Zoning Board of Adjustment - Regular Meeting

Okay, it's 6:30 going to call this meeting of the Mills County Zoning Board of Adjustment to order. Uh, I am acting chair as Corey L, our chair is not here tonight. Can we have a roll call, please? Collins here. Gulka here. Like absent. Gentlemen, here. Evans here. Uh so we uh review action approval on the current meeting agenda. If we can get a motion to approve. Make a motion to approve. I'll second.

Okay. Now we need to have is there anybody opposed? So we have all A's. Are there any nays? Okay. There's four A's. It passes four. Okay. Now we need review action approval of the previous meeting minutes. Motion to approve. Motion by Ted. seconded. A second. Sorry.

Anyone opposed? Okay. So, we have all the A's on that. Now, uh apparently according to county and state rules, I need to read this statement of the zone board of adjustment. At the start of each meeting, the public hearing will be conducted pursuant to the board's rules of procedure. We will first hear the report of the department of the detailed on the detailed information and observations regarding the request before the board if not done so in written form prior to the hearing. Next, we will take the testimony of the applicant and his or her witness. Upon completion of the applicant's testimony, I will call upon members of the audience wishing to be heard concerning the request. Persons in favor of the quest shall be heard first, followed by those opposed. At any time during the presentation of testimony, the members of the board may interrupt to ask questions or make comments on what has been said. Upon completion of all testimony, the applicant will be allowed to make a closing statement to the board. Upon completion of the applicant's closing statement, I will entertain a motion from the board to close the public hearing on the request. The board reserves the right to ask questions of any member of the audience. However, we will not hear any unsolicited statements unless the public hearing is first reopened. Each speaker addressing this board shall step forward to the podium, state their name and address before proceeding with testimony or evidence. This board shall not be bound by strict rules of evidence, but does reserve the right to exclude evidence or testimony that may deem to be irrelevant, immaterial, incompetent, or unduly Repetitious. Repetitious. As chairman, I will I will rules on all questions. I

will rule on all questions relating to the admissibility of evidence which may be overruled by a majority of the board. Continuences may be granted by the board in case for good cause shown to any interested party who has entered their appearance. The board may request a continuence of a hearing for the purpose of giving further notice, taking further evidence, gathering further information, touring the proposed site, or for such other reasons as the board may find sufficient. In such case, we shall state the specific reasons for the continuence and set a date, time, and place when the matter will be continued. All official actions of this board will be made at a public meeting by motion made seconded and a polling of the membership. If conditions are imposed, such conditions shall be included in the motion or amendment there too. Our final decision will be prepared in writing and will be part of the public record of this board. So now we need to vote to open public hearing on application 26-05.

Do we need a motion to open the the hearing? I'll make a motion to open. Need a second. Second.

Is there anybody opposed? Okay. So passes 4 Z. Okay. Now we have to discussion formal action on zoning variance permit application 25-5 the proposed variance of 50 ft of the street sideyard F road setbacks for the construction of a new single family dwelling at the property address 55258 road in the old township within the Lust Hills Conservation Zoning District.

Okay, folks. Thank you. Thank you. Yes. Uh we do a staff report first before No, they can go ahead and tell us what they want to do. Okay. All right.

Good evening. Uh my name is Tanda Tand Moore and this is my husband, Matthew. that. And um we're here this evening because we are living a um a a home placing a home on property in Pony Creek uh on um it it's it's on a corner um facing a manufactured home and u we would the easement is I think that's what it's easement is currently at 50 ft and we would like to have that um adjusted. That's why we're here to adjusted to 25 ft. That's the most that we can have. So asking for that approval.

Okay. Thank you. So with that we go to staff reports. First, you want to or is there anybody here speaking in favor? Okay. Is there anybody here that wants to speak in favor or against this uh this request, this variance application? If you want to come right up here, can you state your name, please?

20542 Feldon Road. Um, I'd like to state that we have an HOA that our roads are private. They're not countymaintained or owned. And all that goes through the board. The property in question is owned by a Jordan Moore who has had it for 65 months. And of those 65 months, he's been current on his duty once, and that's not now. Um, the board was not aware of this. Nobody came to the board. Nobody mentioned anything to the board. We have our water system down there and I can't speak as to the water system. Our president can and our water guy, but um there's a lot more than just permission that would be even needed to put anything there um because of our water system and we're in the process of getting new water and that's not something we figured in. So I would ask that you deny it for for two reasons. For one, because I would believe that the easement is would be provided by the homeowners association, Pony Creek, and not this board, with all respect. And number two, because nobody even had a clue about this, and we've had no time to prepare for the possibility of something going in there.

Okay. Thank you. Thank you. I just just basically I'm one of the board members and we would have thought I'm sorry you're one of the HOA members. Yes, I'm a board member. Okay. And give your address, please. Uhhuh. 20574 Fountain Road. Thanks.

And our as as Marlo stated, the roads are private. We own those roads. the homeowners association, everyone that lives down there owns the roads. So Glennwood does or Mills County has no say so on our roads. We maintain them and and um part of our dues that we pay every month goes for road maintenance. And so if there's if someone wants to build a house or someone wants to move a mobile home in that has to be approved by the board that they need they need they should have come to the board meeting and at least let us know what they were planning on doing and not just assuming that they could come to you guys and you guys could give them the okay to do it. It that's not how it works.

Okay. I'm sure we'll be discussing this. Thank you. Thank you.

I'm Veron Phelps, uh, current vice president of the QA board. It's 204 89 Falen Road and based on the concerns are kind of the same as theirs. Um, maybe I don't understand like I said, no time to prepare for this. What authority, who has what here? And I am a bit confused of how the county would have authority to come in on private property and grant variances. But even so, my understanding, and I, like I said, didn't come prepared. I'd have to go look it up. I believe it's a 15 foot easement right now. So, there wouldn't be any need for variance.

Did anybody bring a copy of your HOA rules? We didn't have time. I apologize. I I basically came straight from work. So what what the what the applicants are asking for the county established setbacks on all lots in the county. So what they're asking for is from their property line they want to be closer than what the county rules are. And that's what they're here to ask the board for tonight because this board has the authority to grant a variance to allow them to be closer to their property lines. Now, that doesn't mean that they don't have to go through and seek some approvals from you to be able to tap into your water. Correct. Because there's already an easement that's there,

right? But it does what this board has the authority to do is on the setbacks to the property lines and that's what we're here to talk about today. But, you know, you can only take that so far, too, so you don't surpass the ement says and I would have to go look it up and I could get you the information, but I believe it's 15 foot as of now. So, there wouldn't be any need to. So, you're sure? You're sure the setback with your HOA is 15 foot? I believe it is. Yes. 15. 15. Okay. The county set back stronger than that? I know. I'm sure county is much stronger. Yeah. your HOA was probably established pre-zoning to county established at I believe 78,

right? So in in the county's eyes, what those it's they become non-conforming lots, right? So if the structures are then removed and things go to get put back, then they have to be put back into conformance with what the county regulations are. So that's what as long as they're stronger than the easement. Yes. Okay, makes perfect sense. Yes. All right. All right. Thank you. All right. Thanks. Anybody else? I'd like to state again tomorrow at 205 North the or the owner of that lot is Jordan not it's not uncommon for people to come to us seeking permission if they're looking to purchase a lot or something.

Okay. And we have um septic issues as well that we would have to I'm sure on small lots. Yes. Yep. Yeah. And I believe we've come to the board before and I believe we were told um that none of our lots qualify for a new a new house septic wise. So well that's up for the county too. Mills County Public Health. That's a different board. Different work. That's what um

so now uh now we're ready for staff report. So uh on their request what they have we have to just based on what the board's authority is have to say that we we can't the board cannot approve the request as it is because it's greater than 50% that's allowable for the board to make as a variance. I would say though that because of the irregular irregularity of the lot and what it is in order to be able to place something on there that the board could look at it and they could approve a variance request of the street sideyard and that would be to fantability to a little bit closer to fan. It's not going to get them as close as what they're thinking, but they can push over to that sideline a little bit more on their interior.

So, if I'm looking at this right, there's a house here right now and you're wanting to put it. This is looking at the map. This is

okay. This is their street side. They want the front yardest here being 48. So I thought the HOA is 15 feet. Is that what you said? I believe it is. Yeah. 75 ft. That's the front yard. Oh, it's a street side. It's on the street. It's called the front.

We could go 30 38t right here. He's got that's the most we can do as as a board, right? From either way, right?

Okay. because there is and it's not in a lot of the zoning things that you'll see in these older neighborhoods. You're able to look at the property and look 200 feet to the left of it, 200 feet to the right of it and be able to stay in line as long as you don't come closer than what those other structures are in there. But Mills County does not have that in their ordinance, but it is a pretty common piece to have in there. So that's why I've written it the way that I have. The recommendation is I mean you could do the 50% but this unfortunately those kind of code you can't go any more than 50%.

Yeah, that's all we can do. So why why are you recommending to deny the application to deny it as it's written? Because they're asking we can't approve their request because it's greater than 50%. But you can ramp them up to the beach.

So they're requesting 25 ft, correct? The most we can allow is 38, right? So we could approve it for 38 ft. Correct. It's still going to have to come under their housing authorities. Exactly.

We can do it. They'll yeah they'll still have to go seek their permissions through the HOA to actually place the thing there and then then you once they get permission to place it there from them they'll have to come back to us and get a building permit to place it actually there. I mean there's just layers of approval HOAs that they'll have to work through. We just don't as a county we don't have anything to do with easement with their covenants or rules of those. I mean that's on the HOAs to go through. We just handle on our county side of the rules. So, all we're really dealing about talking about is a setback here, right?

So, if I I think we'd be fine, you know, I'm just speaking for myself with doing a setback of 38 ft because that's the most we can do. If that doesn't work for you, you might want to just uh Can they get their money back if they just withdraw their application? No, because that's how it goes for the game. Uh, what do you what do you guys think? I agree. Grand 38.

I've got a question. Like because the way the road goes here, if we approve it, is there going to be any line of sight issues with the roads? like any you mean is one building going to block the road from from one road to the other way for visibility and all that type of thing. Yeah. Yeah. When you zoom out on that area there is a lot of structures there at 15. Is there?

Yep. I I think we can approve it for the 35 feet and I think we go 38, right? 38 half of 75 38 feet and then as the county we then it's up to the HOA to decide what they're going to let them do because we are stricter on it than the HOA. Jeff, I agree. Okay, we do board action then. We're uh my house and I Sure. Go ahead.

Okay. So, um the current and I didn't know that I hated to go through um Hello. I didn't either. We've always dealt with the county. Yes. Has are a different beast. I understand. But we're not there's no feuding going on. We didn't know that.

Right. And and second of all, um Jordan is our son and Jordan is our son and we're in the process of we have also have another property um about two two or three properties up the hill on F. Um, and he is going to take that property and we're just swap um and we're in the process I have, you know, paperwork almost that with the city um and um so um let's see. So as far as so currently if you look at the the map there the the entire structure runs that's why it's running up and down hill because it's 50 feet back. Well that's half of the property. Um, and so I wanted to take our our structure and turn it the other way. So it is running alongside Fallow and Yeah. And so um, currently what we have is a structure that is 28 feet wide and 70 feet long. And so we, you know, we have the wall and we have the, you know, and we still need to put a and we can put a a garage somewhere else other than, you know, where we currently want it. But that's why we wanted and in speaking with um um you know the the department um the um the current is at 50 feet and I asked for 25 ft of that. So that is at

50 at 50%. I didn't ask for any more than than than uh 50%. Um and that would keep us 25 feet away from uh road which is the zoning um um the easement and then 25 ft away from fallow or fan road that requesting um I don't know was there anything else there was a lot of things that were in question I think you might have misunderstood a little bit your current structure is at BPV which leaves you 50 ft to the road.

But that doesn't mean you can ask for half of that 50 ft because the county standard is 75. So it's half of 75 is what you're able to have. Nobody explained that to me. And 10 feet on the other side. So you just have to ship things over. So So 50T is um just because it says the the easements at 50 ft, it doesn't mean 50 feet. It needs an additional amount as well. The county set back is 75. Yeah. Okay. So, you get 50 out. The current structure is at 50. Oh, the current structure.

Well, and I saw it on the long I saw it online wherever I saw it. That's 50% is probably what you see. said easing 50% easement to use. So, and an easement is different than a setback. So, I'm not sure if you have an easement on there dealing with

Okay, I got this might be a goofy question, but can can a applicant apply for more than one setback? Can they apply for a front setback and a and a side setback? Yeah, that has happened. That has happened. Okay, that was my question. I didn't know if they could do that. Yep. Okay. Yeah, there are some places where you have to apply for multiple variances and make some of them work. And we wouldn't do that that front setback just the just the one on on the side. So the 38 foot setback would help you.

It would. It would. We just have to put um the garage

that's the board. That's basically all we can do. How excuse. So, how how exactly do we communicate to housing? You just got to call our office and ask them. You know, if you're going to do new construction, you have to get a hold of them right away. You know, the Mills County Public Health is going to see if you can do a septic there. The other thing is when you have to work with your HOA as to what their restrictions are. So you got two entities you got to work with here and I would suggest you start with them first because they might have so then if they approve it then it's coming to the college

and there's two other two other things. So there is currently a septic in place there um system and um and it hasn't been used yet. Yes. And then there's water on road. Um so and I understand that's Mil County Public Health. They'll inspect it. So is this a second second structure on this property to live in or just a single? Just the one. And Jordan uh our son has been tearing down. He already tore down the garage and he is in the process of tearing down structure. That's it's mostly tore down. It's it's flattened out.

It's flattened down. I was just curious because then the whole septic public health issue with that. Well, and it's been empty. I mean, no one's lived there for I don't know how many 20 years, 20ome years. It belonged to the victors before. If that rings a bell, there's no according to our rules, we're not supposed to do this interaction like that. We kind of need to follow protocol. It's being recorded and documented. So, you can close public hearing. Yeah, we got public hearings closed. If you want to take a motion to close public hearing. Uh, didn't we do that? No. No. We need a motion to close public hearing. Anybody? I'll move. Second. Second. Anybody opposed?

Okay. Passes 40. So, we've had staff report discussion. Anybody want to make a motion? I'll make a motion to approve for 32 foot 38 foot setback. Uh, and then I mean that's all we can do. Okay. Motion by Ted. Do we need a second? Second. Need a second. Seconded by Jeff. Okay. Can we have a roll call, please? Collins. Yes. Go. Yes. Gentlemen, yes. Evans, yes. Okay, the motion passes. Thank you folks. Good luck.

In business. people introduce Jeff Evans to uh Heather and Ted. They may not know Jeff newly appointed zoning board member. You'll find it interesting. Everybody says you'll find it interesting. Thank you guys. Thank you. Pick up the challenge with you all. That's all I have. Okay. I need a motion to adjurnn now. I'll make a motion to adjurnn since I see the be major motivator. Time out. Time out. Wait, time out. We do have new business. Okay. Next month we will have two things on the agenda. So, sorry.

Okay. So, what's and we probably will have one for June. So, just So, what's the date going to be on May then? May 19th. May 19th. Anytime 6:30 right here. Yes, sir. We'll have two for sure. Okay. And looks like June June 16th. June 16. Do I need to tackle? Really? On May the June one. I probably won't be here, but I can zoom. Okay. Daughter's gonna have a baby. I probably You better be there. May 19 and June 16. Yes, sir. Okay. Now, we can do our motions.

All right. Got a motion by Ted to adjurnn. Yeah. Motion. I'll second. Anybody oppose? No post. We're We're journed.