we will be reaching out to members of the planning commission soon to see if anyone's interested in serving on that steering committee. Okay. Anything else? Okay. Anything for the good of the commission?

Move to adjourn. Okay. Good luck, Linda. Best wishes. Okay, we're journed.