2026-10-22 - Zoning Board of Adjustment
Summary
Outcomes below come from the city's marked agenda, which records the action taken on each item; the notes that follow come from the meeting video.
- The city's marked agenda for this meeting lists only the call to order and roll call. Seven members were present (Perry, chair; Wang, vice chair; Callahan, Eicholz, Hutchens, Ingraham, Smrikarova) and two were absent. It does not itemize the variance requests, so the items below come from the video.
- Committee actions go to the Council on October 29, 2026; the next Zoning Board of Adjustment meeting is November 19, 2026.
Based on auto-generated captions (names and addresses may be misheard). Chair Matt Perry opened the meeting and referred to it as the September 24 meeting, which looks like a slip since the video is dated October 22. Six of nine members were present at the start; one more joined for the vote.
- Agenda and the previous meeting's minutes were approved.
- Item 4, 2415 Bloomington Avenue (fence height variance): passed on consent after a board member questioned the hardship finding. See 2415 Bloomington Avenue Fence Height Variance.
- Item 5, 4021 Queen Avenue South (variance to build within 40 feet of a steep slope in the Shoreline Overlay District): pulled from consent because two neighbors objected to runoff and earlier unpermitted fill; approved 7-0 following staff's findings. See 4021 Queen Avenue South Steep Slope Variance.
- Item 6: the 2027 meeting calendar was approved (it follows the council calendar).
- Staff reported no complete applications for the November 5 meeting, so it is canceled; the next meeting is November 19.
- The recording runs about 32 minutes.
Agenda
Marked agenda (as posted). Present: Matthew Perry (chair), Annie Wang (vice chair), Anna Callahan, Derek Eicholz, Adam Hutchens, Peter Ingraham, Taylor Smrikarova; absent: Ishmael Israel and George Shannon.
- Call to order and roll call. The posted agenda lists no further items; the variance applications heard at the meeting are described in the summary above (2415 Bloomington Avenue Fence Height Variance, 4021 Queen Avenue South Steep Slope Variance).
Next Zoning Board of Adjustment meeting: November 19, 2026.
Sources
- Marked agenda (LIMS): https://lims.minneapolismn.gov/MarkedAgenda/COW/16275
- Video: https://youtube.com/watch?v=W6SKkNqaitc
Video
Transcript
These are auto-generated captions; names and numbers may be misheard.
Transcript
00:08Hello everyone. Before we begin the
00:10meeting, I want to offer a friendly
00:12reminder to all board members, staff,
00:15and the public that these meetings are
00:17broadcast live to enable greater public
00:20participation.
00:21These broadcasts include real-time
00:23captioning as a further method to
00:26increase the accessibility of our
00:28proceedings to the community.
00:31Therefore, all speakers need to be
00:33mindful of the rate of their speech so
00:35that our captioners can fully capture
00:38and transcribe all comments for the
00:40broadcast.
00:42We ask that all speakers
00:44to moderate the speed and clarity of
00:47their comments.
00:48And with that, we will
00:51um begin the meeting. Um as I said, good
00:55afternoon. This is the September 24th,
00:572026 Zoning Board of Adjustment regular
01:00meeting.
01:01My name is Matt Perry, and I'm chair of
01:03the board.
01:04I will now call this meeting to order
01:06and ask the clerk to call the roll so
01:08that we may verify the presence of
01:09quorum.
01:12>> Board member Callahan.
01:13>> Present.
01:14>> Board member Eickholt.
01:15>> Here.
01:16>> Board member Hutchins.
01:17>> Here.
01:18>> Board member Ingram.
01:19>> Hi.
01:19>> Board member Israel is absent. Board
01:22member Shannon is absent. Board member
01:25Smirkarova is absent. Vice Chair Wang.
01:28>> Here.
01:29>> Chair Perry.
01:30>> Here.
01:30>> There are six members present.
01:32>> We do have quorum. With that, we'll
01:34proceed to our agenda, a copy of which
01:36was posted for public access to the
01:39city's legislative information
01:41management system available at
01:43lims.minneapolismn.gov.
01:47Is there a motion to approve this
01:48agenda?
01:49>> So moved.
01:49>> Second.
01:50>> It's moved and seconded. Is there any
01:52discussion on the motion?
01:54Seeing none, all in favor of the motion
01:55indicate by saying I.
01:57>> I.
01:57>> I.
01:58>> Any against, indicate by saying nay.
02:00That motion passes and the agenda is
02:03approved.
02:05I believe all the board members have
02:06seen a copy of the minutes from the
02:08September 24th, 2026 Zoning Board of
02:11Adjustment meeting.
02:13Is there a motion to approve?
02:15>> So moved.
02:16>> Is there a second?
02:18>> Second.
02:19>> It's moved and seconded. Is there any
02:21discussion on the motion?
02:24Hearing none, all in favor of the motion
02:26indicate by saying I.
02:27>> I.
02:28>> All against, indicate by saying nay. Any
02:31abstentions? If you weren't here, please
02:33abstain.
02:33>> Calihan abstains.
02:34>> Huggins abstains.
02:36>> And that motion passes. The minutes from
02:38the Zoning Board of Adjustment September
02:4024th, 2026 meeting are approved.
02:45Okay, some general instructions. A
02:48reminder to applicants and others that
02:50if you're going to speak at the public
02:52hearing today, please sign in on the
02:54sheet available with the clerk.
02:57And uh speak clearly into the
02:59microphone. If you've not signed in, you
03:01can do so on the way out.
03:03Also to applicants and others, please
03:05contact staff after the hearing with any
03:08questions regarding your projects.
03:11Uh and lastly, if you have something
03:13like this, if you could turn it off or
03:15put it on silent, I'd appreciate it.
03:18Let's review the agenda. I will read the
03:20agenda number and the address of the
03:22project and state whether it's slated
03:24for consent, continuance, withdrawal,
03:27return, or discussion.
03:29I'm just going to talk about what
03:30consent items are. These are items that
03:33will be passed without discussion by the
03:36board. We will be adhering to the staff
03:38recommendation found on your agenda
03:42under the items recommended motion
03:44section.
03:45Importantly, any applicable conditions
03:47will be listed in the same section.
03:50If you agree with the recommendation,
03:52including any applicable conditions, you
03:54need to do nothing and the board will
03:55pass it as recommended.
03:57After an item is passed on consent,
03:59you're free to leave the chambers.
04:01Please check in with the staff member
04:03assigned to that item if you have any
04:05questions following the decision.
04:07If you disagree with the recommendation,
04:09please indicate you'd like to speak
04:10against that item when I ask and we'll
04:13put it on the discussion agenda.
04:17So, let's look at the recommended
04:20dispositions of our items here. Agenda
04:23item number four is 2415 Bloomington
04:26Avenue. Staff is recommending this for
04:29consent. Is there anyone to speak
04:31against this item?
04:34I see no one.
04:35>> Can I ask a question of staff, Chair
04:36Perry?
04:37>> absolutely.
04:39Mr. Carrier?
04:47>> Hey, thanks. Uh, the question I have is
04:48just more for my own clarity and
04:50understanding.
04:51Uh, on finding number one,
04:55uh, challenges is it existing applying
04:56with the zoning circumstance? Could you
04:59maybe elaborate on what your finding is?
05:01I'm I'm not following, I guess.
05:04>> Um, sure. Uh, Chair Perry, um, board
05:07members.
05:08Um, with regard to the required finding
05:11for practical difficulties, um,
05:15the practical difficulty
05:17uh, in meeting the intent of the code is
05:20related to the changing grade with the
05:21adjacent property.
05:23Um, the adjacent property with a
05:25residential use uh, in the urban
05:27neighborhood zoning district, uh, it's
05:31about 4 ft grade change, um,
05:34and that's the reason there's a front
05:36yard requirement um,
05:39>> [clears throat]
05:39>> for this the subject property.
05:42Um,
05:43increasing a fence height would not
05:45affect the adjacent property, um
05:48and so the
05:50the
05:52the binding is met for that reason.
05:55>> So the
05:57just so I follow along, the
05:59they would not be allowed to have a 6-ft
06:01tall fence, or I'm sorry, they would be
06:02allowed to have a 6-ft tall fence if the
06:04zoning was the exact same as the as the
06:07parcel in reference. If that is only
06:10code extended to that one, they wouldn't
06:12need a variance. Is that what I'm
06:13understanding?
06:14>> That's correct.
06:14>> So the intent is to make sure that if
06:16these two types of zonings are next to
06:18each other, they don't build a 6-ft tall
06:20fence.
06:21>> Um
06:22>> But then we're saying since there is a
06:23hill
06:25they're alleviated from that.
06:27>> Essentially, Chair Perry, Board Member
06:29Hutchins, um
06:32the yard requirement in the urban
06:34neighborhood zoning district, um is
06:36applied for the first 25 ft on the
06:39adjacent parcel, which is the subject
06:41property.
06:42Um so
06:44but for that requirement, um the subject
06:48property would be allowed to have a
06:49fence up to 6 ft tall. Um
06:53the requirement is that it should not
06:55exceed 4 ft in height for that first 25
06:58ft. Um staff find it's reasonable that
07:02the height should be allowed to increase
07:04to 6 ft. Um
07:07because of the grade change of the
07:09adjacent property, the top of the fence
07:12on the adjacent property in the front
07:13yard, um would still exceed the height
07:16of the 6-ft tall fence on the subject
07:18property.
07:20>> I think that's where I'm going with this
07:21is that it doesn't alleviate or it
07:24doesn't help at all making it 6-ft tall
07:26if you can still hop over it from the
07:28higher grade change.
07:30That's I get That's where I get a little
07:32lost.
07:35>> Okay.
07:37>> Uh
07:38I'll leave it alone, though. That's
07:39fine.
07:39>> Are you satisfied with that? Otherwise,
07:43we can pull it.
07:44>> Sure.
07:45>> You're satisfied?
07:46>> Sure.
07:47>> Okay.
07:48>> Thank you.
07:48>> Um
07:49Thank you, Mr. Carrere. Um So, is there
07:52anyone I I asked if anybody was wanted
07:55to speak against it. Um I saw no one.
07:58So, let's go on to agenda item number
08:00five, which is 4021 Queen Avenue South,
08:03and staff is recommending this item for
08:05consent. Is there anyone to speak
08:07against this item?
08:09You'd like to speak against this? Okay.
08:11We will pull that.
08:16Pardon?
08:17Okay.
08:18Yep.
08:19>> I'm Kurt Adams.
08:20>> Oh, I'm sorry. So, how this works for
08:23discussion items,
08:25there's a process that we follow.
08:26>> Oh, sorry.
08:27>> So,
08:28>> Okay.
08:29>> Um Thank Thanks for being ready to
08:31speak, though.
08:32>> Okay.
08:35>> Um
08:36So, let's get to our one item that is on
08:40consent. Is there a motion to adopt this
08:43item on consent? This is item number
08:44four.
08:45>> So moved.
08:46>> Is there a second?
08:48>> Second.
08:49>> And there's a motion and a second. Is
08:52there any discussion on the motion?
08:54All in favor, indicate by saying I.
08:56>> I.
08:57>> Any against, indicate by saying nay.
09:01That motion passes, and that item is
09:03appro- That consent item is approved. Um
09:07And so, if you were here for that, good
09:10luck with your project. Um
09:14Um we wish you well.
09:16So, let's go on to
09:19agenda item number five.
09:25And I want to explain to the public how
09:28this works.
09:30Um The first thing that we do is we hear
09:34from the staff. They give a staff
09:36report.
09:37And then the applicant, if they're here,
09:41gets an opportunity to speak.
09:44I open the public hearing and then the
09:46applicant gets an opportunity to speak.
09:48And then
09:50anybody who's in favor of the
09:52application gets to speak.
09:54And then finally anybody who is not in
09:58favor of the application gets to speak.
10:01So it sounds like
10:02a couple of you would like to speak, so
10:04you'd be that last group of people
10:06speaking.
10:07And with that I'll
10:09hand it over to Mr. Rulet.
10:12>> Thank you.
10:16Chair Perry and board members, before
10:18you today is a variance application to
10:20authorize development within 40 ft of
10:22the top of a steep slope in the
10:24Shoreline Overlay District.
10:28The property is an interior parcel 6,583
10:32sq ft in size with frontage along Queen
10:34Anne Ave South at the west property line
10:36and no alley access. A single-family
10:39dwelling on the site was recently
10:41demolished.
10:47The zoning district for this property
10:49are urban neighborhood one, shoreline
10:51overlay, and interior one built form
10:53overlay.
10:54Um the surrounding neighborhood is zoned
10:56urban neighborhood one with urban
10:58neighborhood two and urban neighborhood
11:00three zoned properties toward Sheridan
11:02Ave to the west.
11:04The neighborhood is comprised of low and
11:05medium density residential uses.
11:08Portions of the property satisfy
11:10conditions for having a steep slope
11:12having an average grade of 18% or
11:14greater with a minimum horizontal
11:16distance of 50 ft and a minimum vertical
11:19distance of 10 ft.
11:22The existing conditions survey
11:25shows a 40-ft radius from the top of the
11:27measured steep slope. Uh with the
11:29location of the steep slope, any
11:31development the property requires a
11:33variance.
11:36The applicant is proposing to construct
11:38a two-story single-family dwelling with
11:40an attached garage.
11:43Regarding the findings for all
11:44variances,
11:47first, staff finds challenges exist in
11:49complying with the ordinance because of
11:50circumstances unique to the property.
11:53The topography of the site impacts the
11:54buildable area and any development on
11:56the property requires a variance. The
11:58buildable area impacted by a steep slope
12:01is considered a unique circumstance to
12:03the property. Second, the spirit and
12:05intent of the ordinance regulating
12:07development near the top of a steep
12:09slope in the shoreline overlay district
12:11is to preserve and enhance the
12:13environmental qualities of surface
12:15waters and the natural economic values
12:17of shoreline areas within the city, to
12:19provide for efficient and beneficial
12:21utilization of those waters and
12:23shoreline areas, to comply with the
12:25requirements of state law regarding the
12:27management of shoreline areas, and to
12:29protect the public health, safety, and
12:31welfare. Staff finds the proposed use of
12:33the property is in keeping with the
12:35spirit and intent of the ordinance. And
12:37third, staff finds that the proposed
12:39variance would not alter the essential
12:41character of the locality, nor be
12:43injurious to the use or enjoyment of
12:45persons or property in the area. The
12:47single-family dwelling use is consistent
12:49with other properties in the
12:50neighborhood, and the project would
12:52comply with all other applicable zoning
12:54requirements.
12:56Further, the project meets the
12:57additional standards for variances
13:00within the shoreline overlay district
13:01and standards for development within 40
13:03ft of the steep slope. I'll summarize
13:06here, um, erosion control devices will
13:09be employed during construction in order
13:11to protect public waters from any
13:13possible sediment intrusion. Vegetation
13:15will be added after construction to
13:17further stabilize the steep slope on
13:19this property. The project does not have
13:21a The project does have a soil erosion
13:23control permit, which includes
13:25monitoring of erosion control measures.
13:27There is no impact to visibility of the
13:30property from nearby protected waters
13:32and no watercraft access is proposed
13:34with the project. There is existing
13:36development on or within 40 ft of a
13:38steep slope within 500 ft of the subject
13:41property
13:42including dwellings on neighboring
13:43properties.
13:44The soil is adequate in supporting the
13:46proposed development. The proposed
13:48single-family dwelling requires site
13:50plan review and building permit.
13:52Construction code services will review
13:53the plans to ensure all aspects of the
13:55project comply with building code
13:57standards. New trees and vegetation
13:59coverage will be provided with the
14:01project and the development will be
14:03consistent with the appearance of the
14:04hillside when viewed from protected
14:06waters.
14:07I'll add that as a condition of approval
14:09um
14:10is that soil erosion control measures
14:12shall be implemented prior to
14:13construction and shall remain in place
14:15until construction is complete.
14:17Environmental health monitors that and
14:19they have been inspecting the site.
14:22With that, staff recommends approval of
14:23the variance to authorize development
14:25within 40 ft of the top of a steep slope
14:28in the Shoreline Overlay District. That
14:29concludes my presentation. I'll answer
14:31any questions.
14:32>> Thanks for that presentation. Are there
14:34questions?
14:37Yep.
14:38>> Hey, thanks for your presentation.
14:39Thanks you very Thanks for your
14:40presentation. Can you bring up a plot
14:41plan
14:42of that project?
14:44of the of the proposed project, yeah.
14:46Can you kind of indicate where the 40 ft
14:49would be?
14:50>> Yeah. Uh it's more
14:53best illustrated on the existing
14:54condition survey. So, I've got two
14:56measurements there that um A and B that
14:59indicate steep slopes.
15:00>> So, essentially it's undevelopable
15:04without having a variance.
15:05>> a variance application.
15:06>> literally nothing you could build there,
15:08it looks like, right? Including the
15:09front setbacks and everything else.
15:11>> Correct.
15:11>> Okay. Do you have a Do you have a slide
15:13that shows uh the actual buildable area
15:15if you met all zoning code?
15:17>> Uh I do not have a slide that shows
15:19that.
15:19>> Okay.
15:20Thanks. Appreciate it.
15:22>> Are there any other questions of staff?
15:26I see none. Thank you very much.
15:30And with that is I'm going to open the
15:33public hearing. Is the applicant
15:36present?
15:37Yep.
15:39We give you up to 10 minutes to talk.
15:43Um you can
15:46you don't need to use all 10 minutes.
15:50>> Um I don't really have anything to add.
15:52Um I think the staff person
15:54>> One thing you could do for me though is
15:56give me your name and address.
15:57>> Okay. I'm Caleb Caleb Germa.
16:00I serve as the president of Dream Homes.
16:02We do
16:03tear down and rebuilds of new homes.
16:05>> Okay.
16:06>> We've done over 100 in the city of
16:08Minneapolis.
16:09This happens to be one that needs a
16:11variance and that's why we're here.
16:13>> Okay.
16:14>> Um I have nothing to add from
16:15information. I think the staff member
16:18presented the information the best
16:21way I guess.
16:22>> All right.
16:23Thank you very much.
16:24>> Thank you.
16:25>> Is there anyone else who would like to
16:27speak in favor of this application?
16:32Is there anyone who would like to speak
16:33against? We know there's at least one
16:35person.
16:36And for people two? Okay. For people
16:39speaking against you get two minutes to
16:42speak against and that clock tells you
16:45when your time is up.
16:46And again, if you could do your address
16:48name and address, please.
16:50>> My name is Kurt Adams. I'm at 4020 4717
16:54Queen Avenue South to the north side of
16:55the lot.
16:56The contours that were shown in the
16:58existing conditions and the proposed
17:00development are false. The only way he
17:03achieved those was by
17:05bringing in loads of dirt and filling in
17:08the back of the lot. An 8-ft high lot
17:12height, 20 ft deep, 50 ft across. And
17:16that's what's shown on your existing
17:18contour map, but that was not the
17:20original contour, and that's not the
17:22contour as it is today after he took
17:25down the house.
17:26So, I'm
17:27puzzled why those contours are being
17:30shown like that when they don't exist
17:32and never existed.
17:34Another question is is this variance
17:37allowing him to build farther back on
17:39the lot than the the two adjacent
17:42structures because
17:44that's what I'm seeing in the proposal
17:46is that he's going farther back closer
17:47to the park
17:49creating more runoff. And with those
17:51contours, those contours come right down
17:52on my driveway, and again, I had 8-ft
17:56slope directly from my driveway up,
17:58and nothing was done. He didn't notify
18:01any neighbors, didn't notify the city,
18:02had no permits for any of that infill,
18:05and so, I'm wondering what
18:07accountability there is for violations
18:10for that and in the future.
18:12How How do you hold them accountable?
18:16>> Uh
18:17so,
18:19we're not a mediation board,
18:22but what we can do is we can ask staff
18:27some questions on your behalf. So,
18:31you've raised a couple of questions, and
18:33I'd like to ask staff or
18:36Mr. Ellis if he can speak to either of
18:38those things. Who actually regulates
18:40those things?
18:41>> Okay.
18:43>> Mr. Ellis, can you do that for us?
18:45>> Uh certainly, Chair Perry. Um
18:49the I I Mr. Willett uh spoke to quite a
18:52bit of it that a lot of that is handled
18:55through the actual erosion control
18:56measures are handled through
18:59Environmental Health Group uh within the
19:01City of Minneapolis.
19:03Um I will note that even it is in the
19:04shoreland, uh great regrading is allowed
19:07uh with permission from the city
19:10engineer and and the health department.
19:12There what has been an enforcement case
19:14environmental health health has been
19:16out. They've written orders on the
19:18property and have continued to monitor
19:20it during this time period and they
19:23still have it open and under monitor and
19:25are and are watching to make sure
19:28for things.
19:29>> Okay. So,
19:30according to those contours there's
19:32going to be a lot of runoff to my
19:33driveway and to my structure to the back
19:35of my lot.
19:36>> Yeah, so
19:37>> redirect that?
19:38>> I would like to ask Mr. Olson another
19:41question
19:42which is something that I often
19:46um
19:47heard before us is is this when you
19:53build a home, are you responsible for
19:57making sure that the water that falls on
19:59your property stays on your property and
20:01does not run off to other people's
20:03property?
20:04>> Uh chair Perry members of the board,
20:06yes. Uh there's a series of code
20:08provisions throughout um the city. Um
20:11the one specific does owning is fairly
20:13minor. We usually don't write the order
20:15related to that drainage because it's
20:17just follow best practices which isn't
20:19very enforceable. However, we do have
20:22elements within other portions of the
20:23code and the Minnesota building code. Um
20:26so uh it's not necessarily possible to
20:28have everything stay on your property in
20:30the in the current situation some would
20:31sometimes go off as well. However, they
20:33are required to create swales or do
20:35additional things to make sure that the
20:37drainage isn't going on to neighboring
20:38properties.
20:39>> Okay.
20:39>> Uh I have not analyzed the proposed uh
20:43construction in terms of that, but it
20:45would be something reviewed during the
20:46building permit process.
20:48>> Yep. So, uh again, we're not an
20:51enforcement body. We handle it um
20:54uh
20:55variances. Um so, we look at policy and
20:58see whether a variance is appropriate.
21:02Um but hopefully that gives you some You
21:06you may not be
21:07um
21:08And I don't I don't want to drag this
21:10out. You may not be um
21:13satisfied with that kind of answer, but
21:15there is
21:17there are requirements to not have water
21:21running onto your property.
21:22>> I understand that, but you're an
21:23approval body. And the way that it's
21:25shown, all that water is going to run
21:27onto my driveway, onto my structure,
21:30right? Adjacent to it.
21:33And that's part of your approval.
21:35That's not allowable. It's a city
21:37ordinance. You cannot allow water to run
21:39off to another property. And the
21:40contours are going to create that. And
21:42there's no way to create a swale given
21:44the distance and the contours that are
21:46shown.
21:48>> Understood.
21:50Anything else?
21:52>> Do not approve it.
21:53>> Okay.
21:55What's There's someone else who'd like
21:57to speak against it? And again, if you
21:59could provide your name and address for
22:00the record, please.
22:01>> Sure.
22:03>> [clears throat]
22:03>> Uh my name is Burket Keskin. I am at
22:054011
22:06Queen Avenue, uh a few houses north of
22:09the proposed structure. And I I get it.
22:13I mean, he's got to build someone on the
22:15property.
22:16Uh I guess my concern is more like that
22:19they knew they knew it when they bought
22:21the property. And to give them a blanket
22:24check to you can build anyone the
22:25property. I saw the proposed proposed
22:29structure, and just by looking at it,
22:30you can see that the proposed structure
22:32is already a good probably like 15 20 ft
22:35further towards the towards the what do
22:39you call like the the slope. The entire
22:41the entire block actually sits on top of
22:43the slope, and then there it really goes
22:45down steep towards the parkland. And by
22:49basically giving them like a blank
22:51check, hey, you don't have to adhere to
22:52this 40-ft variance, you will basically
22:56allow them to build anyone on the
22:57property.
22:58And um
23:00I'm not a I'm not an expert, but I mean
23:02just like hearing what has been
23:04previously done by the developer, I have
23:06I have great concerns to just giving
23:08them the blanket check without any, I
23:10guess like a second look at it. I also
23:13heard the staff person, it sounds very
23:16like I mean it sounds reasonable, it's
23:17the entire plot. But I think my original
23:20thought was that the 40 ft would stop
23:24would kind of like start at the end of
23:26the property to make sure that there's
23:28no
23:29significant runoff going to either the
23:31neighbors, but also into the park and
23:33behind it. So, that is my that's my
23:36objection. I don't think they should
23:38give you should be like I don't think
23:39the variance should be approved in the
23:40current form without some strong
23:42stipulations to make sure that the it
23:45doesn't create negative impact to the
23:47surrounding areas, neighbors, and the
23:49parkland behind it. Okay.
23:5130 seconds.
23:53>> [laughter]
23:53>> Thank you.
23:54>> Thank you.
23:56Um
23:58So, um is there anyone else who'd like
24:00to speak against this application?
24:03>> Can I ask a question of the applicant
24:05since we got the public hearing still
24:06open?
24:12>> Thanks for coming down again so maybe to
24:14address some of the issues they brought
24:16up. I see you have a retaining wall on
24:18both sides. There is a pretty steep uh
24:22water drain off
24:24to both sides. What's your plan? I don't
24:27see any like water mitigation plans on
24:29our packet so is there drain tiles,
24:31swales? What are you going to do here?
24:33>> And uh and
24:34in the existing [clears throat] in the
24:36proposed or the site plan,
24:38we indicated that we're going to be
24:39installing retaining walls
24:41um to mitigate
24:43runoff into the neighboring properties.
24:46Uh in addition to that, we'd have
24:47swales. All that is presented on the
24:49site plan. And typically
24:52which will also be the case for this
24:54project, the zoning department and the
24:56building department would be looking at
24:58the
24:59our application to make sure that we
25:01adhere to all the guidelines.
25:05>> So, it looks like you got Appreciate the
25:06answers. It looks like you got 2 ft of
25:07grade change from the adjacent property
25:10to
25:12we'll say the bottom of the retaining
25:13wall on your side of the property.
25:16At the bottom of that retaining wall,
25:18are you going to put some sort of drain
25:19tile or something cuz it's going to just
25:20pool there
25:21and seep into their property. Do you
25:23have any plan there?
25:24>> Mhm. It's um we're going to be grading
25:27it towards the backyard um ensuring that
25:30nothing goes over. I mean, we're lower
25:33than we're going to be lower than the
25:34neighboring homes. Mhm. So, there's not
25:37going to be a runoff into the
25:38neighboring properties.
25:40>> Thanks. Appreciate it.
25:41>> Yep. Thanks.
25:43>> All right.
25:44Um
25:45does anybody else want to speak?
25:48With that, I will close the public
25:50hearing. Board comment.
25:59Anybody?
26:00Mr.
26:02>> Feel like I'm uh monopolizing the
26:03microphone here. If anybody else wants
26:05to talk.
26:05>> ahead.
26:06>> Uh I mean, I
26:08uh I hear the neighbor's concern. I
26:09think it's a legitimate concern. I do
26:11see on the plan there's a retaining
26:12wall. It's a 2-ft grade change from
26:14neighbor to this uh property in
26:16question. 2-ft grade change is pretty
26:18significant to hold back retaining wall.
26:21I don't see a drainage issue. I see
26:23where they're coming from, but I think
26:24the staff got it right. I'd like to hear
26:26anybody else's comments, though.
26:27>> Thank you, Mr. Hutchins. Other board
26:30comment? Yes, Mr. Eickholt.
26:32>> Um yeah, I mean, yeah, ditto to all of
26:34that. I think um from from my my
26:37perspective, it you know, it sounds like
26:38that uh zoning staff and that will be
26:41keeping an eye on those things, too. So,
26:42I think it's something to for them to
26:44keep an eye on, and it sounds like that
26:46is part of the process, and it does seem
26:48like there are mitigation things going
26:49on to start with, and they'll be making
26:51sure that those are uh you know,
26:53continued going forward to get this
26:56final approval. But for in terms of the
26:58actual variance that we're looking at, I
27:00think staff found it correctly for for
27:02the things that are within our purview.
27:04So, yeah, I'll be in support.
27:07>> Okay.
27:08Anybody else?
27:12Yes, Mr. Ingram.
27:13>> I move staff findings.
27:15>> Is there a second to that?
27:17>> Second.
27:17>> It's moved and seconded. Is there any
27:19further discussion on the motion? And
27:22the motion is to
27:24um approve the request for the variance.
27:27So, with that, I will ask the clerk to
27:30call the roll.
27:32>> Board member Callahan.
27:34>> Aye.
27:35>> Board member Eickholt.
27:36>> Aye.
27:37>> Board member Hutchins.
27:38>> Aye.
27:38>> Board member Ingram.
27:39>> Aye.
27:40>> Board member Smirkarva.
27:42>> Aye.
27:43>> Vice Chair Wang.
27:44>> Aye.
27:45>> Chair Perry.
27:48>> I I don't vote.
27:50>> But I will vote aye.
27:51>> There are seven ayes.
27:56>> And with that,
27:59um
28:00your request is approved. Um to the
28:02people who dissented, I think one of the
28:05things you can do is talk to Mr.
28:07Carrier, Mr. Willette, I'm sorry,
28:11um about um
28:13the the process going forward and what
28:15kind of uh protections you can get from
28:18the city as they are as a project going
28:20forward, cuz you
28:22you hear the city is they're not just
28:24going to let things be built. They're
28:27going to be keeping an eye on the
28:29project itself. So, my hope is it all
28:33works out for you. I think it will.
28:36Um the other thing I would do is
28:38definitely keep in contact with the
28:41builder.
28:42Um and as long as he's open to
28:45communication, which it sounds like you
28:47would be, sir.
28:48Uh then, I think things will work out.
28:52Thanks for coming down.
28:54Appreciate it.
28:59Um we have an agenda item number six,
29:03which is approval of the 2027 calendar.
29:07Um as I often state um at this time of
29:10year when we have a calendar,
29:12uh our calendar is dictated by
29:15the council calendar. And so,
29:19um
29:19you can offer suggestions, but they will
29:22not be accepted.
29:24>> [laughter]
29:27[gasps]
29:28>> You have to run for council.
29:30>> [snorts]
29:31>> Um with with that, I would entertain a
29:34motion to uh
29:36approve the 2027 calendar.
29:38>> So moved.
29:39>> Second.
29:40>> And with that, uh maybe we can just uh
29:44do a uh all in favor.
29:46>> I.
29:46>> I.
29:47>> I.
29:47>> I.
29:47>> Any against? Any abstentions?
29:50That's approved. And so, uh let's just
29:53see.
29:55Um there are updates from Mr. Ellis, I
29:57know.
29:59>> Uh Chair Perry, members of the board, we
30:02do not have any complete applications
30:03that we're able to go in time for
30:04noticing for the November 5th meeting of
30:07the Board of Adjustment, so we will be
30:08canceling that now. Uh you'll receive
30:10notices on that via GovDelivery and
30:13whatever else.
30:14Um otherwise, uh we I believe we do have
30:17some applications that are in process
30:19for the next meeting after.
30:20>> Yeah, so I think the next meeting after
30:23is the 19th of November, if I have that
30:26right.
30:27So,
30:28if you could put that on your calendars,
30:30and we'll see you all then. Is there a
30:32motion to adjourn?
30:34>> So moved.
30:34>> Second.
30:35>> All in favor, indicate by saying I.
30:37>> I.
30:38>> I.
30:38>> I.
31:38>> Mhm.