Planning & Zoning Commission - Regular Meeting

Hello. Uh, I'm going to call this meeting of the zoning board of appeals for today uh, open. Can we get a roll call, please? Commissioner here. Commissioner Thomas here. Commissioner Sh here. Alliance chairman. Yes. Pier.

Thank you. Uh just a point of order if you could turn your cell phones on silent for do not disturb uh commissioners and and guest please. Um I'd like to welcome our newest commissioner, Commissioner Sharp. Thank you for joining us today. and uh would like a motion to approve the regular meeting minutes from November 13, 2025. I move to approve. Second.

Second. All in favor? I passes. Um if anybody's going to speak today, we're just going to swear you in all at the same time. So, if you could just uh rise and raise your right hand, please. [snorts]

Thank you. Uh the first case is uh ZBA case number 4992025. If the staff would like to read that into the record, please or the case in the record. All right. Uh this is ZBA499-2025. It's a public hearing on the request of Chester Fuller on behalf of Tony Fam and Tuy Tran to obtain major variances from the city of Peoria Unified Development Code section 8.1.7 parking of vehicles in residential districts to allow for unenclosed parking and parking in the front yard for a class 2 vehicle in a class R3 single family residential district for the property located at 6511 North Post Oak road. This is partial identification number 1314201 0009 and is located in council district 4. One second. Okay. So, uh this property is about a quarter of an acre and developed with a single family dwelling and attached two stall garage. Uh, as stated earlier, it's zoned R3, which is our single family residential district, and surrounded by R3 to the north, east, and south, and then to the west is Illinois Route 6. The petitioner is requesting to park an RV with a length of 25 ft 8 in, width of 7'8 in, and height of 11 ft in the driveway, which requires two major variances. one to allow front yard parking and two to allow for unencloed parking of a class two vehicle. So per section 8.1.7

uh parking of vehicles in residential districts, a class one vehicle is defined as a vehicle that includes recreational uh vehicles and trailers that do not exceed 23 feet in length, 8 feet in width, and 10 feet in height. and if using com uh commerce doesn't exceed uh a 8,000 lb gross weight including vehicle maximum load. So class 2 vehicles such as the RV described above is considered a class 2 vehicle. So it's based on size. Two citizen complaints were submitted to the city of Poria through the Poria cares portal and code enforcement inspected and verified the complaint. The property owner was informed of the violation and an explanation of the regulations for class 2 vehicles. Then the property owner subsequently filed an application for the variances listed above. It was determined that the height of the RV is 11 ft and length is 25'8 in which both exceed the maximum allowed height and length of class one parking putting it into the class 2 section. The applicant states the only parking option for the RV is the driveway, which is located in the front yard. The applicant also states that the parking of the RV in the front yard will not affect neighbors, and that the requested variances are for the property owner's personal benefit, and the applicant states any new owners would benefit from approval of the requested variances if they owned an RV. Development review board recommendation. Uh staff recommends denial of the requested variances to allow front yard parking and unenclosed parking of a class 2 vehicle based on the following criteria for a major variance. One, the property in question cannot yield a reasonable return if permitted to be used under only the conditions allowed by the regulations of the zoning code. Staff finds this false. The

property is currently used as a single family dwelling with driveway access and parking in the attached two stall garage and it continues to to be able to do so. The property also allows for the construction of an accessory building with a maximum area of 1,092 square foot and maximum height of 14 ft to provide enclosed parking of the RV in the rear yard which meets all required setbacks. The allotted dimensions would provide an adequate struct structure to park the RV in. Two, the plight of the owner is due to unique circumstances. Staff also found this false. Uh the subject property offers two enclosed parking spaces similar to neighboring dwellings. The property also allows the area to construct a structure provided uh providing enclosed parking for the RV as stated before. And so additionally, parking the front yard is prohibited regardless of the type of vehicle in the city. Um so for those reasons, we found that false. And number three, the variation if granted will not alter the essential character of the locality or be injurious to the public or other property or properties. Staff found this false. Granting these variances uh will be injurious to the public and will alter the character of the neighborhood. During an inspection, all properties along Post Elk Road maintain unobstructed yards and principal dwelling setbacks of at least 20 feet. These measurements were taken from uh Puria County GIS to ensure that we are meeting those numbers. Uh there are no properties within the neighborhood with fences, accessory structures, or class 2 vehicles in the front yard. The intent of the R3 zoning district is to ensure continued protection of the existing development patterns and granting the variance would allow for the RB to impede on the open corridor existing in the neighborhood. Parking large vehicles in prohibited yards may also cause visual impairment and a safety hazard to neighbors,

pedestrians, and traffic and beyond sight. front yard setbacks and limited front yard fences to a maximum three-foot height. Ensure vehicles on the road, vehicles pulling out of their driveway, and all other pedestrians to clear to clearly see oncoming traffic as they exit and enter their driveway. And so granting us a variance would allow for an 11 foot tall RV to park in the driveway, which is much taller than our three foot allowed allotted fence height. Additionally, two citizen complaints were filed as follows. quote RV has been parked in driveway being lived in for several months now and quote RV parked in front driveway for months actively living in being powered by the home. So the citizen complaints further proved the granting of the variance would alter the essential character and led to the false uh false comment of the staff. So we'll just go back to make sure uh we visually understand where we're at and what we're seeing. uh completely surrounded by R3. This is within a neighborhood uh the Idlebrook neighborhood association if I am remembering correctly developed with all single family homes, classic driveways, garages, single family homes. Um again, uh backing this after a wooded area is Illinois Route 6. So, a few pictures that were submitted uh by the applicant. This is the RV that's in question. Uh this would be from my understanding where it would be parked should it be approved. It is a circle drive. Um, so it would be when you're looking at the property on the right side, uh, we pulled all those numbers from the vehicle description given to us.

And then on a site plan again to see that it's on that right side. The RV would be right here with still approximately a 12 foot setback from the property line which is uh near the sidewalk and then uh a 14t setback from the sideyard property line. That's not in question. It's really the placement of it being in the front yard and unenclosed. And then I attached the Puria Cares just for your reference and further pictures of the RV in question and proof that we did uh serve uh notice. We also received three public comments um that I hope everyone took the time to read. Um but I'm happy to follow up on those when we get to that portion of the hearing. Are there any questions for staff?

Commissioners, do you have any questions for staff? Thank you. Uh, now we're going to ask the petitioner to come to the microphone and present their case. If you could please uh just say your name and your address, please. Mr. F, sir. Is that what you're saying? You can start. If you're if you're his attorney representative. Yes. Thank you. Um, well, first of all, one of the things if you look at the pictures,

Could you state your name, sir? I'm sorry. Could could you state your name and address for the record? My name and address Chester C. Fuller. The address is 4551 North back road heights. Thank you, sir. And I'm an attorney representing Mr. and just speaking to the microphone further. Pardon? You can pull that closer and talk into it just like this. Yeah.

Okay. Can you hear me now? Thank you. Um The pictures indicate that the um RV is not um in fact the one picture there's there's cars that are uh equal or farther out toward the sidewalk than Mr. F's RV. Um and up until this time there's nobody in the neighborhood that's complained. Um in terms of some of the uh questions that were asked that were labeled false. First of all, the new a new owner would benefit if they owned an RV. Um, that's one thing. That's not certainly it's not false. And then Mr. F has no other property in which to park this. And uh, as you can tell by the pictures, the character of the property will not change and the uh, public and property would not be injured. The actual uh length of the uh RV I believe was 25 feet 8 in and the actual class that I think could be allowed here was testified as 23 feet. Maybe I've misunderstood it but it's a two foot difference in in the RV. Um and um again, no one has complained any uh the pictures uh clearly show that it's you can hardly tell u you know that the RV is out even close to the sidewalk compared to the other cars that are in the picture. So we would ask the appearance be granted um for Mr. F and he can testify to that too. We have one other witness too. Thank you commissioners. Do you have any questions

currently? Did did the property owner also want to speak or did the petitioner himself also want to speak? Yes. I don't think the commission has commissioners have any questions for you at this time, sir. Okay. Thank you. Thank you.

Hello. Could you uh just state your name and address for the record, please?

Yes, sir. First name is Tony, last name is Fam. Um, actually we just move in this neighborhood not long enough. Okay. Um, so similar to me, everyone neighborhood is very welcome, very nice and we do the best we could to get along with everyone. I have the RV just for my daughter set. She's only six years old and she got some condition with the, you know, when she born. So that mean I do the best I could to give her some love and care. And one of these day when we take her go to the clinic, see the doctor, went on the way way home from uh Springfield, we go past the RV dealership and she could put her finger in there. And I turned around and go in there and my wife say, "What are you doing, honey?" I say, "Honey, Jennifer, she love it." And my wife say, "No." I said, "Yes." And that's what I bought for her. I bought for her because of And the day I bought for her and she just feel like open up. I mean, she very friendly, very welcome everyone she met. She very uh open up. She not like keep herself before. I'm talk to doctor about that and they very happy to see her process. Nobody in the neighborhood tell me what's wrong with my RV and we don't live in the RV. We go to Springfield every weekend, every Sunday. You know, I too busy with my business. But I take my time with her and my wife too. And I have my son. But my son, he very independent and he very good son. He got

a full course here in college. I'm I'm very thank God. I'm very happy. I got a good family. I got a live with good neighborhood. I don't understand why some people make a big issue with the RV. And I say I I told my next door I'm asking I say do I do anything wrong to make you know the neighborhood don't like my RV and they say no Tony we love your RV we wish we have the money to buy like you like you. I say no you can but it's not about the money talking about the bring love to your family member to help them not go see the doctor so this is what I wish you and the ball will you see my point here I'm not buy to show up what I have and how I have I just want to see I wish the boarding members see what my boy allow me to pop there. So my daughter can see every day when she wake up, she only look down and say, "That's my house, daddy. That house." I said, "Yeah, that's your house, honey. That's what I wish." I mean, I can move my RV to another location, rental location, pocket, but my my daughter will be I don't know what's problem with her yet. So I wish you and the board member will see my poet. I don't wish anything. I don't ask for anything. I'm just ask for allow us to park my RV in my right way and have my daughter will be have wonderful process of her you know problem. So

thank you. You're welcome. Commissioners, do you have any questions for the petitioner?

Chairman, I do have a question. Yep. Is your daughter living in the RV? No, ma'am. What is she I guess what is the intent of keeping it in the driveway? Like what is she using it during the day or just visually looking at it? She look at that and sometime we take her go down there so she can enjoy work like she think that's her house that's her like a treehouse. It cannot be her treehouse but she think that's our treehouse ma'am and that's how we pray everyone will be see the point. Did you own the home before you owned the RV? Or did you own the RV before you bought the home? No, sir. We owned the home. Yeah.

And then you bought the RV. Correct. So, I bought the RV just about last year when we took her go to see the doctor and then the way home we pass the RV dealership and that's how we turn around when we buy for her. Yeah. Any other questions from commissioners? Thank you, sir. You're welcome. I'll now open this meeting to the public. Uh if you want to make a comment on this case, I just ask that you come up one by one, state your name and Oh, I'm sorry. Were you Did you have another things? I'm sorry. Continue. Please state your name and address.

My name is Tim Kenny. I live at 6513 right next door to Tony and I'm just almost shocked that we're here. We refer to a yard. It's parked in a driveway. I wouldn't even know it's there. It bothers me 0% and I'm listening to the trying to listen to the uh figures. We're talking 25 feet to 23 feet, I believe. I'm not sure. Uh I have no information about that. But the I'm trying to say what are we doing here today? We have too much free time if that bothers anybody because it's not in his yard, it's in his driveway. I'm closest to it and it bothers me 0%. And we're talking about a great family here. Not not a good family, a great family. Um, he's talking about his daughter, but he's also got a son going to West Point next year. So it it just disturbs me that we're spending time over two feet where RV is parked in a driveway to a great family. I I'm shocked. And I don't think it bothers his neighbor to his right and I'm his next door neighbor to his left. And I how it bothers anyone else, I'll never know. And we're talking about uh impeding to the street. That that's bologoney. uh that just doesn't make sense and and it just shocked that we're here to tell you the truth. We got important problems in the city, state, nation. This ain't one of them. He's parked an RV in his driveway, a great family, and we're trying to figure a way for that not to happen. And it's just disturbing as someone who's lived in Pory his whole life. Thank you very much.

Thank you. So that I guess that would have been our first public comment. So, if there's others that want to speak on this case, like I said, if you could just come to the podium, uh, state your name and your address for the record. And just confirming that anyone who spoke has been sworn in, too. She's good. Yes. Hi. Hello.

Um, I'm Phyllis Crouch. I live at 6609 North Post Oak Road. I've lived there for over 50 years. And in the entire time I've lived in Lynhurst, I have never found it necessary to um complain about any issues. Sometimes I'm a little concerned about yards, etc. But this particular issue, it does concern me and it does affect our neighborhood. Lynhurst homeowners have made significant long-term investments in their properties. We are committed to maintaining our homes in a manner that preserves both property values and long-term resale values. Homeowners reasonably expect that city ordinances will be upheld and consistently enforced. Permitting motor homes to be parked in front of residences would significantly alter the established character and overall aesthetics of the neighborhood we intentionally chose to live in. If approved, such an allowance would set a precedence that would make it difficult to deny similar requests in the future, potentially leading to gradual but substantial changes to the neighborhood's appearance and character. One motor home may not seem like a big deal. Two, three, four, five. Our neighborhood isn't the same. Thank you.

Thank you. Are there any other members of the public that would I see more coming? Hello, my name is Jamie Mesmore and I live at 4707 West Lynhurst Drive. Um, anything that I had to say is really repetitive um, from what Phyllis said, but I just did want to add a couple of things. Um, one thing please understand, this is not personal. Um, but there are 342 homes in Lynhurst and we have heard from a lot of other homeowners who are not here today um that they have RVs. So, we probably have over 30 homeowners that also have RVs. Uh, and similar to what Phyllis said, that would drastically alter um the aesthetics of the neighborhood. And as somebody who walks post oak drive daily at all different times of the day um and who have two young daughters, safety is a big concern for me. Um yes, it is in the driveway. Um and sometimes it varies what side of the driveway that it is on. Um and just with the way the world is, you know, unfortunately you don't know what could be hiding on either side of that RV. and one is one thing, but if we have 30 um that's a whole whole other thing. So, I do request that you uphold the ordinance uh because I am really scared that it would set a precedent uh if we allowed one. Thank you.

Anyone else wish to speak on this case? The one question I guess I might have for um any of the residents is does your neighborhood have HOA or by I can swear you in. She Julia can swear you in

and again your name and address for the record. My name is Christina Rose and I live at 6206 North Suffulk Drive which is also in the Lynhurst neighborhood. I'm also one of the seven members of the Lynhurst Homeowners Association board. Um in a week I'll be the president but right now I'm just an atlarge member. Um and as a member of the board I receive phone calls about various issues and this was an issue I heard a lot about between November and now. Um our neighbors sometimes they will work things out amongst themselves but sometimes they come to us and they help us. They hope that we will help them on their on their behalf. And so I know that several of my board members as well as myself received calls from a lot of neighbors with concerns about this. I also heard from neighbors who own RVs who do pay to store their RVs and don't understand why this would be allowed when they are all paying to store their RVs. And like Mrs. Mesmore said, we have many neighbors that own RVs, rent RVs, use RVs, and pay to store them. And it it's because they believe in that the aesthetic of our neighborhood and the safety of our neighborhood and the community that we have and everyone who bought a home in Lynhurst bought a home in Lynhurst because it's charming and wonderful and all the great one wonderful things that we have like sidewalks and safety lights and all the things that make Lynhurst great. And I just feel like I would be doing them a disservice if I didn't remind you all that we hope you uphold the variance because it would alter our neighborhood and our neighbors chose Lynhurst on purpose and we love Lynhurst the way that it is. So I appreciate your time today.

Does your uh HOA your bylaws or anything talk about RVs in any capacity? Um there are some um restrictions and governances in our document but they do not specifically pertain to this issue and so we defer to the city ordinance in this case but our current Lynhurst president is one of the residents who emailed um Julia Rose and um like I said on behalf of the board I'm present today the consensus at our last meeting was that we wanted to be represented here and to make sure our neighbors felt represented here. Thank you. Yes.

Any other member? I'm sorry.

I just wanted to add uh the uh just for more information, the comment that it's a variance of 2 feet is not completely correct. So, this is not a variance asking for lengthening of what's allowed there. Front yard parking is not allowed for any type of vehicle. Um, when we see like everyday passenger cars in front yards, those are technically not supposed to be parked there. Most people do use their cars on a daily basis. So, it would be really hard to enforce on something that moves every day. Um, but we do enforce, especially on those types of vehicles that don't move on a regular basis. Um, so it really is uh not just because of the length and height. It's because it's a class 2 vehicle which should by code be in an enclosed garage or storage shed of sorts and then also that no vehicle is allowed in the front yard. So I just wanted to clarify that.

Thank you

sir. Yes. Just just briefly, um, your honor, um, first of all, the last witness testified that the RV does not violate the bylaws and there's no homeowners association just filed a complaint against my client. Um, the RV is in the driveway and review the pictures. It's actually is farther back than some of the cars that park out there. And the testimony from the other witnesses said that there were 30 homeowners that have RVs. And there's never been any complaint before. And these witnesses that came today and testified testified to hearsay information about this person complained or that person complained. And again, that's all hearsay. And there's nothing if there's 30 RVs out there now. Having this RV in my driveway would not alter the neighborhood at all. And there's really, you know, no violation of the homeowners association bylaws. Uh these people just don't want it. And I don't I think that under the circumstances, uh we would ask for variance so my client could have his RV and his property. Thank you.

Thank you. Any other members of the public? We're going to close the public portion of this hearing and we will move into our deliberations as a commission. So, anybody anything they want to say commissioners? Yeah. Um, so I think for for me the uh we in a lot of cases we don't see a lot of uh you know citizen input. Uh so thank you for you know everyone that that came today and spoke up. It it helps us make decisions. Um but also um this city staff did u mention within their denial that there are options within the current property to keep the RV um at the residence um and by building a a structure. Um, so I will be voting no on this one. Thank you.

I do have a question for the staff. The length of 25 ft, just to make sure I'm on the same page, that is based on the current RV and not a new RV. Um because on the gray picture that's posted in the pamphlet, it looks to be a very similar length to the car that's parked next to it, which I would not expect to be 20 ft long. I think that's just a matter of the perspective of the photo. Yeah. So if it this one Yep, that's correct.

So it's a circle drive, so most likely. So the house ends, they're probably not parked all the way back here. Um I don't have a better picture. This is provided by the applicant, but this is this is just a typical SUV, so it would be less than 23 feet. This is not in violation. Um, however, obviously going back to the front yard parking, if this car is permanently parking here all the time, that is not allowed because it's not meeting the 25 foot setback. But lengthwise, it's just a typical SUV, that's not not in violation for length. Okay. Thank you. [clears throat]

Any other deliberations that you want to before we move to the findings effect. All right. So, it's a major variant. We're g there's actually two uh two variances requested. Uh the first one we're going to address is the unenclosed parking. Um and so it's a major variance. And so all three uh findings of fact would need to be true. So, uh, first finding a fact is the property in question cannot yield a reasonable return if permitted to only uh to to be used only under the conditions allowed by regulations in that zoning district. True or false? I guess we'll do roll.

False. Mr. Thomas, true. False. Canon, false. The next question or the next fighting fact, the plight of the owner is due to unique circumstances. True or false? Roll call, please. Commissioner, false. Commissioner Thomas, true. Commissioner false

false. And the final uh finding fact, the variation, if granted, will not alter the essential character of the locality or be injurious to the public or other property or properties. True or false? Roll call, please. Commissioner, false. Commissioner Thomas, true. false. Vice false. Okay, we found all three of those effect to be false. Do I have a motion? We have to do the front first one as well.

It would be two separate votes. So, one is to allow a waiver for onenlosed parking. This is the to allow close and then there'll be a second vote after. I still need a motion. I'll make a motion um to approve the allowance for unenclosed parking of a class 2 vehicle. Second. Second. I'll second. Roll call, please. No

Thomas. No. No. No.

Thank you. I'm sorry. Um second finding or second uh variance requested is for front yard parking. It's also a major variant. So we're going to go through the same finding of facts on this one. First one is the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zoning district. True or false? false. Mr. Thomas, true. False.

False. Second. Finding fact. The plight of the owner is due to unique circumstances. True or false? Roll call, please. False. Commissioner Thomas, true. False. False. Final uh finding effect. The variation if granted will not alter the essential characteristic or of the locality or be injurious to the public or other property or properties. True or false? Roll call, please. False. True.

False. False. All three findings effect have been false. I would need a motion. Please make a motion to approve allowing front yard parking. A second. I'll second. Roll call, please. No commission. No. Commissioner, no.

No.

The request for the variance for front yard parking has always also been ruled against. Reps of that case. Both both variances have been declined. Thank you for coming in and today. Moving on to our next case is uh case number ZBA 5302025. Okay. Uh the next case is case number ZBA 530-2025. It is a public hearing on the request of Andrew M. Shaw to obtain a major variance from the city of Puria Unified Development Code section 5.4.6 fences and walls to increase the height of a

fence in the front yard from 3 feet to 5 feet in the class R4 single family residential district for the property located at 307 East Ember Place. The parcel identification number is 142842022. Assist request is um here at 307 East Ember. This is our zoning map. Um the property is in our R4 zoning district. Um other properties in that block have the same zoning color. So same zoning district as well as the other side of Missouri. Um and then across the street is the same zoning district. Diagonally the zoning district um the density uh decreases um and it's going to an R3 uh zoning class. It's still a residential uh zoning district. Um and then here we have um a little bit of aerial to uh remove the zoning layer. 307 um East Ember is a corner property. So it's located at the corner of Ember and Missouri. Um the house faces and is addressed off of Ember. Um and then along um Missouri Avenue, the other homes on that block um face and are addressed on Missouri. Um and so that gives uh 307 Ember two front yards per the city's zoning uh definitions of yards. Um uh being with it being addressed off of Ember, that's a front yard. and then its neighbors um addressed and or directed towards uh Missouri Avenue as a second front yard along here. And so they're asking for um a variation from our fence height standard uh regarding um a fence along the Missouri Avenue front yard.

Um and so in their packet um uh the owner identified the lot size being too small and then listed a hardship being the corner lot um as cause for the requested uh major variance. Um so this is their site plan they submitted to show uh the fence location. Um uh city understands that there was a fence there. It's uh before it's kind of shown in this aerial. This is an aerial from 2019. Um and there's a white lined fence that you can see. However, the request here is to put in a whole new fence. And so, uh new fence would need to meet current standards. Um they're asking for a 5ft tall fence. It's an aluminum style um aluminum style open fence um five feet in height. A major variance is needed for a fence greater than 4 and 1/2 ft um as the standard is 3 feet. Here's a photo uh submitted by the applicant. So this is the front of the home. So um the I guess the foreground is from Ember. Then this sidewalk goes along Missouri Avenue. You can see that previous white fence uh there, but uh has since um a newer fence has replaced that. Um this is their garage, the detached garage at the back of the property on Missouri Avenue as the driveway approaches um that uh previous white fence. Um, so this came uh through or to our knowledge um for a complaint for another reason. We were um at the property and then saw the fence being higher uh than

allowed. Um since then the applicant has removed the panels um and applied for the variance. Uh so uh uh depending on the result of this outcome would be what happens with with the fence. Um uh I think he he does note in his application that he's moving the fence further back than the white fenced it um was the white fence was pretty much right off the sidewalk. Um we'd probably if the fence is installed, we'd probably look for more information to make sure that the fence is out of the rightway. Um the red line here is the property line. Um I don't know what the exact distance is off the sidewalk. Um, but I anticipate um it's certainly uh not at the sidewalk. Um, which is consistent with some of the neighboring property, but that would be not really something up to the board. The fence would have to be out of the right of way if a fence is installed regardless of height. We would resolve that um uh at you know through our regular um means

was the previous white fence that was there. There was no record of that. Yeah, I don't have anything on that. Um just wonder

yeah I was I was uh looking looked into that but we didn't find a record. There was certainly a long period where the city didn't require any sort of record for a new fence. So you didn't have to come to our office for for that. Um the other thing I wanted to note is uh so we are at a intersection. So every intersection we end up with corner lots. Um and so we have some corner lots that are very similar um in placement and lot size as this lot, especially across Ember. Um this lot also has two front yards along Embert and then Missouri Avenue. Um, so their fence rules would be the same as this lot. Um, across the way, um, I think this might actually have a corner side yard. Same with a diagonal here. Um, the lots, this is a shorter block here is what it what it is. Um, uh, but the fencing height in the in that in that yard um is still 3 feet unless it's pulled back. um they can be a little bit larger larger or taller in height. Um but in terms of the lot orientation, placement of the home, um there's consistency um in this intersection and and the the four blocks. Um [clears throat] okay. So then uh with that kind of review of of the requests and uh and placement um I will go over our findings that the development review board considered. Um our recommendation is to deny. We don't find that the findings can be met to warrant a variance. Um and uh I'll um explain that. So the the first standard is the property in question cannot yield a

reasonable return if permitted to be used only under the conditions allowed by the regulations of that zoning district. We find that false. Um the property could still have the residential purpose. Um it can still have a fenced yard. Um we see this um where the fence could be pulled back um and and be a taller height be the requested 5 foot height. um where it's out of the front yard. Um and then a three-ft tall fence could be installed at the property line. Um and we note the three-ft tall fence in the front yard is consistent with the height of fencing um on other property in the in the area. Number two, the plight of the owner is due to unique circumstances. We find that false. Um uh we um we identified that a corner property is is not a unique circumstance and then I went over how the lot size shape um is found to be comparable to the other corner lots. Um even further the parcel is larger than the minimum required in the R4 zoning district. um and it is um longer and greater in area than the lot directly across which has the most similar yard placements. Um number three, the variation of granted will not alter the essential character of the locality or be injurious to the public or other property or properties. We find that false. U regarding the essential character in the immediate vicinity um there are two other corner lots with fences in the front yard. um or corner side yards and those fences do not exceed the maximum fence height. Um and then the proposed 5- foot fence height um would therefore alter the

character along Missouri Avenue. Uh so that's our findings for uh this request. Thank you. Any questions from the commissioners for the city? um with uh if you can zoom in on that photo. Um the allowed fence uh would be if we came straight off the back corner of the house back to the garage. Is that correct? It can't come out further than the house. That's right. Okay. And that can be six feet. Yeah, it could be up to six feet tall. Okay.

Thank you. Any other questions? The petitioner would like to come forward or your representative and just state your name and address for the record. And so, uh, my name is Andrew Shaw at 307 East Denver. Um, I guess I would just like to start out by saying that there was a six foot privacy fence there previously that had been there arguably for decades, maybe. Um, and there was never a challenge on that fence by any neighbors, even some that are here today. Um, by having to move the fence back to the corner of the house, that leaves me with very little usable space in the backyard. I've got two German Shepherds. I've also got a child. I mean, there's just no room to play back there. On top of that, it would leave a very awkward space between the sidewalk and the fence. Um, if we're going to keep up with how the neighborhood looks, that would look kind of ridiculous if you ask me. Um, I think that by putting it closer to the sidewalk, it creates a clean and defined edge and results in a more orderly and maintained appearance. Um, also the fence that I am putting up is is it it offers no visible obstructions viewable. I mean, you can see through it. There's it's a very nice fence. Um, and I think that likely it would increase property values in the area. I got nothing but um, praise from neighbors that walked the neighborhood when the fence was up. I did put the fence up because there was a previous fence there. And when I called planning and zoning, they said I didn't need u permission to put a fence up. I didn't ask they didn't ask if it was a corner lot and so I was just acting because there was already a fence there. So, all I did was put a new fence up, a much

nicer fence. Um, yeah, I guess that's all I I really have. Commissioners, do you have any questions for the petitioner? Thank you, sir. Thank you. Is there any members from the public that would like to come forward and speak? And um just to confirm you've been sworn in, sir. Great. If you could just make sure you state your name and address for the record, please.

[clears throat]

Yes, my name is uh Tom Krompart and I am a homeowner at 3529 North Missouri which is located right next to Mr. Shaw's residence. Um [clears throat] I remember the day some time ago when Mr. Shaw uh put up the fence and uh which is the topic of today's discussion. I remember really being taken back as to how nice it looked. Looked really nice. Super nice. And I really felt was an improvement to his yard and to the neighborhood. Um I'm here today to offer support and advocate for Mr. Shaw's desire to receive a major variance from the city of Poria to increase the height of his fence. I'm not after kind of hearing some of the things that you had shared uh from what I could understand what you're saying I'm not aware of any hindrance like I said I live it's kind of hard to describe where I live but right next door to him when I come out of my driveway every day you know I have to stop before I get onto Missouri and I look both ways that fence is not an issue for me whatsoever not an issue you can It's like I call it like a rod iron fence, I guess. Just black rods, right? Can see through it easily. I have absolutely no issue with it. Um I'm not aware of any other issues that neighbors have with it. Um I would be disappointed if you uh ruled against him. I think it's again, I sincerely mean this. I think it's a it's a beautiful fence. I think it really makes things look nicer uh in our area [clears throat] and I know he's put a lot of hard work into it and I don't know the backstory that he shared a little bit of the backstory. I feel too if that's true

that there should have been more on the city's end to give him a heads up that you know he can't have that high of a fence. I don't really know the story. I don't know the backstory, but if that is true, I think he should have been given more information on that. So, anyhow, that's um I I I I just think it's I would be disappointed if you voted against what he what he would like to do. I don't see any again, sorry, I'm repeating myself. I don't see any hindrances, any issues. I think it's beautiful. It looks really nice. Uh sincerely mean that. So, I hope you will grant Mr. Shaw his request. Thank you.

Is there anyone else present that would like to speak on this? I have um I received one comment um submitted to the city. Um so this is uh submitted by Phil Hopkins and he writes, "I am writing a brief note to express my disapproval with the major variance of Mr. Shaw's property located at 307 East Ember Place. My opposition is due to the poor and unique aesthetics it would cause and have on our neighborhood. Thank you for your consideration. Thank you. Anybody else? Is that what you just read? Um I read to assume they're a neighbor, right?

Um he does list his address here at 3504 North Missouri Avenue. Um which I think is [clears throat] south of Ember. All right. Thank you.

Okay. If nobody else wants to speak on this from the public, u we will go into deliberations. Commissioners, um I I tend to agree with the petitioner that the uh um there was a fence there. It may not have been approved, but I think that it's an improvement in both the the look um allowing for more transparency that you can see through it and it is further set back than the than the old one. Um and we have Yeah, I'll stop there. Probably voting for this one. Thank you. [clears throat] Mr.

I would like to uh echo uh Commissioner Rue. Um it seems like the applicant's uh being considered of his neighbors. Uh there was a six foot fence there pre previously. Um there is no complaints before this point. Uh it's a high quality fence. Um it makes the backyard more usable which is a safer environment for his children and it also matches uh the material and shape and form of other fences in this neighborhood. Uh so I'll likely be approving this uh moving forward. Thanks.

I would also echo that statement. I work my office is very close to your home and I drive down Missouri regularly and yeah, I see no issue with it myself either. So, Commissioner Sharp, do you have anything you'd like to add? Okay, we'll move on to our findings of fact then. This is a major variance because the height exceeds 20% of the minor variance. Um, so the first finding effect is the property in question cannot yield a reasonable return if permitted to be used only under the condition allowed by the regulations in that zoning district. True or false? Roll call, please.

True. Thomas, true. True. True. The plight of the owner is due to unique circumstances. True or false? Roll call, please. True. True. True.

I also find it true. The variation, if granted, will not alter the essential character of the locality or be injurious to the public or other property or properties. True or false? Roll, please. True. True. True. True. All three findings effect have been found to be true. Have a motion.

A motion to approve the applicant to increase the height of the fence in his front yard from 3 feet to 5 feet. Second. Motion by Colton uh by Commissioner Thomas to approve the varian seconded by Commissioner Rue. Have a roll call, please. Yes. Yes. Yes.

Yes. Congratulations. Your uh variance has been approved. Good luck. Okay. Uh, next would be the citizens. Oh, you're good. [laughter] The last agenda item would be the citizens opportunity to address the commission. Is there anyone here who would like to address us? Seeing none, I would entertain a motion to adjurnn. If somebody wants to do that, I move to ajourn. Second.

All in favor say the same. I I We'rejourned. There is some stuff here.