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.

  1. 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

Video

Watch the 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

21:16a

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.