2026-10-14 - City Planning Commission

00:00:57.50] >> We're gonna start just a

00:00:58.67] couple moments. If anyone is

00:01:00.54] here to speak on a particular

00:01:01.84] item, there are sign up sheets

00:01:02.48] on the table here in the

00:01:05.38] hallway. So if you do wish to

00:01:06.52] speak, please sign up to do

00:01:20.73] so.

00:01:42.49] Okay. Good morning. The

00:01:43.22] Colorado Springs City Planning

00:01:43.92] Commission public hearing for

00:01:44.56] OCTOBER 14th 2026 is now

00:01:48.73] called to Order. The Planning

00:01:49.80] Commission is comprised of 9

00:01:51.35] members appointed City Council

00:01:51.73] tribute, various development

00:01:54.13] applications and proposals.

00:01:55.27] Planning commissioners are

00:01:55.90] community volunteers with

00:01:56.50] expertise across a wide

00:01:59.10] variety of areas. Each

00:02:00.74] commissioner acts

00:02:01.61] independently and carefully

00:02:02.31] assesses all the information

00:02:03.48] and evidence presented to make

00:02:05.68] their decisions. Our

00:02:08.72] procedures and ground rules at

00:02:09.98] the city planning staff

00:02:11.75] facilitates the process for

00:02:13.52] planning applications. This

00:02:14.16] commission reviews those

00:02:14.82] applications and proposals

00:02:18.64] governed by city code. Some

00:02:19.26] applications are considered

00:02:20.20] quasi judicial or the planning

00:02:21.80] Commission is the final

00:02:23.53] decision authority. And for

00:02:24.10] others, the planning

00:02:24.83] Commission is a recommendation

00:02:27.44] body to City Council. For

00:02:28.10] items presented on today's

00:02:30.37] agenda. Our procedure is as

00:02:31.94] follows. City planning staff

00:02:33.74] will give a presentation on

00:02:35.17] the application. The applicant

00:02:35.95] will have up to 30 minutes to

00:02:38.35] present details of the

00:02:40.45] application for any items that

00:02:41.19] are being heard on appeal. The

00:02:41.85] appellant and the applicant

00:02:44.12] will be given equal time.

00:02:45.29] Public comment will be taken

00:02:46.96] after these presentations

00:02:48.56] starting with public comments

00:02:50.33] in support of the application

00:02:51.10] filed by public comments in

00:02:53.60] opposition of the application.

00:02:54.23] Each citizen will have 3

00:02:56.84] minutes to speak and please

00:02:57.97] keep comments, brief and focus

00:03:00.44] on the issue at hand and

00:03:01.17] respect Other attendees rights

00:03:01.81] to both listen and to be

00:03:04.98] heard. Once public comment is

00:03:05.68] complete, the applicant will

00:03:06.38] have a rebuttal period of 10

00:03:08.25] minutes to respond to respond

00:03:12.15] and address any comments. At

00:03:13.15] the conclusion of the

00:03:13.79] applicants rebuttal. The

00:03:14.49] discussion will move back to

00:03:15.12] the Dias for commissioner

00:03:18.26] consideration. Commissioners

00:03:19.99] MAY ask questions of city

00:03:19.83] staff, the applicant and other

00:03:21.16] city bodies are

00:03:21.86] representatives. The

00:03:22.56] commissioners will not engage

00:03:23.27] in questions or dialogue with

00:03:25.50] the public. Throughout the

00:03:26.87] hearing. We will ask that.

00:03:29.97] Each member of the public

00:03:30.54] conduct themselves

00:03:31.37] respectfully and understand

00:03:32.11] that others MAY have different

00:03:35.18] views from your own

00:03:35.91] disrespectful words or actions

00:03:37.38] speaking out of order would

00:03:38.53] not recognized by the chair

00:03:38.75] and the use of profanity will

00:03:41.32] not be tolerated. And those in

00:03:41.95] violation MAY be asked to

00:03:45.16] leave the hearing. So much.

00:03:45.79] Can you do our roll call,

00:03:51.50] please. Commissioner Robbins.

00:03:54.13] Commissioner Clements.

00:03:56.20] Commissioner. Anna

00:03:58.84] commissioner will be? Vice

00:04:03.71] chair case. Commissioner Angle

00:04:06.71] here, Commissioner Cecil.

00:04:10.12] Commissioner Egbert here chair

00:04:10.78] Hensler here. Thank you. We

00:04:15.22] have 8 members present. Are

00:04:16.94] there any changes or

00:04:18.99] postponements? 2 items to

00:04:19.66] items on today's agenda by

00:04:21.16] city staff? But other

00:04:28.54] commissioners. Next on our

00:04:30.64] agenda is communications

00:04:32.79] really don't have any

00:04:32.71] communications. You all a

00:04:33.34] happy fall. Halloween is

00:04:38.78] coming. MR. Walker.

00:04:39.48] >> just want to know what you

00:04:43.59] did with fall. Wynter I were

00:04:45.29] orange and brought on fall. I

00:04:48.13] don't know. Used up most of my

00:04:51.50] my announcements last week,

00:04:52.63] but but to learn to save some

00:04:55.10] for formal meeting. Do have a

00:04:56.50] couple of things we are

00:04:57.10] working on next month's

00:05:00.67] agenda. Where we will have a

00:05:03.68] fairly substantive appeal

00:05:05.85] scheduled. And that's another.

00:05:09.28] Data center like issue. And so

00:05:09.98] we will be working on trying

00:05:12.55] to figure out how to make. All

00:05:13.39] of those things work together

00:05:14.92] at your regular meeting next

00:05:17.82] month. So we'll keep abreast

00:05:19.59] of any changes or any special.

00:05:24.10] Requirements. Then. We are

00:05:25.47] also working closely with the

00:05:28.64] attorneys office to get. Some

00:05:33.14] additional assistance for udc

00:05:33.81] code changes. So you'll be

00:05:34.61] seeing some of those things

00:05:35.34] start to roll through planning

00:05:40.98] Commission. Little bit and

00:05:41.88] we're hoping to get through

00:05:42.55] that through a lot of the

00:05:43.25] phase. One things into phase

00:05:46.79] 2. By first and 2nd quarter of

00:05:47.49] next year. So hopefully will

00:05:48.76] be. Moving forward with a lot

00:05:54.10] of that. We are also proposing

00:05:54.80] to go work to a process to do

00:05:59.14] some data. Center changes to

00:06:01.47] our code. As you requested as

00:06:02.14] you directed. Also, council

00:06:06.75] did the same thing. And so we

00:06:07.38] are starting a process by

00:06:08.31] which we can start to actually

00:06:10.98] define what a day centre is

00:06:12.55] first and then start to work

00:06:13.29] through some of the code

00:06:13.85] changes or some code

00:06:17.66] additions. That reflect some

00:06:18.32] of the new things that are

00:06:19.33] going on in that particular

00:06:20.31] industry. So you'll be seeing

00:06:22.53] some of that. Come forward,

00:06:23.20] what we are going to use is

00:06:28.84] the udc code. A committee

00:06:30.71] that's work that's already

00:06:31.54] been established. Commissioner

00:06:35.31] Angles on that committee. And

00:06:36.28] so you'll start to see some

00:06:38.25] additional tasks and where

00:06:40.54] load from that particular.

00:06:45.52] Committee City Council is

00:06:46.49] working on the budget. So if

00:06:47.99] you have a calling to city

00:06:48.69] council, sometimes they don't

00:06:49.39] call back and thus the month

00:06:53.13] of OCTOBER. So they are having

00:06:53.80] hearing, I think that today

00:06:57.10] and tomorrow. On on their

00:06:58.54] budget, on the budget items.

00:07:00.67] Luckily so far we have not

00:07:02.14] been call to talk about any of

00:07:04.41] our budget. So that's in my

00:07:05.81] parlance. That's probably a

00:07:09.38] good that's a good thing. So

00:07:10.87] hopefully the budget will go

00:07:10.72] through without a lot of

00:07:15.15] changes to our. Specific asks.

00:07:17.46] That concludes my comments.

00:07:20.33] Thank you, sir.

00:07:21.43] >> All right. Let's move on to

00:07:24.87] approval of the minutes. So

00:07:25.53] and if you could read those

00:07:29.67] items into the record.

00:07:31.43] >> I am for cpc 2, 7, 5, 0

00:07:34.14] minutes for the SEPTEMBER 3rd

00:07:34.74] 2026 work Session. City

00:07:40.53] Planning Commission meeting.

00:07:40.75] >> anyone have any changes or

00:07:42.15] at its the minutes? Are kids

00:07:42.88] not? Can we have a motion in a

00:07:53.70] second?

00:07:54.76] >> Commissioner will be motion

00:07:55.47] to approve the minutes. Read

00:07:57.40] into the record.

00:08:33.70] >> Commissioner Kevin

00:08:33.84] seconded. The motion passes

00:08:33.98] unanimously. Item 4 of the cpc

00:08:34.12] 2, 7, 5, 1, minutes for the

00:08:34.27] 9/9/2026, City Planning

00:08:34.43] Commission meeting.

00:08:34.57] >> I do have one revision to

00:08:34.72] that and And the commissioner

00:08:34.87] Egger. Sorry, one revision

00:08:35.27] under comments under the

00:08:35.51] Wagner project. I think it

00:08:36.14] auto corrected radius to

00:08:41.85] radio. And I know that's

00:08:42.68] probably a small item, but I

00:08:44.52] just want to point that out.

00:08:45.25] >> Carson engineer would catch

00:08:56.70] that.

00:08:57.83] >> So I think that we can

00:08:58.87] probably entertain a motion

00:08:59.60] with those changes requested.

00:09:01.44] If. If you for that

00:09:04.68] sufficient. JULY to make a

00:09:12.58] motion. Commissioner Albee

00:09:13.22] recommend to approve the

00:09:15.69] minutes with that. Correcting

00:09:24.13] the word radius radio. What

00:09:25.36] Correcting radio to radius and

00:09:26.36] otherwise as read into the

00:09:28.57] record. Commissioner clip is a

00:09:42.55] second. It. The motion passes

00:09:48.26] unanimously. Thank you all for

00:09:48.96] reading the minutes. And for

00:09:51.56] those approvals. Next, a live

00:09:54.40] on to our consent calendar

00:09:55.60] items on the consent calendar

00:09:56.50] will be acted upon as a whole

00:09:58.57] without further public comment

00:09:59.40] or discussion.

00:09:59.87] >> Unless a specific items

00:10:01.74] called off the consent

00:10:03.64] calendar. The Planning

00:10:04.37] Commission takes action on the

00:10:05.11] consent calendar with a single

00:10:06.41] vote without further

00:10:07.71] discussion items called off

00:10:08.65] the consent counter will be

00:10:09.45] heard immediately after the

00:10:10.15] rest of the consent calendar

00:10:13.99] is decided upon. So can you

00:10:14.65] read this record that I was

00:10:20.63] into the record, please.

00:10:22.93] >> Item 5 agency udp Dash, 2,

00:10:24.10] 6, Dash, 0, 0, 1, 3 excited

00:10:28.50] crops. Conditional use. Item

00:10:29.97] 5. The ceo Andy Dash, 2, 6,

00:10:31.37] Dash, 0, 0, 1, 5 Veterans

00:10:35.28] Villa. Some change. Item 5

00:10:38.91] seen see udp Dash, 2, 6, Dash,

00:10:39.71] 0, 0, 1, 2, Beilein Instant

00:10:43.65] Oil change. Conditional use

00:10:44.99] and item 5g and va are those

00:10:47.86] 2, 6, Dash, 0, 0, 1, 1, for

00:10:49.59] 11, West Beaches, street

00:10:52.98] fence, height, variance.

00:10:55.26] >> Does any member of city

00:10:56.20] staff wish to call an item off

00:11:00.60] the consent calendar? Does any

00:11:01.57] member of the public wish to

00:11:02.24] call any of these items the

00:11:08.68] consent calendar? Just any

00:11:09.38] planning commissioner wish to

00:11:10.85] call any item off the consent

00:11:13.15] calendar.

00:11:13.82] >> Commissioner, will it be

00:11:15.24] like to pull item 5, the

00:11:21.49] consent calendar?

00:11:22.76] >> Great. We will pull that

00:11:25.33] for active discussion. And

00:11:26.20] like to have a motion and

00:11:26.80] second for the rest of the

00:11:38.18] consent calendar than I moved

00:11:41.86] to a

00:11:42.25] >> approved. The consent

00:11:43.98] calendar items. 5, a fi be in

00:11:44.59] 5. See as read into the

00:11:48.86] record. Commissioner Cecil,

00:11:52.39] that was. Commissioner will be

00:12:07.51] a second.

00:12:12.20] The motion passes

00:12:14.95] unanimously. Ok, thank you.

00:12:16.12] >> Given the item Friday was

00:12:18.56] pulled from consent. We are

00:12:19.22] going to hear that now and

00:12:20.63] then we'll move into the rest

00:12:21.53] of unfinished and new business

00:12:29.53] for the day. And good morning.

00:12:30.47] >> Good Morning. Council

00:12:32.20] commission members could see

00:12:34.34] this morning. I'm even

00:12:37.14] Schaefer raise they and he

00:12:37.81] pronouns. I'm here today to

00:12:38.54] talk to about 4.11, West beat.

00:12:39.24] You street the fence, height

00:12:53.39] variance.

00:12:55.86] Bear with me one

00:12:56.53] moment figure out there go.

00:13:03.21] Perfect. So this property is

00:13:04.44] located at 4.11, West Street

00:13:05.78] property is Zoned r 2 to

00:13:10.31] family. The site is about

00:13:11.55] 9,500 square feet in size. And

00:13:12.18] it currently is a single

00:13:12.92] family residential use with 2

00:13:13.65] single family homes located on

00:13:16.65] the property. Applications for

00:13:21.79] non use variance. This non use

00:13:22.83] variance and is requesting

00:13:25.00] approval to allow an existing

00:13:25.66] six-foot ornamental wrought

00:13:28.27] iron fence within the front

00:13:29.77] setback area or Mac. Some high

00:13:31.60] of 4 feet is permitted via the

00:13:35.61] code this fence was installed.

00:13:36.51] I within the last 22 years.

00:13:38.81] Th is an active code

00:13:39.91] enforcement case and that's

00:13:40.65] occurring. And this is why has

00:13:43.48] come to us today requesting to

00:13:44.75] and keep that fence where only

00:13:47.82] a 4 foot would be permitted.

00:13:48.99] Up on the screen. You can see

00:13:50.82] the site plan that shows where

00:13:51.56] this fence is located at the 6

00:13:55.10] foot height. That isn't

00:13:55.76] located in the red. You can

00:13:58.37] also see where they've

00:13:58.73] included the pedestrian gate

00:13:59.47] in the vehicle keys as well in

00:14:00.20] the blue in green there on the

00:14:02.57] screen. And the yellow that

00:14:04.84] you see is the existing 6

00:14:05.57] chain-link fence. It exists on

00:14:13.38] the rest of the property. This

00:14:14.55] property is part of the parish

00:14:16.62] edition of 18. 74 includes to

00:14:17.22] long-term rental homes

00:14:20.99] renovated in 2023. This block

00:14:21.62] does not function like a

00:14:23.69] typical are 2 to family

00:14:24.33] neighborhood. It's this

00:14:25.67] property itself sits between a

00:14:27.87] law office in a church which

00:14:29.10] means reduced evening or

00:14:30.74] weekend activity and that's

00:14:32.80] natural oversight by

00:14:32.70] neighboring properties. As if

00:14:33.34] you had someone living in

00:14:34.77] residential homes next to this

00:14:37.21] property. It's French along

00:14:38.24] West Peachtree Street puts

00:14:40.35] high traffic transitional

00:14:41.18] corridor that has become

00:14:41.85] pedestrian movement between

00:14:44.25] downtown and the Westside. The

00:14:47.22] owner has documented ongoing

00:14:48.22] issues over several years,

00:14:49.82] including vandalism, theft to

00:14:50.56] break-ins port occupations and

00:14:52.97] nighttime trespassing, tied

00:14:53.46] directly to the properties,

00:14:54.16] open exposure to the right of

00:14:54.83] way there along West Bush.

00:14:58.87] You. Attempts to solve these

00:15:00.57] issues, include cameras,

00:15:01.90] alarms and increased lighting

00:15:03.77] and also security patrols that

00:15:05.71] were hired by the to go around

00:15:06.91] the block as property owner

00:15:07.61] has a couple other properties

00:15:08.54] around not block as well. And

00:15:12.35] so maybe hired a security

00:15:13.95] patrol but didn't find this

00:15:14.55] was an effective before

00:15:15.22] installing the fence on the

00:15:19.93] property. The 6 foot running

00:15:20.27] open picket fence maintains

00:15:21.86] full visibility will

00:15:22.46] significantly reducing

00:15:23.13] trespassing and restoring a

00:15:23.83] stable living environment for

00:15:32.17] the property. The initials

00:15:32.90] middle of this application was

00:15:35.47] on JULY 24th 2026. It's gone

00:15:36.37] through 3 review cycle Senate

00:15:37.98] was ready for this agenda on

00:15:42.75] SEPTEMBER. 21st of 2026. It's

00:15:43.35] publicly noticed at the

00:15:44.48] initial administrative review

00:15:45.88] stage in prior to this

00:15:46.65] planning Commission hearing

00:15:48.15] today, Postcards were mailed

00:15:50.92] out to property owners within

00:15:52.63] 1000 feet about 224 postcards

00:15:53.93] for each public. Notice

00:15:54.96] occurrence as well posters

00:15:59.37] posted on property. Could this

00:16:00.20] light currently shows that we

00:16:01.10] have one comment received from

00:16:02.94] the public? I did receive one

00:16:03.84] late yesterday as well. Both

00:16:05.27] of those comments were in

00:16:05.94] support of the application.

00:16:07.41] General support the

00:16:09.31] application. And we also

00:16:10.49] received a statement of

00:16:10.98] support from the property

00:16:11.65] manager, the local property

00:16:17.25] manager as well. Staff does

00:16:20.92] find that this application is

00:16:22.32] in compliance with big ideas,

00:16:23.63] visions and strategies of plan

00:16:28.60] c o s. The application review

00:16:29.33] criteria for non east variants

00:16:32.54] are on your screen here. First

00:16:33.24] being that the application of

00:16:34.76] pies with any standards. The

00:16:36.21] Houston part 7, 3, 3, you

00:16:37.17] specific standards. The

00:16:38.44] property has extraordinary

00:16:39.14] exceptional physical

00:16:40.48] conditions that do not

00:16:40.68] generally exist in nearby

00:16:42.15] properties in the same zone

00:16:44.45] district. If the prop that the

00:16:45.28] extraordinary exceptional

00:16:45.88] fiscal condition of the

00:16:47.57] property will not allow recent

00:16:47.75] use of the property, current

00:16:50.19] zone. In the absence of relief

00:16:51.16] and at the granting of nice

00:16:51.76] France will not have an

00:16:52.46] adverse impact on surrounding

00:16:56.13] properties. As staff reviewed

00:16:56.90] this application. I think the

00:16:57.90] biggest things that you'll see

00:17:00.47] my staff report written to you

00:17:01.87] all is the security concerns

00:17:03.47] have been immense on this so

00:17:05.74] much so that they have had can

00:17:06.77] smooth out that or because

00:17:07.51] they've had residents move out

00:17:09.71] at the last minute from the

00:17:11.58] property due to having kids on

00:17:12.41] property and people occupying

00:17:13.15] the porch and when they're not

00:17:15.88] supposed to be break-ins and

00:17:16.55] vandalism when the property

00:17:17.85] has been vacant, especially

00:17:19.99] during renovation. There are

00:17:22.12] multiple break-ins. Some

00:17:23.29] included theft of ac units as

00:17:24.16] well as new appliances in the

00:17:25.33] home that were part of that

00:17:29.87] renovation. So it's been a

00:17:30.90] significant amount of

00:17:32.40] intruders on property and

00:17:32.77] theft and vandalism that staff

00:17:35.11] found to be pretty heavy on

00:17:37.17] this project. The applicant

00:17:38.18] identifies these quite a bit

00:17:38.88] in the project statement and

00:17:43.71] the Our attachment for the

00:17:44.25] security as part of

00:17:47.49] application as well. And is

00:17:48.19] online as well today, too. So

00:17:52.95] he can speak more to that.

00:17:53.83] After a valuation of the 90's

00:17:54.53] variance staff has found that

00:17:55.16] the application meets the

00:17:59.33] review criteria. And I have

00:18:00.40] some available option motions

00:18:02.37] for you up on the screen as

00:18:03.70] well. Do you all have any

00:18:03.60] questions for me before

00:18:04.30] heading off to the applicant

00:18:08.98] to speak on the project?

00:18:09.58] >> Does anyone have any

00:18:12.95] questions for Ethan despite

00:18:13.65] doing here from the applicant

00:18:14.32] first and comment and if so

00:18:16.88] and then okay.

00:18:17.15] >> We'll bring back. Don't go

00:18:18.24] far. Awesome. Eye of Dennis Lo

00:18:18.75] online, the applicant speak on

00:18:20.76] the project. Okay. Great.

00:18:25.65] >> Good morning, MR. Lowe. Can

00:18:34.64] you hear us? We know if we

00:18:38.38] have MR. Lowe.

00:18:39.80] >> Good morning, sir. I was I

00:18:40.48] knew had to get off. Can you

00:18:41.68] hear me ok?

00:18:44.28] >> Yes, we can hear you now.

00:18:44.95] Thank you. And you have We

00:19:00.36] hold on one moment. Please.

00:19:01.23] We're having just a little bit

00:19:03.20] of a technical. Difficulty

00:19:15.58] here in the room. But MR. Liu

00:19:16.28] will have up to 30 minutes to

00:19:18.99] speak so please go ahead.

00:19:26.43] Whenever you're ready.

00:19:27.66] >> Good morning, all just

00:19:27.76] start on this interest slide

00:19:29.63] give you some background on

00:19:30.43] who I am and a little bit of

00:19:34.64] the history the site. First, I

00:19:35.24] just like to thank the

00:19:37.44] Planning Commission for him

00:19:38.51] having me and hearing this

00:19:41.88] application. Also like to

00:19:42.95] mention that even as been

00:19:45.75] great to work with as well as

00:19:47.65] Sean Cope with code

00:19:49.12] enforcement. Then help me on

00:19:49.75] throhout this process and

00:19:53.19] kind of advise me on. You know

00:19:57.00] what information is needed in

00:19:57.70] the best way approach it says

00:19:58.90] it's you know, very smooth

00:19:59.80] process working with the city

00:20:00.47] of the planning commission

00:20:01.40] that has been much

00:20:06.87] appreciated. A little bit who

00:20:08.78] I am.

00:20:10.81] >> I have a name is Dennis Lo

00:20:12.16] and I about a block away in

00:20:12.68] this neighborhood on Walnut

00:20:15.38] Street for 5 years was in the

00:20:18.12] army. That was how got to know

00:20:18.85] this neighborhood. So I have a

00:20:22.19] little bit of history here.

00:20:25.53] I'm part of small family

00:20:27.23] business. We do real estate.

00:20:28.96] We've got 9 units here in the

00:20:29.66] springs all in the West side.

00:20:32.67] Some of them. Within walking

00:20:37.61] distance from this property.

00:20:38.47] And we're primarily in the

00:20:43.98] residential rental business.

00:20:47.55] This property we purchase from

00:20:51.12] some local developers 2022.

00:20:53.42] They had purchased it from a

00:20:57.60] Organization that was using

00:20:59.76] the property for halfway house

00:21:02.70] nonprofit they originally

00:21:05.10] intended to develop the site

00:21:06.30] that didn't work out for them.

00:21:10.80] And so they so that along with

00:21:10.84] some other properties when we

00:21:16.87] took it over. There is quite a

00:21:17.18] bit of deferred maintenance.

00:21:18.38] So we did major renovation on

00:21:19.49] the front house in the back

00:21:22.82] house. And that was the winter

00:21:27.23] of 2022 to 2023. That was a

00:21:30.43] little bit of a nightmare due

00:21:32.30] to the security incidents that

00:21:33.90] we had during that time

00:21:35.24] period. You know, we had about

00:21:39.91] a break ends almost

00:21:40.78] immediately after closing the

00:21:41.94] property, someone came and

00:21:45.25] smashed out. Most of that,

00:21:45.88] ground floor, windows and

00:21:52.60] graffiti, the back house. The

00:21:53.42] course of that winter kind of

00:21:55.29] escalated our security

00:21:56.49] measures from, you know,

00:21:59.63] alarms and cameras actually

00:22:02.38] having to patrols come at

00:22:04.24] night. The patrols are only

00:22:05.87] partially effective as you

00:22:06.57] might imagine. You know,

00:22:08.77] obviously, when they were

00:22:10.18] there, we didn't have any

00:22:11.88] problems. But, you know, as

00:22:12.61] soon as they would leave, then

00:22:17.48] that is when to shoot her. So

00:22:18.89] in addition to that, you know,

00:22:20.59] it's it was fairly expensive

00:22:21.86] to have, you know, in person

00:22:25.66] and security. So we tried to.

00:22:26.99] Have them there at night, at

00:22:29.76] least when it was the worst.

00:22:31.60] And during the daytime, you

00:22:32.27] roll the dice wouldn't have

00:22:39.51] contractors there. So. Once we

00:22:41.21] completed the renovation and

00:22:44.85] 2023, we still had, you know,

00:22:47.54] issues with people coming out

00:22:47.92] of the property, unauthorized

00:22:50.25] people occupying the porch

00:22:53.49] once the property was rented

00:22:55.56] out, that activity died down a

00:22:56.39] little bit just because there

00:23:00.56] was people on site. The final

00:23:05.47] straw was 2024, we had a

00:23:07.44] resident family. That's the

00:23:08.81] couple small kids. And they

00:23:09.64] ended breaking their lease

00:23:12.71] moving out because the

00:23:14.17] persistent people coming onto

00:23:15.78] the porch and occupying a

00:23:18.62] portion and then vacant. And

00:23:21.45] we continue to have you have

00:23:23.32] issues of people coming on the

00:23:24.62] property. The ac condenser was

00:23:29.53] stolen. So that was the final

00:23:32.70] straw. And we felt that

00:23:34.60] putting up the fence in the

00:23:36.74] front really the best way to

00:23:38.91] deter the issues we're having

00:23:41.34] and having it layered on top

00:23:42.14] of security system would be

00:23:44.98] the right approach. It was my

00:23:48.72] fault for not reading code

00:23:49.89] more carefully. I look sort of

00:23:51.65] the general fence standards

00:23:56.56] and so that 6 foot acceptable

00:23:59.40] but didn't go into the weeds

00:24:01.47] you know what applied to the

00:24:02.83] part 2 is owning and setbacks

00:24:04.97] our contractor assured us

00:24:05.84] that, you know, we were good

00:24:07.74] to go and selling this That

00:24:09.14] was a lesson learned for for

00:24:13.88] next time. But I want just

00:24:17.58] mention that because it wasn't

00:24:18.25] our intent to do something

00:24:20.12] that was contrary to code or

00:24:20.72] without going to travel

00:24:27.83] process. So that's that's a

00:24:28.53] brief contacts. Get a little

00:24:29.80] bit more into the context.

00:24:31.36] Once I get to the that

00:24:35.57] discuss. But wed like to talk

00:24:36.67] about a briefly run through

00:24:39.87] the approval criteria and I

00:24:42.64] think this variance needs

00:24:44.16] them. I'm going pull up a map

00:24:47.75] of the area and do a little

00:24:48.48] bit discussion there because I

00:24:49.12] think that provides some

00:24:54.61] helpful context. As I was

00:24:56.63] developing this presentation

00:24:57.23] even inform him that there was

00:24:58.89] feedback from the commission.

00:25:01.23] So all address the 2 points of

00:25:06.60] feedback I was given then if

00:25:09.12] there's any questions, I'd be

00:25:09.29] happy to answer them. I've got

00:25:10.81] a few backups lines as well.

00:25:12.44] That, you know, the security

00:25:16.41] incidents and also some photos

00:25:19.45] of what the current fence

00:25:20.15] looks like on site. Now, just

00:25:21.55] in case anyone has any

00:25:22.39] questions about, you know,

00:25:24.89] curb appeal how it's

00:25:25.59] impacting, you know, the view

00:25:27.29] from the street. So with that

00:25:34.53] next slide, please. Okay.

00:25:40.64] Approval criteria, one. Yes,

00:25:41.34] application complies with the

00:25:44.71] existing keeping it, you know,

00:25:45.71] residential rental property

00:25:47.82] would. We've got the unit in

00:25:51.57] the back. Rent it out. Front

00:25:51.62] unit for 11 currently

00:25:52.45] available for these next

00:25:59.70] slide. Please. Criteria the

00:26:02.36] property. Essex Extra their

00:26:02.70] exceptional physical

00:26:03.30] conditions that do not

00:26:03.93] generally existing nearby

00:26:05.40] properties in the same zone

00:26:07.30] district. This is the one out

00:26:08.90] of going to a little bit more

00:26:10.34] detail because I think, you

00:26:11.79] know, it really hinges on this

00:26:17.35] criteria. So, we're in our 2

00:26:18.42] island surrounded by non

00:26:21.92] residential uses and that I've

00:26:22.65] got 2 slides that impact that

00:26:23.35] a little further next slide.

00:26:31.96] Please. In purple here you'll

00:26:32.66] see 4.11 West Easy, which is

00:26:33.37] the property under discussion

00:26:38.57] are 2 zoning. Everything, most

00:26:40.44] of the properties and the 400

00:26:41.64] block here as well as 300

00:26:42.88] block moving towards downtown

00:26:48.18] are zone to are commercial

00:26:50.22] properties. There's 3 other

00:26:50.88] properties on the 400 block

00:26:56.29] highlighted blue that the used

00:26:58.43] for residential purposes. 2 of

00:27:00.46] them are 2 in one of them And

00:27:01.20] I'll show that on the map Next

00:27:08.34] slide. Please. So this map is

00:27:10.34] showing the 400 block of west

00:27:12.31] these u Street a little bit of

00:27:13.48] context to the west and to the

00:27:16.48] east. So to the east, you've

00:27:20.82] got. The convenience store

00:27:21.52] which you can see just there

00:27:23.29] on the corner of Speer

00:27:25.29] Sunday's you on the on the

00:27:26.95] southeast corner there. And

00:27:29.39] then if you keep east on you

00:27:30.66] cross the bridge that goes

00:27:30.80] over the highway and then

00:27:34.73] you're in downtown as you go

00:27:38.17] west on bees you. You're

00:27:38.84] moving the west side in old

00:27:42.38] Colorado City and after the

00:27:44.91] 400 block moving west,

00:27:49.12] primarily car to residential.

00:27:50.18] And so the 400 block there is

00:27:52.65] is a bit of a transition zone

00:27:53.69] where you know, commercial

00:27:58.63] uses for everything east of

00:27:59.19] 4.11, West. These you

00:28:01.66] highlighted in purple there.

00:28:03.37] And then as you leave the 400

00:28:08.48] block, you're getting into

00:28:08.74] more residential uses. Looking

00:28:09.37] at 4.11, West. These you

00:28:14.34] specifically. Immediately to

00:28:17.52] the east. We've got a vacant

00:28:17.75] lot there with that with the

00:28:20.55] basketball court that you can

00:28:21.56] see.

00:28:21.79] >> And that immediate neighbor

00:28:24.15] to the east of that on the

00:28:25.26] corner of spruce and beat you,

00:28:29.33] there is peak few church.

00:28:31.83] Across the street on bees you

00:28:32.56] immediately across is a urgent

00:28:36.34] care facility. And then our

00:28:39.30] neighbors to the west. There

00:28:40.61] are a of our law office that's

00:28:45.45] currently for sale.

00:28:46.81] >> And physical therapy

00:28:47.55] office. And one thing I'd like

00:28:50.42] to point out is that. That

00:28:51.62] parking lot that shared

00:28:53.95] between the law office in the

00:28:54.79] physical therapy office there

00:28:58.53] immediately to the West an

00:29:02.40] open lot insecure. I been out

00:29:04.27] there that night on numerous

00:29:05.70] occasions and there's a lot of

00:29:06.40] traffic that circulates, you

00:29:08.17] know, from the shoe through

00:29:09.42] that parking lot down to the

00:29:13.88] alley in the back. You know,

00:29:15.41] anyone can access the fence

00:29:17.11] line between the 2 properties.

00:29:22.25] You know, its there's really

00:29:24.35] no eyes on that lot. And

00:29:25.16] pretty quiet there at night.

00:29:25.79] Aside from the people you

00:29:27.59] know, use it for circulation

00:29:29.93] or other activities. And so

00:29:33.40] that that's been a big concern

00:29:38.17] immediately to the West and

00:29:39.75] Yeah, a lot of people coming

00:29:41.78] down the issue at all hours.

00:29:42.11] And, you know, without that

00:29:44.48] fence there, you kind of

00:29:45.48] potential access points to the

00:29:46.41] property on, you know, 3 to 4

00:29:53.19] sides. And there is really no

00:29:53.85] no one out there keeping an

00:29:54.59] eye on the street. And there's

00:29:55.29] not a lot of activity, you

00:29:58.63] know, because that whole

00:30:01.83] corridor kind of goes dark of

00:30:04.73] night. And, you know, with

00:30:05.43] with the convenience store in

00:30:06.71] the liquor store there on

00:30:06.73] Spruce Street and then the

00:30:10.24] urgent care across the street.

00:30:13.34] You do get a lot foot coming

00:30:15.94] through that neighborhood

00:30:16.68] That's that's been a source of

00:30:21.42] the problem. What I'll mention

00:30:24.22] about the other 3 residential

00:30:25.25] uses on the property they're

00:30:28.13] kind of clustered there. So

00:30:31.29] you've got 4.25. In 4.23,

00:30:32.33] their neighbors. You've got

00:30:35.67] 4.22. Across the street. So

00:30:37.57] they've got a little bit more

00:30:38.87] visibility into each other, a

00:30:39.74] little bit more activity at

00:30:42.12] all times of day. They've also

00:30:47.78] got a little bit a buffer away

00:30:49.92] the heavier commercial uses to

00:30:52.56] the east. You know, they're

00:30:53.52] entering into that transition

00:30:55.25] zone. Our 2 across Walnut

00:30:57.99] Street. So we really are an

00:30:58.63] island at 4.11. And even

00:31:00.56] though, you know, a couple

00:31:01.26] properties in between doesn't

00:31:04.70] seem like a lot. It does make

00:31:06.38] a difference, especially when

00:31:06.67] you're talking about, you

00:31:09.94] know, at night and, you know,

00:31:12.78] people attending here that

00:31:14.47] again, you have paid attention

00:31:15.11] to those areas that that they

00:31:15.74] go dark of night. So next

00:31:24.39] slide, please. So that's the

00:31:25.59] physical context. And then

00:31:27.36] that leads into criteria So

00:31:29.97] the extraordinary condition,

00:31:30.31] which is us being residential

00:31:34.87] island there. Will not allow

00:31:35.87] reasonable use of the property

00:31:36.90] its current zone in the

00:31:40.84] absence of relief. So. The 4

00:31:42.47] foot fence standard in the

00:31:43.11] front that is, you know,

00:31:48.61] really? Intended for purely

00:31:49.88] residential neighborhoods.

00:31:50.72] Assuming that residential

00:31:52.65] buffering and kind of the

00:31:54.19] inform all eyes on the street

00:31:54.85] that you would get a normal

00:31:57.76] residential neighborhood. You

00:31:59.83] know this, this neighborhoods

00:32:00.83] a little bit more mixed. You

00:32:01.46] said a little bit more of

00:32:07.90] hybrid. So don't have the

00:32:08.80] conditions at a normal

00:32:09.54] residential neighborhood would

00:32:10.20] have wished which which is

00:32:10.80] where you would see the

00:32:14.64] four-foot standard. As I

00:32:17.51] mentioned before, isolated

00:32:18.61] between non residential uses.

00:32:21.58] I believe that it's that

00:32:22.28] isolation, specifically that

00:32:24.65] you know, really been the

00:32:28.36] cause of our security problems

00:32:29.96] because as far as I other

00:32:30.46] properties on the street have

00:32:33.13] not had the same level of

00:32:35.73] issues. And so I think the

00:32:37.83] unique location where we've

00:32:39.90] got, you know, nighttime

00:32:40.60] circulation through that you

00:32:41.64] can secure parking lot to the

00:32:45.71] West. You know, the law the

00:32:46.51] church to our east as well as

00:32:50.15] the other commercial uses of

00:32:50.78] kind of created a unique

00:32:57.96] condition. One other aspect

00:32:58.69] possibly what they did is just

00:32:59.66] the specific history. This

00:33:04.73] house itself. Which is not

00:33:05.57] shared by their properties on

00:33:07.67] the It was halfway house for a

00:33:11.41] long time. On a few of our

00:33:15.81] break-ins, we had. Whoever did

00:33:17.82] it go to specific locations in

00:33:19.21] the House, for example, you

00:33:19.91] know, they they went up to a

00:33:24.12] room on the upper level. You

00:33:25.91] have broke into the wall and

00:33:26.72] found a panel that I didn't

00:33:27.46] even know was there and opened

00:33:29.46] it up. And so I have no idea.

00:33:32.23] Why they did that or what MAY

00:33:33.16] have been behind there. But it

00:33:33.76] sounded like, you know,

00:33:36.70] someone. Was aware of that

00:33:40.40] location. And so it's possible

00:33:43.37] that kind of history of this

00:33:44.58] site, it's also led to some,

00:33:46.14] you repeat people coming back

00:33:47.49] who have familiarity with the

00:33:51.22] property. And so you know,

00:33:53.69] directing the fence, our

00:33:57.66] problems of gun way down

00:33:59.32] because I think that extra

00:34:01.59] layer of deterrence was was

00:34:03.66] the chief for And, you know,

00:34:05.20] been happy with it since since

00:34:05.67] defense. Gotta next slide.

00:34:14.78] Please. Criteria for the

00:34:16.48] granting of the 90's. Variance

00:34:17.68] will not have an adverse

00:34:19.85] impact upon this reading

00:34:22.21] properties. I wholeheartedly

00:34:23.38] believe this. We did not

00:34:24.32] receive any opposite any

00:34:24.99] opposition to my knowledge

00:34:25.62] during the public comment

00:34:30.36] period. We got one letter in

00:34:30.96] support. It sounds like

00:34:31.69] another one might have come in

00:34:37.33] at the last minute. This fence

00:34:39.37] doesn't interfere any of local

00:34:40.37] businesses of in the conduct

00:34:43.47] of their business. It doesn't

00:34:44.21] negatively or adversely impact

00:34:49.55] use of their property. It

00:34:50.55] really is all the way to

00:34:51.28] provide an additional layer of

00:34:52.42] security for for this

00:34:53.88] residential property. Next

00:35:00.43] slide, please. So now address

00:35:03.46] that commission feedback that

00:35:05.46] that I was given. And so if

00:35:06.47] there's any other feedback,

00:35:07.40] I'd I'd be happy to go into

00:35:08.73] that as well. But here's

00:35:10.17] here's what I as we going to

00:35:14.45] publication on this. So

00:35:16.78] concern if the variances

00:35:18.16] granted what I then later

00:35:19.28] decide to install a six-foot

00:35:19.78] fence that has no

00:35:24.92] transparency. I can

00:35:25.99] wholeheartedly say I would And

00:35:29.12] the reason you know, there's a

00:35:31.79] lot of benefits to the open

00:35:33.16] ticket design that we

00:35:35.93] currently It does serve 3 big

00:35:37.13] things all at once, which is

00:35:41.10] which is what is needed. You

00:35:41.80] have visibility into and from

00:35:44.78] the property. So, you know, if

00:35:46.24] that's helpful for security,

00:35:47.14] you know, driving by are doing

00:35:47.91] a check. You can you can see

00:35:49.61] into the property through that

00:35:51.71] fence. It's also good for the

00:35:53.55] people who live there because

00:35:54.79] you can actually see out of

00:35:56.22] the property and see what's

00:35:56.92] going on the street you know,

00:36:02.59] not have an obstructed view.

00:36:03.53] The fence you know, Colin and

00:36:06.96] strong enough to deter access.

00:36:07.67] No trespassing and vandalism.

00:36:12.44] Most of the time especially

00:36:13.57] with the trespassing in the

00:36:14.37] port traffic occupation. It's

00:36:15.84] it's it's something that's

00:36:18.15] just opportunistic where if

00:36:19.81] it's if it's easy access,

00:36:20.95] people will not hesitate. But

00:36:22.75] if there's just that layer

00:36:26.72] there, that'll that'll do it

00:36:29.26] and the tickets open prevented

00:36:33.39] that. And so finally. That

00:36:35.33] open pick a design is probably

00:36:36.20] the most. You know, that's

00:36:39.63] that pleasing of the options.

00:36:40.27] You know, it's certainly

00:36:42.60] better than It's, you know,

00:36:44.71] better flat So, you know, it

00:36:48.74] MAY not be, you know.

00:36:49.45] Everyone's taste, but I I do

00:36:52.68] think that you know, certainly

00:36:53.92] not nice or indeed of the

00:36:55.89] options. One of the more

00:36:57.96] appealing. And that's

00:36:58.99] something that we do care

00:37:00.12] about. You know, we were

00:37:01.53] trying to have a good impact

00:37:02.26] of this neighborhood and in

00:37:02.96] with the plane to be here for

00:37:04.43] a while. So can we. We care

00:37:05.13] about how the house looks as

00:37:10.90] well. And then finally cost us

00:37:13.27] almost $10,000 to install this

00:37:17.28] fence. I really would not want

00:37:20.18] to tear it down. You know, in

00:37:20.85] addition and not wanting to

00:37:21.55] tear it down, I wouldn't want

00:37:23.18] to spend another potentially

00:37:27.52] $10,000 reward to put another

00:37:28.49] type of fencing. So that would

00:37:31.33] include 6 foot tall, opaque

00:37:36.20] fence. And finally, it would.

00:37:36.70] It would make the commission

00:37:39.47] feel better. I'd be happy him.

00:37:40.17] Provide something in writing

00:37:41.60] to be effective that, you

00:37:42.90] know, all not installed opaque

00:37:45.11] fence. That you know the

00:37:50.71] helpful next slide. Please.

00:37:51.41] The second piece of feedback

00:37:55.79] was. If this variance is

00:37:56.62] approved, it could create a

00:37:57.65] slippery s#

00:37:57.81] #

00:37:57.93] #

00:37:58.64] #

00:37:58.29] for nearby

00:37:59.92] properties to request similar

00:38:03.76] variants and I think that

00:38:08.70] that's probably low risk. The

00:38:08.80] physical condition of the

00:38:09.73] property is unique. As I

00:38:13.64] showed on the map, it's really

00:38:14.34] the only one that's isolated.

00:38:18.61] The wait is on the 400 block,

00:38:19.31] you know, nonresidential uses

00:38:22.85] on both sides and across the

00:38:23.55] street. You've got that large

00:38:24.22] folk in parking lot. On the

00:38:27.69] one side. So that that that

00:38:30.12] leads to the inadequate

00:38:34.66] residential And, you know, the

00:38:34.73] isolation and site history

00:38:35.40] that has contributed to the

00:38:39.70] incidents. The commercial uses

00:38:41.64] are about 70% of the 400

00:38:43.57] block. There's really only 3

00:38:45.67] other properties on that block

00:38:46.78] which showed on the map that

00:38:47.48] could be potential applicants

00:38:50.98] for a similar variants. I

00:38:51.58] think there's a strong

00:38:54.88] argument that those properties

00:38:55.54] don't have constellation of

00:38:58.22] factors. So, you know, that

00:38:58.92] would be a challenge to their

00:39:04.53] application. If it were to

00:39:05.46] move forward. It still is, you

00:39:07.69] know, it's only 3 properties

00:39:10.13] on on the block. The majority

00:39:11.14] would even have the same

00:39:16.79] standing. I think that. As you

00:39:17.34] move into residential

00:39:19.18] neighborhoods that are pure

00:39:20.11] are You know, all these

00:39:22.35] factors have no bearing. So I

00:39:23.52] think it'll be hard for

00:39:24.18] someone, you know. And and

00:39:25.48] Jason Block to make the case.

00:39:25.75] So.

00:39:28.82] >> Overall, I think.

00:39:29.49] >> Risk for, you know,

00:39:29.89] slippery s#

00:39:30.15] #

00:39:30.13] #

00:39:30.25] #

00:39:30.37] situations

00:39:36.80] minimal. Next slide. Please.

00:39:40.93] >> So with I would

00:39:41.84] respectfully request approval

00:39:42.54] of this, not use variance of

00:39:44.61] them. Happy to answering

00:39:46.57] questions. The commission MAY

00:39:49.61] have. I've got some backup

00:39:50.51] slides with with some

00:39:52.68] additional photos that would

00:39:53.75] be helpful for people to see.

00:39:54.45] But I will I will leave it at

00:39:56.69] that. Thank you.

00:39:57.35] >> Thank you very much, MR.

00:40:01.36] Le. Commissioners have

00:40:02.63] questions. Mayor, you want to

00:40:02.73] hear if we have any public

00:40:09.70] comment? So we will to to is

00:40:10.40] anyone here to speak on this

00:40:10.93] item in favor or in

00:40:17.37] opposition? Seeing none. Is

00:40:18.81] anybody online sledge, if you

00:40:18.78] could check to speak on this

00:40:23.61] item? If there's anybody in

00:40:24.28] mind I would like to speak

00:40:24.92] inside him. Please unmute

00:40:27.82] yourself. Snap wrister 6.

00:40:31.62] >> There's nobody Well, that's

00:40:32.33] right. Back up to you. Then.

00:40:40.10] Okay. I would say obviously

00:40:42.20] the reason that we pulled this

00:40:43.27] some of the things that think

00:40:43.94] you'd advise a client, MR.

00:40:44.60] Love that you presented. I

00:40:45.34] think that we do have concerns

00:40:49.18] around.

00:40:50.61] >> That the use of offense

00:40:53.78] when not approved what that

00:40:56.92] will lead to. I think that a

00:40:57.59] lot of our questions maybe

00:41:01.16] around you do have some.

00:41:01.82] >> Commissioner, really? I

00:41:02.42] actually don't have any

00:41:06.80] questions. Now a very

00:41:07.80] >> thorough presentations from

00:41:08.86] even and MR. Lowe. So I'm

00:41:09.60] happy to give my comments. But

00:41:11.53] if you have questions.

00:41:12.20] >> think they addressed all

00:41:15.51] the questions I had. I MR.

00:41:16.47] Lowe addressing the 2 concerns

00:41:17.14] that were brought up by the

00:41:20.91] commission. Earlier in our

00:41:21.71] working time immediate comment

00:41:23.92] or if you have questions.

00:41:24.85] >> I mean, I think I have a

00:41:30.93] few.

00:41:30.69] >> and

00:41:31.29] >> before centrist and

00:41:31.96] everything. So France, MR.

00:41:34.76] Lowe, couple questions. Can

00:41:36.23] you remind us what the

00:41:36.93] differences are between our 2

00:41:38.77] and mix them for fencing or if

00:41:43.30] there are any dimensional

00:41:44.47] standards and

00:41:45.51] >> currently there is not a

00:41:46.74] difference. I believe it's in

00:41:47.44] process and I'm going to ask

00:41:48.91] paying leadership to comment

00:41:49.81] on this as part of our utc

00:41:52.48] updates are being proposed.

00:41:53.61] We've had significant issues

00:41:54.28] with this fencing standard

00:41:56.65] when it comes to commercial

00:41:58.49] properties, particularly

00:41:59.92] especially some of our

00:41:59.79] industrial zone districts but

00:42:00.99] commercial properties across

00:42:03.23] the board. And so we are

00:42:04.33] looking at modifying the

00:42:06.43] standard, particularly for

00:42:07.96] commercial uses at this time.

00:42:08.66] There has not been a propose

00:42:10.63] change for height for

00:42:11.87] residential. Proposed change

00:42:15.41] that has come forward is a 50%

00:42:16.77] transparency requirement on

00:42:16.74] offer your chances. Even at

00:42:19.88] that 4 foot requirement. We

00:42:20.61] are continue to talk about it.

00:42:22.91] I have up in our staff

00:42:23.98] conversations. That site is

00:42:24.68] definitely topic of

00:42:25.78] conversation occurring slash.

00:42:26.38] There are some proposed

00:42:27.89] changes coming forward in the

00:42:28.55] you can see update process

00:42:31.52] that we're doing currently.

00:42:32.69] >> Okay. Thank you. So if a

00:42:33.76] property is an exam or if it's

00:42:34.46] our 2, there's no difference

00:42:36.63] is a four-foot requests for

00:42:39.69] foot standard height unless a

00:42:42.90] little effect. Because I I

00:42:44.57] noticed as I'm looking at the

00:42:45.71] map, MR. Lowe, that you own

00:42:46.71] several properties on or your

00:42:47.97] company does it appear same

00:42:48.68] company name on Spruce Street

00:42:50.91] that all have? Seemingly wood

00:42:52.85] fences that are? A graduating

00:42:59.45] height. And so. I understand

00:43:00.19] the concern during up with the

00:43:01.96] safety. But you in your own

00:43:04.86] properties have other have

00:43:05.53] other in your company have

00:43:07.83] other properties with a 4 foot

00:43:08.46] fence. So I'm curious and

00:43:11.67] curious about that.

00:43:13.47] >> Sure, be happy to address

00:43:13.77] that.

00:43:17.21] >> So

00:43:17.91] >> you know, this is a little

00:43:22.11] bit speculation just based on

00:43:22.88] my observations and, you know,

00:43:26.78] kind of being on site in the

00:43:28.62] winter of 2022. 2023 as well.

00:43:29.95] As you you know, my routine

00:43:33.86] visits chatting the residents

00:43:34.83] that those properties on

00:43:35.46] Spruce Street as well as

00:43:38.40] because you're so.

00:43:39.20] >> This is best assessment of

00:43:39.77] what accounts for the

00:43:44.80] difference. So. The 3 houses

00:43:47.11] of they are all oriented kind

00:43:50.11] of facing Spruce Street.

00:43:51.18] They're all clustered

00:43:51.78] together. It's of the 3

00:43:54.15] neighbors, all kind of have

00:43:55.38] eyes on each other. And so

00:43:59.85] even if one house there's

00:44:00.55] >> You report for the for the

00:44:02.36] people are gone. There's

00:44:03.29] usually someone else around

00:44:03.69] and, you know, they've got

00:44:05.36] their dogs in the yard. So,

00:44:08.00] >> you know, they do have, you

00:44:08.73] know, a little bit more of the

00:44:09.90] of the buffer that the zoo

00:44:13.57] doesn't have just us with

00:44:15.77] based on how score and you

00:44:17.67] know, where the frontage of

00:44:19.61] the house is on for 11. And,

00:44:20.24] you know, it's it's that

00:44:20.94] frontage that's isolated, you

00:44:22.48] know, from that residential.

00:44:24.38] But for an informal

00:44:27.15] surveillance. And that's, you

00:44:27.85] know, want to get one of the

00:44:28.99] main access point areas and

00:44:32.93] those 3 house on spruce there,

00:44:32.79] Orrin to opposite direction.

00:44:35.16] So, you know, people art, you

00:44:36.36] know, looking through the

00:44:37.23] backyard over the fence like

00:44:37.86] they just don't have

00:44:41.57] visibility into Asia. You so

00:44:42.87] the 3 hasn't Spurs kind of

00:44:46.40] mutually support each other.

00:44:47.77] And, you know, I think for

00:44:47.74] that reason of those houses

00:44:50.94] really haven't had the same

00:44:51.58] kinds of issues that for

00:44:57.28] Levin's had. I think it does

00:44:58.22] matter having, you know, the 3

00:45:00.92] together like that because,

00:45:00.72] you know, there have been

00:45:01.56] issues out on the street at

00:45:05.76] Spruce but you know, nothing

00:45:06.79] that's actually crossed into

00:45:09.50] the properties. To my

00:45:11.93] knowledge. So that's one

00:45:12.73] factor. The other factor,

00:45:16.71] which I which I mentioned

00:45:19.44] earlier is the 3 properties

00:45:20.48] owns You know, they were

00:45:24.51] operated by the same nonprofit

00:45:27.68] purchased by those developers.

00:45:29.92] However, the those were always

00:45:31.62] kind of just standard

00:45:34.46] residential rentals for 11 was

00:45:36.16] a little bit unique. And that

00:45:36.83] was that halfway home to my

00:45:40.16] knowledge. And so you had a

00:45:42.43] lot of, you know, heavy foot

00:45:45.20] traffic in and out of 4.11,

00:45:46.40] prior to You know, coming

00:45:47.77] under our ownership and you

00:45:47.77] had a lot of people that had

00:45:51.64] experience with that House.

00:45:53.35] That, you know, MAY still be

00:45:54.51] in the area and do about it.

00:45:56.75] And I think that that.

00:45:59.35] >> Maybe part of why we've had

00:46:01.15] so many incidents at 4.11 and

00:46:02.22] not the other properties. So

00:46:05.56] that's the other, you know,

00:46:06.29] possible factor that I think's

00:46:11.30] important be aware of.

00:46:12.40] >> Thank you for that. I

00:46:13.39] appreciate it. Just folks. A

00:46:14.87] lot of your presentation on

00:46:15.87] the beach. You properties and

00:46:17.81] didn't talk about your own

00:46:18.97] properties on spruce. And that

00:46:19.67] seemed a little remiss given

00:46:20.24] that you have 3 other

00:46:23.16] properties with a 4 foot fence

00:46:25.38] and it might seem like we're

00:46:26.25] being a little harsh. But, you

00:46:28.22] know, there is a slippery

00:46:28.25] s#

00:46:28.36] #

00:46:28.48] #

00:46:28.61] #

00:46:30.15] of allowing fencing and

00:46:30.85] then everyone is putting up 6

00:46:31.55] foot fencing. You know, it's

00:46:35.13] getting a use permit just goes

00:46:37.26] against the very nature of the

00:46:37.96] code. Yeah, I understand the

00:46:41.33] unique nature of your property

00:46:43.27] so these are the tough

00:46:43.94] situations that we have to

00:46:45.54] wait through as a commission.

00:46:47.11] So I hope you can appreciate

00:46:51.91] that. It did. You try we'll be

00:46:52.94] back up. So so seemingly,

00:46:54.15] you're 6 foot fence goes all

00:46:55.25] the way around the property

00:46:56.95] backs up to those spruce

00:46:57.85] properties that you own. So

00:46:58.72] those have 6 foot and it looks

00:46:59.39] like they have 6 foot that

00:47:02.69] graduates down to 4. Did you

00:47:04.95] try a shorter fence in the

00:47:06.73] front of for 11? Where did you

00:47:07.36] just go straight to the 6

00:47:09.50] foot?

00:47:11.30] >> You

00:47:16.40] >> Your country clearly was

00:47:17.10] here. Contractor has clearly

00:47:17.77] misleading. You cause, know

00:47:18.47] where weather is an xm which

00:47:19.41] are other properties are that

00:47:23.14] are too is a 6 foot allowable.

00:47:28.22] So that complete understand

00:47:30.99] >> That was a potentially

00:47:32.39] expensive lesson learned.

00:47:33.46] Lesson learned, nonetheless

00:47:36.39] trust but verify because, yes,

00:47:38.99] we would not have, you know,

00:47:41.36] got to those links that we

00:47:45.80] know that the 6 foot was not

00:47:48.74] approved, to your to your

00:47:50.81] yeah, we did try other methods

00:47:52.54] prior to putting the 6 foot

00:47:53.25] fence right up at the front.

00:47:58.72] There. We put a fence that was

00:48:07.33] set back. Maybe 20 to to just

00:48:11.35] secure the backside of the

00:48:11.73] house. And could because, you

00:48:12.43] know what would happen people

00:48:15.67] would come onto the property

00:48:16.67] and then immediately go around

00:48:18.44] behind the house where they

00:48:19.14] can it sort of shielded from

00:48:21.84] view of the street some of our

00:48:23.28] camera footage, you know, kind

00:48:24.18] of shows that was with people

00:48:30.65] behind a house there. And so.

00:48:31.22] You know, was helpful

00:48:31.95] preventing people from getting

00:48:34.92] behind the house. But then

00:48:36.23] people just started focusing

00:48:38.29] on the front of the house. And

00:48:39.30] you know, that was, you know,

00:48:41.43] have issue with persistent

00:48:43.57] porch occupation. You know,

00:48:46.50] people walking all the areas

00:48:49.57] that they could get you know,

00:48:50.27] we even had people try to get

00:48:56.62] you know, the side yard fence.

00:48:57.32] And so, you know, it's one of

00:48:58.21] those things where, you know,

00:49:00.22] every every thing is, you

00:49:00.79] know, additional air

00:49:03.27] deterrence. You know, having

00:49:03.92] something that you can step

00:49:07.16] over easily, get over, you

00:49:10.53] know, felt was not going to be

00:49:11.26] effective. So we did try

00:49:19.61] things. But had context. Well,

00:49:20.57] time to send out a code and

00:49:21.31] frankincense as could use name

00:49:22.58] one more in a moment.

00:49:23.51] >> The big you can say for the

00:49:27.82] he pronounce prior to the utc

00:49:30.45] update in the last handful of

00:49:31.57] years, there was not a

00:49:31.75] standard disallowing six-foot

00:49:34.12] fences in the front yard.

00:49:34.96] Clearly it was created for a

00:49:35.69] reason. I have no questions or

00:49:38.73] doubts about that. So I think

00:49:40.43] that we potentially have some

00:49:41.50] contractors who defense work

00:49:43.23] that are operating off the old

00:49:45.47] assumption, which our coaches

00:49:46.14] change. We do have new code

00:49:46.74] and regulations here in

00:49:49.31] regards to that. But we also

00:49:51.91] have quite a bit nonconformity

00:49:52.54] with that code section. I

00:49:53.21] would even say my own home

00:49:56.11] that I rent does not meet that

00:49:57.38] code section requirement. But

00:49:58.35] that fence was built prior to

00:49:59.22] the new code. So it's legal

00:50:02.32] nonconforming side say in this

00:50:03.22] area and many other areas

00:50:04.66] across the city, we have a

00:50:05.29] significant out of legal

00:50:06.66] conformity with the spend

00:50:08.46] standard. Obviously we have to

00:50:09.40] start somewhere from one to

00:50:10.33] something. I absolutely

00:50:11.23] understand that. And that is

00:50:13.70] some context. I want to

00:50:13.77] provide it provide as well to

00:50:18.87] conversation. Thanks, Ethan.

00:50:19.81] >> I'm so sorry. I didn't

00:50:22.18] notice that folks have there.

00:50:24.71] My coffee blocking pick.

00:50:25.38] Commissioner Cecil do have

00:50:30.68] some questions. I primarily,

00:50:33.92] Rick, And the non-Jews

00:50:39.63] variance. If were to be

00:50:42.80] approved at 6 feet.

00:50:45.84] >> But later altered in some

00:50:47.17] way, like removed juror

00:50:50.11] rebuild. Would the high.

00:50:52.21] >> Continue to persist at

00:50:52.51] that.

00:50:56.15] >> 6 foot approval. Hadn't

00:50:59.62] been item or if it were taken

00:51:00.28] down and replaced. How long

00:51:03.22] would it have to be down

00:51:03.82] before it would trigger

00:51:04.52] another review to replace it.

00:51:07.83] The same height. Absolutely.

00:51:09.66] So without a condition

00:51:11.66] restricting that it

00:51:12.60] technically that non use

00:51:13.83] variance approval would

00:51:14.57] continue through his but would

00:51:17.77] continue into the future.

00:51:18.44] >> Because that technically

00:51:19.14] the variance would have been

00:51:21.84] acted upon by having that

00:51:23.78] fence. However, you could

00:51:24.48] absolutely look at putting a

00:51:27.38] condition on the application.

00:51:28.20] If the Spence were to be

00:51:31.23] removed, 4 x period of time,

00:51:31.72] that that approval would that

00:51:36.52] would be vacated.

00:51:41.33] >> Commissioner of ins

00:51:42.20] >> Commissioner Rob for the

00:51:44.10] for the owner. I'm just

00:51:47.60] curious. Is there any fencing

00:51:48.30] between your property and the

00:51:50.37] one just to the east side

00:51:51.11] because I'm not seeing that on

00:51:56.31] your diagram here.

00:51:58.35] >> Yes, commissioner, there's

00:52:02.24] six-foot wooden fence that on

00:52:02.75] those crews properties so that

00:52:05.49] those properties have their

00:52:06.42] their backyards fenced in a 6

00:52:08.19] foot tall, wooden fence.

00:52:11.86] >> Okay. Great. Appreciate it.

00:52:13.27] Will save my comments later

00:52:16.50] on. You're going everything

00:52:16.30] else.

00:52:16.90] >> Just their fire. The

00:52:17.64] quickest are in regards to

00:52:19.64] that that property that's

00:52:21.51] vacant. It is open to the

00:52:22.64] property. Vacant and that

00:52:23.88] property is fenced. The

00:52:24.61] standard doesn't apply to that

00:52:25.21] property sisters and a

00:52:28.11] structure on it. So that's why

00:52:30.22] they don't need a variance for

00:52:31.95] that property. But to the

00:52:32.65] other property is yes, there

00:52:36.49] fence separation.

00:52:42.23] >> Other questions. I guess

00:52:52.98] comments then. Commissioner

00:52:53.64] Albee, I was only actually

00:52:56.81] pulled this from the consent

00:52:57.91] agenda. But after hearing the

00:52:59.52] presentations from Mr, Xi for

00:53:01.49] MR. Lowe during those

00:53:02.22] discussions, I'll be voting in

00:53:07.43] favor of this. I think

00:53:08.64] >> just to reiterate the

00:53:10.40] points MR. Lowe touched on.

00:53:12.33] Appreciate that. You tried

00:53:13.40] alternative methods, putting

00:53:17.40] the cameras, hiring security.

00:53:19.27] I do tend to agree that that

00:53:20.10] fence is the most systemically

00:53:20.71] pleasing in that location. I

00:53:22.54] appreciate there. Still the

00:53:23.47] visibility to the

00:53:28.98] neighborhood. But given that

00:53:29.88] it's sort of art to island, I

00:53:30.62] agree that that's probably the

00:53:33.72] best. Least bad solution to

00:53:37.62] solving this problem.

00:53:38.33] >> And just thinking through

00:53:41.56] the logistics of if security

00:53:43.97] is actually the number one

00:53:44.60] concern a four-foot fence

00:53:47.47] doesn't do a lot for you.

00:53:50.76] >> And then.

00:53:50.74] >> Let's see what else was

00:53:54.81] thinking. The same. I don't

00:53:54.64] think I do think the

00:53:56.16] commission is worried about

00:53:56.48] the slippery s#

00:53:56.62] #

00:53:56.77] #

00:53:56.92] #

00:53:57.82] and people

00:54:00.35] other. Nearby residents

00:54:01.55] potentially, you know, asking

00:54:02.25] for forgiveness instead of

00:54:08.16] following the code but I don't

00:54:09.93] think I think the risk is

00:54:10.63] pretty low and I don't think

00:54:12.86] our intent is to cause you

00:54:13.66] financial burden. We're trying

00:54:17.24] to secure your property. So

00:54:17.94] all that I would be voting in

00:54:28.52] favor of this.

00:54:28.98] >> Commissioner angle.

00:54:29.88] >> I would also be voting in

00:54:32.15] favor of It's regrettable that

00:54:32.92] it comes to this city needs

00:54:33.55] this kind of offense for

00:54:37.52] security. I think the argument

00:54:39.59] that he's presented is

00:54:41.50] credible and and Lou, of any

00:54:42.20] other way to protect I would

00:54:44.53] support his request.

00:54:49.17] Commissioner Robbins.

00:54:51.17] >> By Commissioner Rob is

00:54:56.31] here. I too, am in support of

00:54:57.75] I recall when I used to work

00:54:58.78] the patrol tonight area over

00:55:00.75] there when I was on the police

00:55:02.95] department and the homeless

00:55:05.82] population has grown

00:55:06.49] considerable so that I was

00:55:09.49] involved in police work. And i

00:55:10.13] and fully understand the

00:55:10.79] safety and security. And I

00:55:13.10] think. And as far as the

00:55:13.50] slippery s#

00:55:13.61] #

00:55:13.73] #

00:55:13.83] #

00:55:18.37] goes. I think

00:55:19.41] it'd be great advantage for

00:55:21.54] the whole community to poured

00:55:23.34] into something other than a

00:55:25.68] wood fence to protect their

00:55:26.44] property in that area. It

00:55:29.58] would be a static Lee pleasing

00:55:31.21] to have wrought iron

00:55:31.88] decorative fencing instead.

00:55:34.24] And they could always come to

00:55:35.72] us each one individually. To

00:55:38.95] get that back that variance,

00:55:41.66] if they needed. But I really

00:55:44.13] appreciate that you've done to

00:55:47.13] try to alleviate to headaches

00:55:48.50] and the safety of anyone that

00:55:52.24] wants to rent that unit I can

00:55:52.94] understand that been quite a

00:55:54.21] challenge their soil. I'm

00:55:54.91] definitely in favor of this.

00:55:58.35] Thank you.

00:55:59.86] >> Thank you, Anyone else have

00:56:04.79] any comments? I MAY be the

00:56:05.79] sole dissenter on this one. I

00:56:06.99] will not be voting in favor of

00:56:07.59] it. Not because I don't

00:56:08.92] understand your plate or I

00:56:10.89] don't. I'm not sympathetic to

00:56:12.53] year needs in the crime that

00:56:13.23] you're experiencing. But I do

00:56:15.30] think that codes are and

00:56:16.70] standards are set for a

00:56:18.70] reason. And it's not the coach

00:56:20.40] responsibility too. 2. Take

00:56:22.47] care of individual property

00:56:24.41] needs, but I think that you

00:56:25.81] will get your fence and I'm

00:56:25.68] sure it will make your

00:56:28.88] property better. So. Thank

00:56:29.58] you. And I think if we don't

00:56:30.28] have any other comments into

00:56:37.49] motion.

00:56:38.16] >> Commissioner, will it be

00:56:41.65] like to make a motion to

00:56:41.73] approve item? 5 d 4.11, was

00:56:44.93] street variance motion to

00:56:46.17] approve the non-Jews variances

00:56:50.84] City Code. Section 4007.9, 1,

00:56:51.87] 0, be to allowing a fence

00:56:52.84] between the front facade of

00:56:54.24] the primary structure and a

00:56:54.94] lot frontage to be 6 feet in

00:56:58.38] height. Based upon the finding

00:56:59.38] that the request complies with

00:57:00.88] the criteria for non-Jews

00:57:01.62] variance set forth in the city

00:57:06.72] Code Section 7.5 0.5 to 6.

00:57:07.36] >> Commissioner Davis, a

00:57:22.77] second.

00:57:23.17] >> Thank you. The motion

00:57:24.79] passes with 7 members in favor

00:57:26.84] and Chair hen Sarah Post.

00:57:30.72] >> Okay. Thank you. Want thank

00:57:33.89] you very much, MR. Lowe, we're

00:57:36.26] going to move on to our

00:57:36.69] unfinished business Kettle

00:57:44.26] Creek We move into Kettle

00:57:45.20] Creek Development Standards,

00:57:45.90] Adjustment and Sledge. If you

00:57:54.79] read the item into the record.

00:57:55.24] >> Item 7, a TVs, 8 dash, 2, 5

00:57:58.65] Dash, 0, 0, 1, 0,

00:57:59.21] developments. Tenders

00:58:01.85] adjustment to city Code Table.

00:58:05.85] 2007.2 Eye and Section want to

00:58:07.60] provide a 7 food for on-street

00:58:07.76] loaded gun rushed setback for

00:58:11.65] the unit b product high

00:58:13.34] located at 2060, All Ranch

00:58:16.67] Road centuries out some stuff

00:58:17.40] >> Good morning. Good morning,

00:58:18.53] Jen. How are you all today?

00:58:21.76] All right. So we're going to

00:58:21.97] get started. Nico Creek

00:58:22.54] Development Standards

00:58:33.18] adjustment. So this property

00:58:34.89] you MAY have remembered this.

00:58:37.42] We did the annexation zone.

00:58:38.95] Establishment and then he's

00:58:39.89] played a couple months ago.

00:58:43.23] But this application is for

00:58:44.10] their request to vary. The

00:58:46.83] street loaded setback. Garage

00:58:50.90] from 7 feet to 20 feet. The

00:58:51.60] property is address the 2060

00:58:54.81] Old Ranch Road. The zone

00:58:55.47] established for the site is

00:58:58.98] our flex medium. The property

00:59:02.98] consists of 19.9 acres and the

00:59:04.55] proposal for the land use is

00:59:05.55] going to be single-family

00:59:08.39] detached and attached units.

00:59:10.49] This property is adjacent to

00:59:12.46] Kettle Creek, which is a part

00:59:13.13] of the streamside overlay.

00:59:15.90] It's also within a floodplain.

00:59:16.53] And there is no people's

00:59:18.70] jumping mouse habitat in that

00:59:21.64] area. Kind of on the eastern

00:59:28.14] side along the creek. So the

00:59:30.52] application ideas, Dv sa 25

00:59:32.45] dashed and this has reviewed

00:59:34.55] in conjunction with the

00:59:37.36] development plan as well as a

00:59:38.49] vacation plot for the existing

00:59:40.53] Kettle Creek Road. That is on

00:59:42.69] site. As mentioned. The

00:59:43.73] request is to allow the 7 Foot

00:59:46.70] street loaded Gresh setback.

00:59:47.33] 20 feet is typically the

00:59:54.14] requirement for the parade.

00:59:54.77] >> So the stevia say, as

00:59:55.64] mentioned, will establish that

00:59:58.11] very to set back.

00:59:59.95] >> Or proximate lee, half of

01:00:01.88] the single family attached

01:00:04.22] units. So here on the screen,

01:00:04.99] you'll see the lot pickles

01:00:06.72] that are included within the

01:00:07.39] development plan as well as

01:00:08.32] the development standards

01:00:09.28] adjustment application where

01:00:11.79] you can see on the right side

01:00:15.80] of the lots pickles. So there

01:00:17.80] you can see that there is the

01:00:18.67] drive wavelength. The shorter

01:00:21.30] driveway. I'm sorry. Garage

01:00:26.94] setback on on there as well.

01:00:28.85] Per an internal interpretation

01:00:30.85] to code driveways are allowed

01:00:32.45] to be less than 20 feet when

01:00:33.15] no parking is being provided

01:00:36.72] within those driveways. The

01:00:37.49] development plan is showing an

01:00:41.46] excess of parking. Each unit

01:00:43.86] will have a 2 car garage which

01:00:44.43] does meet the parking

01:00:46.40] requirement for each

01:00:48.57] individual unit. And in

01:00:49.20] addition, there is guest

01:00:49.84] parking on site that does

01:00:51.40] exceed the requirement. The

01:00:56.48] site per code. No parking will

01:00:58.71] be required on the driveways

01:01:00.81] for unit bees as a part of the

01:01:01.71] development plan and the

01:01:03.85] requested mechanism for

01:01:06.99] compliance enforcement for

01:01:08.82] that is through the already

01:01:09.46] established Metropolitan

01:01:12.43] District. The Kettle Creek

01:01:13.46] Metropolitan District. So

01:01:14.20] there are notes to this effect

01:01:22.24] on the plan and the parking

01:01:26.79] being kind of the main issue

01:01:26.91] on the driveways, preventing

01:01:27.44] visibility for cars

01:01:29.81] maneuvering throughout the

01:01:30.51] neighborhood would in theory

01:01:34.48] be prohibited. Each

01:01:35.56] development standards

01:01:36.25] adjustment is kind of unique

01:01:38.59] compared to its kind of

01:01:40.42] companion application and use

01:01:43.99] variance in the sense the

01:01:43.83] review criteria is, of course,

01:01:47.30] a little different. But then

01:01:48.93] also the development standards

01:01:49.60] adjustment are required to

01:01:53.34] provide a compensating benefit

01:01:55.21] as a part of their kind of

01:01:57.18] application package. There's a

01:01:57.98] huge long list of different

01:01:59.28] things that can qualify as a

01:02:00.15] compensating benefit in code.

01:02:02.52] And I'll have on a slide

01:02:04.18] later, a makeover. The review

01:02:06.15] criteria, but 2 of the main

01:02:06.85] ones that are being provided

01:02:10.69] as part of this application is

01:02:11.43] a preservation area. But you

01:02:12.46] can see can highlighted here,

01:02:15.23] which includes approximately

01:02:18.10] 1.7 acres of open space that

01:02:19.50] contains the street-side

01:02:20.77] overlay the floodplain area as

01:02:21.47] well as the people's jumping

01:02:25.11] mouse habitat. Typically

01:02:27.34] speaking compensating benefit

01:02:28.48] cannot be anything that would

01:02:30.21] otherwise be required through

01:02:32.55] the utc or federal law. And in

01:02:35.15] this case, the U.S. Fish and

01:02:38.69] Wildlife did not require this

01:02:40.36] area be completely

01:02:42.63] undevelopable. So there was no

01:02:44.76] requirements from them saying

01:02:46.36] that this going to be required

01:02:47.13] any way. This was an election

01:02:48.73] on behalf of the develop to

01:02:53.30] leave this area undeveloped.

01:02:54.67] Additionally, as we saw in the

01:02:56.47] previous slide, the unit b,

01:02:58.94] there is a difference and kind

01:03:02.85] of increase allotment of

01:03:03.65] building articulation being

01:03:05.49] provided through this commute,

01:03:08.92] unique housing type. So I'll

01:03:12.97] just go back to it since it's

01:03:12.59] kind of a useful

01:03:15.56] demonstration, but unit b, of

01:03:17.10] course, be set more forward.

01:03:19.67] Then providing kind of housing

01:03:21.24] variability difference in

01:03:21.80] architectural tapes.

01:03:23.94] Difference in front porches,

01:03:24.64] things that kind of are going

01:03:25.31] to give the neighborhood a

01:03:27.46] little bit more. The character

01:03:30.88] a little more. Personality and

01:03:31.55] makes eyes on the street a

01:03:34.45] little bit more easy because

01:03:35.18] we'll have That difference and

01:03:40.60] unit tapes. Those are 2 kind

01:03:40.79] of compensating benefits being

01:03:41.36] provided through the

01:03:44.39] application. This application

01:03:46.93] to come in last NOVEMBER. It

01:03:50.93] went through 4 reviews. It was

01:03:52.34] ready to go to planning

01:03:52.97] Commission in MARCH. But

01:03:55.41] because of the delay in the

01:03:57.28] annexation getting to the

01:03:58.51] council, this application had

01:03:59.81] to be hold on. Hold until

01:04:03.58] today. So we are finally here

01:04:04.25] in this one today. Now that

01:04:05.85] all of those other

01:04:06.65] applications have gone through

01:04:11.19] their have been approved. The

01:04:12.76] stakeholder involvement for

01:04:13.43] this was similar any other

01:04:14.16] application coming before your

01:04:18.53] body was heard. Mailings went

01:04:19.27] out at a turtle review as well

01:04:22.84] as prior to this hearing. All

01:04:23.80] of those Postcards went out

01:04:24.94] for 1000 feet. There's about

01:04:28.71] 48 of them and only one

01:04:29.54] comment that was actually

01:04:30.25] received. I did get a couple

01:04:33.32] of minor questions, but only

01:04:34.54] one comment was received and

01:04:36.89] that was primarily opposition

01:04:39.59] to the project. Generally. And

01:04:39.76] then just concerned about how

01:04:42.76] does the parking work on the

01:04:43.53] site the some of the driveways

01:04:48.73] were substandard like. There

01:04:50.33] were no major concerns for

01:04:51.39] many of our agencies through

01:04:53.44] this application review. We

01:04:55.10] did have our planning Lansky

01:04:55.74] team checked to make sure that

01:04:57.51] some of the numbers of figures

01:05:00.34] correct projects statement and

01:05:02.51] then the streams really was

01:05:04.45] reviewed as well just to make

01:05:05.95] sure that the compensating

01:05:07.92] benefit being provided was

01:05:08.75] actually something that was

01:05:11.95] being able to qualified for

01:05:13.73] that because there we wanted

01:05:14.39] to make sure that fish and

01:05:15.79] wildlife were not requiring

01:05:19.47] that already. So that was

01:05:20.37] verified through the

01:05:23.44] application review process. We

01:05:24.74] did find that this application

01:05:26.71] does meet the intent of the

01:05:28.68] utc natural preservation of

01:05:30.45] areas, particularly with

01:05:31.11] sensitive wildlife is a big

01:05:32.78] part of plans us. So we did

01:05:35.35] find that it Matt, the intent

01:05:39.35] of plan c o s. And then on

01:05:40.27] screen here we do have the

01:05:42.39] application review criteria

01:05:43.30] just because this is not

01:05:45.80] application type. The very

01:05:46.50] often I'm gonna go ahead and

01:05:47.13] just kind of read through

01:05:50.38] those real quick number one,

01:05:50.73] being the alternative design

01:05:51.40] achieves the intent of the

01:05:53.30] subjects. Standard to say more

01:05:54.91] better degree and the standard

01:05:57.91] for which it waivers requested

01:05:59.88] when considered together with

01:06:01.65] compensating benefits. The

01:06:02.35] alternate design advances the

01:06:03.52] goals and policies of the utc

01:06:06.75] to the same or better degree.

01:06:08.89] Standards which it waivers

01:06:11.28] requested the alternative

01:06:11.62] design poses no greater

01:06:13.49] impacts on the adjacent

01:06:14.33] properties that would occur

01:06:15.83] through compliance of the

01:06:19.80] specific choir Mont of the utc

01:06:20.47] and the Alternative Design

01:06:22.57] provides compensating benefits

01:06:23.30] that are reasonably related to

01:06:26.97] the proposed waiver and would

01:06:27.67] not otherwise be required by

01:06:31.35] ut Seahorse state law and then

01:06:32.41] on the side, the right side of

01:06:33.68] your screen, you'll see a list

01:06:34.58] of all of those different

01:06:36.58] compensating benefit options

01:06:37.29] that are kind of outlined in

01:06:47.30] code. Going back to the

01:06:48.10] Metropolitan District. Know,

01:06:48.63] we went over this a work

01:06:49.37] session, but just as kind of a

01:06:51.72] reminder.

01:06:55.37] >> For the

01:06:56.10] >> for the requirement to

01:06:56.61] prohibit parking on the

01:06:59.44] substandard driveways. And the

01:07:00.48] need for an enforcement

01:07:02.71] mechanism around that we did

01:07:05.65] request that the applicant

01:07:06.35] provide either documentation

01:07:09.15] through this application

01:07:10.15] review or through this

01:07:11.52] condition at a later time,

01:07:14.13] just to make sure that we have

01:07:15.98] in writing and force month

01:07:15.76] mechanism that actually be

01:07:18.10] able to do prohibit that

01:07:19.46] parking bay on just core

01:07:23.17] cities, neighborhood services.

01:07:25.10] So the application is to be

01:07:26.87] approved today, planning would

01:07:27.51] request that condition be

01:07:29.31] approved with it, which states

01:07:33.18] that prior to subdivision plat

01:07:33.88] approval, the applicant shall

01:07:35.98] provide documentation from the

01:07:36.58] applicable metropolitan

01:07:38.23] district demonstrating

01:07:38.72] enforceable mechanisms to

01:07:39.75] prohibit off-street parking

01:07:41.92] and driveways sure than 20

01:07:43.42] feet. So that will just kind

01:07:44.73] of close that loop to make

01:07:48.53] sure that that concern is

01:07:50.37] being litigated and my

01:07:51.38] presentation for you today.

01:07:51.67] But I'm available for any

01:07:53.54] questions. And we do have the

01:07:56.37] applicant here. Great. We'll

01:07:57.11] have the applicant come up and

01:07:57.71] I think will play whole

01:08:07.18] questions until after that.

01:08:09.19] >> Good morning. Planning

01:08:09.92] Commission reading and Rivaldo

01:08:10.55] with nes representing the

01:08:14.36] applicant. I have quite a

01:08:15.49] detailed and woody

01:08:17.40] presentation because as a lot

01:08:18.46] of code and interpretation

01:08:19.93] that I want to make sure is on

01:08:22.67] the reco old

01:08:23.84] >> I think it's important to

01:08:25.14] get across how we got to this

01:08:27.14] point is well with this

01:08:29.81] process. So it's a level a

01:08:31.61] lengthy for for the type of

01:08:34.68] application. But it's one of

01:08:35.68] those we've before you with

01:08:36.88] this issue be full. And I want

01:08:41.99] to explain why we're here So

01:08:44.16] as you what the site location,

01:08:46.36] we did go through the

01:08:47.26] annexation, zoning and land

01:08:49.26] use plan for that back in

01:08:53.20] JULY, it was approved 10 city

01:08:56.14] Council, 9, 0, of approval at

01:08:59.98] City Council, which is quite

01:09:01.18] vet these days so and and also

01:09:02.98] want to point out that

01:09:03.85] yesterday we got approval of

01:09:06.22] the right way vacation full

01:09:08.12] Kettle Creek Road. So that was

01:09:08.79] pots that won the existing

01:09:12.22] Kettle Creek Road, which along

01:09:12.92] that West inbound race in on

01:09:13.52] goal has been now been

01:09:19.20] vacated. And the propose road

01:09:19.63] configuration within the

01:09:24.34] subdivision will replace that.

01:09:25.42] It is an unusual shape site.

01:09:27.21] And I think that's important.

01:09:27.91] It's very difficult to to do

01:09:28.57] and efficient layout on the

01:09:31.28] site of the shape. It was an

01:09:32.16] enclave remaining enclave

01:09:37.92] within the county. 3 existing

01:09:38.69] apostles that annexed into the

01:09:39.69] city to create this

01:09:43.72] development possible. But we

01:09:44.69] have to work around. Could

01:09:46.43] clone is and shapes on the

01:09:47.16] site to make this development.

01:09:52.33] What? So just briefly and

01:09:55.17] adjacent land uses less less

01:09:55.97] important. Now that we have

01:09:59.31] the property rezoned, but we

01:10:02.24] do have that's kind of Kona to

01:10:02.88] the east of the property.

01:10:04.51] Multi-family residential

01:10:07.12] development that is the way it

01:10:11.12] he's called the cottages. So

01:10:14.89] it's single into story money,

01:10:16.16] homes for rent that are going

01:10:17.96] into area is now to an

01:10:18.70] apartment development to such.

01:10:22.93] So it sent it's low density

01:10:27.10] rental and then to the South,

01:10:28.34] you county enclave, a lot of

01:10:31.11] county enclave existing

01:10:33.98] residential and then to the

01:10:36.18] noles and West. We have the

01:10:37.45] what is commonly known as

01:10:41.55] victory MAY join in to Cuesta

01:10:44.56] area of significant and

01:10:45.26] industrial business and then

01:10:45.86] going into mixed use

01:10:48.19] residential and commercial

01:10:50.13] development. And then on the

01:10:51.23] east and on the other side,

01:10:52.80] Jenny, on the other side of

01:10:53.43] cattle creek is the Cat's

01:10:58.71] creek in space. And this

01:11:01.68] owning as noted, it was

01:11:03.15] recently annexed and rezoned

01:11:07.28] to all flex medium in JULY and

01:11:08.88] the surrounding zoning was

01:11:09.95] considered possible with that.

01:11:14.52] That type of sending. So I

01:11:15.73] want to talk a little bit

01:11:18.43] about the project timeline and

01:11:19.33] why we're here with

01:11:22.13] developments. Tense adjustment

01:11:22.83] so soon after having had the

01:11:23.43] proper to flex need him

01:11:24.73] because I think that's a

01:11:26.70] legitimate question. So we

01:11:31.28] were processing and submitted

01:11:33.41] the proposed annexation and

01:11:37.88] zoning to the city kiss 2025.

01:11:39.89] Around that time. And is

01:11:41.29] SEPTEMBER. 25 we can, too.

01:11:42.26] With a hearing on another

01:11:43.27] project. You MAY recall this.

01:11:44.22] It was cool to coach crossing.

01:11:44.86] It was on Shelton in the

01:11:49.43] Southeast. Pass the city. What

01:11:50.68] we requested. Tyson, the

01:11:54.27] situation for reduced The

01:11:56.34] setback for carriage that I'm

01:11:57.90] going look at We are asking

01:11:58.91] for a garrels setback

01:12:00.98] reduction and I'm going to

01:12:01.94] welcome a debate about the

01:12:03.71] reference to substandard

01:12:04.38] driveway not intended as a

01:12:07.98] driveway does not a driveway.

01:12:08.68] It's in a prison that Stephen

01:12:10.57] visibility coming out the

01:12:10.72] carriage. So this is a lot

01:12:14.59] about the setback. So

01:12:16.59] basically during that period,

01:12:18.63] we realize that this was an

01:12:19.50] issue, the standard with a

01:12:20.16] within the off next medium

01:12:26.67] zoning was an issue. So as a

01:12:27.71] result, talked to actually the

01:12:28.37] piney direct on a couple of

01:12:31.41] times about well, with this

01:12:32.81] project because we can have

01:12:35.98] the same issue here. Wouldn't

01:12:37.20] it be better to do a planned

01:12:37.68] development? So what we can

01:12:40.85] set to stand, it's and move

01:12:42.56] forward and then we would have

01:12:43.26] to do a Dv sa because that's

01:12:45.59] what we have to do with this

01:12:46.33] and to try address this car, a

01:12:50.23] setback issue. We move forward

01:12:52.87] on that basis. Having received

01:12:53.50] positive indication that,

01:12:54.20] yeah, that seems like a good

01:12:58.43] idea. And when we submit to

01:13:00.27] apd See Development plan with

01:13:01.78] the intent of because we were

01:13:02.38] in review cycle for the

01:13:04.41] annexation and rezoning with a

01:13:07.68] neck submittal on the on the

01:13:08.38] rezone to change it to a pdc

01:13:11.19] from Medium. We were told that

01:13:12.82] the city doesn't support the

01:13:16.56] pdc with a new coat, the unit

01:13:18.46] Street Unified Development

01:13:22.37] Code that has been a move to

01:13:23.71] make pd, sees more difficult

01:13:26.67] and less appealing to do and

01:13:30.47] staff. It's very much

01:13:33.61] following That requirement

01:13:34.58] trying to kind of encourage

01:13:35.38] applicants to do anything. But

01:13:42.25] development And the the code

01:13:44.16] states that to planned

01:13:47.29] development district is only

01:13:47.96] permitted with the proposed

01:13:49.40] design could not be developed

01:13:51.33] using conventional send

01:13:52.70] districts. Will you the steps?

01:13:52.80] The sun doesn't get us to that

01:13:55.77] for a second. We clearly

01:13:57.57] cannot do the development that

01:13:59.67] we want to to within the

01:14:00.67] offense medium. With that

01:14:01.74] stand up with that gas, that

01:14:02.38] box and it's so to me, it

01:14:05.58] seems like a logical. Stepped

01:14:06.25] still planned developments

01:14:09.62] end. But there is this

01:14:11.32] apprentice ease statement

01:14:11.95] including available tools

01:14:14.60] allowing flexibility within

01:14:16.19] those districts. So staff see

01:14:16.93] the development and is it just

01:14:19.96] meant as an available till? I

01:14:21.20] personally don't. If if that's

01:14:23.67] available tool requires a

01:14:24.93] public hearing. I don't think

01:14:25.80] it's something that's a staff

01:14:29.67] level administrative decision,

01:14:32.18] but that just legis to

01:14:32.88] position and the indication I

01:14:35.31] was I was given at that time

01:14:36.55] was, well, we're going to

01:14:37.98] address this for the udc coats

01:14:38.65] rope which you heard about

01:14:40.89] from stark at the beginning of

01:14:45.39] this meeting. But hey, we all

01:14:46.79] over year and we had that the

01:14:47.53] face long that this isn't even

01:14:49.70] phase one is in phase 2 is

01:14:53.40] going to be sometime next So.

01:14:53.90] We're not at the point where

01:14:56.70] that's being fixed by the u d

01:14:58.91] can't Co script when it is

01:15:00.14] this tv sa, this development

01:15:00.87] standards adjustment will be a

01:15:03.48] moot point because that set

01:15:04.24] bought quick wind that will

01:15:08.35] taken out of the code. So we

01:15:10.42] were given budget that options

01:15:12.32] at the available tools being

01:15:13.52] an unused for each of the

01:15:16.99] individual.

01:15:17.69] >> Lots you just went through

01:15:20.66] an unused variance

01:15:21.90] application. And you can see

01:15:22.56] that based on disquiet over

01:15:23.20] us. And we didn't want to

01:15:26.60] tackle that on each lot. As as

01:15:28.42] they came in, so the only

01:15:29.10] other option was this

01:15:30.77] developments tend to suggest

01:15:32.41] Mont to address those specific

01:15:35.16] Why we requiring less than the

01:15:38.98] 20 foot Cairo setback. And so

01:15:42.24] we made that we Plan

01:15:42.75] Development Center development

01:15:43.45] plan to a regular development

01:15:47.66] plan with that. Requirements

01:15:49.73] in the in NOVEMBER and

01:15:50.36] submitted the concurrent

01:15:51.40] development standards

01:15:53.23] adjustment. And as I noted,

01:15:55.33] the annexation and the reason

01:15:56.57] we're approved, we went into

01:15:59.51] that. We so knowing and being

01:16:04.54] directed by staff 2 to this

01:16:05.15] development. Stand this

01:16:05.81] adjustment to address this

01:16:06.51] issue, even though we knew in

01:16:09.21] advance that it was an issue,

01:16:09.75] we knew that there was another

01:16:10.68] that could have addressed it.

01:16:14.66] We That's a pushed in that

01:16:17.39] that this direction because

01:16:20.36] stuff refused to in process

01:16:21.34] developments application we

01:16:25.97] had submitted. Let's talk a

01:16:26.60] little bit more about the

01:16:31.87] development plan. This is the

01:16:33.88] untied about as I know to the

01:16:36.65] site shape makes it very old,

01:16:38.48] quit. We have to try and fill

01:16:43.25] the gaps the best we can. And

01:16:48.19] we chose to an area and that

01:16:48.93] northeast Kona as mass habitat

01:16:52.23] area, we didn't look to do any

01:16:55.27] mitigation, which is an option

01:16:56.60] to remove the habitat area. We

01:16:56.70] do look to get it surveys to

01:16:59.71] reduce the habitat area. We

01:17:00.37] simply adult tooth that 300

01:17:03.78] foot buffer from the creek and

01:17:04.48] decided to preserve it is a

01:17:05.18] fun space. So it is over and

01:17:09.28] above what's required. In

01:17:09.98] addition to that to you, as I

01:17:12.15] said, could shape of the site

01:17:13.52] and the the applicant to get

01:17:15.16] the levels of density that

01:17:18.26] they need to make this a

01:17:22.36] viable project resulted in the

01:17:23.23] addition some single-family

01:17:24.27] attached product. Initially

01:17:25.67] they looking at single family

01:17:27.50] detached throughout the

01:17:29.24] project. Hence the original

01:17:33.18] off lax, medium zoning. But

01:17:35.28] later into themselves, only

01:17:36.55] creating for it in terms of

01:17:37.25] the type of product that was

01:17:39.12] an offer in this development,

01:17:43.58] but also to make sure that it

01:17:44.39] was a viable project that they

01:17:45.76] decided to incorporate some

01:17:46.39] additional single-family

01:17:50.79] attached product. And that's

01:17:52.68] tended to sign that challenged

01:17:55.87] communities have includes

01:17:58.47] this, stuck building design

01:17:59.17] which results Milan the half

01:18:02.24] of the attached unit having a

01:18:06.11] less setback and just provided

01:18:11.32] that apron Full x disability.

01:18:14.49] So as I know, it's just that

01:18:18.66] you saw diagram in Allison's

01:18:19.33] presentation that shows we

01:18:20.59] have the full actually more

01:18:22.33] than 20. We have a 22 foot

01:18:24.27] driveway which is intended for

01:18:25.70] parking and en the 7 foot

01:18:29.60] apron on the alternating side,

01:18:30.47] which is intended just to

01:18:31.24] provide visibility so you can

01:18:35.61] access the gar are safely. We

01:18:38.71] have a total of 122 units in

01:18:39.88] this development, 40 of them

01:18:42.72] all single-family attached.

01:18:44.65] And this applies to half. But

01:18:46.16] the 40 so only 20 units within

01:18:49.29] this 122, the unit development

01:18:54.70] have this second stunts at the

01:18:59.20] situation. I think kids

01:19:01.14] mention that, you know,

01:19:01.87] typically called a prince that

01:19:03.98] not cool driveways because the

01:19:04.64] not intended to function as

01:19:09.72] driveway for parking. They we

01:19:11.75] also meet many of the other

01:19:12.49] with little meeting all the au

01:19:16.19] flex median zoning

01:19:17.89] requirements, which

01:19:18.66] incidentally includes a 10

01:19:19.33] foot front setback for the

01:19:20.69] building. So you can have the

01:19:23.70] building 10 feet away from the

01:19:25.90] setback line. But that the way

01:19:27.64] this and it is now, if it's as

01:19:28.30] a car in the front of that

01:19:29.80] building, you have to push it

01:19:32.74] all the way to 20 feet. Guest

01:19:35.74] talking stunt is our exceeded

01:19:36.48] which I'll go into more detail

01:19:41.12] as space and So one of the

01:19:43.23] things I want to spend a bit

01:19:46.69] of time talking about is

01:19:47.59] whether this stent, meets the

01:19:48.26] intent of what the standard

01:19:51.36] was trying to the chief. And

01:19:54.76] and also about how meets the

01:19:58.97] code objectives. So the intent

01:20:01.94] to the stand optional stated

01:20:02.64] any way in the code. And it's

01:20:03.34] not clear what the intent of

01:20:08.45] and is the only thing that is

01:20:11.25] seems to be in a scene from is

01:20:12.56] that it was to provide

01:20:16.89] adequate space for parking.

01:20:17.99] The all provisions in the code

01:20:20.98] which basically state that you

01:20:24.40] any quite have a 20 foot

01:20:25.10] driveway if it's intended to

01:20:29.74] provide Paul King. And to

01:20:30.67] provide clear distance up.

01:20:31.37] Hawking. As I've noted, this

01:20:35.38] is not intended for parking.

01:20:36.82] And they're all provisions in

01:20:38.45] the code which say you can

01:20:39.82] have less 12 feet for your

01:20:43.39] pocket driveway. Driveway

01:20:47.16] area. So they're aspects of

01:20:47.89] the code which contradict what

01:20:49.83] this code requirements as so.

01:20:50.56] It's not really clear what the

01:20:56.38] intent of that was. And it's

01:20:59.34] so that that are contradictory

01:21:01.77] elements. We have required

01:21:02.47] parking provision of 2 spaces

01:21:05.68] per unit that's meant by that

01:21:06.38] 2 car garages. Every unit has

01:21:11.25] 2 car garage. That all 24

01:21:12.92] guests parking spaces required

01:21:13.59] by code and that's 10%

01:21:18.39] required parking. And we have

01:21:19.29] 65 guest parking spaces.

01:21:22.50] That's in that combination of.

01:21:25.50] The units that have 2 cars,

01:21:26.47] driveways for parking. And

01:21:29.47] also we have 14 additional

01:21:31.61] off-street spaces. The

01:21:33.64] majority those of concentrated

01:21:34.27] in the vicinity of these

01:21:34.98] units, which I'll show at not

01:21:41.28] to come. We we also have the

01:21:42.38] replacement road for the

01:21:43.45] Kettle Creek Road is called

01:21:44.19] Cattle Creek Heights. It's now

01:21:47.32] going to be a private road.

01:21:48.62] Much of that road allows

01:21:52.43] parking on both sides and I'll

01:21:53.50] just to that that shows the

01:21:56.37] overall so cattle Creek

01:21:56.97] Heights is the road that comes

01:21:58.50] in off Old Ranch road and then

01:22:01.97] kind of spit, guess not play

01:22:02.67] along that Western boundary.

01:22:06.18] Since the site said wherever

01:22:08.88] that road that's mainly along

01:22:09.58] the western boundary does not

01:22:10.58] have drive way access. It is

01:22:14.56] available for talking much of

01:22:15.85] that section closest to the

01:22:16.52] attached units is if I love

01:22:23.46] talking on both sites. As

01:22:25.33] noted a metric pull us in

01:22:27.53] district with a false talking,

01:22:29.27] stunned its own on the aprons

01:22:31.61] and and also on the private

01:22:32.97] streets of day, individual

01:22:33.87] private streets. That's if the

01:22:37.68] the units to not allow parking

01:22:38.38] because at to narrow so that

01:22:40.88] that will be enforced as well.

01:22:42.45] And then we got into ability.

01:22:43.42] This is the question came up

01:22:50.63] previously. And the one the 5,

01:22:51.86] 5, of sub minimum to provide

01:22:52.49] adequate disability when

01:22:53.13] you're pulling out of the

01:22:53.86] driveway and what the fighting

01:23:00.70] 7 feet. So this I just want to

01:23:00.97] focus on this area because

01:23:02.44] this area where applies to. So

01:23:06.48] this is highlighting the 20

01:23:09.41] loss with the reduced setback

01:23:11.12] and the 20 loss with the 20

01:23:13.18] foot setbacks that indicating

01:23:17.93] that it's every other every of

01:23:18.39] the units and just 20 units at

01:23:22.43] the whole development. We

01:23:24.36] highlight a tear green. The 11

01:23:25.63] guest parking spaces that are

01:23:26.33] in this area. There are 3 for

01:23:30.74] the noles. Sidewalks provided

01:23:33.34] on all sides both streets. I

01:23:34.45] believe that when we did that

01:23:37.21] to Coach Crossing Project. A

01:23:37.84] commission to see so did

01:23:38.58] actually have a consent about.

01:23:41.62] We haven't had sidewalks along

01:23:42.25] side in that project. We

01:23:46.95] listen to that and make sure

01:23:47.66] we provide sidewalks in both

01:23:51.36] sides streets in this case and

01:23:52.79] then of highlighted in blue

01:23:53.60] along the Kettle Creek

01:23:54.30] Heights. And it does actually

01:23:59.27] go the noles parking is

01:24:00.27] allowed both sides or at least

01:24:00.97] one side effects. Driveways on

01:24:04.81] the opposite side along that

01:24:05.44] street providing feta

01:24:06.18] substantial edition of talking

01:24:08.51] which we don't take into

01:24:09.18] account in any of

01:24:18.36] calculations. Going to next

01:24:21.49] criteria of the and his

01:24:22.16] adjustment to sit. Does it

01:24:22.89] advance the goals and policies

01:24:25.10] that the utc to the but 2

01:24:29.30] degree. So flex own. Was that

01:24:30.20] too, at old the off flex? And

01:24:30.87] so you have all facts low,

01:24:34.21] medium and high. The intent of

01:24:34.91] those says was to support to

01:24:37.98] try to project tides and

01:24:39.84] eliminate the need pdc. So I

01:24:43.42] can understand my encouraging

01:24:44.12] flex owning as opposed to pd

01:24:49.36] seas when it works. I think

01:24:50.56] this stand, it is preventing

01:24:52.99] the flex zones from actually

01:24:53.70] achieving that objective. So

01:24:58.57] the flex medium purposes to

01:24:59.30] finding code as a coma, dating

01:25:00.74] a mix of detached attached low

01:25:04.71] to medium density housing, a

01:25:06.13] mix of dwelling on the lot

01:25:08.28] heights building forms a dock

01:25:10.51] a and design is struggling

01:25:12.35] courage to break up the

01:25:13.65] monotony and provide a variety

01:25:14.35] of housing options. I'm going

01:25:18.42] to combat point late, sir. We

01:25:22.29] are providing a variety

01:25:23.32] detaching attached medium does

01:25:23.56] to developments in

01:25:28.38] development. And it's it's an

01:25:30.20] entry level that's meeting a

01:25:31.74] market need full missing.

01:25:32.90] Middle housing says a very

01:25:33.61] important aspect of why these

01:25:38.84] all flex ends with created in

01:25:47.92] the first place it's my

01:25:47.79] opinion that this 20 foot are

01:25:48.56] setbacks, street loaded 71st

01:25:49.26] Street loaded carriages. It's

01:25:52.66] not Friday low to few. You've

01:25:54.46] got to reload a project. You

01:25:57.17] can have that produced setback

01:26:00.64] and Gosh that back to produces

01:26:01.30] a Prentiss with without any

01:26:03.24] questions, any for the front

01:26:05.11] loaded. And that just doesn't

01:26:05.84] give that flexibility that the

01:26:09.95] zones were intended full. And

01:26:10.48] the setback also is

01:26:11.15] inconsistent with the code

01:26:11.75] that says you can have

01:26:16.42] lessened 12 foot driveways. So

01:26:17.45] and the other thing I want to

01:26:19.19] point out his staff of

01:26:19.92] recognize this and address and

01:26:22.23] distribute the seacoast grip.

01:26:24.23] Date the wording. So to being

01:26:25.63] vetted and it's that ready to

01:26:29.90] go. But it's that's a whole

01:26:30.50] list of things that are

01:26:31.24] included in that. So we've got

01:26:35.44] to wait another at least a 6

01:26:36.17] to 9 months. I would say until

01:26:39.88] gets fixed. Says a recognized

01:26:41.75] issue. It doesn't really meet

01:26:42.58] the objectives that flex

01:26:43.28] medium. And so I do think it

01:26:48.32] makes these criteria.

01:26:49.27] Offenses. The goals of you to

01:26:49.72] see this is a continuation. I

01:26:53.65] did also want to point out

01:26:55.10] that they're all just a few

01:26:56.53] that of that, we could think

01:26:59.63] many similar situations street

01:27:02.44] loaded homes with a show to

01:27:04.57] aprons. That's all restricted

01:27:05.61] from talking in the same same

01:27:06.91] way as with opposing either

01:27:08.64] through Metro through in

01:27:09.54] H.O.A. At that were approved

01:27:12.25] under the old code as a

01:27:12.92] planned unit development in

01:27:20.56] that case. Where we didn't

01:27:21.26] have a at 2 developments tend

01:27:21.93] until at that time it would

01:27:24.53] have a variance. So this is

01:27:26.63] not an unusual situation. So

01:27:29.73] it's just I think, in my

01:27:30.53] opinion, it's just error in

01:27:32.47] the code that needs to be

01:27:34.27] fixed and and the city fix it,

01:27:34.97] the best to it that we don't

01:27:35.67] have to come in front of you

01:27:42.86] every time too. For this.

01:27:42.82] Compensating benefits. I mean,

01:27:45.15] this this is a challenging

01:27:47.99] requirement is also

01:27:48.69] requirements of the pdc. Pdc,

01:27:50.99] look at bit holistically. We

01:27:52.16] have to look at it more in

01:27:53.23] terms of the specifics of the

01:27:57.20] in this case. In my opinion,

01:27:59.10] there benefits to the general

01:28:02.41] public. We can provide a

01:28:02.74] variety of attainable housing

01:28:03.44] in one location at different

01:28:05.14] price points with this

01:28:09.15] variation. We not only have

01:28:10.11] single-family detached, which

01:28:10.81] a couple of different product

01:28:13.35] types within that but also

01:28:18.59] enables with the attached to

01:28:18.89] provide different Shin's for

01:28:20.94] people. From a price point

01:28:22.96] perspective to be able to

01:28:24.39] afford to buy that first home.

01:28:25.13] And this is who face of proper

01:28:26.83] stay-ready are intended tools

01:28:27.40] somebody who wants to

01:28:33.54] downsize. We able to post

01:28:37.51] habitats and I in my mind that

01:28:38.14] it's we're going over and

01:28:41.25] above what's required. But

01:28:44.28] also this idea kind of

01:28:44.98] clustering development, maybe

01:28:47.22] not quite as extreme as some

01:28:48.62] clustering of developments can

01:28:53.93] be Much larger puts it natural

01:28:55.93] resources. We serving life

01:28:58.90] space and and then forcing the

01:28:59.97] density into a small area.

01:29:01.87] That is a compensating

01:29:03.87] benefit. The and then benefits

01:29:06.84] uses custom residents of the

01:29:11.17] proposed development again, we

01:29:12.35] able to also the builders a

01:29:16.56] bit, all product

01:29:16.95] differentiation competitive

01:29:17.85] prices and vary prices

01:29:18.52] throughout the development

01:29:19.25] that will be to the benefit of

01:29:23.97] future customers. The 10 foot

01:29:23.79] from building setback kind of

01:29:26.30] actually be achieved if

01:29:29.60] there's a front loaded cart

01:29:31.10] without So I think that's kind

01:29:31.97] that that this is a benefit we

01:29:35.77] can get from this that. And

01:29:37.11] isn't allowed with the current

01:29:39.21] standards. And also it

01:29:42.21] provides which goes back to

01:29:43.52] the point of the purpose of

01:29:44.18] flex, it says, break up the

01:29:47.82] monotony, get some building

01:29:49.56] variation, building up

01:29:50.59] tension, variation wife, UFOs,

01:29:51.26] push everything 20 feet by

01:29:54.53] because of this set back. You

01:29:55.99] caught me to get that

01:29:55.76] building. Articulation was

01:29:58.66] this allows us to do that. See

01:30:00.63] bringing some friends of the

01:30:04.42] homes and pushing this back,

01:30:04.77] which provides the opportunity

01:30:06.78] not only that variation, but

01:30:08.98] it brings some of the front

01:30:09.71] porch is closer to the Strait,

01:30:12.85] provides that opportunity full

01:30:13.58] interaction with neighbors and

01:30:14.22] just is just good for the

01:30:19.89] community and is immune the

01:30:20.66] community have to get those

01:30:24.98] woods and cassette planning

01:30:26.16] best lists, sustainable

01:30:26.80] resilient community is is

01:30:27.70] promoted by bringing those

01:30:31.63] porch is closer to the street.

01:30:32.57] And then to talk about the

01:30:33.64] open space requirements.

01:30:37.71] Significantly exceeding those

01:30:39.64] in terms of big chunk of that

01:30:41.78] is with that preservation of

01:30:42.38] can space for the mouse

01:30:48.58] habitats. But we are exceeding

01:30:49.22] old aspects of the active at

01:30:49.85] this pace, which is more

01:30:52.96] internal to the site and also

01:30:55.65] the Nona to said that Vick

01:30:55.79] that stand to divide the space

01:30:59.57] is being significantly

01:31:00.27] exceeded what she's committed

01:31:00.93] to the benefits of the few

01:31:04.27] cheeses of the development.

01:31:08.24] And then at the end imposes no

01:31:08.88] great impact on adjacent

01:31:12.51] property is this is a very

01:31:13.21] self-contained, a request in

01:31:13.75] its intensive. It's

01:31:15.28] internalized within this

01:31:16.72] development. It's not going to

01:31:18.85] result in any external

01:31:20.29] impacts. Some think that could

01:31:20.99] be considered in the context

01:31:21.62] that this would be. Is it

01:31:25.56] going to create an issue

01:31:26.53] Hawking in an adjacent

01:31:28.46] neighborhood there adjacent

01:31:32.34] neighborhoods that have access

01:31:34.87] to area and, you know, could

01:31:35.61] pocket Old Ranch Road. It's a

01:31:39.64] major So did. And top of that,

01:31:40.51] as noted, we provide more than

01:31:46.22] that to quit talking 3 times

01:31:46.75] exceeding the standards in the

01:31:49.65] code and which will to fight

01:31:50.39] enough guests. Paul King, full

01:31:54.53] residence. And with that, I'm

01:31:55.83] happy to answer any questions

01:31:57.56] and apologize that being a bit

01:31:58.23] lengthy and involved. But I

01:31:59.93] think only did explaining. No.

01:32:00.93] Thank you so much for him.

01:32:03.80] That was great.

01:32:04.50] >> Questions now are going to

01:32:05.20] hear from any public comment.

01:32:12.55] We might have. Okay. Okay.

01:32:16.48] Stay close. So with that,

01:32:18.90] we'll open to public comment

01:32:22.86] for it. For those in support

01:32:23.53] of this application, if we

01:32:26.36] have such. Once you have Dylan

01:32:31.17] signed up.

01:32:31.87] >> We do not have any members

01:32:32.97] of the public registered.

01:32:33.64] There's anybody that would

01:32:34.90] like to come in in this item,

01:32:40.74] please come forward. Online.

01:32:41.48] If there's anybody online that

01:32:44.21] would like to speak and

01:32:44.92] support or opposition of this

01:32:45.55] item, please unmute

01:32:50.19] yourselves. Frist r 6. There's

01:32:52.56] nobody okay. Great. Well,

01:32:54.63] thanks for staying. All right,

01:32:59.10] questions Commissioner Graham.

01:32:59.66] >> And I think I'm the one

01:33:00.33] that asked for that kind of

01:33:02.10] full presentation to Andrea.

01:33:02.77] So thank you very much for

01:33:05.42] that. That was very helpful. I

01:33:05.91] feel more comfortable with the

01:33:06.51] parking on Kettle Creek

01:33:09.24] Heights. Also just because I I

01:33:10.31] know how these residents are

01:33:11.21] that use their garage for a

01:33:11.84] storage unit and certain

01:33:16.58] times. So just having them to

01:33:17.25] have flexibility to park at

01:33:17.88] different locations is is

01:33:22.79] huge. So thank you. Thank you.

01:33:27.40] Anybody else with questions?

01:33:30.80] Okay. My question at our work

01:33:31.50] session was why was this not

01:33:33.50] on our consent to Tent hut?

01:33:35.80] The hut? I think because of

01:33:36.81] the that was my question is,

01:33:38.67] well, yeah, but I think

01:33:39.84] because of some factors, it

01:33:40.51] was determined by staff to

01:33:41.74] come as as it.

01:33:44.58] >> You did it or unfinished

01:33:45.62] business item. But I

01:33:46.72] appreciate the length the

01:33:48.15] presentation because we did

01:33:48.85] have those questions before.

01:33:51.29] And I think in some ways it is

01:33:53.59] semantics, substandard

01:33:55.63] driveway or a friend right Do

01:33:55.96] Perry different connotations

01:33:58.66] but could be misconstrued and

01:33:59.56] I think what you guys are

01:34:01.43] doing is really great. And

01:34:02.13] additional parking really

01:34:03.77] solves any of those other

01:34:05.64] challenges. But I think we're

01:34:06.34] just one of those inflection

01:34:07.44] points between like you said,

01:34:09.94] with the code changing. But

01:34:11.88] those I have sons are going to

01:34:12.85] be made for several months,

01:34:13.85] which doesn't help your

01:34:14.55] project today, but also just

01:34:16.38] how housing types and parking

01:34:19.49] types are changing in our

01:34:20.35] economy. These are issues that

01:34:23.19] we obviously are seeing, you

01:34:24.33] know, here and there. So I

01:34:25.64] appreciate all the background

01:34:26.76] that you gave It was extensive

01:34:27.73] and helpful for the both this

01:34:31.47] item and probably future ones.

01:34:32.47] >> Yes, and I was just at the

01:34:34.67] I was very involved in the

01:34:36.27] formulation of the off like

01:34:41.21] sending districts and just

01:34:43.16] they coats trip, not Coach

01:34:43.61] Greg Committee, the utc

01:34:44.31] committee when that was being

01:34:48.89] developed. And I understand we

01:34:52.96] we said when that was being

01:34:53.69] present, it that it's it's get

01:34:54.42] that's going to be things that

01:34:55.16] are wrong. That is going to be

01:34:57.99] things that need changing when

01:34:57.90] it to over 400 page document.

01:35:01.90] He caught hoped to anticipate

01:35:03.87] every scenario that MAY come

01:35:05.87] forward. And so it is a

01:35:06.57] learning learning curve as we

01:35:09.41] go through the fusty is I wish

01:35:10.28] this one would get fixed

01:35:13.21] sooner rather than later. But

01:35:13.88] and they're all there is a

01:35:17.25] process to go through. And I

01:35:17.92] appreciate that stuff to do

01:35:20.29] the best to to get through

01:35:24.49] that and that it just that's

01:35:25.16] why we're here. And like I

01:35:28.40] say, we went into it with eyes

01:35:29.56] open when when we we knowing

01:35:30.50] that we tough to do this stunt

01:35:33.50] us adjustment. Unfortunately.

01:35:34.20] And because we didn't expect

01:35:38.24] it to thanks, Biden.

01:35:39.79] >> Well, thank you. And I

01:35:39.74] think you've helped educate

01:35:42.18] some of us, too. So we

01:35:43.18] appreciate it. If there are no

01:35:45.85] other questions or comments,

01:35:45.45] stalker.

01:35:46.15] >> Quick comment. The reason

01:35:47.52] this wasn't on.

01:35:48.18] >> Kenneth Walker planning

01:35:54.59] director. Melissa. Sorry it.

01:35:55.29] Part of the rationale for not

01:35:56.53] putting this on the consent

01:35:57.23] calendars at this particular

01:35:57.79] item, this particular

01:36:02.40] argument. Has been voted

01:36:02.53] against by planning

01:36:04.67] commissioners in the past and

01:36:05.37] questions in the past. And so

01:36:08.54] we just didn't want to assume

01:36:09.21] that this had been already

01:36:10.18] argued answered. So that's the

01:36:12.24] rationale.

01:36:12.91] >> Thank you. I appreciate

01:36:16.32] that. Okay. If there are no

01:36:17.20] other questions that I think

01:36:23.22] we'll just move to a motion.

01:36:25.49] Sure questions or comments but

01:36:27.66] no speaking Robbins took route

01:36:28.46] to the neighboring comment. I

01:36:30.68] i'm one of those guys that

01:36:34.27] voted against originally.

01:36:37.76] After really taking the time

01:36:37.87] and reviewing all the hard

01:36:38.97] work and everything was put

01:36:39.27] into.

01:36:44.98] >> They can Happen. I think. I

01:36:45.61] really appreciate all the

01:36:47.62] work. Number one, I was you

01:36:52.22] guys did a good job. My my

01:36:52.92] fears have been overcome some

01:36:56.93] of the areas. And I think I

01:36:59.33] think this is a great project

01:36:59.86] for the area now the changes

01:37:03.43] because So protecting Wildlife

01:37:04.13] fund, everything else that

01:37:12.14] goes along with it. Thank you.

01:37:12.68] >> Commissioner my comments

01:37:15.98] are first of all, having an

01:37:16.68] Airbnb in Las Vegas which had

01:37:19.42] a very short apron and looking

01:37:21.22] at how the citizens in that

01:37:26.36] area part, I will say over 50%

01:37:27.93] of the houses cars were using

01:37:30.90] those aprons and the cars were

01:37:31.50] reaching well into the

01:37:32.80] sidewalk. If not the street.

01:37:36.64] So enforcing that I suspect

01:37:37.27] will be a little bit of a

01:37:43.21] challenge. However, I do

01:37:43.91] appreciate the aspiration of

01:37:47.95] the applicant to.

01:37:48.32] >> Change

01:37:49.18] >> Lay out of the way the

01:37:50.99] houses are. So it is not just

01:37:52.59] to cookie cutter all the way

01:37:53.89] across. I think that's a

01:37:59.43] constructive change. Like like

01:38:00.43] Other commissioners, I was

01:38:03.20] reluctant with this rezoning

01:38:07.42] because of the density. The

01:38:08.71] density going to be relatively

01:38:09.41] intense and there was limited

01:38:13.82] access to this area. I see

01:38:17.85] that you worked that hard I'm

01:38:18.82] still anxious about the

01:38:20.65] density, but it is well within

01:38:22.58] the our flex medium, the which

01:38:24.22] has been approved. So I will

01:38:28.29] be supporting this. And i

01:38:28.93] think you've done a very

01:38:29.50] clever job putting it

01:38:35.43] together.

01:38:36.17] >> Sorry didn't mean to stifle

01:38:36.77] commentary. Others with

01:38:41.14] comments. Would anyone like to

01:38:42.44] make a motion if you haven't

01:38:57.66] already?

01:38:59.76] >> Commissioner will be like

01:39:02.53] to make a motion. And to prove

01:39:07.41] item 7, a and development

01:39:07.70] standards adjustment to the

01:39:13.38] city Code Table. 2007.2 dash.

01:39:18.20] Section want provide a 7 foot

01:39:19.72] 7 foot front street loaded

01:39:20.45] garage setback for the unit be

01:39:23.59] product type located 2060, Old

01:39:29.66] Ranch Road.

01:39:29.76] >> Commissioner JULY second,

01:39:44.71] the motion.

01:40:05.39] >> Thank you. The motion

01:40:08.24] passes unanimously. Thank you.

01:40:14.58] And Johnny icu. Ready, see on

01:40:15.24] your fee. And I think we're

01:40:18.82] going to take a quick break.

01:40:19.52] Say 15 minutes, 5.10, so 5

01:40:21.32] till the hour

01:40:25.52] >> sorry, John t. Before we

01:40:26.22] get into what I know is going

01:40:27.59] to be a very lively

01:40:28.29] discussion. We're gonna take

01:40:43.34] 15 minute break.

01:53:47.68] Sit back.

01:54:02.93] >> Probably

01:54:49.41] Now. I

01:54:52.78] >> Let's do this. Of that. All

01:54:53.48] right. I'm gonna call us back

01:54:58.24] to order here. Did we lose

01:54:58.62] Johnny? He last saw his

01:55:03.16] energy, at least. Alright.

01:55:03.86] Alright salons. If you could

01:55:05.63] read our next item into the.

01:55:09.23] Record. Hi to loans. As for

01:55:10.57] excess read well, units

01:55:14.60] ordinance. I am 7 be.

01:55:17.77] >> Cod e dash 2, 6 Dash, 0, 0,

01:55:18.44] 0, 4, an ordinance amending

01:55:19.14] chapter 7 Unified Development

01:55:21.81] Code. You see of the cone of

01:55:24.45] the city of Colorado Springs,

01:55:26.38] 2001 as amended that's related

01:55:26.98] to hide. Allowances for

01:55:28.49] accessory dwelling units. Your

01:55:30.46] senator is Jenny might become.

01:55:32.69] >> Good morning Planning

01:55:33.39] Commission Johnny now pay cut

01:55:36.16] for the record. I hope you

01:55:37.30] guys have some energy for this

01:55:41.60] and I hope it's not too long.

01:55:42.27] So today I'm talking about

01:55:42.94] head-on, says for accessory

01:55:45.31] dwelling units. This is atc

01:55:48.46] Tax Amendment application. The

01:55:53.85] found numbers Cod e 26.

01:55:54.95] >> 0, 0, 0, 4, It pertains

01:55:56.12] explicitly to section 7, 3, 3,

01:55:59.92] 0, 4, and has citywide impact.

01:56:01.94] So just a little bit of an

01:56:02.16] introduction accessory

01:56:03.42] dwelling unit or an ad you as

01:56:04.19] a secondary housing unit on a

01:56:07.43] single family residential lot.

01:56:09.47] They're often called

01:56:10.50] mother-in-law suites granny

01:56:11.43] flats, backyard cottages are

01:56:14.41] the place where my mom lives.

01:56:15.84] >> And I really wanted to live

01:56:19.11] there or my or my son.

01:56:21.65] >> There are 3 types to use in

01:56:23.65] our Attach integrated in

01:56:26.75] detached for the purpose and

01:56:27.72] just to kind of go through

01:56:28.59] this. So we're on the same

01:56:29.25] page in a guys know so much

01:56:32.79] about it is after the

01:56:34.16] ordinance update that a year

01:56:34.99] and a half ago attached a

01:56:36.32] teaser physically connected to

01:56:37.70] your principal structure.

01:56:38.33] Integrated 80's are built

01:56:39.63] within the principal

01:56:41.53] structure. So you can think of

01:56:42.27] that as I can add a conversion

01:56:42.93] or basement conversion and

01:56:47.11] then a to you is an ad that is

01:56:48.84] located in a separate building

01:56:49.48] not attach the principal

01:56:51.24] structure on the same law. And

01:56:57.48] so this particular. Today only

01:56:58.52] is going focus on height.

01:56:59.32] Allowance is pertaining to

01:56:59.95] detach accessory dwelling

01:57:04.33] units. Ok? So why are we doing

01:57:07.80] this? So this?

01:57:08.50] >> This stand-alone, you see

01:57:10.73] tax amendments explicitly

01:57:13.57] addresses one shortcoming of

01:57:14.47] the 2025 accessory Dwelling

01:57:17.37] Unit ordinance. Update, which

01:57:19.14] went into effect. I believe in

01:57:22.83] JUNE of 2025. But it past it

01:57:24.85] was approved by City Council

01:57:25.92] after a number of revisions in

01:57:32.82] MARCH of 2025. One of those

01:57:33.56] basically states Todd in order

01:57:35.56] to obtain a 25 foot height

01:57:37.00] allowance. And you have to

01:57:38.93] have a garage that's being

01:57:41.73] converted to allow for that.

01:57:43.73] Otherwise, if you build a

01:57:44.44] stand-alone detached ad, you

01:57:46.91] can only be 16 feet. And so if

01:57:48.81] you look at the proposed

01:57:49.48] changes where proposing to

01:57:53.38] make a change that would say

01:57:55.35] the detached atu when attached

01:57:59.12] to a detached garage rather

01:57:59.82] than being and we're removing

01:58:01.26] a terminology being converted.

01:58:01.76] So throughout the

01:58:04.96] presentation, I'm not going to

01:58:05.53] say detach 80 un attached to a

01:58:06.23] detached garage lose you all.

01:58:10.97] You know, to me out. Instead,

01:58:12.27] I MAY say and associated are

01:58:13.23] connected to a just because

01:58:16.47] that's a tongue twister. There

01:58:17.21] are specific reasons why we

01:58:17.91] use that language. I'll talk

01:58:21.84] about that. So the other

01:58:22.98] reason why we're doing this

01:58:25.15] change is this this particular

01:58:25.85] conversion term results and a

01:58:29.22] number of things that That

01:58:32.19] essentially create more more

01:58:32.86] and unnecessary regulatory,

01:58:33.49] tape for folks. So, for

01:58:34.43] example, one of the things is

01:58:35.16] if you want to build a new ad,

01:58:40.77] you. In association with a

01:58:41.63] garage, you're needing to

01:58:42.53] submit a building permit for

01:58:43.20] your garage for his, build

01:58:45.87] eyes come back into an that's

01:58:47.34] unnecessary and wasn't

01:58:48.21] intended by the folks who

01:58:52.24] drafted our code. Myself

01:58:52.98] included. So that's one of the

01:58:58.89] reasons. I also want to just

01:59:00.69] show what this looked like

01:59:01.96] before the ordinance update.

01:59:03.89] So before we updated the

01:59:04.49] accessory dealing in an

01:59:05.19] ordinance, I'm sorry, before

01:59:08.33] we updated the code.

01:59:09.26] Pertaining to 80 is across the

01:59:10.30] board which went into effect

01:59:11.87] in JUNE of 2025. And again,

01:59:13.80] the goal of that update was to

01:59:15.67] make a less restrictive

01:59:16.40] regulatory environment for the

01:59:18.11] construction of a to use in

01:59:19.41] Colorado Springs to provide

01:59:21.48] more housing choice for color

01:59:23.81] springs residents increase

01:59:26.78] options for in a generation, a

01:59:29.85] living, etc. So before that

01:59:31.25] ordinance update the allowance

01:59:33.92] for to use the highlights for

01:59:34.62] to use was 25 feet or 28 feet

01:59:38.66] depending on your roof pitch.

01:59:38.76] And after the effective date

01:59:40.35] of the atu ordinance in JUNE

01:59:45.87] of 2025. We can change that to

01:59:47.10] a to us 16 feet. But if you

01:59:47.71] have a garage being converted

01:59:51.88] its 25 feet. Which as I

01:59:54.78] explained for, has a number of

01:59:55.45] unintended consequences and

01:59:57.25] creates additional burdens for

01:59:57.92] folks want to build. It is

02:00:01.92] association with garages. And

02:00:03.61] so we're just changing that to

02:00:03.69] detach. 81 attached to a

02:00:08.26] detached garage. Okay. So

02:00:09.46] project timeline. This was

02:00:11.69] drafted in AUGUST. As you all

02:00:11.73] saw, it was postponed from

02:00:15.34] SEPTEMBER to this state. We

02:00:16.50] did do some public notice. It

02:00:18.77] was rather limited for this as

02:00:19.71] this an ordinance that makes a

02:00:23.82] small change 2 to one small

02:00:25.18] provision in code. But but

02:00:29.15] just to kind of delve into

02:00:30.19] what we did, we emailed we

02:00:31.89] took our most up-to-date

02:00:32.59] available listserv of all the

02:00:33.29] H.O.A. Representatives and we

02:00:36.30] sent that out to them. We also

02:00:36.76] have a uvc advisory committee.

02:00:39.53] Some of you folks are on that

02:00:41.63] and we presented that in early

02:00:43.77] OCTOBER and then some of the

02:00:44.44] groups that have been vocal

02:00:46.64] about this specific provision,

02:00:47.27] whether for or against we

02:00:49.21] notified them as well and had

02:00:49.91] conversations regarding this

02:00:56.28] change. As you'll see in the

02:00:58.12] staff report. We do find that

02:01:01.62] this amendment does mean

02:01:02.39] Section 7, 5, 7, I 702

02:01:06.56] criteria for approval. And so

02:01:09.40] it is there and that sort of.

02:01:10.10] Justification for that is in

02:01:13.80] the staff report. And then you

02:01:14.57] will be able to approve or

02:01:16.57] deny this based on those

02:01:17.40] motions now pause for

02:01:20.98] questions. But I do want to

02:01:22.15] say one thing really quick. A

02:01:25.95] couple e-mails came in in the

02:01:26.65] we'll say final hour. And one

02:01:30.72] of which you did not get. And

02:01:31.45] to you via e-mail site printed

02:01:32.62] it. The other one you did get

02:01:33.66] be emailed in case you missed

02:01:34.36] that. I also printed here saw

02:01:37.86] hand those out. And then if

02:01:38.53] you have Brennan questions

02:01:41.80] after is on to them.

02:01:42.93] >> As you're heading out, this

02:01:43.57] is chair Jenny, as you're

02:01:47.44] handing those out. Are, do you

02:01:48.37] think we're going to hear from

02:01:52.14] these that submitted the

02:01:52.71] comments? Because I just some

02:01:55.98] questions about or from the

02:01:56.58] historic neighborhoods,

02:01:57.92] Partnership, for example, do

02:02:04.16] you think those folks Yeah,

02:02:04.86] okay. Then will go to public

02:02:05.56] comment and then I'll ask my

02:02:06.19] questions of that. Their

02:02:09.16] statement. Either from what

02:02:14.53] they say or Alaska to you. And

02:02:15.40] any questions for John, before

02:02:21.64] we open to public comment.

02:02:22.31] That would do comments and

02:02:23.81] then come back to you. That's

02:02:24.95] good. Okay. Sunday could

02:02:25.61] giving and signed up in the

02:02:28.75] room. Yes. Our first speaker

02:02:30.85] is.

02:02:31.35] >> Are Trammell.

02:02:33.72] >> I'm not sure he still here.

02:02:34.46] So let them know that he might

02:02:37.76] be leaving. And then our next

02:02:43.93] speaker is Jill Gabler. To

02:02:49.27] follow Johnny. Good morning

02:02:50.41] chair has learned Hensler

02:02:51.14] planning commissioners. My

02:02:52.34] name is Joe Gabler and I'm the

02:02:53.14] executive director of Pikes

02:02:56.68] Peak Housing Network.

02:02:57.35] >> This ad you Amendment is

02:02:59.52] both very reasonable policy

02:03:00.25] and also a good compromise for

02:03:03.46] all involved parties. This

02:03:04.60] amendment clears at the

02:03:04.69] ambiguity and zoning code

02:03:06.59] streamlines the development

02:03:07.63] process while reducing the

02:03:11.36] cost to build a to use to use,

02:03:13.10] especially those built above a

02:03:13.73] garage are often the most

02:03:14.90] economical for families to

02:03:16.90] build as they use existing

02:03:17.64] utilities and do not require a

02:03:21.48] new site. This is important

02:03:22.48] for families who are building

02:03:23.21] a home for an aging parent or

02:03:26.18] a glimmering child or who need

02:03:26.71] the rental income in 80, you

02:03:30.69] will provide. This. Housing

02:03:31.75] has become even more necessary

02:03:33.25] as a record number of young

02:03:33.96] adult children are living in

02:03:38.43] their parents. Homes. And up

02:03:39.63] Pew Research report to says

02:03:40.66] that 49% of adult children are

02:03:42.26] now living with their parents.

02:03:46.50] Yes, 49%. These young adults

02:03:47.10] are priced out of home

02:03:47.80] ownership as housing prices

02:03:50.78] have risen 3 times that have

02:03:54.82] incomes over the past decade

02:03:54.71] and with rising interest

02:03:56.55] rates, mortgage payment is out

02:03:57.21] of reach for many of these

02:03:59.78] young folks in our workforce.

02:04:01.89] Without changing the character

02:04:03.72] of our neighborhoods, 80 use

02:04:04.42] at the least, a noticeable of

02:04:06.22] incremental housing density

02:04:06.89] that is needed to keep our

02:04:08.93] city's fiscally sound with

02:04:10.83] enough taxpayers paying sales

02:04:13.30] taxes to ensure city can

02:04:13.97] maintain its infrastructure

02:04:14.67] and provide sufficient public

02:04:18.24] safety. Many cities have

02:04:19.24] enacted a tu zoning laws over

02:04:20.21] the past decade. And the data

02:04:23.14] coming from the cities shows

02:04:26.51] that between 2 to 5% of homes.

02:04:26.78] Well, actually build an 80 you

02:04:29.48] on their property. This means

02:04:33.25] that even if 10% to the

02:04:35.86] approximately 127,000

02:04:36.46] single-family homes in

02:04:38.29] Colorado Springs. Bill, to you

02:04:40.93] a total of around 12,000,

02:04:44.53] 13,080 use will be built these

02:04:45.33] new homes would significantly

02:04:47.41] cut into the city's housing

02:04:49.94] deficit of around 27,000

02:04:51.44] homes. There is no downside to

02:04:52.46] this amendment. It will

02:04:53.78] increase housing supply at the

02:04:55.51] most needed price point

02:04:58.32] keeping families together,

02:04:59.72] provide needed rental income

02:05:00.32] for families who might

02:05:03.92] otherwise lose their homes all

02:05:03.82] while increasing the

02:05:06.39] population density. That is

02:05:07.16] needed to bring in sales tax

02:05:09.69] dollars for our city. Thank

02:05:10.43] you for your thoughtful

02:05:13.70] discernment on this issue. I'm

02:05:13.97] here to answer any questions

02:05:18.97] Thanksgiving. Appreciate it.

02:05:19.71] >> anyone else signed up, took

02:05:25.71] online if you'd like to kind

02:05:26.45] of you can state your name and

02:05:27.61] you'll have 3 minutes and we

02:05:29.15] MAY or MAY not answer your

02:05:29.72] question. But you can

02:05:32.55] certainly make a comment. I

02:05:33.52] know you and your family been

02:05:35.59] here all day. So thank

02:05:38.16] Business. Okay. This is the.

02:05:40.13] >> Sorry. My name's Dan

02:05:41.23] Rudnick. I'm hearing about

02:05:42.73] this for the first time. I

02:05:47.80] just have a couple is the West

02:05:48.64] Side still not allowed? Bill

02:05:51.91] debuts those figures. So the

02:05:52.68] numbers might be a little

02:05:56.84] skewed with the 127,000. Okay.

02:06:03.29] But why not? Each property has

02:06:06.62] a height restriction. I know

02:06:08.59] like are 2 in the West side is

02:06:10.23] 35 feet. So why we live in

02:06:14.50] teen Atu to 12. So from 16

02:06:15.67] feet. Were bumping that up to

02:06:19.84] 25 feet. Is that correct?

02:06:21.77] >> You missed a whole lot

02:06:24.28] state legislation and local

02:06:27.21] implementation about a year or

02:06:28.62] so ago. And that put some of

02:06:31.59] those restrictions into place.

02:06:31.85] It.

02:06:34.39] >> Good to know. I just the

02:06:35.42] average Joe here. Appreciate

02:06:38.79] that question. Yeah. Okay. And

02:06:44.33] I think to kind of The sidebar

02:06:45.27] us too much on that. I would

02:06:48.24] love for you to stay after

02:06:49.60] your item and maybe with the

02:06:50.31] staff and they can play bring

02:06:51.44] up to speed. But there's a lot

02:06:53.61] of state and local.

02:06:54.31] >> Regulation, implementation

02:06:56.48] that set those height

02:06:57.18] requirements high of 70 thank

02:06:57.91] you, Thank you. But no, thanks

02:06:59.72] for being here. Civic

02:07:01.58] engagement is great and we do

02:07:06.42] more of But

02:07:09.29] >> civil and civic, yes, let's

02:07:09.89] keep the civil civic

02:07:14.13] engagement. Ok, sir, let

02:07:15.38] anyone else online or in the

02:07:19.60] room that has questions or

02:07:20.64] >> comments, I should say,

02:07:21.37] comes in favor of this at this

02:07:22.44] point. That comment suppose

02:07:23.24] would be.

02:07:24.11] >> If there's anybody online

02:07:27.11] that would like to speak favor

02:07:27.95] of this item. Please unmute

02:07:32.56] yourselves first are 6 now.

02:07:36.52] There's somebody online.

02:07:37.19] >> And I'm guessing that we

02:07:37.89] don't have anyone in the room

02:07:40.19] or online that signed up to to

02:07:44.47] speak in opposition to this.

02:07:45.27] >> No, if there's anybody in

02:07:45.90] the audience said like to

02:07:46.73] speak in opposition, please

02:07:51.17] come forward. And if there's

02:07:51.91] anybody online that would like

02:07:53.38] to speak in a position,

02:07:54.11] please. Chris, are 6 to unmute

02:07:57.45] yourselves. There's somebody

02:08:01.18] in Okay. Great I think you

02:08:03.29] just read back up here. Then

02:08:03.85] to commissioners have

02:08:07.95] questions. Because you see. So

02:08:11.36] go ahead.

02:08:12.30] >> I appreciate you. Pointing

02:08:12.96] out the late receive emails

02:08:18.47] and I. Understand that

02:08:19.17] particularly from aging peas

02:08:19.90] emailed the concern they might

02:08:21.67] have over the death finish an

02:08:23.68] of attached. But I might not

02:08:23.94] be

02:08:28.31] >> aware of. Like PRESIDENT Or

02:08:32.48] additional practice that's

02:08:33.25] been adopted around the

02:08:33.92] definition of attached. But

02:08:37.82] their point seems.

02:08:39.29] >> Legitimate to say and

02:08:40.31] attach unit is not necessarily

02:08:43.66] a second-floor unit. And could

02:08:44.63] also conceivably be attached

02:08:45.30] to a garage in a different

02:08:49.20] way. How does existing

02:08:51.41] practice or precedent

02:08:55.31] influence this definition?

02:08:57.85] >> Yes, I did prepare a couple

02:08:58.48] slides in light of these

02:09:02.42] questions. A few things that I

02:09:03.99] I sort of want to say in

02:09:06.19] advance of maybe directly

02:09:07.12] answering. That is one. We

02:09:07.79] drafted the code and we use

02:09:11.13] the language attached to

02:09:13.20] detached garage specific and

02:09:14.26] not above specifically because

02:09:15.53] we wanted to provide a little

02:09:17.43] bit more flexibility. So the

02:09:18.74] intent really is that someone

02:09:19.70] would achieve in a tu that's

02:09:23.14] above a garage. That's what

02:09:24.13] let's set the building

02:09:24.71] typology of an ad that we're

02:09:27.91] aiming for here. But when you

02:09:28.78] specify that it's above youth

02:09:31.22] and mandate and external

02:09:33.29] staircase, you can have

02:09:35.58] internal space or if in the

02:09:36.29] future you end up converting a

02:09:37.96] small portion of garage or

02:09:39.86] adding on today due have a mud

02:09:42.33] room. You're running into

02:09:42.83] challenges, especially with

02:09:44.10] regard to building permit

02:09:45.27] review and stuff. So that's

02:09:45.30] one of the one of the reasons

02:09:46.76] done that. We've looked at

02:09:47.57] other codes and other cities

02:09:49.48] as well when making that

02:09:50.41] decision. And that's why we're

02:09:51.41] choosing not to specify that.

02:09:52.83] It's about. So the goal of

02:09:56.68] this. Isn't to create unique

02:09:57.35] loopholes to build the some

02:10:00.75] unique ad you that's hatched

02:10:02.82] to a garage in some way, shape

02:10:04.63] or form. It's to provide a

02:10:04.73] level of flexibility that's

02:10:10.40] reasonable. With that our code

02:10:11.13] is not defined to answer your

02:10:15.77] question. More directly. Arco

02:10:17.71] doesn't have a definition for

02:10:18.51] attached. What we do have a

02:10:20.58] definition for is a detached

02:10:22.61] structure. And that's right

02:10:23.61] here. And to read it, it's a

02:10:24.35] structure that is not attached

02:10:26.82] to another structure. And that

02:10:30.62] has no common wall in in

02:10:31.62] common with another structure

02:10:32.29] and that is separated by 3

02:10:36.73] feet. Or more from any other

02:10:38.36] structure structures that are

02:10:39.16] connected by a covered and

02:10:41.10] includes breezeway shall be

02:10:43.60] considered detached. If the

02:10:43.67] breeze weighs less than 12

02:10:44.37] feet in height or less than 6

02:10:47.24] feet in width. So that's look

02:10:48.11] at these questions here.

02:10:49.88] There's some conditions that

02:10:50.54] apply to that. I think you

02:10:51.91] could apply in these cases.

02:10:55.32] Answer that. The second thing

02:10:56.72] we don't I mentioned before,

02:10:58.92] we don't have a definition the

02:11:01.52] term attached to our code, but

02:11:04.32] we do have a definition for an

02:11:05.63] attached atu. Now, obviously

02:11:05.79] the in that case it's attached

02:11:09.73] to the principal structure.

02:11:11.77] And that says that that use

02:11:12.97] the term physically connected

02:11:14.34] by a wall or other permanent

02:11:15.14] connection. And so staff could

02:11:18.61] reasonably look at that and

02:11:19.27] build often do this because

02:11:21.74] that's the practice we have.

02:11:23.91] And and and apply that same

02:11:24.85] sort of language in the

02:11:25.48] context of his day to you

02:11:26.87] physically attached the

02:11:29.72] garage. Answer the question

02:11:36.96] roughly this is very helpful

02:11:38.50] as the definition to

02:11:42.37] >> follow along with then the

02:11:43.43] some of the concerns I was

02:11:44.14] understanding from hmp, but I

02:11:46.60] am.

02:11:50.13] >> Hoping you can. Help me

02:11:53.31] understand whether long is it

02:11:55.72] complied with all the

02:11:56.38] setbacks, a detached garage

02:12:00.59] could have a. Ad. You also

02:12:01.52] attached to the side of it as

02:12:02.76] opposed to the top.

02:12:05.69] >> That is absolutely correct.

02:12:06.83] The way the code is right and

02:12:07.76] you could take a detached

02:12:11.16] garage and you could attach. A

02:12:15.44] 2 due to that detached cries

02:12:16.14] physical physical connection

02:12:27.45] or a law. Thank you. Yeah. I'm

02:12:28.15] also happy to address some of

02:12:28.85] the other questions that came

02:12:30.19] up during public comment.

02:12:32.93] Although they're they're not

02:12:34.73] directly related to this. I

02:12:37.66] believe the question was,

02:12:39.34] well, it it that you can't do

02:12:39.96] a detached say to you in the

02:12:45.70] West side so that is not

02:12:47.91] within the West side detached

02:12:48.61] accessory dwelling units are

02:12:49.84] not permitted in what's known

02:12:51.71] as the Wild Land. Urban

02:12:52.38] interface overlay, which is

02:12:56.65] most of the West side. And so

02:12:57.85] that was not how the

02:12:59.75] ordinance, as you all know,

02:13:00.92] was initially rate and that

02:13:01.59] was in debt provision added

02:13:05.39] into it after public comment.

02:13:09.46] This particular height concern

02:13:10.86] was also something that was

02:13:11.73] added as a result of

02:13:13.47] discussion with stakeholders,

02:13:16.77] members of the public and

02:13:20.94] between hearings and so. I

02:13:22.24] don't have an answer as to why

02:13:25.21] that is specifically. I

02:13:25.91] believe there's that it that

02:13:29.62] that provision is related to

02:13:32.72] fire concerns being that the

02:13:33.42] Wild land urban interface is

02:13:34.12] an interface that when you do

02:13:34.76] construction has to meet

02:13:39.90] Appendix k which has elements

02:13:40.56] to what you're building to

02:13:43.33] ensure that its fireproof but

02:13:44.72] I mean, that's the best answer

02:13:49.57] after that.

02:13:50.17] >> Other questions from

02:13:58.82] commissioners. Comments from

02:14:07.63] commissioners. Maybe this

02:14:08.36] gloomy weather has made us all

02:14:13.63] very quiet

02:14:16.67] >> will just say that I the

02:14:18.61] language and the analysis of

02:14:23.45] this. With that mind, was

02:14:24.50] challenging attached to

02:14:26.41] Taschen attached, detached.

02:14:27.55] >> I had to do some parsing

02:14:28.62] through that again last night.

02:14:30.56] But I think that the intent of

02:14:33.66] this change is really

02:14:34.32] important and reduces limit

02:14:35.86] take some limitations that

02:14:36.56] were unintended consequences

02:14:37.33] of how the ordinance was

02:14:41.36] written. And just further, you

02:14:42.37] know, gives opportunity for

02:14:42.70] folks to build a variety of

02:14:43.60] product types and not have to

02:14:45.30] go through multiple permit

02:14:46.57] set. So I personally I'm I'm

02:14:51.91] in favor of. Approving this

02:14:52.61] item. And if there's no other

02:14:53.48] comments or questions, and I

02:15:03.29] think I ask for motion.

02:15:04.32] >> Commissioner will be like

02:15:04.99] to make a motion to approve

02:15:08.59] item 8, a.

02:15:11.90] >> motion to approve. Then on

02:15:14.63] use variance, a city code

02:15:15.34] section 2007.2, 5 and section

02:15:16.73] no, I'm not running right one.

02:15:18.74] So sorry.

02:15:21.41] >> How about 7

02:15:27.58] >> Be motion to approve item 7

02:15:29.65] be recommend approval to city

02:15:30.72] council recommended approval

02:15:31.82] to city council, the adoption

02:15:33.29] of an ordinance amending

02:15:35.32] chapter 7, the Unified

02:15:36.36] Development Code of the code

02:15:38.69] of City of Colorado Springs,

02:15:39.90] 2001 as amended as related to

02:15:40.56] height allowance is for

02:15:41.83] accessory dwelling units.

02:15:44.77] Sorry about that.

02:15:45.40] >> Commissioner to MISS A

02:16:00.18] second.

02:16:05.96] Thank you. The motion

02:16:06.49] passes unanimously.

02:16:07.23] >> All right. Thank you, Tony.

02:16:10.10] Appreciate work. Okay. Next

02:16:13.17] up, our new business and last

02:16:17.41] items for the morning. 10. 22

02:16:17.67] Ray Street Yard set back

02:16:18.41] sledge. If you could read item

02:16:21.94] into the record.

02:16:23.74] >> Item 8 a and v a r Dash. 2,

02:16:27.18] 6 0, 0, 0, 8, and a new Syrian

02:16:30.85] City Code Section 2007.2 of 5

02:16:33.35] and section want to allow 5

02:16:35.79] foot from your building.

02:16:37.76] Setback 23 Feet East usually

02:16:38.93] required for the property

02:16:40.96] located at 10. 22 race Street

02:16:44.30] and item 8 b and v a r Dash.

02:16:47.84] 2, 6 Dash, 0, 0, 0, 9, unknown

02:16:49.77] use variance to City Code.

02:16:50.87] Section 7.2 point to a 5 and

02:16:55.81] section sorry, Section 4007.2

02:16:59.88] 1 to allow a 5 foot rear yard.

02:17:00.58] Building set by where 15 feet

02:17:01.29] is usually required to the

02:17:04.22] property located at 10. 22

02:17:04.96] race Street You Percenters has

02:17:08.53] and suffer. Good morning

02:17:10.96] Mission. Allison Stokke, a

02:17:11.43] senior planner.

02:17:12.13] >> So for last and say we're

02:17:16.43] going to discuss 2 non use

02:17:17.14] variances for the property at

02:17:21.11] tend to be to raise rates.

02:17:21.77] Before I get started. I do

02:17:24.14] just want to say thank you my

02:17:26.18] core for use application. Very

02:17:29.12] easy. I did not react but

02:17:30.42] because I have co-workers who

02:17:31.12] did all the hard work, it was

02:17:32.24] actually a fairly easy review

02:17:34.32] for me. So just wanted to put

02:17:36.29] that out there. Think it is to

02:17:36.96] all of our stuff because a

02:17:37.63] great job to make our jobs

02:17:38.63] easy. Team 7.

02:17:41.50] >> Thanks for you. Do

02:17:43.57] >> so to get into the meat of

02:17:45.53] things the property is like i

02:17:47.77] said 10, 22 a street is an art

02:17:49.17] whose own property. So that is

02:17:49.91] a residential to family zoning

02:17:53.31] district. The property itself

02:17:55.28] is 1500 square foot lot to

02:17:56.58] platted. We'll talk about that

02:17:59.54] a little bit more here on the

02:18:00.85] next lights in the request

02:18:04.69] today is to variances to allow

02:18:05.79] reduced front and rear yard

02:18:07.56] set backs to support the

02:18:08.49] development of a single-family

02:18:14.57] detached unit. The record id's

02:18:18.40] are any. They are 26. 0, 809.

02:18:20.44] And the specific variance is

02:18:24.81] being requested is for a 5 but

02:18:24.91] front yard setback or 23 feet

02:18:26.98] is typically required in the

02:18:32.39] art whose own? If you are in a

02:18:33.39] stylish neighborhood, it is

02:18:35.32] the average of the adjacent

02:18:38.29] properties or I think it's 20

02:18:40.36] or 15 feet. Whichever is

02:18:41.73] greater son's case. It is 23

02:18:43.83] feet now CHAIRMAN At Time pre

02:18:44.80] application meeting through

02:18:47.84] some assessments of the

02:18:49.90] neighboring properties and

02:18:50.24] then the rear setback is

02:18:50.91] typically required to be 15

02:18:53.71] feet. That is up. Harden said

02:18:54.41] number. And in this case, we

02:18:57.91] are requesting a 5 foot. Rear

02:19:03.12] setback in Louisville. 15.

02:19:04.26] This property has been in its

02:19:07.16] exact same configurations

02:19:08.66] sense. What is the date? I

02:19:10.69] have run all gust 24th of 18.

02:19:12.93] 87. So this property has been

02:19:14.73] planted this entire time for

02:19:16.63] over 100 years and 6 vaccine

02:19:18.14] shape. As you can see here on

02:19:21.47] the subdivision, plat, I have

02:19:23.18] kind of clout at the exact lot

02:19:26.58] location so this is a very

02:19:27.48] unique situation because we

02:19:29.25] don't have a lot of properties

02:19:33.55] that are wholly Lots that are

02:19:35.36] this old that haven't been

02:19:36.12] developed tiny. Most of

02:19:36.89] properties in this area have

02:19:40.93] been developed and contain,

02:19:41.56] you know, various legally

02:19:42.26] nonconforming situations. But

02:19:44.47] this is. Definitely a very

02:19:45.47] unique situation for West side

02:19:46.97] to have a vacant lot. That is

02:19:50.44] actually it. Before we can get

02:19:52.51] into the setbacks, of course,

02:19:53.18] figuring out where the lot

02:19:55.38] lines are is also very

02:19:57.28] important in determining those

02:19:59.11] setbacks. So in the case of

02:19:59.75] how code is written today

02:20:02.75] through the utc, the frontline

02:20:03.49] setback or the front lot line,

02:20:06.36] I should say is the property

02:20:07.19] line that is separating a lot

02:20:08.96] from a public or private

02:20:10.46] street in this case because

02:20:12.70] Ray Street is the only

02:20:14.93] adjacent street that eastern

02:20:15.57] frontage is going to be a

02:20:19.60] front. Lot line. The opposite

02:20:20.34] of that, of course, is going

02:20:21.24] to be a rear lot line and that

02:20:22.94] is adjacent alley on the West

02:20:24.54] side and then the North and

02:20:26.61] south lot lines are going to

02:20:30.55] be our side parts. It is

02:20:32.69] important to note that the

02:20:33.55] public ally on the rear is

02:20:34.22] going to be a 15 feet foot

02:20:37.42] wide, an improved alleyway.

02:20:39.97] And then Ray Street is a

02:20:40.16] public street. It is a 60 foot

02:20:43.93] wide open right away. That is

02:20:44.80] also not currently meeting

02:20:46.37] city standards for the road,

02:20:48.50] but it is quite a wide right

02:20:54.28] away for this kind of area. On

02:20:54.98] screen here. You're going to

02:20:55.68] see a kind of a markup of the

02:20:56.38] site plan that was submitted

02:21:00.55] by the applicant what you'll

02:21:02.28] see here on the sheet is that

02:21:05.45] the red lines are going to be

02:21:06.22] your front yard. Setbacks

02:21:06.89] agreements are going to be

02:21:10.59] your rear yard set backs the

02:21:11.56] dashed lines are what the

02:21:14.36] setbacks are required to be

02:21:16.43] Bercow today. So as you can

02:21:18.24] see, the red and the Green

02:21:20.17] Beach, other. So essentially

02:21:23.37] making development of any kind

02:21:24.28] completely impossible. What is

02:21:26.49] being requested by the

02:21:28.25] applicant is those solid line.

02:21:28.98] So that would kind of building

02:21:31.68] and the low that would be

02:21:33.22] allowed if the variances are

02:21:37.61] approved has requested today.

02:21:38.29] The applicant also has on

02:21:40.19] here, the maximum primary

02:21:41.16] structure envelope just to

02:21:44.23] kind of give an idea of what

02:21:46.13] the possible structure might

02:21:46.97] occupy based on those

02:21:51.57] parameters. We have the law

02:21:53.54] does meet the requirements for

02:21:54.41] single-family detached.

02:21:55.81] There's a minimum lot size

02:21:56.44] requirement of 5,000 square

02:21:57.61] feet. In this case, it is 1500

02:22:01.45] square foot. Lots. The

02:22:03.62] applicant is able to meet all

02:22:04.32] of the other kind of standard

02:22:05.15] dimensional standards we have

02:22:07.99] for the Sun District. Ming

02:22:10.64] that the variants are approved

02:22:13.10] as requested today. So that

02:22:15.57] includes the site setbacks.

02:22:17.53] Lot coverage, maximum building

02:22:18.33] height, things to that nature

02:22:21.54] in all of those things. But he

02:22:23.51] looked at more closely at 10,

02:22:25.68] building permit. If this is

02:22:27.78] approved today. So I think the

02:22:28.48] important thing to note here

02:22:29.78] with this, she is just again,

02:22:31.78] the front and the rear yard

02:22:34.25] set backs our overlapping per

02:22:35.72] code. So without any kind of

02:22:36.36] relief development is not

02:22:40.13] feasible. This application to

02:22:43.50] come in to us on JULY of this

02:22:44.10] year. It went through 2

02:22:44.83] reviews just to make sure that

02:22:48.97] the 6 a bit was clean and

02:22:49.57] up-to-date and had some

02:22:52.87] additional notes. The couple

02:22:53.74] minutes we did have included

02:22:56.34] on the site plan. She included

02:22:56.98] some notes regarding the

02:22:59.28] wildland urban interface and

02:23:00.38] some of the general standards

02:23:03.28] around development in that

02:23:04.15] overlay and then some

02:23:04.85] additional kind of nuts just

02:23:08.61] reminding the applicant that

02:23:08.76] compliance with her. Any

02:23:09.42] future accessory structures

02:23:13.56] still has a code making sure

02:23:14.23] that any future fencing or

02:23:15.20] walls. Also me couldn't do not

02:23:17.23] park visibility within any of

02:23:19.97] the adjacent right of ways.

02:23:20.64] Course, this kind of unique

02:23:22.24] lot. So we want to just make

02:23:23.81] sure that that is kind of on

02:23:24.91] record and then also just

02:23:26.78] making sure that the applicant

02:23:28.11] is prepared to demonstrate

02:23:31.65] that they have adequate space

02:23:32.85] on site for the required

02:23:34.32] parking. So in the case of a

02:23:35.12] single-family detached, that

02:23:38.49] is it to parking spot minimum.

02:23:39.32] So that can be demonstrated 10

02:23:39.99] a building permit, whether

02:23:41.33] that's in a garage, we're

02:23:43.23] somewhere within a lot. So

02:23:44.90] those are just more fy eyes

02:23:49.90] for future purposes. In terms

02:23:51.10] of stakeholder involvement. We

02:23:53.45] did get a couple comments from

02:23:55.28] neighbors in the area. Most

02:23:59.15] fees. We're a preteen into

02:24:00.72] concern around, you know,

02:24:01.75] safety, visibility access,

02:24:04.69] particularly for emergency

02:24:06.32] services.

02:24:07.60] >> drainage potential issues,

02:24:07.76] their neighborhood character,

02:24:10.93] things like that. The

02:24:11.89] applicant did provide to

02:24:12.96] response letters, kind of

02:24:13.70] addressing some of those

02:24:14.33] concerns. And you can see

02:24:17.70] those in your packet well as a

02:24:18.73] result of some of those

02:24:20.47] concerns. We did double check

02:24:21.10] with all of our emergency

02:24:22.24] service providers just to make

02:24:24.31] sure that they evaluated the

02:24:26.47] site and the potential

02:24:27.34] development looking a little

02:24:28.18] more probably at the area. So

02:24:32.21] making sure that they had

02:24:32.95] access with fire apparatus is

02:24:35.55] and making sure that they had

02:24:36.75] adequate in gress egress

02:24:37.46] because this area is kind of

02:24:40.93] an odd. In odd situation with

02:24:43.10] there being the alley and then

02:24:43.73] the unimproved Ray Street

02:24:49.64] right away. To speak to that

02:24:50.34] further. You know, there were

02:24:51.60] no comments addressed needed

02:24:54.17] to be addressed during that

02:24:56.88] review in terms of emergency

02:24:57.61] services. Went our stormwater

02:25:04.19] enterprise did know that there

02:25:04.79] is possible chance that

02:25:06.69] drainage plan and how site is

02:25:07.39] developed potentially impact

02:25:08.69] other neighbors. So they are

02:25:11.16] requesting a final report to

02:25:11.89] be approved Pryor's any issue.

02:25:14.33] It's building permit. But any

02:25:15.90] drainage issues that might.

02:25:20.24] Come up with the acknowledged

02:25:21.42] and resolved through that

02:25:21.74] penalty unit letter process

02:25:22.37] prior to the issuance of

02:25:27.48] building. So with that

02:25:28.61] planning staff did find that

02:25:29.55] this application is in

02:25:32.25] compliance with plan c o s it

02:25:33.58] was a little fun to get to

02:25:34.79] right that section the staff

02:25:35.45] report. It got to lean on a

02:25:38.32] lot of our historic

02:25:43.66] preservation tape strategies

02:25:43.76] and goals and things we don't

02:25:45.53] often get to touch as much in

02:25:48.97] planning. So we did find that

02:25:49.67] This project does really help

02:25:52.67] end up with us dark area and

02:25:53.34] honoring our history on the

02:25:55.91] West side. And then

02:25:59.65] additionally, we have our and

02:26:00.35] normal criteria here on span

02:26:01.18] will go over because I know

02:26:04.35] that's not the first 90's

02:26:05.35] variance who for today, but we

02:26:07.86] did find that both

02:26:09.79] applications that the intent

02:26:11.16] of the review criteria both

02:26:12.19] with friends and then the rear

02:26:17.70] setbacks. So as I mentioned a

02:26:18.97] little bit for the final

02:26:21.37] drainage letter is going to be

02:26:21.97] a condition of approval

02:26:23.47] requesting commission to

02:26:26.11] consider through the potential

02:26:28.21] approval. This is something

02:26:29.31] that would have come up a time

02:26:31.35] of building permit regardless.

02:26:33.45] So the condition being added

02:26:34.15] here is more just redundancy

02:26:35.95] to make sure that that gets

02:26:37.62] captured before any building

02:26:38.39] permits are issued. So it's

02:26:40.32] not necessarily an additional

02:26:41.89] ask. It's more just to make

02:26:42.56] sure that that's on record

02:26:43.26] since we have the opportunity

02:26:48.93] to do so. That is my As you've

02:26:49.74] already met the He also has a

02:26:50.47] presentation. If you'd like to

02:26:52.57] hear it. Let's move to the

02:27:00.95] applicant. So welcome And if

02:27:01.82] you could, again, state your

02:27:02.52] name for the record and then

02:27:03.15] you'll have 30 minutes to

02:27:05.32] present this time.

02:27:07.32] >> Thank you.

02:27:08.89] >> My name is Daniel and

02:27:09.62] trustee of this property along

02:27:11.89] with my wife. And first and

02:27:14.76] foremost, I want to thank

02:27:16.13] Allison and her office. She

02:27:16.83] was amazing. She answered all

02:27:19.93] my questions. When into

02:27:21.27] details that probably didn't

02:27:27.74] need to be. Noted. I do have a

02:27:31.45] presentation, but actually

02:27:32.86] Allison's presentation is

02:27:32.75] pretty much the exact same

02:27:34.75] that I would give. I'm really

02:27:37.29] here for questions. If you

02:27:40.19] have any questions about this

02:27:40.56] property.

02:27:41.16] >> Or about some of the

02:27:43.33] comments that were brought up.

02:27:51.94] Are any of that?

02:27:52.64] >> Well, what do we have? You

02:27:53.37] just walk through quickly what

02:27:54.44] you and then and then we'll

02:27:56.41] see if that if that generate

02:28:00.21] some questions, Just because

02:28:01.68] there MAY be some, then you

02:28:02.82] have an overview of renderings

02:28:03.48] are other information or so

02:28:04.32] for much the same. But

02:28:05.22] >> go through. If there's no

02:28:09.56] big. So again played in 18 87.

02:28:12.93] It's 139 years old. The lot is

02:28:17.10] only 37 feet wide. Ray Street

02:28:17.83] to Ali. And that's that that's

02:28:22.24] the whole issue. It has not

02:28:22.97] changed in the last 239 years.

02:28:26.81] The slide. Back then there was

02:28:29.48] no restrictions or setbacks

02:28:34.55] and it's only through the

02:28:34.78] modernization of the codes and

02:28:35.48] stuff that this has become an

02:28:43.16] issue. So here again, with the

02:28:44.13] 23 front setback. Plus, the 15

02:28:46.68] foot setback on the rear that

02:28:48.97] equals 38 feet. My lots only

02:28:49.70] 37 feet wide. That's why we're

02:28:55.77] here. So we are asking for 5

02:29:01.25] foot on the front by foot on

02:29:01.95] the rear side. Setbacks don't

02:29:04.88] really matter at this point

02:29:04.78] because I played the center.

02:29:05.49] Whatever is bill pretty much

02:29:06.82] on the center of the property.

02:29:10.89] But they are at 3 feet. Per

02:29:13.64] building code standards. I'm

02:29:13.86] allowed to build within 40

02:29:16.70] feet. If I up 2 about 40 feet.

02:29:20.17] That leaves the house roughly

02:29:24.24] at 88 feet long. If I get a 25

02:29:30.28] foot house on there. These are

02:29:32.68] the 4 a criteria, I guess you

02:29:36.69] could say. That you guys or i

02:29:39.59] guess playing department has

02:29:40.19] to say whether this is

02:29:44.53] compliant with. I'll leave it

02:29:45.20] up for a second, but really

02:29:46.63] are answers to each one of

02:29:47.93] those. And the next 4 slides

02:29:49.97] school into a little bit more

02:29:51.30] detail. One slide each one of

02:30:06.35] these 4 criteria.

02:30:09.92] Commissioners go ahead.

02:30:10.59] Commissioner Cecil for the

02:30:11.79] record.

02:30:18.70] >> has I feel like my my gut

02:30:20.93] just this is the textbook

02:30:22.74] definition of no reasonable

02:30:26.45] use without relief. I lie. I

02:30:27.24] feel like that's fairly

02:30:29.48] Imagine if you had been

02:30:31.45] browsing on a real estate Web

02:30:33.15] site and come across a you

02:30:34.18] probably would have for that

02:30:35.32] reason found it kind of

02:30:37.15] obvious to be hard to use

02:30:37.95] threats and not on How did you

02:30:41.72] come to? I assess the

02:30:43.16] property. So technically this.

02:30:45.65] >> question, thank you. We

02:30:48.33] bought the House. And with the

02:30:50.50] house, we've got extra The

02:30:51.43] house sits on 3 lots. I got 3.

02:30:54.24] Lots next to me. And these

02:30:57.37] just these back to lots that

02:30:58.51] are on the other side of the

02:31:00.38] alley from last week on the

02:31:01.55] back. Lots because our house

02:31:05.54] is on 25th Street. Picture

02:31:06.85] that to me was that I that.

02:31:09.89] Yeah, here we go. If you look

02:31:15.32] at this diagram. On the far

02:31:15.70] left side where it kind of

02:31:19.20] comes to a point. I own the

02:31:19.93] little House just to the north

02:31:22.84] of little point. And then the

02:31:25.10] side, lots down, just one

02:31:26.78] down. And then I own the back

02:31:26.71] 2, lots on the right hand

02:31:31.15] side. That are the vertical

02:31:31.95] lots. So all that was

02:31:33.38] purchased with the property.

02:31:36.42] So it's not like. I just

02:31:37.57] bought this one piece of

02:31:39.69] property. I bought the house.

02:31:40.42] It just came with the property

02:31:42.32] and then it's like, well, lets

02:31:42.99] see if we can do something

02:31:45.76] with it. Right now. The North

02:31:47.80] lot is getting developed and

02:31:51.50] I'm just converting. This was

02:31:52.17] the you are humans. I tried

02:31:52.84] for an 80 you to begin with

02:31:54.74] because it's a detached

02:31:55.51] garage, but it's on its own

02:31:59.71] lot. So the city. I'm at now,

02:32:02.51] it's a 480 square-foot

02:32:04.48] single-family but we're

02:32:05.18] talking about the law to the

02:32:10.22] south of that and at this

02:32:12.59] point, so to answer your

02:32:13.29] question is we bought all all

02:32:16.96] ate lots together.

02:32:19.97] >> That's really helpful. And

02:32:20.90] that also.

02:32:22.17] >> They won't. Even though you

02:32:23.27] don't see lots the because

02:32:27.14] they show only the parcels. A

02:32:29.14] light. The north near a lot is

02:32:32.61] the house. It's a parcel be, I

02:32:34.22] think then there's see and lot

02:32:36.35] were talking about parcel So

02:32:40.12] there's 3, lots within parcel

02:32:40.79] seeing the House sits on 3

02:32:41.96] lots. They were never joined.

02:32:46.60] So it's it's West side. So.

02:32:52.57] >> All right. So the new

02:32:55.14] single family residence of

02:32:57.27] billion with the garage. Yes,

02:33:00.38] that was an existing

02:33:01.11] non-conforming structure. It's

02:33:01.85] one of lies you've had to come

02:33:04.45] One of the yes, it.

02:33:07.62] >> So the garage was

02:33:08.29] pre-existing structure. So

02:33:08.95] we're just converting that

02:33:12.32] into. Single family residence.

02:33:13.29] And since it's pre-existing,

02:33:15.49] we didn't have to because 40

02:33:18.80] years ago when they build a

02:33:20.40] garage I think variances for

02:33:22.60] full then for garage. Bill

02:33:23.20] backed it.

02:33:23.90] >> enough, Well, thanks. That

02:33:25.67] helps me understand the

02:33:29.54] history a little bit. Yeah, I

02:33:33.61] appreciate you maximizing

02:33:34.38] dwellings Colorado Springs as

02:33:38.29] we are definitely in a crunch

02:33:39.45] interested hearing any other

02:33:40.29] question. High-level questions

02:33:41.89] like this are comments MAY No,

02:33:45.69] I mean, I so as I as you

02:33:46.36] probably learned earlier, I

02:33:47.90] like to look at the county

02:33:49.83] assessor report. I was looking

02:33:50.53] at all your parcels. Yes, as

02:33:51.23] or as the presentations were

02:33:53.97] going on to that makes a lot

02:33:54.37] more sense.

02:33:55.42] >> So then that the north,

02:33:55.67] when that had the garage,

02:33:58.17] you're already developing

02:33:58.47] that.

02:33:59.14] >> Using have to come as in

02:34:03.45] development right now. You

02:34:06.18] know how building there under

02:34:06.82] construction. It's under

02:34:07.48] construction can. And so is

02:34:10.92] that a similar structure? It's

02:34:12.79] just a lot smaller. It's even

02:34:13.59] smaller. Yeah, because it's

02:34:14.23] on. It's only 20. It's a

02:34:16.59] standard garage. It was 20

02:34:17.56] foot by 24 feet. Gotcha years

02:34:21.40] is in that exact footprint.

02:34:21.70] And so this will be a bigger

02:34:24.70] structure of year. And like I

02:34:25.17] was asking for an extra 5 feet

02:34:27.17] instead of a 20 foot wide one.

02:34:32.51] 25 to make a a little bit

02:34:34.35] better house and this MAY not

02:34:35.58] be pertinent to our criteria,

02:34:36.28] but I'm just curious, do you

02:34:36.98] live in any of the homes? Are

02:34:39.25] these all rental properties?

02:34:39.89] No, I live in the current

02:34:42.26] South, 25th home. Okay. And

02:34:44.63] then the others will be rental

02:34:45.46] properties or potential for

02:34:46.19] sale. Yeah. Building the one

02:34:49.20] right now. More for a

02:34:50.27] mother-in-law. Sweet. Doing

02:34:52.37] more ada compliant just in

02:34:53.67] case parents should know

02:34:54.34] they're they're getting up

02:34:57.41] there. Even too. So building

02:34:59.51] that out for that purpose. But

02:35:00.41] it'll probably be a rental in

02:35:02.48] till I got to pay back the

02:35:04.38] loan, right? So it'll be a

02:35:05.62] rental until someone needs in

02:35:07.82] the family. Gotcha. Okay.

02:35:08.55] Thank you for that caller. Any

02:35:09.22] other questions or comments

02:35:14.96] from commissioners? He her

02:35:14.79] client and thus the rain. And

02:35:16.79] go ahead,

02:35:20.36] >> I mission Robin's here.

02:35:22.38] >> Okay. I got a question for

02:35:23.94] you. So the garage or working

02:35:24.70] on. Went out and I drove area,

02:35:27.71] grow that perfect a street.

02:35:29.46] You don't want to race on race

02:35:32.28] street and that dangerous yes.

02:35:34.21] So the building that you're

02:35:34.91] working garage or converting

02:35:37.48] is that one of the green?

02:35:38.22] >> Yes, the Green reported

02:35:42.56] okay, So that means to the

02:35:44.39] north of that. I did my

02:35:45.33] directions right?

02:35:46.65] >> I thought that was an ally.

02:35:47.26] But that haze treat.

02:35:49.26] >> Though, technically it's a

02:35:52.71] 10 foot alley. It's a now.

02:35:52.73] Yeah, they they the county

02:35:53.37] assessor's office kind of

02:35:57.67] says. It's part of haze just

02:35:58.67] because the wording and how it

02:36:00.38] kind of phrase But it's only

02:36:01.51] 10 feet. I doubt they would

02:36:02.61] fast fight that has a street

02:36:06.38] when it's only 10 feet.

02:36:07.42] >> yeah, that was a concern

02:36:11.32] are going well. Can you have

02:36:11.79] emergency exit?

02:36:12.49] >> Yeah. Now it's not. It's a

02:36:13.16] 10 foot alley. It was just

02:36:14.46] simply built for those 3

02:36:16.63] proper 3 neighbor. That's on.

02:36:18.36] I think it is it. It's your

02:36:21.43] house Everett Street. A

02:36:25.74] Charlotte. It was built for

02:36:26.40] extras as an ally because

02:36:27.27] there's 3 houses that they

02:36:28.94] build. I don't know. Maybe 20

02:36:32.16] years ago that have garages.

02:36:33.38] But technically I don't think

02:36:34.18] they have access to rate

02:36:37.35] streets even though it's open

02:36:38.35] erratically. They're supposed

02:36:40.29] to be using that alleyway, not

02:36:44.36] Re street, but really it's

02:36:45.97] opened or a street race street

02:36:47.76] that into that. Ali.

02:36:48.50] >> Yeah, goes right into that.

02:36:49.13] And then it goes to 25th

02:36:52.77] Street. Okay. Yeah. Just kind

02:36:54.60] of word that that lot is like

02:36:54.67] it's been used as a parking

02:36:58.14] lot right now. Everything.

02:37:00.28] Hold on get. Yeah, that's all

02:37:01.14] private. All your Oh, yeah. Oh

02:37:03.38] my. I have a greenhouse there.

02:37:04.68] >> I have a couple vehicles

02:37:07.85] right now that need work and

02:37:08.45] then a couple shipping

02:37:09.15] containers because everything

02:37:11.52] from the garage. That was a

02:37:12.56] garage out so I can actually

02:37:16.16] build house. So eventually the

02:37:17.26] shipping containers to go away

02:37:19.53] when a new house built. So put

02:37:22.83] everything back in there

02:37:23.73] >> that thing we've got to do

02:37:24.44] is make sure about the proper

02:37:26.90] greenidge. When you are

02:37:28.71] developing that area.

02:37:32.21] >> So from my yes, we do have

02:37:33.91] to worry about drainage

02:37:36.45] because Charlotte on the house

02:37:37.95] and they've had a lot of

02:37:38.82] drainage problems with water

02:37:40.79] coming down. The app, the 16

02:37:44.32] foot Alley way and crossing

02:37:45.29] over in going more into their

02:37:48.80] driveway and stuff. But again,

02:37:49.76] that's more of a city issue to

02:37:50.46] grant it. I'll have to worry

02:37:53.77] about with this property. This

02:37:54.47] property is a little further

02:37:56.84] away and it's flat. So that's

02:38:01.21] why I was worried. I I don't.

02:38:03.82] It? Yeah, I can tell you the

02:38:04.28] history of how the water used

02:38:05.31] to flow before gutters and

02:38:08.52] stuff. That's all right. Yeah.

02:38:09.22] >> Okay. It was just kind of

02:38:13.39] curious about because it was

02:38:14.28] not targeted That's well.

02:38:17.26] Thank Rachel. Just doing due

02:38:17.96] diligence. I wanted to make

02:38:19.70] sure what we're talking about.

02:38:20.36] All right. Thank you. Thank

02:38:26.37] you.

02:38:27.44] >> Okay. Any other comments?

02:38:31.68] Questions from the diocese?

02:38:35.21] >> I'm not seeing many 2 MAY

02:38:35.95] have a comment. Would like to

02:38:38.85] make like to make a motion.

02:38:40.22] For moving to motion. I will

02:38:40.95] have a college to make. But if

02:38:43.66] we take public comment.

02:38:44.69] >> I I know there's a couple

02:38:46.43] people with concerns here. And

02:38:49.67] so we did do public comment.

02:38:49.60] We're still in your

02:38:52.70] presentation. Schiff Ph.

02:38:53.90] >> We yes, yes. Let's go to

02:38:56.70] public Sorry. I've asked for

02:38:56.74] public comments so many times.

02:38:57.40] Another been no comment. So

02:38:59.61] let's ask for those comments.

02:39:00.51] Do you want me to finish the

02:39:03.28] Are you done with your

02:39:03.95] presentation? We just want

02:39:04.68] cause asking questions that we

02:39:06.35] did. Out of protocol, sir. No

02:39:07.19] doubt we're protocols. It I

02:39:10.52] can take

02:39:11.52] >> Yeah, it's a question is

02:39:12.72] asked where it's after all

02:39:14.49] public comment. You'll have 10

02:39:15.52] minutes for rebuttal. So take

02:39:17.56] notes on what you want to

02:39:18.26] rebut from any public comment

02:39:19.76] and will take public comment

02:39:22.40] for those in favor of this

02:39:23.71] item. First, to have anyone

02:39:24.50] signed up to speak in favor of

02:39:24.97] this item.

02:39:25.70] >> a bill was the only other

02:39:28.51] one, I believe. And he's.

02:39:29.41] >> He had to leave. So other

02:39:31.51] than me, it was Bill.

02:39:33.28] >> We can't speak in favor of

02:39:33.98] Iran items, but you can call

02:39:37.52] your children up. I mean, you

02:39:38.22] you're presenting in favor of

02:39:42.52] your night. I'm so. Okay.

02:39:43.22] Good. Right. Let's take. And

02:39:47.29] those in favor of this item.

02:39:48.26] >> Our first speaker will be

02:39:55.17] bill means. We're okay. We

02:39:56.57] Let's see. See who's in the

02:39:58.81] room. And then we can check

02:39:59.41] online. That's the only

02:40:02.18] speaker that sign up. Well, at

02:40:02.84] it appears that we have at

02:40:06.45] least one individual here.

02:40:07.58] Yeah. And then we have in a

02:40:09.12] position all check online for

02:40:09.82] Are you speaking in favor or

02:40:15.22] in opposition? Talk where you

02:40:18.13] want to hold on one 0nd. Is

02:40:19.96] there anybody else? See you

02:40:20.63] sitting here all day. I die

02:40:24.67] you here for this item.

02:40:27.70] >> that was on our

02:40:28.44] >> consent agenda this morning

02:40:31.24] and was approved. I am so

02:40:38.52] sorry. Yes, our consent agenda

02:40:39.62] is items that we just a vote

02:40:41.59] to approve with one singular

02:40:43.42] vote. And we don't hear those

02:40:44.52] items in their entirety

02:40:45.16] because we've determined

02:40:48.59] through the. Staff report that

02:40:49.29] they meet the criteria and we

02:40:50.30] can just vote. Yes. So

02:40:51.90] congrats on your valvoline.

02:40:56.20] You're welcome.

02:40:56.87] >> Thanks. You too. I'm so

02:41:00.44] sorry you had to stay tech.

02:41:01.37] Thank you for your civic

02:41:05.18] engagement

02:41:05.91] >> Is there anybody else in

02:41:06.61] the audience that would like

02:41:07.28] to speak in support of this

02:41:13.45] item? Check online?

02:41:14.62] >> And there is no age limit

02:41:15.29] to speaking in favor of an

02:41:18.93] item. And your civics and

02:41:19.66] social studies, teachers would

02:41:20.50] be so proud of you, by the

02:41:25.77] way, just saying.

02:41:26.94] >> If there's anybody online,

02:41:27.70] they would like to speak in

02:41:28.40] support of this item. Please.

02:41:29.76] Unmute yourselves pressing

02:41:34.81] star 6. There's nobody okay.

02:41:35.55] >> All right, ma'am, thank you

02:41:37.78] for waiting. And I'm so sorry.

02:41:40.92] I was doing so well. And then

02:41:42.79] he said, let's answer ask many

02:41:43.85] questions that we got

02:41:44.96] sidetracked. So thank you. If

02:41:45.62] you'll state your name and

02:41:46.79] then you have 3 minutes. My

02:41:48.73] name is Charlotte Miller. I'm

02:41:52.20] a neighbor to the rednecks and

02:41:52.70] I have a concern that I would

02:41:53.57] like to bring up to this

02:42:00.67] board. I'm here express my

02:42:03.51] concern regarding this case.

02:42:10.88] And in fact, 2 cases. As

02:42:10.95] specifically regarding

02:42:14.59] emergency access and egress.

02:42:16.76] To give you a full picture of

02:42:17.42] the situation. It helps to

02:42:18.30] look at the surrounding

02:42:21.46] neighborhood layout. The

02:42:24.10] application and the requested

02:42:28.20] front yard setback reductions.

02:42:32.71] Are are the lot situated. A

02:42:33.61] couple. Lots from where my

02:42:38.45] property lies. It's also worth

02:42:39.35] noting that the applicant owns

02:42:42.90] an adjacent lot. That connects

02:42:47.22] to Hay Street. My family and

02:42:48.96] along with several other

02:42:51.70] neighbors rely on Hays Street

02:42:52.90] for secondary access and quick

02:42:55.73] evacuation, if necessary. For

02:42:58.80] many years the street provided

02:43:00.74] ample room for residents.

02:43:02.97] Delivery drivers, garbage

02:43:08.19] trucks and emergency vehicles

02:43:09.52] however, the boundaries stakes

02:43:12.92] have been placed because there

02:43:13.65] was a survey that showed where

02:43:17.66] his his property with situated

02:43:24.87] against, Hey Street. Recently.

02:43:25.57] We notice that it was only 12

02:43:30.61] feet. At the highest at that.

02:43:33.98] It is spot that prevents

02:43:36.50] vehicles from crossing a small

02:43:40.22] edge of the parcel.

02:43:40.95] Furthermore, there was another

02:43:44.39] developer. Who was in that

02:43:46.46] area to totally destroyed race

02:43:50.65] street and haze. He was

02:43:53.40] digging up the roadways too.

02:43:56.13] But in a utility connection

02:43:57.10] and it turned into a muddy

02:44:02.24] quagmire. And then most

02:44:05.71] recently, Nick Dug a hole in

02:44:06.98] the middle of Hay street which

02:44:09.22] shut the road down or the

02:44:12.22] alleyway for about a month.

02:44:14.62] And I had to request that they

02:44:17.76] reopen that in case there was

02:44:19.46] a fire or some sort of

02:44:22.90] emergency and in the area.

02:44:24.67] What Hay Street does is it

02:44:26.57] gives us a secondary exit in

02:44:29.84] case of an emergency. That

02:44:31.71] brings me to the topic of

02:44:37.45] historic use. Or what is

02:44:38.28] legally recognized as pre

02:44:38.91] script is at prescriptive

02:44:42.85] easement. Having lived in the

02:44:43.49] neighborhood for over 18

02:44:48.59] years. I've seen the community

02:44:49.26] continuously reply on this

02:44:54.67] route. Under Colorado law,

02:44:56.67] longstanding open public use

02:44:57.30] like this establishes and

02:44:59.97] important right away access

02:45:00.67] for the neighborhood that is

02:45:04.51] vital to preserve. Let you

02:45:06.58] finish. But your time is up.

02:45:10.35] So okay. Yeah. That's what

02:45:11.45] Speak. Very slow. It's okay if

02:45:12.75] you have one or 2 more

02:45:16.92] sentences. I do a q. So when

02:45:18.49] the review of municipal

02:45:19.13] guidelines, his street

02:45:21.16] functions effectively as an

02:45:22.36] alleyway and essential

02:45:25.97] secondary access route.

02:45:27.87] Section 4007.4. '03, of the

02:45:29.44] Colorado Springs Municipal

02:45:32.87] Code calls for roads used for

02:45:34.38] emergency access to maintain

02:45:36.91] an obstructive with. Or at

02:45:41.68] least 20 feet. At 12 feet wide

02:45:43.57] standard emergency vehicles

02:45:43.62] like fire engines are

02:45:46.27] ambulances. Would be unable to

02:45:51.16] pass. Under this city variance

02:45:53.26] guidelines. True hardship. I

02:45:56.33] won't read that part. I'd like

02:45:59.41] to ask the board to hold off

02:46:01.34] on approving this variance

02:46:02.91] until the access point can be

02:46:03.61] resolved collaboratively with

02:46:07.78] the neighborhood. As ensuring

02:46:08.65] safe access for everyone

02:46:11.62] should always be the priority.

02:46:13.52] I acknowledge the board to

02:46:16.36] take take this application.

02:46:23.68] Until To table this. This

02:46:25.37] action until a formal public

02:46:26.27] access assessment is

02:46:28.14] established. The keeps Hay

02:46:31.14] street a safe workable with.

02:46:31.74] Protecting neighborhood

02:46:34.48] safety. It's a shared

02:46:36.31] responsibility for all of us.

02:46:36.88] Thank you very much.

02:46:42.79] Appreciate it. Ma'am. I see

02:46:43.52] you also in the audience to do

02:46:52.66] is to speak.

02:46:53.36] >> ok, sounds good. Just want

02:46:54.30] to give you a chance. Just

02:46:56.90] wanted to be a chance. Okay.

02:46:57.57] I'm guessing that we don't

02:46:58.24] have anyone else signed up.

02:47:00.34] Okay. Yeah. Let's check one

02:47:03.87] more time.

02:47:05.38] >> If there's anybody online,

02:47:06.34] they would like to speak in a

02:47:07.83] position of this item. Please.

02:47:07.81] Unmute yourselves pursing stir

02:47:14.90] 6. There's somebody on my ok,

02:47:14.85] alright, Mrna q will then have

02:47:18.29] 10 minutes to

02:47:18.96] >> Comments that were heard

02:47:22.23] today

02:47:22.96] >> thank She ate again. Didn't

02:47:25.23] rank?

02:47:31.64] >> So

02:47:32.54] >> Shonda Rhimes. So some

02:47:33.67] concerns, And I do not

02:47:35.54] disagree with concerns, but

02:47:36.64] we're not.

02:47:38.35] >> Talking about that lot or

02:47:40.31] that Ali way to the north.

02:47:42.62] We're talking about a lot.

02:47:46.46] That's a full lot of way. 150

02:47:47.12] feet away. So does the city

02:47:49.53] need to do an assessment? Of

02:47:51.39] that corner, whatnot? I can't

02:47:57.40] say property quarter. She said

02:47:58.87] that the vehicles used to be

02:48:00.97] able to.

02:48:02.84] >> Around that. Yes, they

02:48:03.64] were. They were cutting across

02:48:05.61] by property illegally.

02:48:08.17] Obviously. So I asked the city

02:48:08.75] cannot read to find a property

02:48:11.12] corner. They said yes, I even

02:48:11.78] offered if they want to buy

02:48:15.22] part of the property. Or if

02:48:15.82] they wanted to build a

02:48:18.59] cul-de-sac on the in there,

02:48:19.22] they obviously that move

02:48:19.89] money. They probably didn't

02:48:21.46] want to spend. But they said I

02:48:22.16] can read a five-mile property

02:48:25.97] corner. Which is always been

02:48:26.67] there for the last 139 years.

02:48:30.67] So but the property were

02:48:33.94] actually talking about does

02:48:36.48] not mean the alley and does

02:48:36.78] not apply to that for the most

02:48:44.59] part. So I don't. That I guess

02:48:45.22] that that do you have any

02:48:46.76] questions about why? Why? Why?

02:48:50.49] I chose 5 feet. Why want to

02:48:52.39] build 25 foot house for says a

02:48:53.67] 20 foot house. Any of those

02:49:03.87] questions? Guess I

02:49:04.61] >> You know but do stay close.

02:49:05.34] We'll I think we probably will

02:49:07.74] have some questions. I mean, I

02:49:09.50] think a lot of as I look

02:49:09.95] through back to the public

02:49:10.61] comments, I do think that a

02:49:13.85] lot of the comments

02:49:14.52] >> we're either fifty-fifty

02:49:19.36] that the setbacks you know,

02:49:19.96] we're too narrow. Given

02:49:20.86] adjacent properties, which

02:49:21.53] that's the whole thing that

02:49:23.56] we're here for today. Right?

02:49:25.20] And then the other side was

02:49:28.10] was street access and and the

02:49:28.80] roadway and the drainage. And

02:49:33.14] so. Have you had any

02:49:35.94] conversations with city

02:49:36.78] traffic specifically around

02:49:39.28] the side trying to get know

02:49:39.71] outlet sign.

02:49:40.38] >> At the beginning of the

02:49:44.23] street. Not really but sites.

02:49:47.36] I have talked to fire. And

02:49:49.19] they said they can pull a fire

02:49:50.16] truck and and they come back.

02:49:52.83] A fire truck out census.

02:49:54.23] They're not using that little

02:49:57.87] bit of haze is on the map. It

02:49:58.50] shows the taste but that

02:49:59.40] little bit of access at the

02:50:00.40] end of racial 10 feet. So

02:50:01.37] they're b.

02:50:03.51] >> And that they can wait 6

02:50:06.71] feet. That there's no way have

02:50:07.61] a.

02:50:08.91] >> The largest suv ever

02:50:09.51] manufactured. The Ford

02:50:10.25] Excursion can I can barely get

02:50:11.75] through that 10 foot little

02:50:13.18] Alley, gotcha or Hey street as

02:50:15.95] yeah. Thank

02:50:17.92] >> And then one of the

02:50:17.79] questions as I have the mike,

02:50:18.49] this is chair Hensler which I

02:50:23.36] never say am. Okay. Is so size

02:50:24.96] of home that you're planning?

02:50:26.83] I think I saw some early. 2200

02:50:28.77] square feet. So how many

02:50:30.24] bedrooms, bathrooms occupants

02:50:30.90] are you you're not getting

02:50:33.14] that far yet?

02:50:34.47] >> All I know is that on this

02:50:35.79] piece property since so

02:50:35.98] narrow, we're going to have to

02:50:39.55] go up. So at least 2 stories.

02:50:44.92] Maxx footage. The 44% is right

02:50:47.32] at 2200 square feet. So that's

02:50:49.72] 88 feet long. And if I decide

02:50:53.60] to go. You guys don't approve

02:50:55.13] the 5 foot and I have to come

02:50:57.67] back with 7 and a half. That

02:50:58.33] just brings it down to a 20

02:51:02.94] foot. But that means I can

02:51:06.13] build on 111 feet. But it

02:51:07.88] doesn't leave room for

02:51:08.78] parking. Then.

02:51:10.84] >> But as you heard the item

02:51:10.88] earlier today, you have have

02:51:11.51] 22 foot setback for your

02:51:13.85] garage. But have to parking

02:51:17.65] which probably kick Denson

02:51:18.49] rolling his eyes, don't

02:51:20.62] conflate the but the right.

02:51:21.49] Those are the And I think

02:51:23.49] that's kind of the other

02:51:24.50] concern is how much traffic is

02:51:25.16] going coming down the road

02:51:25.83] with new residents. And I'm

02:51:26.53] guessing you're gonna have at

02:51:28.53] most a handful 2 or 3 bedroom

02:51:29.27] residents with some parking.

02:51:30.74] Yeah, it's just a standard

02:51:31.44] single-family residence were

02:51:31.70] not

02:51:34.11] >> I know it's I think it's to

02:51:36.13] family. Our tar do is to

02:51:38.31] family. We're just doing a

02:51:38.95] single-family residence.

02:51:42.65] >> So

02:51:43.45] >> yeah.

02:51:44.15] >> to street, there's only I

02:51:44.85] want to say 8 houses on that

02:51:46.15] street to begin with.

02:51:50.56] >> So adding. My 2, I mean, we

02:51:53.36] MAY go up to 9 and something

02:51:55.46] like that. So it's it's a dead

02:51:57.83] end street. Not many people.

02:52:00.64] Travel that street. Just

02:52:03.10] because it is pretty much a

02:52:03.44] dead ensure.

02:52:04.11] >> Okay. Thank Commissioner

02:52:08.11] Cecil.

02:52:09.88] >> Do we have anyone online

02:52:10.55] here from public works that

02:52:14.55] can speak to the streets in

02:52:15.15] this area. Yelich storm water

02:52:17.75] traffic. I don't if we

02:52:18.76] debated.

02:52:19.96] >> This this is pretty much

02:52:21.93] the last tree anywhere.

02:52:23.66] Probably Colorado Springs that

02:52:24.96] is not paved downtown area

02:52:28.63] where consider downtown.

02:52:30.84] >> So what I'm what I'm

02:52:32.50] seeking here is just a

02:52:33.20] confirmation. MAY even be the

02:52:33.87] little department. You can

02:52:37.84] speak to it. But he's of

02:52:38.58] according to the d a s records

02:52:42.32] that I'm reviewing officially

02:52:44.95] does. And at 25th Street and

02:52:46.65] does not continue even if

02:52:47.32] there has been informal use

02:52:55.16] event.

02:52:57.30] >> pathway between the narrow

02:52:59.37] lots and lots on 25th Street

02:53:00.50] is an alleyway and not a

02:53:05.11] street. So in terms of what

02:53:10.18] the customary uses. Don't

02:53:12.95] believe that. Or I don't

02:53:18.82] understand. Well, a nothing

02:53:20.22] case against Sarah wants to

02:53:20.92] chime in how the prescriptive

02:53:23.99] use would allow for a taking

02:53:24.73] of property for public right

02:53:30.50] of way. There. I just wanted

02:53:34.11] to make sure that we.

02:53:34.77] Addressed the concern that

02:53:35.74] even though it's in practice

02:53:39.51] been used, it's not part of.

02:53:42.31] It's not part of what factors

02:53:47.29] into this and it's not.

02:53:49.19] >> an actual law to let me let

02:53:50.39] me out the bank. Larry Fi what

02:53:51.28] you're asking because I'm

02:53:51.72] getting confused. But I think

02:53:52.53] here's what I think you're

02:53:54.59] asking is that little bit of

02:53:55.33] haze street that connects over

02:53:56.36] to 25th. Is that or is that

02:53:59.93] not concern? And are we really

02:54:00.94] talking about the width of

02:54:04.91] Free street? So if asking? I

02:54:06.34] might say, I think that is a

02:54:08.24] Part of it. Yeah.

02:54:08.88] >> Housing sector senior

02:54:14.68] planner. I would say that the

02:54:15.35] question of whether it's an

02:54:17.62] ally or whether it's page Hays

02:54:19.59] Street, I don't have the

02:54:21.66] answer. Clearly at the moment.

02:54:22.63] But I would say that that's

02:54:24.33] not germane to still dance of

02:54:26.53] his favorite lines. It's not

02:54:30.38] germane to the specific crest

02:54:32.74] today. However, like I

02:54:32.77] mentioned earlier in the

02:54:34.77] presentation, I did double

02:54:36.61] check with our emergency

02:54:38.51] services as well as traffic

02:54:40.71] engineering to see if there's

02:54:42.98] anything they wanted to to do

02:54:43.78] in regards to issue as a part

02:54:46.42] of this application, they did

02:54:47.12] not elect to make any further

02:54:51.62] comments or no any concerns

02:54:55.46] with. I think 1004 is the

02:54:56.16] address specifically. That is

02:54:58.90] not a part of today's request

02:55:02.10] and and traffic and emergency

02:55:03.20] services belts that they had

02:55:05.34] adequate access to race street

02:55:07.98] through other means of ingress

02:55:08.71] and egress to feel service

02:55:09.21] area without any

02:55:17.15] complications. Thank you yeah.

02:55:17.92] >> I do hope for a street.

02:55:18.95] Ends up getting paid properly

02:55:23.69] as it is a public street but

02:55:24.43] otherwise, I was just going to

02:55:25.36] reiterate my earlier comment

02:55:30.97] that this is definitional.

02:55:33.84] Version of reasonable use in

02:55:35.10] terms of Sepp acts by their

02:55:35.67] nature precluding building.

02:55:40.64] And I. Don't believe that the

02:55:41.65] 5 foot setback. It's in line

02:55:42.88] with our standards is going

02:55:46.42] lead to like any sort of sight

02:55:46.95] line complications.

02:55:47.55] >> Or anything on this

02:55:50.32] property. And so on.

02:55:50.99] >> Comfortable with moving

02:55:52.89] forward with the 5 foot

02:55:54.98] setback ending anyone else,

02:55:57.50] sir? Dissuading me. So can

02:55:58.10] looks like Commissioner

02:55:58.83] Robinson signed up to speak as

02:56:00.37] well.

02:56:03.74] >> Yes, commissioner Rob is

02:56:04.44] Yes, we just need to stick to

02:56:08.31] that lot. And you know, when

02:56:11.18] that was developed 139 years

02:56:12.51] ago, they didn't have the

02:56:13.28] codes we have today. And that

02:56:16.88] is a very narrow law. Well,

02:56:17.55] just to be able to do build

02:56:19.65] anything and pretty amazing

02:56:21.59] soul. I'm in favor of you're 5

02:56:24.69] foot setback front and rear so

02:56:25.83] that you can get something

02:56:27.63] halfway decent and there I

02:56:28.33] know they got to the property

02:56:30.43] is so tiny ones for sale. I

02:56:35.10] just had to be used to. To

02:56:39.38] Pele, and as part the road

02:56:40.71] goes, there's no racing on

02:56:44.45] race street. Dangerous. I'm so

02:56:47.62] I am. I'm in favor of what you

02:56:48.25] are working on. Hopefully

02:56:50.76] you'll make it a nice house.

02:56:51.96] >> Any other commissioners

02:56:57.67] have comments questions.

02:56:57.96] Shingle you're ready to make a

02:57:00.93] Looks like it saves speed. Got

02:57:02.94] to ahead, Sir.

02:57:04.74] >> Commissioner can make a

02:57:06.47] comment. I agree the

02:57:09.98] observation that this is a

02:57:11.31] you're caught based on the way

02:57:12.28] this was originally laid out

02:57:16.12] over 100 years ago with us

02:57:16.95] with this structure that just

02:57:17.69] cannot be used consistent with

02:57:21.26] the current code. And I agree

02:57:24.16] with Commissioner Cecil that

02:57:24.89] therefore allowing variance to

02:57:28.13] this is a prudent thing to do.

02:57:29.60] The other course of action. If

02:57:30.33] we're really going to fix this

02:57:32.39] would be to fix Ray Street and

02:57:37.77] to make it sufficiently. Well,

02:57:39.64] well laid out so that it did

02:57:41.81] provide access to the houses

02:57:42.45] that are on the northeast

02:57:45.85] corner of it and therefore,

02:57:46.48] the Hay street extension

02:57:47.72] becomes less sensitive. That's

02:57:51.42] not our job. Get a hold of

02:57:52.32] your city COUNCILMAN And tell

02:57:53.76] them that they ought work

02:57:56.53] that. But nonetheless, I think

02:57:57.26] that's that's the bigger issue

02:57:59.73] in terms of people who are

02:58:00.43] concerned about what's going

02:58:02.54] on. I will support this

02:58:03.34] particular action because it's

02:58:05.87] appropriate for the history

02:58:06.74] and what's feasible to go

02:58:11.21] forward.

02:58:12.31] >> Thank you, sir. I see a lot

02:58:13.68] of nodding along the dice and

02:58:15.87] I concur. I think that you're

02:58:15.78] locked into the law that you

02:58:17.92] have. And I think that it's a

02:58:19.91] far better used to develop it

02:58:22.19] into rental or sellable home

02:58:22.82] because we have a housing

02:58:24.30] shortage, then to leave it

02:58:24.69] vacant and full of weeds in

02:58:26.59] rodents. And who knows what I,

02:58:27.43] too, will be in support of I

02:58:30.70] would.

02:58:30.73] >> Look, she someone on the

02:58:38.14] days to make a motion, please.

02:58:38.88] >> you. How about now? Most do

02:58:42.16] prove I am

02:58:43.55] >> 10 22 race street, right

02:58:44.15] yard setback, non-Jews

02:58:47.92] variance. Motion to approve

02:58:49.69] the non-Jews variances City

02:58:51.99] Code. Section 7. 2.2, '05 and

02:58:55.86] section 7. Want to allow

02:58:57.93] reduced front yard building

02:58:58.66] setback based upon the finding

02:58:59.40] that the request complies with

02:59:02.10] the criteria set forth. In

02:59:04.87] City Code. Section 7.5 point

02:59:07.37] by to 6 with the following

02:59:09.24] condition prior to the

02:59:11.38] issuance of any building

02:59:12.35] permits or any site

02:59:15.86] disturbance is conducted on

02:59:15.75] site and approval approved.

02:59:16.45] Final drainage letter must be

02:59:17.88] submitted to the building

02:59:19.65] permit record or construction

02:59:22.59] plans as applicable.

02:59:25.59] >> Commissioner Clements a

02:59:25.99] second. It.

02:59:26.73] >> Before we vote or as we're

02:59:28.66] just want to make a

02:59:29.76] clarification of earlier and

02:59:31.70] made a comment that I didn't

02:59:33.87] think that the fence variance

02:59:35.80] was appropriate. Given the

02:59:35.40] slippery s#

02:59:35.52] #

02:59:35.66] #

02:59:35.80] #

02:59:35.93] that it might

02:59:37.91] create for other people to do

02:59:40.14] the same. And I recognize that

02:59:40.84] this type of thing could also

02:59:42.61] create that condition in your

02:59:43.81] neighborhood. Although a look

02:59:44.41] at those 2 things very

02:59:48.75] differently in the sense that

02:59:49.79] and if you like, these are

02:59:51.56] very unique conditions of

02:59:53.19] property and there's no other

02:59:53.96] way to build something that is

02:59:56.76] considered a residential lot.

02:59:57.33] So want to make that

02:59:58.13] clarification as we finalize

02:59:59.40] that folks that might seem

03:00:01.60] like I'm coming at these

03:00:03.44] issues that are very similar

03:00:05.20] in some ways but very

03:00:06.24] different other ways with a

03:00:06.91] different perspective. And

03:00:07.97] that is particularly why.

03:00:10.28] >> In this set neighborhoods,

03:00:11.98] there's only those 4 lots.

03:00:13.68] Yeah. So it's not slip. I

03:00:15.92] mean, eventually the other 2

03:00:16.98] might ask for it. Also. Sure,

03:00:18.32] but that's it. That's total.

03:00:20.62] Thank you, sir.

03:00:21.29] >> It was my commentary for

03:00:24.32] the moment. And go how to

03:00:30.73] vote. Thank you. The motion

03:00:33.87] paes unanimously right.

03:00:37.57] >> What could a basin it?

03:00:38.27] We've got a whole then we've

03:00:38.97] got one more. Yes, where's my

03:00:42.65] agenda here? And like when i

03:00:43.58] said Thank you. And thanks for

03:00:44.28] being Thank you for bringing

03:00:49.15] the whole family.

03:00:49.89] >> commissioner Albee and want

03:00:51.92] to make a motion to approve

03:00:52.46] item 8 b 10. 22 race street

03:00:53.42] rear yard setback. Not a new

03:00:57.39] experience. Motion to approve

03:00:58.86] the non-Jews variance of City

03:01:00.87] Code. Section 7. 2.2, 0, 5 and

03:01:05.27] section 7. 4.2. 0, 1, to allow

03:01:07.47] reduce reduced rear yard

03:01:08.61] building setback based upon

03:01:09.61] the findings at the request

03:01:11.28] complies with the criteria set

03:01:13.25] forth in City Code. Section

03:01:16.15] 7.5 0.5 to 6 with the

03:01:17.35] following condition prior to

03:01:19.49] the issuance of any building

03:01:20.24] permits or any site

03:01:23.16] disturbances conducted on site

03:01:23.79] and proved final drainage

03:01:24.46] letter must be submitted to

03:01:26.96] the building permits record or

03:01:27.63] construction plans as of a

03:01:39.17] couple. Commissioner 22nd.

03:01:39.81] >> Thank you. The motion

03:01:48.95] passes unanimously

03:01:49.82] >> given that a couple of

03:01:51.82] these items are quasi judicial

03:01:52.49] on today's hearing. I just

03:01:53.86] want to read the appeal

03:01:55.63] instructions in accordance

03:01:56.26] with the requirements of

03:01:57.63] Section 5007.4, 1, 5, of the

03:02:00.30] city Unified Development Code

03:02:01.20] and affected party MAY appeal

03:02:01.97] to the city council. Any

03:02:03.73] action of the city Planning

03:02:05.27] Commission in relation to the

03:02:05.90] zoning code reaction was

03:02:09.21] adverse to that party within

03:02:09.91] 10 days from final action on

03:02:11.48] the item being appealed, which

03:02:12.14] is Monday, SEPTEMBER 21st,

03:02:15.25] that is not correct.

03:02:15.88] >> a swat is 10 days from

03:02:26.76] today. It This. Not that. So

03:02:28.86] from within 10 days from the

03:02:29.76] final action item being

03:02:30.73] appealed today, which is

03:02:31.87] Monday, 10/26/2026. The

03:02:33.47] Appellate must file notice of

03:02:34.70] appeal and pay the $176 fee

03:02:38.51] with the city clerk. The

03:02:39.21] appeal notice should address

03:02:40.31] specific zoning code

03:02:40.98] requirements that were not

03:02:41.64] adequately addressed in the

03:02:43.58] City Planning Commission. The

03:02:44.68] city Council MAY elect to

03:02:46.41] limit discussion at the appeal

03:02:47.53] hearing to the specific

03:02:47.68] matters set forth in the

03:02:49.82] appeal. The notice. And with