Planning Commission - Regular Meeting

All right, we're recording. Okay, I call the meeting to order. Uh, if you would call the role, please. Kate Fargo, Dan Delahunt, John Fe here, Blake Harris here, Greg Pujo here, William Seammens here. We have four to five here. So, we have a quorum. Uh, we had two members both said they were going to try to make it but couldn't guarantee it. Can we have a motion to excuse? Yes. So move. Second. Second. That's Mr. Delah Hunt and so a motion to approve uh their absence. All those in favor say I. I. I.

All opposed. Passes. Uh we have the minutes from the August 21st meeting. Uh let's everybody have a chance to read them. Yes. Any questions? No. If none, there's a motion in order. I'll make a motion to approve the minutes from August 21st, 2025. Second. We have a motion. Any questions on the motion? All those in favor say I. I.

Opposed? Motion passes. Ready here. So, I'm just Okay. Um, this is an adjudication hearing and there are four items on the agenda. If you were going to give testimony, you need to be sworn in. So, if you'd raise your right hand, repeat after me. I promise to tell the truth, the whole truth, nothing but the truth. So, help your God. Yes.

I hear everybody sworn in. Thank you. Um, will you give testimony? We'll ask these one at a time. We're going to do people who were in favor of the the item and then I'm sorry, I can't hear half of what you're saying. I don't know about anybody else. Would you move up the front? Because I can move up front, but I think you need to move the microphone. We'll see. Is that better? Not really. Okay, then you need to move up front. Is yours on? You have a I've got a green dot. You got your yours is different. Use that one. Try that. Can you hear me now?

Okay. Well, let's start over there. Did Did you hear me? Swear you in. Yeah, I swear. Okay, good. All right. Um, I figured that's what you were doing.

We're going to do these one at a time and we've got I'm in order on the agenda. We're going to ask anybody wish to speak in favor of the request come up first and then people who are against the request. We'll ask you to come up to the microphone, give your name, your um home address, and then you may speak. So, the first item on the agenda is 413 Anderson Street, an application submitted by Donald and Sarah Bear for property the owned at 413 Anderson Street for a variance to construct an addition in front of the existing boat house with a front yard setback of 13 ft and a total sideyard width of 2 feet or a total distance of between buildings on adjacent lots of 4 feet. Whereas section 1137.08 908 requires a minimum front yard setback of 30 ft and a total sideyard width or total distance between buildings on adjacent lots of 15 ft. We have the staff's comments. Is there anything additional you have?

Yes, thank you, Mr. Chairman, and thank you for that mouthful. Um, that was the best way to word it, I promise. On the left hand side of this slide was is the zoning map which shows us that 413 Anderson Street is zoned CR, Commercial Recreation District. On the right hand side of the slide, we see an aerial image and I'd like to point out to the board members that to see the existing front building line or of the streetscape how it and of the other properties compared to the one proposed and highlighted in yellow. So, here's a street view photo uh that was taken recently showing this exact um aspect of the proposed development. So, what the applicant is proposing is a 28T by 32 ft twostory addition um effectively almost completely lined up flush with the existing boat house and shifting the footprint expanding it forward which will result in a 13 ft front yard setback uh which you can see highlighted in teal and 1 ft from the property lines to the new structure on each side, two foot total and 1 ft and 3 foot or total of 4 foot of between adjacent lots and buildings. And we'll get into why that is um something we're looking at. Uh first though is a front elevation on the left hand side of the slide uh which is not to scale and on the right hand side was a drawing that uh staff traced over just for improved legibility after scanning it. Um it's called out fire resistance sighting. the applicant is fully aware um at the time of submitt of you know additional aspects because of the proximity of the building that might need to be different on this proposed structure versus a normal residence. Uh moving on staff analysis first the proposed sideyard variance is

appropriate given the intent of the regulations. So section 1138.08b 08B only states that if sideyards are provided, then they should be at least 15 ft wide measured from either the property lines or between buildings on adjacent lots. So, the commercial recreation district actually does not require sideyards outright as a prerequisite of construction/occupation of a building. So, that is why there's that eitheror language throughout the request. Two, the front yard variance will help the new addition conform to the existing building line, helping it fit in more with the existing character of the area. Three, this request is aligned with previous requests for front yard home additions actually on the same block. Uh 433 Anderson Street was approved in 2023, 418 Anderson in 2010, 421 Anderson in 2008, and 420 Anderson in 1997. They were all front uh front yard home additions on the same block. All other zoning code requirements would be met by the proposed addition. Therefore, staff recommends approval with the following condition. All applicable permits are obtained through the building department, engineering department, and any other applicable agency prior to construction. Thank you.

Thank you. Okay. Is there anyone in the audience wish to speak in favor of this request? If so, please come to the microphone. I'm over. Excuse me, sir. Hey, Donald. Different microphone. That's the easy seat. That's the hot seat. Can anybody hear me?

Uh, I'm Donald Bear. I'm the owner with my wife of the property. Um, we'd like to build a two-bedroom, possibly two bath home there. attached to the existing boat house. There is a a double well boat house there. Now, we would put the structure in front of that. Um we would line up with probably about five or six properties along that front uh street there. Um 13 ft back from the property line and I think it's about 28 ft back from the actual pavement of Anderson Street. So, uh, there would be we would retain some existing parking that's already there plus, uh, the twocar plus garage. The garage would be 24 by 32. So, some of the parking would be in the garage. Still room to park outside if needed.

Yeah. But to answer any questions, John, or um, why don't we wait to hear from everybody? Then if we have questions, we'll ask at the end. That's all right. Yeah, sure. Is there anyone else's wish to speak in favor of this request?

Hi. Um, I'm Kelly Files. My husband Bob, we're Don and Sarah's neighbors to the Lakeside. Um my questions are about this current construction but also potentially any other construction or you know development that happens on the street just for knowledge of what Anyway, I'll start. Um there is a water line uh between the two properties. I'm uh the concern would be um during excavation or construction how would that be handled or what ensures the safety of not you know bumping into the water line I guess and then um along the same line um what what's required to be done in terms of the foundation on adjacent adjacent properties in case the uh excavation or whatever might endanger the foundations of those and I think it probably is going to solve itself because looks like four feet on either side should be enough to secure those secure the activities of excavation that hopefully that would not happen but I don't know what the policy is or the

because we tried finding where that water line actually would be and um we were not successful in uh coming up with that uh information. So, we're assuming that that water line would run underneath our our cottage uh and not swing out over um Mr. Bear's lot, but we don't know that for a fact. Mr. File, what is what is your address? My address is 900 Well, on Anderson Street. Yeah. On Anderson Street. I'm sorry. Right next door. Yeah. Thanks.

Um and Don and Sarah shared their plans and I'm happy for them and I hope it all works well for them and it's what they hope for. Um and this is just a general question um in terms of all building or whatever. um whenever variances are approved um or requested or whatever um and one is approved, how are how are those adhered to? Because I know down in that area a couple of structures have been built and they were not adhered to and the people got away with a small fine, but then the other neighbors, this is two streets over, um still got their extra story. And I mean, you know, some we understand the whole view thing and everything. Of course, everyone values their view, but in terms of something like that if someone builds up that high, how's that all handled or any other infractions? There's several other areas on the street that could end up being developed in the future, and we're just curious to know what the what the uh story is. Those are all the questions we have.

Okay. Thanks. Thank you. Is there anyone else wish to speak in favor of the request?

Hello, I'm Donna Grey Wise and I'm married to Kelly's brother Jed. So, we're co-owners with that with them on the cottage. Um, and we're, you know, actually really excited that the two of them will be there full-time because we're only part- timerrs. So, it's nice to have some full-time folks on the on the street. Um, please. Pardon? Your address where you live? Uh, 413 41 11. Sorry. See, that's their 43 411 Anderson. Okay. So, we're that little yellow cottage that's in those designs. Um, I think you didn't mention, but is it 1980? How long have you how long has the family had that?

I think it's in the historical records. It used to be an ice house. I don't know if any of you knew that. They used to haul it out there to get ice. Um, so just a couple other questions that Kelly mentioned, but I'm just curious to we timeline of construction. Um, and you know, and I know you address the parking because that's clearly always a concern along the road. So, we just want to make sure that that gets covered because but we've there's been a few things that have been approved that trucks are sort of sticking out in the road these days and and it's a really pretty public street. You know, they get a lot of especially July 4th, a lot of folks coming in to watch the fireworks at Cedar Point. So, just wanted to make sure that's all confirmed. Um I don't know if you asked about the roof line. Does it m you guess you sort of did just sort of construction requirements in terms of firewalls andor fire building codes. I know that's not part of zoning, but certainly something we want to make sure we're knowledgeable about. Um, and I think that's it.

Thank you. Thank you. Is there anyone else who wishes to speak in favor? If not, is there anyone who wishes to speak against the request?

Seeing none, I will come back to uh the board. questions from the board. Uh just to answer a couple of them. Staff's comments that which we normally adopt uh will be that they have to get building permits. Uh we're dealing with zoning means lot line and where it is. Um and as proposed, it doesn't meet or doesn't exceed the height request. So there's no variance for the height. Um, I I will tell you that there is a boat house building code. They also have besides the building code, there's a boat house building code with City Sanduski they have to adhere to. Um, we don't monitor that. Um, we we hope that they are good neighbors of yours. Um, if something happens during construction, for instance, let's say your water line does go across this property, you'll have to address it at that time. um any issues uh if the if dad and his wife aren't helpful, you just talk to the building department. They are supposed to monitor that. Um and if they don't, um you can talk to your friendly city commissioner and they will step in and help when they can. But uh for the most part, um I think it's a nice group on Anderson Street. Neighbors get along. I'm sure if something goes on that, uh that uh it can be addressed easily. Um I as a board here there's there's um um eight issues that we deal with that um were put in the questionnaire and they've answered them. Um one thing nice about this is even though we've approved others in advance in past on Anderson Street, everything there is unique among itself. Just because we've given it to

one doesn't mean we're going to give it to another. Um but the board here has to be um certain in their feeling that uh the the questions were answered and that um that we can apply our knowledge to apply and either approve or or vote against a variance. So, um, on the building, let's assume for a moment we approve this, uh, they get a letter tomorrow, the next Monday, next week that says, "Hey, here's all the information." They'll go get a building permit. Um, the whatever whenever that is, they have one year to start. Um once they start there is no deadline on a building permit provided they continue work through a year. If they start the project and then go to Florida for two years the building permit expires and they have to start over again. So I hopefully Don that's not in the position you and your wife are going to be. Um so um I don't you I think I don't if I answered all your questions or not. Um if not feel free to escal later but uh if not with a motion is in order.

Yes, Mr. Chair. I'd like to make a motion uh to approve this variance uh so long as the applicants uh obtain all applicable permits through the building department, engineering department, and any other agency prior to construction. I'll second that. We have a motion, a second. Any questions on that motion? Not seeing any. Would the clerk call the role? John Fe. Yes. William Seammons. Yes. Greg Pujo. Yes. Blake Harris. Yes. The marites are approved.

You don't have to stay for the rest of the meeting. Yeah. Have a good night. The next item on the agenda is 710 Franklin Street. The application was submitted by Mike Gar for property he owns at 710 Franklin Street for a variance to construct a fence in the sideyard at a height of 6 feet above grade. Whereas section 1145.17G1 only per a maximum height of 4t above grade. Sab staff comments. Is there anything additional you want to add? Yes, just a couple things, Mr. Chairman. We see this property is zoned R140 single family residential as are all of the properties touching it. There's some in the green is public facilities and the blue and red are uh some commercial property. On the right side, we see an aerial image of the property which is set back a little further than uh the rest of them and is one of the larger houses on this block. Here's a street view photo of the property showing the more narrow building frontage. Um, and if you squint on the left and right sides, you can see a wooden fence, um, which is what's getting replaced. So, it's an existing 6ft tall wooden fence being replaced with a 6ft tall wooden fence. However, um, the reason we're here still, even though it's like for like, is the way the ordinance currently reads, um, if there's no permit on file or previous variants, they have to come here. Um, of course we're in the process of changing that, but it is uh not been before commission nor been um passed. So anyway, the proposed site plan shows in yellow the proposed fencing. Um, the portion of that yellow outlined in red shows the sections that triggered the variance for reference. Okay, so we're going to move on staff analysis because

it's like forlike replacement. Uh this proposed project is aligned with the existing character of the property and neighborhood and all other zoning requirements would be met by the proposed fence. Therefore, staff recommends approval with the following condition. Uh all applicable permits are obtained through the building department, engineering department, and any other applicable agency prior to construction. Thank you. Okay. Is there anyone in the audience wish to speak in favor of this request? You don't have to. That's That's fine. So, pretty much everything I was going to say was already said. You would state your name and address.

Oh, I'm sorry. I'm Mike Gar, the homeowner. The address is 710 Franklin Street. Thank you. And um like you said, the fence is getting replaced with an identical fence in the identical space that the old fence is. The old fence is just kind of old and tired and is no longer suitable for keeping the dog in the yard. Thank you. Is there anyone else would speak in favor of this request? Is there anyone who would speak against this request? Uh seeing none, let's come back to the board. Any questions? No.

Okay. Motion is in order. I'd make a motion to approve the variance um with all applicable permits obtained through the building department, engineering department, and any other applicable agency prior to construction. Second. We have a motion to second. Any questions on the motion? Seeing none, would you call the role, please? Blake Harris, yes. Greg Fujo, yes. William Seaman, yes. John Fe, yes. The variance is approved. They will get you a letter. Normally takes a day or two. That'll be tomorrow morning. Okay, great. Yep.

Okay. Next item on the agenda is 706 Lane Street. An application was submitted by Lane Street Realy Limited for property he owns at 706 Lane Street for a variance to construct a building addition which will cover approximately 61% of the lot with buildings. Whereas section 1139.07A 07A requires a maximum coverage of 50% of lot with buildings. We have the staff require or comments. Is there anything additional?

Yes, a few things. Thank you, Mr. Chairman. Uh, this property 706 Lane Street. On the left side of this slide, we see it is technically splitzoned. However, both are in the manufacturing district and the portion that this building addition is proposed on complies with uh either district, but more importantly, the one that it will be within, the dark purple one. Uh it's on the uh right or the eastern 1/3 thereabout of the property. Uh on the right side we see the existing LCO facility with their parking on the western edge and then some street parking or excuse me private parking across the street uh on Lane Street and then to the south on Third Street. Moving on, here's uh existing elevation from the Lane Street side of the property. This is the front part of the building, customerf facing. Uh this is what it looks like from Third Street and you see an arrow pointing to the general area of work. It's currently a fenced in area uh that looks mostly used for uh what looks like whatever might be needed at any given time whether that's you know circulation uh or storage uh for building equipment or materials. And this is from across the street uh from First Street the the same proposed area of work also fenced in. So the proposed site plan is on the screen now. This is oriented such that left is north. So you can see there labeled first street is on the left, third street on the right, Lane Street on the bottom. So it's a proposed 40 40,250 ft building which is to accommodate an increase in uh the need for production of one of Luc's two main products of industrial stoves, industrial ovens. Um and this will add approximately 40 to 50

jobs over the next 5 years is what's um predicted on this site plan. You see a 20ft drive which satisfies a fire requirement which obviously this board doesn't govern but they shows forethought. Um and we'll talk about in a moment. Uh this is not the first approval they will need. Um but consequently this will lead to 61% uh a little over that being covered of the lot with buildings. So see we just talked about the first one. It's critical to the current customer's demand for additional fabrication needs. Um we believe that staff believes this variance would help meet those additional fabrication needs without deviating from the character of the neighborhood. Three, similarly, granting this variance would enable an anchor employee in our community to grow in place versus relocating somewhere else. And four, all other zoning code requirements would be met with the proposed addition. Therefore, staff recommends approval with the following conditions. One, all applicable permits are obtained through the building department, engineering department, and any other applicable agency prior to construction. and two, an application is submitted to the Sunduski Planning Commission for site plan approval prior to applying for building permits. Thank you. Thank you. Um, does anyone in the audience wish to speak in favor of this request?

Yeah. Good afternoon, Ron Gua, uh, 882 Cross Tree Lane and in, uh, I guess in this regard, president of Lucco. Um, thank you for reviewing the application. Um, I really don't have anything further to add. You did, I think, hit the highlights in the in the staff review. Um, it's a short-term solution for us as our business continues to grow. Um it's it's something that is urgently needed and this uh this addition on our existing property is kind of the fastest way to get additional manufacturing space. We have um orders for the engineering work inhouse today that um the the pro the the entirety of the project we could not even manufacture in our space today. Um so you know they very typical with these uh uh you know kind of capital equipment type projects. They give you an order for the engineering work and once they're satisfied uh with with that product you know they'll issue a PO for to actually build the equipment. And we're at that we're in that engineering phase with two large projects right now that um if we don't have this space by next spring or summer um we we we will not be able to take on the work. So thank you. Thanks again. Anyone else wish to speak in favor of this request? Is there anyone wish to speak against this request? Good afternoon. My name is Jeannie Harold. I reside at 1341st Street is

adjacent to Lucco on the west side with my 90-year-old mother. We bother no one. First of all, I am never against any business expanding or creating jobs. When the railroad abandoned the rails and Lucco moved in next door to us, our lives have been turned upside down. For years, they ran a press approximately 40 ft from our house. The press would shake the dishes, water, and my grill outside. After I posted a video on Tim Schwanger's page, they finally moved it. They still run a press over there that shakes the house. I actually have the sound of it if anybody would like to hear it. I believe this was and is done intentionally because everyone around me is sitting on property they do not own. On the east side of us, fake deeds were made up and signatures were forged stating that my parents gave him 3.911 acres of property. While both of the fake lawsuits, it states that he bought 3.911 acres of property from the railroad. I don't know the people who live in the blue house on Third Street, but if they were going to put presses in there and your home gets destroyed like ours, you're going to be in the same boat as us. If you call and complain, you will be threatened to be put in jail. Your telephone box will be moved off your house and moved down the street on a telephone pole. My car was hit. Then when I get it back, there's a hole in my firewall. My dashboard is busted. Phone calls are being listening to.

We'll be on the phone. You can hear click, click, click, and boom, our phone calls are dropped. I'm 61 years old and lived here all my life. My grandparents owned the place. It was a bar, the Triangle Bar. All I've ever done is dedicated my life and take care of my parents. If that is a bad thing, then damn it, execute me. I do not think it's going to make any difference what anybody says here today. I think it's a done deal. If you want to live in our situation who's never we don't bother nobody. I'm not a thug running the streets. I'm taking care of my parents. My dad died and I'm taking care of my 90-year-old mom who had a stroke and I am in I have got major health issues. I think it's just we're just going through the motions. I think you're going to approve this anyway. And if anybody doesn't believe me about the shaking of the house, go to YouTube #isjustice for everyone or the privilege. You will see the dishes shaking in my house. You will see the freaking water shaking in the house. This is nonsense. And we've been complaining. I have got video tapes. I have got audio tapes where I have called the city. And the more you complain, the more you get harassed. This is not right.

You are on the east side of their property. The old Luc. He will be on my west side. If you're looking towards they're your west side. Okay. Huh? I when I first talked to you said that you were on the west side and he's on the west side. They're west of you. Yes. Okay. Yes. Yeah. When I was talking east side, that's the guy who forged the deeds for 3.91 acres of property. Okay. Thank you.

Is there anyone else wish to speak against the request? That will come back to the board. I I have one question. You know, typically the reason there is a square foot uh requirement is because you've got to have off- streetet parking. Um I'm just asking where's your parking across Third Street. Um yeah, actually you can see it in that it's at the bottom of that right hand uh right hand uh

satellite image shows the parking across Third Street. So it's that that that lot uh butts up to Ontario school. Okay. Um just to ask a question. Is there parking requirement for the addition? Do they meet all those requirements? They they do. Yes. Okay. Thank you. Any other questions? I'm not seeing any. Um motion is in order. [Applause]

Mr. Sure. I would uh like to make a motion uh to approve this um as so long as uh the applicant uh obtains all permits through the building department, engineering department uh and any other agency. Um yes. Okay, we have a a motion. Second. Motion a second. Any questions? I've just got one comment or question. Um, your the neighbor does have, I'm assuming, legitimate concerns about noise, which I'm not aware of. Um, I I don't know if you're aware. Um, we we have not had Would you just Yes.

Hi everyone. Jude Guerrero, vice president at Luc 588 Biminy Drive, Sunduski. um the referenced machine that was making noise. We at the time, as a gesture of goodwill back in 2015 or 16, we spent about 20 grand buying sound dampening and vibration dampening pads for the alleged issue. Um but we haven't had either of those referenced machines for eight years or more. Um thank you. Okay.

Yes, ma'am. You want that? You want your house shaking? I'm on the couch and my house is shaking. So, you are definitely wrong. You hear that? and you guys run it like three or four times and then you stop and then it'll go off then it stops again. So don't sit there and tell me we're liars. We live it. We live it. So move the press. You move the thing away from the house and I have no problem you putting anything in there that's not going to destroy somebody else's home. You have no desire to move the press. This has all been done intentionally. um to the staff. I'm just trying it's not a zoning issue,

right? Noise. So, the house is on industrial. I'm just want to know, you know, she's got she's got a complaint. Is there where does she need to go? You know, what help is there? If I were the this resident, I would submit a complaint to the division of code compliance and on the first floor, city hall. Okay. And from there, if there's any violation, if any violation is present, they can help facilitate that discussion uh within all applicable city ordinances. Um resolution is not necessarily guaranteed. Sometimes things are civil matters. Okay. And do you know where the code office is?

Doesn't make any different. We've done all that. We're not getting any help. We're not getting any help. You know what's all in this town is to who you are, what your last name is, and how much money you have. When it comes to little people like us, we get trampled on every day of the week. This city is now four of us. Never has been in a number. We've been here all of our life. I'm 61 years old. He has not been here all of his life. They moved when they moved in, that place was gutted out. There was no reason for no trust be next door to our house. No reason. They had empty lot on Third Street. Everything should move down that way. But no, let me put 135 feet away from your house. See how you like it. See how you like it. See how you like concrete falling from your home. All the cracks in my house is from Luc.

I I understand, but I'm I don't want to say unfortunately. We're we're here for a zoning issue that we're kind of limited what we can talk about and what you know if if there's issues. My my only hope is I can give you some place to go that you can see if you can resolve it. We've been there. We've been everywhere. We've called. We've called. Every time you call, you you get harassed. You get harassed. So, where do you go? I I'm just trying to give you an an opportunity someplace to go because I I have I don't know.

Commercial property and the bar. Yeah. They made us residential. That's why we lived upstairs with my parents with 12 kids. All of us live there. It was made into residential at that time. Mr. Chairman. Yes, sir. Just strictly for the record and reference, uh, the tax how a property is taxed is determined by the Erie County Auditor's Office and is completely separate from the property zoning district classification. Okay. Some they often coincide, but in this case, it appears it does not. Thank you.

Okay. Um, there's no other questions from the board. Could you call the role, please? Do we have a second? I'm sorry. I uh Greg Pujo, yes. Blake Harris, yes. John Fe, yes. William Seammons,

yes. The variance is approved. They will get a letter out hopefully within a day. The next item on the agenda is 2216 Milen Road. An application was submitted by Pete Schwigarat Sharaf. Sorry about that if I didn't get it right. on behalf of Michael Chazar for property he owns at 2216 Milin Road for a variance to construct an apartment building with a minimum lot size of 1294 square ft per unit whereas section 1129.14 requires a lot size of 12,000 square ft per unit. We have staff's comment. Is there anything additional you wish to add?

Yes, thank you Mr. Chairman. Um on the left hand side of this slide is the property or development in question. Since uh obviously this was a recent case before the board for a slightly lesser number of units or minimum higher minimum lot area. The way we have to word it is a little confusing. So um it it's in the analysis and I'll just proceed as as I have it here on the main parcel and the parcel that the variance is actually for is 2216 since the last meeting the last variance request the applicant has obtained or has entered into a purchase agreement um pending or condition on all you know relative approvals all required approvals including tonight uh to acquire 2212 Milin Road which is on single family and on the right hand side of this slide shows both of those properties. Uh from an aerial perspective, we can see there's existing multif family residential to the east and to the west. Some single family and commercial to the north and uh single family to the south. Here are some street view photos that were recently taken on frontage road F, which is the public roadway servicing this property. Um I labeled it as it's a one-way street currently. Uh, the way you head on the oneway is north, so it's labeled as such. Photo one shows the existing driveway on the property. Two shows part of the front yard, and so does three on the bottom right. Moving on to encapsulate the additional property. Four shows the southern side of 2212 and five shows the northern side just for reference. Here's the proposed site plan which was included in the staff report as well. As we can see, this is a proposed fives five-story apartment building for seniors. Uh 55 plus to the best of our

knowledge. It will be have no more than 132 units as proposed. Will be approximately 75 ft tall, which is within the maximum height limitation. Uh the total development area is now effectively 5.3 acres and there's planned to be ample green space. um with that open space you see on the top left or the northern part of this parcel is that 2212 property. So while the variance is still is for the same property as it was last time 2216 the whole development has has grown and that that's the purpose of um the applicants acquiring that. U moving on for now staff analysis as would probably remember the previous variance request allowed up to 100 apartments on the site. The proposed variance would allow up to 132 apartments on 2216 Milin Road. Since that previous variance approval, the applicant, as we mentioned, has entered a purchase agreement to buy 2212 to increase total land area and mitigate concerns regarding density, which makes it effectively now a 5.3 acre site. Because the zoning districts between the two involved parcels are different, staff is not allowed to use the extra acreage from 2212 to calculate minimum lot area per unit. However, for reference only, if we were permitted to factor the additional land in, it would allow up to 115 units by rate. We're not, but if we did, it would bump it up to that. Four additional units will improve competitiveness for grant funding. And given the applicant's progress in that process, staff did supply a letter of support conditioned on receiving all proper approvals during their last round of grant submissions, which were I believe in August. Five, additional senior housing is much needed in our area. This request will facilitate even more of that without deviating from the character of the

neighborhood. Six, all other zoning code requirements would be met by the proposed apartment building. Therefore, staff recommends approval with the following conditions. One, all applicable permits are obtained through the building department, engineering department, and any other applicable agency prior to construction. Two, an application is submitted to the Sunduski Planning Commission for site plan approval prior to applying for all other applicable permits. And three, the property, which is this is a mouthful, sorry in advance, but three, the property is which is currently known as 2212 Milin Road, Suski, Ohio. Permanent parcel number 57-04055.0000 now are formerly owned by TB also known as Terry Elbertton as most recently reflected in the documents recorded in RM20409925 by the Erie County Recorders Office is is one combined into a single lot with 2216 Milin Road and two maintained as green space in the site plan. Thank you.

Okay. Thank you. Helpful. Is there anyone? And I'm assuming everybody didn't come to see me. So this is the last item on the agenda. So if we can be orderly, if you have a comment in favor of this request, please come to the microphone.

Mr. Chair, if I could speak from my my chair for a moment. I'm Colleen Gillson. I'm the department director, and I wanted to reiterate uh the department's support for this variant and for this project. The need for housing in Sunduski and Erie County as a whole is well well discussed, documented, debated. Erie County alone needs more than 1,600 rental units and around 2,700 for sale units to support a healthy housing market for the years to come. Housing is a city commission priority category of our current strategic plan. The goal of increasing diversity of housing options across the city is one that we work on daily. This project fills a void in the much need in muchneeded senior affordable housing in the city where the population is aging at a fast rate. Thank you.

Okay, anybody? Yes. First, good evening. How you doing? Thank you so much. My name is Pete Schwigarat with Pivotal. It's good to see you again. Glad to be back. Do have some exhibits I can share with you. Just a little additional color on a site plan. maybe helpfully help you visualize a little better and then a sample rendering. Pete, can you mention your address to

Yeah, sorry. 9100 Center Point Drive, Westchester, Ohio. Thanks again. It's pleasure to be back. Um, uh, since our last presentation, as mentioned, we were able to acquire more ground, um, and with that able to provide more open space to the project. Um we are requesting some additional units. Um that is in most importantly because there's substantial need in your community. Um this the primary site is zoned multifamily which does allow for a pretty high density. We are as mentioned in trying to request a little bit of additional density 15 total units based on the calculation. Uh the goal there is um we have a unique opportunity. Um it's very rare uh to be able to utilize state and federal funding to build housing. Um and the program uh that is out now out and available through the state uh is very competitive. And the winners are those who can create the most units with the money. And at the at the 100 to 115 level, we will not be above the bar. At this new level, we will be above the bar. So, this is the difference between um a what we hope will be somewhere in the realm of around a 30 to $35 million investment in your community either happening or not happening. Um we have done a market study. Uh there are 80 comparable units in the marketplace right now. 80 and that's it. They're 100% occupied and they have uh upwards of a 100 person weight lists on on those two properties.

Um and and this development will serve those needs. Um, if you look at the community as a whole, that market study says that there's over 2,000 senior households within a three mile three three square mile radius around this facility that need this type of housing. Right now, they only have 80 units that are full. So, optimizing the opportunity on what is already zoned a very high density development um is really, we hope, a benefit in the end because we're able to serve more families. I know that some of our neighbors earlier concerns at the last meeting were related to traffic. Um we are going through uh some reasonzoning in uh the city of Parisburg over in Toledo for a similar development. We have four very comparable developments throughout Metro Toledo in Parisburg, Sennsylvania, um White House and Oregon. Oregon's probably closest to here. Um all of those are very similar four-story buildings. Um in Oregon we have a 71 unit building and the average parking load day and night is under 50 unit at 50 parking spaces. Uh we average 1.1 residents per unit. So one in every 10 res units has has a second person in it. These are generally speaking we're catering to uh you know folks who've lost a loved one or just single um on their own independent and that's our goal is that we're independent living. We keep them independent through programs and services and partnerships in the community as absolutely long as we can. Um a lot of our research has shown that we can keep a senior independent anywhere from five to 12 years longer than if this type of product isn't available in the community. We provide curb to curb transportation which also minimizes traffic and needs. Um our residents less than uh in Oregon 65% of our residents

actually even drive or own a car. Um so we have a very very low parking need. We have very very low um traffic generation from our development. Any required improvements to the roads around us, we will be committing to whatever it takes to improve those systems. Ultimately, we feel at our rate at our rate, we're not going to need to do much, but if there was requirements out of the city, we will take those on. We want to serve your seniors, allow them to age in place in the community. And we do, we think we do a wonderful job with the building. It would have a lot of brick. It's going to have a lot of facade transition in the building. We have in on-site full-time management. We have uh an full-time service person there to help people take care of their units. We have uh a service coordinator there part-time to make sure they got their transportation and their in-home meals and their light housekeeping program services um and and so forth. Um with that, um we're hopeful you'll help us um you know, secure this funding so that we can bring this to your community. Um we think that we'll we can we've done what we can with the site. We pushed the building as far towards the multifamily as possible and we've acquired an additional lot that is going to remain open space in between us and the single family neighbors to the north of us. So that will be that that house that's on there would be torn down and that's going to be over an acre and a half green space buffer between us and the next single family resident. Um so we think that's a great compromise and a great way to transition. I did notice that it said our building is 75 ft high. We will not be 75 foot high. Um if we did a flat roof version of this building, we'd be about 55 foot high with the parapit. Uh with um a gabled roof, we're probably going to be more like 63 ft. So not quite as high. Um if it was helpful for the residents in the neighborhood, we would do a a flat roof building. Keeps it a little lower.

Allows us to take all the condensers, put them up on the roof. then it improves the landscape and streetscape as well by removing all those condensers from the from the ground floor. Uh this is senior in nature. We are going to be taking on a deed restriction that will state all residents must be 55 plus. I'm happy that if you wanted to make that a condition of this development, um we're happy to accept it because we're going to be uh committing to that anyways. that can assure you that the lower intensity, lower density um traffic flow um is going to come along with this development. So happy to answer any questions you have and uh thank you for the opportunity. We're really excited about the opportunity to bring this new investment to Sanduski. Thank you.

Is there anyone else wish to speak in favor of this request? Sue Dohy, director of serving our seniors. Uh my residential address is uh 10163rd Street, Sunduski. Uh I am in favor of the affordable housing project that's being proposed. I've also off talked with Pete and also offered the services of serving our seniors that we are there to troubleshoot questions, problems and and concerns of older people so they can maintain their health and their ability to live independently. Uh I also um want and and the city has been I echo your sentiments uh Colleen. I I agree. I think you're right on. And uh probably what's even scarier is in the next 5 years, the rate of homeless elderly is expected to grow uh expected to triple uh nationwide. So um we may not see it here today, but if we don't do something aggressive and meaningful, we will see it in our community as well. So for that reason, for all those reasons, I am a staunch supporter of affordable housing for residents at age 55 and older. Our agency serves individuals at age 60. Um I I do want to bring to your attention and this is I I guess it's more hearsay um from my vantage point. Uh there there was some information shared with me that there may be some concern about drainage and if this project were to be built, would it cause um additional flooding for the adjacent neighborhood which would be the Aspen Run and Chalet Circle? So, if

that's true, um I I would just like to ask that the uh city be aware of that. If it's untrue, I apologize for muddying the waters. Okay. Is there anyone else would speak in favor of this request? Anyone who wish to speak against this request? Let's start over here. My name is Mark Smith. Uh I live at uh 2305 Milan Road, which is directly across from where this is proposed to be built. Everything they've said is is great. I mean, we do need housing for the elderly, just not on that lot. You're talking about 35% undersized. 35%. You make these rules for a reason. If you're saying you need 2,000 square ft and from what I see, uh, we're down to 1294. That's a 35%. that that that's quite a bit really is the quality of life when you don't have the space is not a not a good thing. Uh as was just mentioned water storage from what I understand uh those are uh a problem. Uh, I know our basement floods something terrible,

especially since they uh built the school parking lot on the other side of my block. Uh, they have 30-in drain pipes there, which the city oayed to cap down to nine, so it wouldn't flood 42nd Street and 46th Street and 44th Street. So, the water all travels between the lots. uh by Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Mont Montello's property lines right on down the side of my house that deep I've already got that problem and I understand that as I say that's a combined sewer system it's both sewage and rainwater you've got the overpass right there now you're talking about putting more of it on concrete or blacktop up. Where's this water going to go? You haven't expanded the ability of the current sewer system to handle more water from that area. It's got to drain somewhere. I I have pictures of the water alongside my house that that deep going right down the side. Then you've got an overpass wall. You think you could turn a hook and ladder in there if you wanted to? You're talking about a a fivestory building that I I own a pickup truck. I drive next to that overpass wall since 1974. That's how long I've lived there. You can't turn in. Not unless you've got a heck of an approach. There'd have to be a setback huge

to get fire equipment in for a five-story building. Then you get into traffic. Okay. I understand this is supposed to be for the elderly and you're saying one 1.1 car I I believe was was mentioned maybe uh the information we were given uh coming to this meeting was practically nil I mean we weren't given any information on what was being built how many units none of this information pretty hard to prepare without the information in the first place. Uh that's something which I think should be looked at in the future for all zoning uh changes. Uh if this is for the elderly, think about it a little bit. What is there for them in that area? You've got the railroad tracks directly behind them. I mean, directly behind them. We We hear the trains. They They don't bother me. I've been used to it. But these people need some recreational space. Are they going to have it? You already have Chelsea Court right alongside. You've got Montichelis right on the corner. I mean, and you want to add another hundred and some units,

I don't I don't think that's the place to put them. I really don't I really don't believe they should be built on that lot. 35%. You people make the laws as far as zoning goes or enforce the zoning laws. 35%. That's a lot. Thank you. Thank you. Anyone else wish against the request? Mr. Chairman.

Yes. There were a few three points of clarification I wanted to make uh in response to those comments. Would you like me to hold them until we're done? Yes, please. No problem. Sorry.

Good evening. My name is Brenda Luther. I live at 2204 Milan Road. You want to buy Terry's property? You're going to sit those buildings right on top of my house. Terry lives at 212. That's two doors from me. Two doors. You want to sit this big monstrosity buildings right on top of me. I've lived there 57 years. And you talk about senior citizen, he's 80 and I'm 79. You're going to kill us old people if you put that property on top of us. We look out our back door. We see that property. Now you're going to put that monstrosity right out my back door. It'll kill us if you vote this in. It'll kill us two old people. And all I'm asking you to do is let me die there in peace. It's that's all I want. And I swear if you all that construction, all that heavy equipment that's going to have to come in there to build that place, and I swear that road won't take it because a week after we were here, the last time a car broke down on that oneway street. She sat there in the middle of the road. You know what those cars did? They went around her through my front yard. We called the cops and these cops are worthless because they didn't even show up when we called the cops. When those

cars were going through my front yard that he takes big pride in taking care of, they just went right through my front yard, over the sidewalk, and through my front yard to get around that broke down car. So when they bring that equipment in there and the any of those cars that you put that much more traffic on that road, there's going to be cars that break down, they're going to come right through my front yard again. And we call the cops. Cops don't come. So there goes my front yard. And I have to look out the backyard to see all of that crap that they want to build out my back door.

Thank you. Thank you. I'm William Luther, of course, 2204 mile road. That's one way street and it empties into 42nd Street. And if you any of you ever went down 42nd Street beside that bridge, it's hard to get through there and you're going to add that much more traffic. Those people in 42nd Street's going to be down here raising hell. I'll tell you that to allow that cuz that's the only way to get north.

That's the only way you It circles under the bridge, go down 42nd Street to go north. they get down down down here and they're going to add that much. And furthermore, you know, he started out with how many units and now he's up to how many units? I mean, when he going to stop like uh he he keeps changing everything and u originally it was proposed less and now it's more and more. When's it going to end? Like, well, next time's there going to be more than that? I don't know. Of course, I think he said there's a height limit, but maybe there isn't a another limit, you know, but it just keeps changing and and I still How are you going to get down 42nd to go north? I mean, ambulances can't get through there. Uh, it's one way street that was zoned 60 years over 60 years ago. Commercial. I know we lived there almost 60 years and it was on before that and and now you want to change it change everything. Well, you know, you make a pres precedent you're going to live with. Thank you.

Thank you. Please go ahead. In this drawing, is there some place for the water to go? I'm looking at it. I don't see any kind of retention pond or we'll we'll get into that. Okay. Okay. There's one other person.

All right. Eric Braun, 125 Alpine Drive. Um I'm actually kind of torn on this because I'm I I approve of senior housing. I mean, we do need that. It's a good thing. Uh problem is is that our neighborhood the Alpine Heights, Chalet, 13th Street, you know, the way this the sewer storm sewers drain is back towards the railroad tracks which is along Pike Creek area. There's a ditch right along the railroad. Um we've had a history here um the last probably 10 12 years of uh serious flooding in our basements. I mean, not just me, it's numerous people. I know Lou Cromer has taken numerous um uh statements from other residents in the neighborhood. I mean, I've seen it. I mean, I've had feet of water. My neighbor uh this year in June had or July, yeah, June had 3 foot of sewer water in his basement. This is just from the rains, obviously. Um, and my concern is that we're already experiencing flooding and there's a history of it. And there was actually a proposed development in 2017 um to put a senior uh housing back right on behind Chalet Drive there and it was tabled specifically because the drainage problem. I know I it's you can go into the meeting minutes for uh May was it May uh sorry May 24th 2017 the planning commission meeting is it was tabled that whole project was tabled because they said they needed to address the drainage problem. I don't know what's going on or where where the water's supposed to go but it's not going where it should go. It's not draining. I mean, it's been over and over again. We keep getting feet of

water in their basement. Um, I have maps that we've we've gotten that I don't I haven't I'm not sure if it's combined. I was told it was and I was told by somebody else it wasn't. Um, so where is the water supposed to go? Where is it drained to? Does it go to that ditch? Does it does it go under the railroad? I was told the railroad said they won't clean it out. They won't they won't service the ditch and they won't let the city go on and do it either. So my issue is let's do the senior housing, but it better be done right. And we're already getting flooding and it's hurting our home values. It's taking our possessions. I mean I I used to have carpet and couches in my basement for 20ome years. I cannot put it's all gone. It's all stripped out. My neighbors all have the same problems. Lost possessions. lost all of our family heirlooms pictures my kids when they were younger. Um I know they offer the sewer backup prevention, uh the backflow preventers, but I'm not convinced that that's the solution. The real solution is just finding a way to get this water away. And my concern is if you're going to put a large building that's going to drain to the same ditch that we are already flooding from, it's just going to make the problem worse. So I think that needs to be looked at. you need to need to figure out what's going on and fix that problem before we start adding more water to this this same drainage ditch. It's got to be looked at. They already said it there already precedent. They they tabled a project before spec specifically for that reason. So that's really all I have to say. I just going to make it put on record that it's it's been an ongoing issue. There's history. Um it's there. There's information already there to be looked at. So thanks for your time. Okay. Thank you. Anyone else would speak against the request and we'll come back to the table. Mr. Panis, you had a couple comments to make.

Yes. Uh first, uh a comment was made that there's not enough space and it seemed like it was being alluded to that that was within the unit. Um in case that was what that resident believed, that's inaccurate. Um the minimum lot size being talked about is effectively a density requirement to make sure there's enough land. It's a ratio of land available per unit proposed. Uh actually in in a multif family um zoning district such as this one. Um 400 square ft is the minimum requirement for living space. um we're too early and it's not within this board's exact narrow uh jurisdiction to talk about that since it it the applicants are aware of it and that's not what's being requested. So just to clarify that quickly um in terms of the gentleman that said he had a lack of information. I'm sorry you felt that way. All the letters that are sent out explicitly in the last paragraph say to contact staff person which has been me uh for this and I would be happy to free of charge and quickly uh supply this information which includes the site plan um which has a detention pond proposed which by law and in the applicant's best interest to not be sued uh requires to handle all additional drainage created by the development. uh the drainage issue being talked about. Uh so growing up I I I had drainage issues in the house I grew up in too. I I I've been there and it's not to dismiss it. Um but it's to best my knowledge not on this property that has caused it. Um again proposed as a detention pond, not the scope of this board. Uh site plan approval would be next before they're even able to apply for building permits. Uh just a couple more things. um traffic

and water are handled in site plan approval. Applicant has made abundantly clear they're willing to do whatever is needed um in terms of determining and I imagine to an extent financing um any determined uh improvements that are needed. Uh the proposed building uh is further away than the existing house uh not proposed to be built on top. That's actually why Mr. Burton's house is being proposed for addition to provide that buffer. Um, and we started here at 85 units allowed by right theoretically tomorrow. So just again for for just frame of reference um that's not what's proposed but they are allowed 85 by right still. Uh they can build with the variance that was approved 100 and zoning was said that it was being changed. It's not being requested at this moment. Thank you. That's all I have.

Okay. Uh questions from the board.

Um Oh, go ahead, Mr. Chairman. I just have a few comments here. Obviously, I don't know how anybody can be in opposition to the to the obvious needs of senior housing that problems that are presented to us currently, but I'm not sure it should be done at the expense of an ex an existing established neighborhood. I I agree with the comments about traffic on 42nd Street. That that perimeter road I think is a is the biggest the biggest problem. A one-way street, a narrow street. Fire equipment access I think is is difficult in that location. I'd see the excess egress on that narrow perimeter road is the the biggest problem and creating more impermeable surfaces where drainage is already a question. That's certainly not my expertise, but I think it's a a big hard question that needs to be addressed. That's all I wanted to comment on. Okay. And um my question was for the applicant. I was just simply curious to know uh what the threshold was for the funding. I think you had mentioned there was basically a certain limit as to how many units uh a place could house uh to either qualify or disqualify yourself from that uh particular opportunity for funding.

Yeah, it ultimately uh the way the funding works is that the development that proposes the highest number of units wins the day. And so as of now with the with the count we have we will win under that premise to speak to the drainage which again we will bring forward in a site plan approval full-blown engineer drawings with detention calculations. Um our site does drain towards the rail line. So we drain away from the properties in question that are having issues and towards the rail and our detention basin will hold um any and additional off will hold as much water as needed to asssure that we're not increasing water flow to that area. Um we'll have engineers who stamp those drawings and put them in front of your engineers who stamp and approve them. I am 100% confident we if anything can improve drainage situation out there because we will be improving the ditches and the swailes as we do this development. Um but ultimately we'll have no drainage impact on any other properties.

Thank you. Yes, ma'am. I'm sorry but I heard many years ago

Excuse me. Excuse me. Would you come up here cuz you had spoke before. The clerk would like your name and address. Jackie Smith, 2305 Miland Road. The biggest thing, like you said, is this drainage problem. I heard it many years ago when they decided to rebuild Hancock School. Oh, we'll take care of the drainage. You won't have any flooding. And what do we have now? Flooding. You're going to aim it towards the ditch by the railroad. That ditch runs along. Where do you think the overflow is going to go? Right back down Milin Road. As far as the traffic, how are you going to take care of the traffic with the concrete wall there? Like he said, oneway street this way. Go around. If you want to go back down mile road, you got to go past our house. We have people from Monaceel, Chelsea Court, they don't go 25 miles an hour. Thank God I don't have kids anymore that could get hit by people going down that street. And don't tell me they're not going to have that many cars cuz you could do transportation. That's great. What about the visitors? What are you going to tell them? We have potholes on those streets. We have one in front of our house about yay big and about that deep. Has anything been done? No. You're going to have more traffic, more potholes. Sorry. 132 units is a little bit too much drainage. Not retaining ponds don't work. check the school on Hancock Street

when it rains. Thank you. Um, back to the table. I've just got um my concerns are are similar to uh to yours, D. Um, to me, the variance is a little on the large side. Um, and the gentleman said 35%. That's that's correct. um that concerns me and if that was the only thing I could look past that but um I was involved in the Hancock school not the design I worked for the school to try to make sure things were done properly uh and as much as they could be they were but water is an issue I heard all the complaints both during the construction right after the construction the engineering was done done was property um it did help things but it did not solve the drain that had been there before. Um, we'll get back to it. I guess the the my biggest thing or two big things are is is it is a one-way street out in front. Um, I I don't know how if it's a five-story building. If there's a fire, how they're going to, you know, get get equipment over there. It's that that really concerns me greatly. I I fear for the lives of the people that live there. and 42nd Street right now. I mean, it's two lanes, two-way, but if there's cars coming one way and then trying to go the other, if they're parked on both sides, it's extremely difficult. Uh, I'd hate to see making a bad situation worse. And I think that's what we would be doing. Um, and a five-story building out in the middle just seems to be a little bit out of place. And I don't know that that's a zoning issue, but it's it's a concern of mine. But uh with that um any other questions or comments?

Um my understanding is it's approved for 100 units. Correct. Correct. As it currently stands. So we're talking about adding 32 units.

That's correct. Um, I echo the concerns that the rest of the board has has mentioned and I'd actually like to hear from, you know, city services, EMS, fire, um, to know what their thoughts are in getting back there if we add this structure. I well, I certainly don't work directly in those departments uh, or can speak for them uh, in conversations in general for any structure. Um, what I have been told is if they need to get there, they're going to get there. I don't I don't pretend to mean that that my, you know, answer anything and everything, but even if it's one way, there's a reason the lights and the horn exist, right?

That makes sense. I But I did I grew up on 42nd Street and um so I I'm very familiar with this area. I took that that bypass to go underneath the overpass and get to my house, you know, from the day I learned how to drive. So, I know what you're talking about with that wall there, and I would like some reassurance that that they can get there because they're not going through that wall. Um, and I I suspect that they can do it, but I I definitely want to be sure that they can.

Yeah, that would be covered in our site plan process. Uh we've briefed our engineering department and public works department uh extensively on it. Uh they're aware of it and ready to engage whenever the applicant is at that juncture and also ready to engage. Uh all sides are totally hear it and are taking it very seriously. It's not it's not lost on us. I think everyone involved in city staff has physically gone out and and driven that extent just to make sure we understand exactly what's being voiced and it at this juncture I believe it is understood and we'd welcome any additional comments along that along the way there

and I assume you have something else to talk about but I can I ask you a question? Absolutely. Can you just tell me more about the detention pond and like how big it is and why you settled on the size you did and yeah, how is it going to change, you know, with this variance versus the last one?

The pond did increase in size. Um, and is roughly around a half acre. Um, it does have room to expand if a bigger pond is desired. if we want to expand beyond the standards and the requirements of um your detention code, we have the room and space to do it. Um we want to be able to improve the situation. Uh we've done developments throughout the Midwest and in every case we've been able to improve the quality in the situation. Uh we're willing to expand or extend the road in front of our property. Um, both of our drive aisles are 24 foot wide and would have all the appropriate apron. So, if you're in a lane, even though I agree it is a very narrow lane that goes down that street, if you're in that lane, that apron is designed with the appropriate turning radiuses so that that fullsize truck, and we actually run what's called an auto turn to show and prove that that truck can make that turn. And in this new plan, there is actually a loop around the building that comes out the other side. So they're not having to get to the back. And in the last plan, we had a culdeac and they would have to culdeac and come back around, which the culde-sac again would would have been designed with that same turning radius. Um, but ultimately, it's a very smooth single flow through the lot. It's a 24 foot wide drive. The front aprons are built with the proper radiuses. The building's going to be sitting back a minimum of 50 ft. And so, uh, there's plenty of room to have those turning radiuses on our site to make sure those trucks can get back there. And and staff is right. If we can't prove that, we're not going to get through a site plan approval. What we're asking today is for a variance to go from the 100 to 132. And that does sound like a lot, but in the in the process of going from 100 to 132, we've added in another lot, which is an acre and a half of open space that

is going to be remained in perpetuity as open space. So, in fact, we're tearing down a house there, tearing out driveway there that is impervious surface that will now be green space. Um, so in some cases, yeah, we're going to improve we're going to have more impervious surface, but the the the extent of the change in this building is the building got longer by 30 ft. From what is allowable to what we're asking for, the building got about 30 to 35 ft longer. It's not, no one's even going to be able to look at the two differences of those buildings and go, "Oh, yeah, that one's longer." When you're talking about a building that's 250 to 300 ft long, an additional 30 to or so feet with the ability to gain an acre and a third is it I I can't remember the exact size of that lot of additional guaranteed open space between us and the neighbor who probably has the most legitimate concern. U where we have the building is pushed as far to the um to the other side of the property. We have somewhere in the realm of 300 plus foot of separation between their lot and our building. We would be willing to make commitments of screening that that uh boundary with with evergreens the entire length if they would prefer or desire. We would put a privacy fence up the entire length. And I know we're a five-story building and it's going to be visible, but ultimately it's to the side. It's not right behind or right behind her is some pretty worn out industrial buildings. Um we think we're going to improve the quality of the neighborhood. We're bringing in what will be a 30 plus million dollar investment on a site that's already zoned for this. I mean, yes, we're asking for a little more density, but a fivetory 100 unit building is already allowable. We're adding 30t to the length of the building, but in the process creating a 1 and a3 acre open space uh that's going to be preserved in perpetuity. Anything to do with detention, it's technically a site planting. I can guarantee you we're going to have our engineers and their

engineers working together stamping with their professional licenses that we're doing that work right. Same for the traffic. We're happy to expand the road out in front of our property. If the if if the streets department comes up with more for us to do, we will do it. We want this to be a benefit to the community. We want to serve your seniors, but we want to be good neighbors, too. We're we're not trying to alter people's lives. We're trying to help seniors stay independent longer. And to be honest, it's going to be a lot of people's family members that here in town that are going to need this ultimately. Uh and and having this is is a really really big community benefit. And on a site that's already zoned for it and permits for it. It permits for five stories already. Um we'll do if they prefer, we would take a condition where four stories. We can stay four stories, but what that does is it spreads my building out a little bit further, reduces my open space a little bit. I think it's better to be a five-story building, so we can condense our footprint, preserve more open space. But ultimately, this is such a desperate need for your community. It's a great infill site. Uh there are not many sites out there that give give this type of opportunity, and we think that this is the highest and best use, and it'll be a big benefit to your community. So, thank you for your time. There's no other questions. Motion in his orders. Just to reiterate real quick, I I I'm okay with everything he he's saying, but I I mean, you got to realize something. There's there's a problem right now, even before this is being built. I mean, this is not I we are we still have a we have a problem right now with with obviously storm sewer sewer backing up in our basements. How can you anybody in here can you guarantee me that it's going to get better? I I highly doubt it. So, I think

you it it really needs to be some serious investigation and what's going on back there. What should be going on? Where should it be draining? I don't care about a retaining pond. That's great. But you you better be able to guarantee me because I mean telling you there's people in my neighborhood they're gonna they're gonna they're going to lawyer up if they if they get more water in their basement more sewer water in their basements. I'm not saying me but people are really upset about it and they they feel like their hands are tied and they've brought it up and nothing's happened. So whatever I I'm fine with this thing going on but it has to be done right and it's already a problem right now. Right now it's a problem. So, I feel like you can't guarantee me unless I mean I don't know feel how you can guarantee me that I'm not going to have more of a problem. Not just in my house but in my neighbor's houses that are seniors. I'm 56. I mean, I'm on the other side of the hill. But, you know, I I'm just saying it's something that needs to be looked at, really seriously investigated. Now, that last time they said they were going to do it and it just kind of went away. So, just want to get that out there.

That's the issue. I I explain it to you. The issue is they can't make it any worse. We can't make them fix the neighborhood. We only thing we can make them do, which is not not us, but it'll be the engineering staff when they review them. They can't make it any worse than what it is. And there's some guidelines. Pardon? It's already bad. It's already bad, but they we can't if if they come in and say, "Hey, here's our engineering." It's not going to be any worse than it is. Um, you know, I'd love to become some manage. How do I know, you know, if you already had flooding,

is is yours flooding worse when they're here when they're when they're but say that it's that they're not com they're not contributing any more to the flooding than what already is there. Um, they've done their responsibility. I mean, that that's the maybe this isn't the correct form. and then maybe I need to be here for a regular well meeting because the problem is allow this because they're they're allowed to put up a 100 units right now. They want they want to bump that to 132. That's what the variance is for. Understood.

Let's say it's it doesn't pass. They can still put 100 in. If they decide to do it, it goes to the next level which is the planning commission at which that time the engineering study will be have done in advance before it's approved at that that level. But the answer to that is they can't make it any worse, but they cannot improve yours. They don't have that ability. I just want to make sure it's on record that there's existing problem. Yes. And it it needs to be addressed and I don't want to get worse. That's all I'm saying. So, Mr. Braun, you Bronn was your last name, right? Yes. B R A N. Okay. You signed in, right? Yes. So, you provided your phone number or email?

Um, yeah, my phone number's on here. Okay. Uh, I can get in contact with you. I obviously I can't promise a resolution, but some initial guidance on depending on where the property of origin is, how you might want to proceed. Not not legal adjacent to that property. I was briefed on drainage is going to be shared. It is shared. It's a tough thing because it's on every private property owner to take care of the drainage on their property. And when a couple don't No, I I'm sure. But when a couple don't, then anyway, I will reach out to him for that.

I've talked to provide a better I've talked to Luke. I've talked to a bunch of people about this. It's all it's it's been documented. It's out there. Oh, okay. Above and beyond this. This is just a new thing, but you know. Thank you. The motion is in order now. [Applause] Mr. Chairman, I make a motion to deny this verness. We have a motion to deny. Is there a second?

Hearing none. Is there a different motion? Mr. Chair, uh I actually I would just like to maybe add a quick comment if I could. Sure.

Um just to maybe kind of put things into perspective. Um I often times understand that you know with growth um comes growing pains and perhaps there's no perfect solution or resolution um to sort of combat the you know the existing issues that um currently yeah just exists within that area. But I think what we could potentially get out of this without question is the fact that we are catering to um or we are answering the bell to a much needed um thing in our community which is simply um you know housing. So that being said as as this body first and foremost it's not our responsibility. uh it's through, you know, planning commission and and many others that get paid way more than we do, right? Um but anyhow, um I would just uh encourage everyone to continue to stay uh involved in this um you know, in this conversation. Um continue to share your input. um but that it is so difficult to find developers and great development partners who want to invest in your community. And so I think all that being said, we really have to take advantage of uh of these unique opportunities uh when they come uh because quite frankly space is limited. Um so I encourage us and and many others just to once again um just try to find ways in which we can um all you know come together and make make projects like this come to fruition. So thank you.

Okay. A motion is still in order.

I echo all of your comments, Mr. Seammens and Mr. Harris. I um I agree with it all. Um and I I sympathize with the residents out there having grown up on 42nd Street and knowing this area well. Um I I do think we have an affordable housing issue in Sunduski. Um and this is a great project to um address that. Um so for that reason and you know with the the words and thoughts of Mr. Brawn um specifically that this has to be done right, I would make a motion um to approve the variance as long as it's done right.

Subjected conditions. Yep. subject to all the appropriate conditions that the staff recommended um related to permits uh the planning commission and the acquisition of the the property next door at 2212 Milin Road. Okay, we have a motion. Is there a second? Second. Is there motion to second? Is there any questions on the motion? Just to reiterate, um, it's all we're doing is jumping from 100 units to 132 units. That's what the varianc is for. If you would call the role, please. William Seammens, no. Greg Pujo, yes. Blake Harris, yes.

John F. I vote no. The variance is not approved. Is there any else on the agenda? No, Mr. Chairman. Okay. The next meeting is October 16th. Is there items on the agenda for there? Uh there are two. Okay. Yes. No. I'm sure they will be getting in touch with us, letting us know, make sure we can all be there. Yep. Motion. Sorry. No. Motion to adjurnn is in order. So move. Second. Second. Motion second. All those in favor say I. I.