Board of Adjustment - Regular Meeting

You can't leave. Hey.

All right, guys. All right, we're going to go ahead and call the uh December 2025 uh board of adjustment meeting to order. And uh if you would take the role there, Mr. Miller here, Mr. Stout here, Cummings here, clear here. Cthum. We have a quorum. All right. Okay. All right. the uh [snorts] the minutes from uh the October meeting. I'll entertain a motion to motion to approve. Okay, we have a motion and a second to approve the minutes from our October meeting. All those in favor of no saying I. I.

Any opposed? Hearing none. Motion carried. All right. No unfinished business. Let's get on to some new ones. We have a special use permit to allow daycare family care family care family or family home in an R1 zone. That may that may be the um Sorry. My bad. My bad. That was my fault. I was going off my own notes. My fault. Sorry about that. He was just checking us. Yeah. Right. Make sure everybody was awake. Right. Right. Right.

All right. Okay. All right. got uh we have a variance from article 3.22.6 regarding parking lot layout and articles 5.8.4 and 5.7.2 regarding landscaping located at 916 North Arkansas Avenue submitted by Brahms Incorporated. Gavin, you have staff report on that?

Uh yes we do. Um this variance is actually going to be presented by our um college student interns um Haley and Blake. Um and they're going to take it away from here. Hello everyone. My name is Haley. Um, and I will be going over the first portion of the Haley Greer. Yes, Haley Greer. So, sorry. Um, and I'll be going over the, um, first half of the Brahms um, variance. So when reviewing the variance um we realized that those that need to be addressed um is that the applicant demonstrates special conditions and circumstances that um do exist um which are peculiar to the land structure or building involved um and are not applicable to other land structures or buildings in the same district. Um no non-confirming use of neighboring land structures or buildings shall be considered grounds for issu excuse me issuance of a variance. The board of adjustment shall further make the finding that the reasons um of the application justify the granny of the variance um and that the minimum variance make possible the reasonable use of land building structure. Um board of adjustment should shall further find make a finding that the granny of the variance will be in harmony with the general purpose and intent of the zoning code. Um and granting any variance the board of adjustment may prescribe appropriate conditions safeguards in conformity with the zoning code. And then lastly, no under no circumstance shall the board of adjustment grant a variance to allow a use not permissible under the terms of this code. So the variance today is at 916 North Arkansas Avenue. Um it is variance 112500692. Um it is with Bronms Incorporated. Um and as of right now in existing um conditions um the property is within the city mall commercial district um which

is a proposed site of a new restaurant with a drive-in and um through on site that is currently a vacant lot. Um it's in a C4 zoned property surrounded by R3 properties um including single family and multifamily homes as well as C2 properties including restaurants and banks. So, some of our review comments. Um, this application is for three variance requests all at the same location. The first that I'll be talking about is um to allow customer parking be placed at the front of the principal parking or principal building. Um, as well as the abuing street to separate the foot traffic from vehicular traffic. Um, this is because along with the restaurant, it is also partially a grocery store. Um, so being able to separate um the foot traffic from going into the grocery section of the store along with the vehicular traffic of the drive-thru section um allows for better safety and um easil uh easy conditions for customers. Um and then at the rear of the building, um additional parallel parking is created for employee use only. Next, plake. Hello, I'm Blake Huffman. I'll be wrapping up the variance here. And for the second request from Bronze Incorporated is to vary from the street frontage buffer minimum requirement along North Arkansas Avenue. And this is to allow for a 4ft buffer rather than a 10-ft buffer. And reducing the side of the street frontage buffer here would allow for deliveries to be made by 18-wheelers as this is a grocery aspect to this business as well. And this would help with the reduction would allow for the vehicle to safely maneuver without concerns for any other vehicles parked there and help create a safer environment for both foot and vehicular traffic through the business when there

are no deliveries at the time as well. And the final uh request here is for a street trees requirement along both North Arkansas Avenue and North Boston Avenue. And this is to allow shrubs as substitutions for missing trees. And this is due to there being utility lines located along the site by North Arkansas Avenue in which having these trees for the requirement would put these utilities at risk. And so having shrubs would help reduce any damage to these lines. And in North Boston Avenue, it has both an underground gas line and overhead power lines in the area. And by using these shrubs as substitutes, these utilities will remain intact and the visage of the building will still hold significance. And our recommendations are that it is staff's recommendation that the board of adjustment approve this variance request with the following conditions. that for one with condition that applicants plant shrubs and or smaller trees within the buffer zones. And based on the findings below, the applicant has demonstrated that special conditions do exist and the applicant has met all other variance requirements. And if there are any questions, we will take them.

Thank you, commissioners. What's your uh what's your pleasure here? Any questions for anybody or what's your I move we approve the variance request with conditions as spelled out for the shrubs. Second. All right, we have a motion and a second to approve this variance with the restrictions that were recommended. All those in favor saying I. I. Any opposed? Hearing none. Motion carried. We have no further business. We are journed.