Board of Adjustment - Regular Meeting

There we go. Okay. And you're now recording. I will now conduct the roll call for the 822nd public hearing of the board of adjustment. Dan Keer here. Tim Jones is not. Jay Fetch here. Jeff Okonnell is here. John Seal here. Legal counsel Joseph Bond here. Community development Katie Sanders here. Community development Diane Robinson here. Right.

Has the board reviewed the minutes of the meeting held on Wednesday, October 22nd, 2025? And if so, does anyone have questions or changes to be made to the minutes? I will now entertain a motion to approve the minutes of October 22nd, 2025 board of adjustment hearing. I'll make that motion, your honor. Okay. Second. I'll second it. John, pull the vote. Seal, yes. Okonnell's a yes. Kipper, yes. And Fetch,

yes. All parties present wishing to partake in any discussion of the applications for variances or appeals submitted to the board, will you please step forward to be sworn in? And once you have been sworn in, you may take your seat, please. Okay. Do you solemnly swear or affirm that the testimony you will give at this hearing will be the truth, the whole truth, and nothing but the truth? I do. I do.

Thank you. Period of validity and required votes. as per section 400.935 period of validity unless otherwise specified by the board of adjustment in their approval for an application. No variance granted by the board of adjustments shall be valid for a period longer than 180 days from the date upon which the variance is granted unless within such period one a building permit is obtained and the construction or alteration of the structure has commenced and pursued diligently toward completion. Two, a ser certificate of occupancy is obtained and a use or occupancy commenced. The board of adjustment may grant extensions not exceeding 180 days each upon written application without notice or hearing. As per section 400.940, approvals required vote. A concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official are to decide in favor of the applicant on any matter upon which is required to pass under the article or to the effect any variation in the chapter. First agenda item 1591 Fair View Fair View Avenue. With the applicant for the record, please step to the podium. State your name and address. [snorts]

Uh, good evening. I'm Sean Burley. Um, I'm the one of the owners of 1591 Fairview Avenue. Okay. As the applicant for on the record, do you have any items you would like to enter as exhibits or evidence? No.

Thank you. Reading of the exhibit by exhibits by title only A1 through A9. Exhibit A1, agenda. Exhibit A2, staff report. Exhibit A3, notice of public hearing. Exhibit A4, application PZ25-41. Exhibit A5, application PZ25-42. Exhibit A6, application PZ25-43. Exhibit A7, copy of ordinances. Exhibit A8, plan. Exhibit A9, GIS map. Katie, is that microphone on? It's you have to get really up.

Yes, sir. You and if it's more comfortable, you're welcome to take it out. It's It's just kind of one of those quiet ones. Are there any questions regarding the exhibits presented? If no, then exhibits A1 through A9 are received into evidence as presented. Hearing progression order. Community development present the city's case.

Thank you, Chairman. Mr. Shan Burley recently purchased the property and on September 30th, 2025 appeared before the planning and zoning commission seeking approval of a zoning map amendment to change the zoning from plan development commercial to M1 manufacturing. Planning and Zoning Commission recommended approval of the zoning map amendment to the city council contingent upon variance approvals as the site did not meet the lot size requirements of the M1 district, the lot width requirement on the east side of the property nor the sideyard setback requirement at the south side of the property. Otherwise, the site meets the district requirements for M1 manufacturing. The city has nothing further at this time.

Okay. Thank you. additional comments from the city attorney. Um yeah, Katie summed it up uh perfectly. Um it is kind of a strange shaped lot. Um that kind of creates a little L. Um but other than that, um you know, there's not much that can be done in theory. So um no further comment. Thank you. Applicant, present your case in hardship. What's that? Present your case and your hardship. Why you want to why you want the variances?

Oh, uh we need the variance to have that zoning so uh becomes uh something that uh we can find tenants to rent the building from us.

Okay. All right. Comments and questions from the board. Comments from the audience. I will now entertain a motion to approve a variance from section 400.240 pointd.1 site area to allow a site area of.56 acres as opposed to 2 and a half acres as presented within the applicant's plan and due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve? I'll make that motion. Second. Okay. Pull the vote. Okonnell's a yes. Kipper,

yes. Fetch, yes. Seal, yes. I will now entertain a motion to approve a variance from section 400.240 point D.2 lot width to allow actual lot width of 94.67 67 ft on the east side of the lot along Fairview Avenue as opposed to the 150 ft as presented within within the applicant's plan and due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve? I'll make that motion. Second. I'll second it. Okay. Kipper, yes. Fetch, yes.

Seal, yes. and Okonnell's a guess. I will now entertain a motion to approve a variance from section 400.220.D.2 2 sideyard setback to allow an 11.1 ft sideyard setback on the south side of the building as opposed to the 20 foot side excuse me to the 20 foot sideyard setback as presented within the applicant's plan and due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve?

I'll make that motion. Okay. Second. I'll second it. Okay. Fetch. Yes. Seal. Yes. Okonnell's a yes. Kipper. Yes. Okay. You have your variances. Thank you. You betcha. Give with Katie. So once they're completed, typed, and signed by the chairman, make sure you'll need to make sure you keep that with your records because those are good for the property. the property would get destroyed or something of that nature. God forbid, but then you would have a good night.

Okay, second agenda item, 1910 Woodson Road. Would the applicant for the record please step to the podium and state your name and address? Good evening everybody. My name is uh Squidend Ram. I'm from 1910 Woodson Road, Long for Liquors. Okay. Do you does the applicant for the record have any items you would like to be entered as exhibits of evidence? No, sir. Okay. If we can just stop for a moment. I wanted to note for the record that Mr. Jones just arrived at 6:12 p.m. No, it's okay. It's okay. Sorry about that.

If you called, we could have held them up. I'll held them up for you. [laughter] I know you darn right. All right. Reading the exhibits by title only, B1 through B10. Exhibit B1, agenda. Exhibit B2, staff report. Exhibit B3, notice of public hearing. Exhibit B4, application PZ25-000036. Exhibit B5, application PZ25-000037. Exhibit B6, application PZ25-000038. Exhibit B7, application PZ25-000039. Exhibit B8, ordinances. Exhibit B9, site plan. Exhibit B10, GIS map. Are there any questions regarding the exhibits presented? No questions. And exhibits B1 through B10 are received into evidence as presented. Hearing progression order. Community development present the city's case.

Thank you, chairman. On September 30th, 2025, Mr. Suender Ram appeared before the planning and zoning commission seeking approval to amend the existing conditional use permit and approval, excuse me, and approval of a site plan which includes a building addition. The site plan review revealed the site did not comply with the zoning requirements related to screening and landscaping. more specifically the landscape frontage, interior landscape, and perimeter landscape, as well as site design requirements related to entrances and exits within 75 ft of an intersection. U I wanted to note the property owner intends to place greenery on the south side of the property. The current measurement is 3 feet, which violates the 10-ft width required between the parking lot and the abuing property line. So, he is trying to meet that code the best that he can by putting that green space in. You just can't put 10 foot of green space in as required by the code. Also, per the city administrator and director of municipal operations, the sidewalk to the north of the property, the south side of Ridge Avenue will be removed and the city will replace it with seed and straw on that area. The owner will be responsible for installing the curb cut and approach to create an egress exit for traffic flow as well as the maintenance of that green space. Also worth noting is there is a sidewalk on the north side of Ridge Avenue for pedestrians that will remain. So we're eliminating there's two sidewalks on each side of Ridge. We're going to eliminate that um next to his property that's on the south side of Ridge, but there will be a remaining sidewalk on the north side. Um the planning and zoning commission did recommend to the city council to approve the conditional use permit and site plan contingent upon variance approvals. The city has nothing further at this time.

Thank you. Sir, additional comments from the city attorney. Joe.

Yeah. So this was a case where um you know we worked internally to try to come up with ways to make the variances lesser as Katie had mentioned and found a way to try to add some more green space where there wasn't some um on another part of the property to try to mitigate those issues. So we've you know kind of tried to work around what's doable on this site to you know help it still comply with parking and not create other needs for variances. So, it's kind of one of a, you know, do we how do we want to proceed? And this is kind of, I think, potentially the best option.

Great. Thank you. Okay. Applicant, present your case for the hardship. Uh, yes, sir. Uh, when we currently purchased the property, well, when we took over the property, um, at that time, the property already was occupied with just concrete borders. like we didn't we had no idea of uh of the setbacks at that time because we just purchased the property and we started our business but in order to comply with the city we're willing to do more than what needs to be done as the best we can while maintaining the proper variance from us.

Okay. Thank you. Comments or questions from the board? Okay. Comments from the audience. I will now entertain a motion to approve a variance from section 400.450.8.2 frontage screening and landscaping to allow no landscaping along the front parking lot as presented within the applicant's plan and due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve? Motion to approve. Okay. Second. I'll second that. Okay. Okay. Pull the vote. Fetch.

Yes. Seal. Yes. Okonnell's a yes. Kipper, yes. And Jones, yes, sir. Okay. I will now entertain a motion to approve a variance from section 400.450. A.4 Four, interior screening and landscaping to allow no landscaping within the the interior parking lot as presented within the applicant's plan and due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve? I'd like to make the motion. I'll second the motion. Okay. [sighs] Pull the vote. Seal? Yes. Okonnell, yes. Kipper, yes. Jones, yes.

Fetch, yes. Okay. I will now entertain a motion to approve a variance from section 400.450.8.11 perimeter screening and landscaping to allow no landscaping along the north and east parking lot perimeter as presented within the applicant's plan. and due to the practical difficulties that's demonstrated by the applicant. Do I have a motion to approve? Make a motion to approve. Second. I'll second it. All right. Pull the vote. Okonnell's a yes. Kipper. Yes. Jones. Yes.

Fetch. Yes. Seal. Yes. I will now entertain a motion to approve a variance from section 400.440 440 point C access near street corners to allow the current entrance exit of approximately 10 ft from the intersection as opposed to 75 ft as presented within the applicant's plan and due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve? Motion to approve. Second. Second that. All right. Pull the vote. Kipper. Yes. Jones. Yes. Fetch. Yes. Seal. Yes.

And Okonnell's a yes. Okay. Good to go. Get Katie and she'll hook you up. No. Thanks for keeping the business. [laughter] Thank you.

Yeah. Okay. Third agenda item 9606 and 9606A Midland Boulevard. Would the applicant for the record please step to the podium and state your name and address. And for the record, can you confirm that you were sworn in?

Okay. Thank you. My name is Jim Noir. I'm representing Altia Land Surveying who's representing the owner of 9606 Midland. Okay. All right. Do does the applicant for the record have any items you would like to be entered as exhibits of evidence besides what we have already? Nothing additional.

All right. Thank you. Reading of the exhibits by title only C1 through C8. Exhibit C1 agenda. Exhibit C2 staff report. Exhibit C3, notice of public hearing. Exhibit C4, application PZ25-000044. Exhibit C5, application PZ25-000045. Exhibit C6, copy of ordinances. Exhibit C7, plan. Exhibit C8, GIS map. Are there any questions regarding the exhibits presented? Okay. If no questions, then exhibit C1 through C8 are received into evidence as presented. Hearing progression order, community development present the city's case.

Thank you, chairman. On September 30th, 2025, Laura Hedrickk of Alia Land Surveyor appeared on behalf of the property owner, Robert Kakuru. I think that's how you say it. seeking approval for a lot consolidation of 9606 Midland and 9606A Midland as well as a zoning map amendment. The planning and zoning commission recommended approval of both the lot consolidation and the zoning map amendment to the city council. Staff determined during the review related to the zoning district change despite the lot consolidation, the building encroached into the front yard setback and the sideyard setback. the lack consolidation 9606A was actually behind 9606 Midland as opposed to the side. So it still violates the front yard setback and the sideyard setback.

[clears throat] Plan development mixed is the zoning district that they changed this lot to because it has an apartment on one half of the building and it has a warehouse on the back and it [clears throat] follows the R4, excuse me, R4 regulations and performance standards which requires a 30-foot setback on the front yard and a 5-ft setback on the sideyard. The city council approved both the lot consolidation and the zoning map amendment contingent upon variance approval. The city has nothing further at this time. Thank you. Additional comments from the city attorney. Yeah. So, it it appears that this building was built in I think 1939.

Uh which predates the city's zoning code. Yeah. Definitely the zoning code was incorporated in 1939. So,

right. Um so, this is an instance, you know, where this building has kind of sat on this property for quite some time. um you know it is right on that property line but if you look at um the property directly below it um what is that to the west um it is kind of set back further um so they're not right on top of each other in terms of you know the five foot setback um other than that you know it is this is the the first time it's come up because of that lot consolidation issue. So, um, obviously, you know, we're dealing with an old building and trying to fix, you know, old issues. So, [snorts]

and we actually appreciate that they we address the platting issue with the two separate lots. 9606A being behind it has no street access. So, right, we're kind of getting two birds with one stone, if you will. Okay. applicant to present your case and your hardship. Well, the property has been reszoned as Katie said and um it hasn't been an existing building for a long time and in order for the owner to conduct his business as a landscape owner, we need the variance on the sideyard and the front yard.

Okay. Thank you. Comments and questions from the board. Comments from the audience. I will now entertain a motion to approve a variance from section 400.180 point D.4.8 front yard setback to allow building encroachment at 19 ft I mean 19.1 ft on the northwest corner as opposed to 30 feet as presented within the applicants plan. and due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve? Okay, Jay. Do I have a second? I second that. Okay, Dan, thank you. Pull the vote. Jones,

yes. Fetch, yes. Seal, yes. Okonnell's a yes. Kipper, yes. I will now entertain a motion to approve a variance from section 400.180.D.4 pointb sideyard setback to allow westside encroachment at 4 feet as opposed to 5T due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve? I'll make that motion, your honor. And a second. Yeah, I'll second that. All right, pull the vote. Fetch, yes.

Seal, yes. Okonnell's a yes. Kipper, yes. Jones, yes. Okay, you've been approved. Get with Katie and she'll hook you up. Thank you. [laughter] We'll make sure to get copies of the variances once they're completed. Thank you, sir. [snorts]

Fourth agenda item 1046 0 Page Avenue. Would the applicant for the record please step to the podium and state your name and address? My name is Sean Chin with a Panda Hut restaurant at 10460 page. Okay.

My name is Tom KS. I'm Mr. Chin's attorney. My office is 966 Olive Boulevard, sweet 211, Olive 63132. All right. Thank you. Does the applicant for the record have any items you would like to be entered as exhibits of evidence in addition to what's already been submitted? Okay, that'd be fantastic. Thank you.

Thank you. Miss Katie, is this the original sign of Jack in a Box? Yes.

Yeah. Yeah. Yeah. Fantastic. So, the framework is still on the building itself. Yes, sir.

And we have it. Thank you very much. But do you have an extra set of photos? I I have them over here. Okay, perfect. Thank you. Here, I'll walk over [clears throat]

You say there's going to be a sign on all four sides. the board can see and I think you all know this is a former Jack in the Box restaurant that had the uh signs 1984 year ago and it's the same old sign they face Second picture shows a blank.

Are you having a sign put on the top of the building from the uh south side? So you coming up when you're going north on Ashb you'll be able to see it. Okay. Right. Right.

It will. Yes.

Good. Fantastic. Okay. I will now read exhibits D1 through D13 by title only. Exhibit D1, agenda. Exhibit D2, staff report. Exhibit D3, notice of public hearing. Exhibit D4, application PZ25-000047. Exhibit D5, application PZ25-000048. Exhibit D6, application PZ25-000049. Exhibit D7, denied application PS25-000023 and letter. Exhibit D8, denied application PS25-000024 and letter. [snorts] Exhibit D9, denied application PS25-000027 and letter. Exhibit D10, copy of ordinances. Exhibit D11, plan. Exhibit D12, GIS map.

Oh, we could just do D13 for all. We can either way. Yeah, we'll do exhibit D13 is photos and drawings submitted by the owner at the meeting. Are there any questions regarding the exhibits presented? If no questions in exhibits D1 through D123 are received into evidence as presented hearing progression order community development present the city's case.

Thank you chairman. So as Mr. KS explained this building has been vacant for about a year. Um signs on our sign code after 30 days they lose any nonconformity. So, um, that's why we're here this evening. Um, again, as they stated, we have actually approved the sign that faces Paige Avenue that faces to the north. And then we also approved, excuse me, attached wall sign that faces the north and an attached wall sign that faces the west. That's on Ash the Ashby roadside. By our code, you're allowed to when you're on a corner lot and you have two frontages to have two attached wall sides. Anything beyond that is is excessive and it requires a variance. So on the third attached wall sign which would be facing the east, they're here seeking a variance for that because it violates. Then we have the pole [laughter] the pole sign. Um originally they were told that the foursided sign violated the code by our plan review. Uh I spoke with Mr. Chen before this meeting. I've gone backwards and forwards through our code and I find nothing that says that the the cubed sign itself violates the code. So, we're going to refund him $150 for that variance application relating to the foursided pull sign. However, the size of that cube exceeds the size limit which is 50 square feet and it's 64 square ft. So, they're going to be seeking a variance for the size of the cube and then the second sign that's on the pole below that which is also 24 square feet. So, we have those three variances that they're here for this evening.

Well,

they're all three the same. It's just to get that that coverage coming down right when you're heading west, but it faces east. But it's my understanding you're not utilizing the drive-thru, isn't that correct? Okay. Okay. Did we originally approve that for a drive-thru? I thought we were told that they weren't using um and I might be Do you recall when the hearing on that was? Uh September 30th.

Apologize. I just want to make sure that if if it wasn't approved originally that we make sure that you know you'll have to amend your cup. If it was, not a problem then. But let's just make sure before you guys leave that we have it clarified. Okay. Nope. With the drive-thru, we're good. Sorry about that. I just wanted to make sure. There's so many of them, you get them confused. Sometimes people aren't using the drive-thru, sometimes they are.

You're doing a great job, Katie. Thank you. Keep it up. Thank you. It's a day after a holiday. I said I was worn out by 10:00 a.m. [laughter] Thank you. You bet. Additional comments from the city attorney. So, uh, this is just an instance where, um, you know, a lot of sign codes will have this sort of size limitation or number assign limitation. It's usually to kind of keep things relatively uniform. Uh, I think the images that have been presented kind of indicate that this probably wouldn't be that outside of the norm. I mean, this four-sided cube has been there for 1984. Yes.

Probably looks better with signage in it than not. So, you know, this is probably just an instance, you know, of probably outdated sign code or maybe potentially too restrictive. But we've we've discussed kind of looking at the sign code and what we can and can't do or what we you know what's going on, you know, just internally because we've had another sign issue that came up about I think this was two meetings ago where it was like a wall sign but it had all this extra stuff and it was kind of inoffensive. So, we're we're looking at this internally to try to streamline or figure out a better way to Yeah.

As they've demonstrated with the photos, this isn't that unusual. Unfortunately, it's usual for you guys because you hear the variance request, right? But scooters is a great example. I think they have signage on every single part of that 600 foot building, right? So, as Joe said, I think our code's a little more restrictive, you know, uh, and for what reason? uniformity. I'm not not really sure, but it this isn't out of that.

Right. Yes. And and the only reason that they're here is because it has been vacant. If that if it had never been vacant and they took over ownership right after the other, it's Yeah. way more signs than say Midland.

So if you're on Midland, oh my god, look at all these signs up. And I know I'm not supposed to make their argument for them, but I would say when I couldn't find anything on the four cube sign, the only reason I would imagine more people don't have them is the expense of creating the four cube sign because why wouldn't you put a foursided sign up if you could, you know? [laughter]

Absolutely. You get every direction sees it, right? Jack in a box sign used to have a jack on a spring. That was their cue. Jack in the box. Yes. Applicant, present your case in hardship.

Varants were not Thank you. Comments and questions from the board. Comments from the audience. Okay. I will now entertain a motion to approve a variance from section 400.840.8.4 4 pole sign to allow one pole sign illuminated with four faces measuring 64 square ft per side as presented with the applicants plan and due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve? I'll make a motion.

Okay. Second. Second. Pull the vote. seal. With page being as busy as it is, adequate and readable signage is pretty much of a safety feature. I vote yes. Okay. Okonnell's a yes. Keer, yes. Jones, yes. Fetch. Yes.

I'll now entertain a motion to approve a variance from section 400.840.8.4 four pole sign to allow a second sign to be installed on the pole sign beneath the four-sided sign sighted 64 square ft per side cube sign. The second sign will be illuminated sign with two faces measuring 24 square ft per side as presented within the applicant's plan and due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve? Motion to approve. Second. I'll second that. All right.

He's got to turn the page. Trying. [laughter] Is there another You would think. They keep moving it around. Come on. [laughter] Pull the vote. Okonnell's a yes. Kipper. Yes. Jones. Uh, yes. Fetch. Yes. Seal. Yes.

I will now entertain a motion to approve a variance from section 400.840. C.2. Other requirements to allow for a third attached wall sign to be placed on the east side of the building. The attached wall sign will be illuminated with one face measuring a total of 45 square feet as presented within the applicant's plan and due to the practical difficulties as demonstrated by the applicant. Do I have a motion to approve? Motion to approve. Second. Second. All right. Pull the vote. Kipper. Yes. Jones. Yes. Fetch. Yes.

Seal. Yes. and Okonnell's a yes. Okay, your your variances have been approved and Katie will tell you how to get it get it all taken care of. Thank you. You can keep the photo. Thank you very much. Restaurant open or is it going to be

and it's very good. I've already ate it. [laughter] Thank you for yourself. Yes. Good luck. Yes. Fantastic. Good food. Appreciate it. I need a motion to adjurnn. Second. Second. All in favor? Eyes have it. We are journ. Who made the motion? Sorry. Just one moment. Uh to adjourn Dan and John second it. Thank you, John. J John. Okay, thank you. [laughter]

I did John 643. I actually like it better. Express always. Sorry, Jeff. Have your number. Yes, I can give it to you. Thanks, I do need it.