##VIDEO ID:SGV68LsXSPM## e e e good evening I will now call this meeting to order our first order of business tonight is to adopt the agenda for tonight's meeting Commissioners is there a motion to adopt the final agenda so D got a motion can I get a second second got a motion and a second all those in favor oppos motion carries our next order of business is to adopt the minutes from our September 3rd 2024 Planning Commission meeting commission Commissioners is there motion to approve the minutes I'd like to move to approve the minutes second got motion as second all those in favor I I opposed thank you the motion carries we will now move on to our discussion items our first item tonight is item 3.1 a public hearing for an ordinance Amendment amending the fence sign commercial district and commercial use sections of the zoning code this item does include a public hearing I will now turn it over to city planner Brian McCain for a staff presentation then I will open the public hearing for those in the chambers this evening that wish to speak on the request thank you chair and Commissioners uh yes tonight we do have a public hearing for some ordinances that the Community Development Department has been working on uh over the last several months uh and that you have already had a chance to review Once so um we are bringing it forward for a public hearing and hopefully moving towards adoption with the city council so as I mentioned we are exploring a zoning code overhaul in the future uh but some of those districts need immediate attention and those are the sections that we're bringing forward for you this evening including our commercial districts right now we don't have any commercial districts because we repealed them last year because they needed some work and we're starting to see some movement in our South growth commercial area as you all have seen as well so we need to get some standards incorporated into the code for our fences we do have some uh standard Provisions that we're proposing such as maintenance to be safe clean and orderly for the fences and have them consisting of workmanlike quality with the single color and the framing inward on fences as part of the ordinance we're also addressing prohibited fences and applying a enforcement and appeals process and then we're also adding a vision clearance triangle so a sight line triangle to provide clearance at intersections you may recall uh recently some fences have been a point of contention regarding interference with the sight line triangle so we would like to get this incorporated as well for any future fence applications and then we also have standards for specific fencing distance requirements related to sidewalks and trails storm water main sanitary sewer and water mains that's just to protect our infrastructure and for the sidewalks and trails to protect our residents and have enough area for snow storage as well in the winters as part of the ordinance we're also looking at the height and permit requirements so uh also pretty standard to other areas in the Metro we are proposing a front yard maximum height of 4T with a zoning permit and then the side and rear yards they can go up to 7 ft with a zoning permit up to 8 ft with a building permit so that 7 to 8T range building permits are required uh a note from our city council when they reviewed these ordinances as well they did request that surveys be required for all fence permits to uh hinder any sort of encroachments onto neighboring Properties or city outlots and then for commercial fences up to 8 ft in height maximum to screen any outdoor storage with a building and and it must be compatible with the principal building so uh it must appear similar to the building and it's also required adjacent residential uses for any type of commercial fence with a 15t setback from Street and drive entrances uh once again to provide that Vision clearance then moving on to the signs uh also reviewed by you guys the goals are to provide cleaner language and address all different different types of signage as well as providing definitions for those and overall regulations for each type of sign we also are have a standard to uh address non-content controlled regulations in compliance with State statutes and then Fair applications for residential and non-residential districts so signage between a residential property and our Central business district business signage and then clean and organ organizing the appearance reducing uh the Clutter I think our current ordinance has about 30 subsections in it so trying to reduce that down to about 10 or so makes it a lot cleaner and then having good regulations uh to mitigate any hazards so uh bolting them to the buildings with footings making sure that the signs that are in our city are safe to walk under moving on to commercial districts uh a lot of this should not be new information I provide this table last time it was also provided in your report these are the types of primary uses that we are looking in our Central business district as well as our i1 light industrial district and our two new proposed uh commercial districts our neighborhood community or our neighborhood District which is a more typical what you would see on the corner of a residential development uh adjacent to say like a County Road your your neighbor Hood shop that you would go to or your neighborhood strip mall uh with very low intensity uses and then your community businesses where you would see uh sort of a community Hub your larger uses such as a grocery store or a gas station things like that and then here uh they're broken down in permitted conditional in a room and not permitted uses so anything with an N would not be allowed uh so we just have to address that specifically for some uses where they would or would not be allowed once again all these were provided in your report so if you have any questions on specific uses feel free to bring that forward and we can discuss those this evening and then looking at the accessory uses so these are what would be allowed in conjunction with the primary use so when you think gas station the main use is a retail establishment but if they were going to have gas pumps for example they need a conditional use permit in any of our districts so uh think of these as you know side uses for a property and then looking at the bulk standards once again these are fairly unchanged from when you reviewed them last uh I think the height difference was originally 45 ft we've actually bumped that up to 50 fet now between our Central business district uh our community commercial and our i1 light industrial once again for the neighborhood commercial should be similar to um what would go next to a residential type of development which does allow buildings up to 35 ft in height so we thought 35 ft was another reasonable adjustment for that area and then also providing setbacks for businesses from railroads since we have a railroad in town as well as setbacks from residential districts this is a new section that you guys haven't seen yet our designs standards so once again fairly common to other cities in the Metro um in terms of design standards so screening equipment or mechanical units so that they're out of sight we want our buildings to look good uh we don't want to be able to see the AC units or anything like that hanging out on the rooftops and then also incorporating standards for the primary accent and roofing materials so we're requiring at least 40% primary materials for a building with a maximum 30% of accent materials and then separate requirements for pitched and roof slopes in terms of roofing materials and then we've also added lighting requirements uh currently we don't have any lighting requirements in our Commercial Code so we want to make sure that we aren't impacting other properties with light pollution with any new uh developments coming in or any of our current developments to make sure that we are avoiding light pollution and then our Central business district does have uh Stronger standards I guess I would say and those are unchanged so those are just being moved over into this new ordinance from our current ordinance so not changing our Central business district standards at all uh but the standards that I just listed would be applicable to the C1 C2 and I2 districts or i1 districts uh also as an access use we would allow accessory structures for some businesses so they have to look similar to the principal structure they would only be allowed in the side or rear yard except gas station canopies those are considered accessory structures and obviously would be allowed in the front if we wanted our gas pumps closer to a road uh the size is limited to 10% of the principal building with one structure for every 5 acres and we would not allow any membran tents or shipping contain containers to be considered as accessory structures uh the cities that we come from we see that sometimes with uh residential property owners or business owners claiming that those are accessory structures and we just don't want that in our community and then the open space requirements uh the only two portions that are really being changed are the C1 and the C2 so just reincorporating those you may recall that we took them out with the commercial District repeal last year here so we're putting them back in now at the same percentage as what they were allowed before and then conditional use permits you saw this uh two meetings ago I believe so we're looking to clearly Define the intent applicability and duration of cups as you may recall our current ordinance allows a Sunset date for cups which is not compliant with State Statute if we wanted to apply a Sunset date on an application that should be done through interim use permit and not a conditional use permit and then formalizing the process as we normally do with a public hearing and an ordinance or resolution and recording that document with Carver County and then creating a process in case anyone wants to amend their cups and addressing non-conformities within the code section so not non-conformities with a property non-conformities in this code section and then also having a link to our Shoreland District because our Shoreland District also has specific conditional uses as well so here's a summary of everything that we discussed tonight I'll come back to the screen so that we can just uh discuss any of these further uh but tonight's request does include a public hearing which was published in The wakon Patriot it was also posted on the city's website and in the monitor uh in the lobby at City Hall and we do not have to send out individual mailing notices since this is a zoning text Amendment this affects the entire city and our zoning code and not a specific property so with that I have some sample motions on you for the screen this evening and I can go back to the slides if you have any specific questions about these changes thank you Brian I will now open the public hearing is there anyone in the chambers this evening who wish to comment on this item seeing no one in the chambers this evening could a Commissioners may I get have a motion to close the public hearing I'd like to make a motion to close the public hearing a motion can I get a second second have motion a second all those in favor I opposed thank you the motion carries the public hearing is closed I will now open the floor for the Planning Commission to discuss Commissioners any questions or comments for staff and one I didn't catch it when I was reading ahead of time sorry for not sending it um you said on the fences that surveys would be be required um I guess I'm just curious like is that pretty standard or is that it just feels like an extra step extra expense for our our community members that maybe do want to put fences in so just wanted to kind of clarify the thought process behind that one yeah uh chair and Commissioners so typically with a building permit is when we would require a survey that's in our code so any fences over 7 ft would have required one anyway uh zoning permits it's a little less typical um but we do provide surveys when someone comes in to apply for offence permit we look through our records uh we typically don't make them get a new survey because we most likely already have one in our files that we can provide them with in the case that we don't then uh any property owner looking to do a fence would need to go out and get a survey in this situation awesome thanks for clarifying Brian for what it's worth I think it's a really good idea because it avoids neighborhood disputes between Neighbors when fences are put in place and you find that it's you know six inches over the line so I I think it's a really good idea yeah I first of all I think the um revised ordinances are much improved from the iteration we saw about a month ago I have a couple small questions um in the Central Business districts commercial districts um I saw that you've regulated CBD oils those sorts of products where did we end up on cannabis flour dispensaries we talked about that last time but I didn't see it in the commercial District register yes uh chair and commissioner since it's not quite a permitted use yet we do have a moratorium on it at the moment uh if we do want to consider cannabis flower at some point we would have to do a zoning text amendment to include it we're not quite there uh yet with this current draft and we're not quite there with our zoning regulations yet we're still working on the draft so uh that will have to come back as a zoning text Amendment at some point but we're not proposing it as part of uh the overall ordinance this evening fair enough I just wanted to be sure it wasn't an oversight second question on Railroad setbacks I see that the setback is the same for residential as it is for businesses wouldn't we want a bit more setback for residential yes that is something we could consider um just keeping in mind for uh some of the recent developments that we've seen um we have the Victoria South residential development for example so they uh receive their approvals I believe at about 80% or 80 ft from the center line of the railroad that probably puts them around 60t so if that's something that the plane commission would like to incorporate that's something we can certainly explore further if you have a certain distance in mind that you would like to see a residential um setback from the railroad is is that the question yeah I certainly don't know what the right answer is but having lived in a house one time with a a railroad going through pretty much the backyard uh it it it is something I guess you get used to at some point in time but it's certainly a factor uh for property valuation and it's it's a nuisance um so I would just flag that for consideration again I don't pretend to know what the right answer is but 30 feet seems awfully darn close uh looking at this now for a business setback for a railroad is 30 fet and a residential setback uh the only type of residential that we would allow in our commercial is like a mixed use typ indust yeah so if we're proposing an apartment building or someone comes forward and is proposing an apartment building I guess I should say it would have to be at least 100 feet from the railroad that kind of cuts through our South growth area so help me understand Brian why do we have 30 feet for C1 neighborhood commercial and C2 commercial Community commercial Community commercial for business set back from I'm sorry for for residential district maybe it's just not a oh yeah sure so um I guess trying to think about this the way that we wrote it was that in our South growth area where a majority of our commercial is going to go we have a railroad down there on the opposite side of the railroad um and adjacent to the Victoria South development is where commercial is going to go and that a residential property so we got to think about those residents as well as the businesses um setbacks to incorporate those to make sure we're placing the business as a reasonable distance from residential buildings or railroads or other businesses okay maybe I'm not following entirely but I I don't know why we would why would it not be na with respect to pretty much all of these except for I don't know I mean residential districts and railroads don't seem to go together maybe it's just um so I can go through these one by one just toide some if I'm the only one that's confused don't don't bother are you confused on what a c1c2 neighborhood would be or no I'm just confused why there'd be a residential setback in a C1 or C2 area let me give Community commercial area it could be like if you had retail underneath an apartment I see okay like if you had kind of like if you had a lower level was so would be a mixed use area like a mixed use let me give some context here I understand that we have only one railroad going through the South growth area yeah is there a chance that we would have a business that would make use of the railroad well that's where you get into your light industrial that's 30 feet right yes so uh going through these bottom three just to give you some examples so uh residential setback from a railroad within our commercial districts so looking mostly at our C2 here for example right uh C2 would imaginably go in this red area you can see there is a portion that is adjacent to the railroad so we would if an apartment building was going here for example which is allowed in our C2 District we would want to make sure that apartment is a reasonable distance which we assume to be about 100 ft from the edge of that railroad okay um and then a business setback from a railroad looking at the red and the purple here these are business districts in our future land use PL and um it's a little more reasonable for a business to be closer to a railroad in case um they have any sort of association with the railroad in terms of their operations uh and also less impacts to a business than a resident when they're sleeping at night and a railroad goes through during a business that's closed during the night um so smaller setbacks for that and then setback from a residential District so looking at our yellow our orange our uh Brown here these are our residential districts so really looking at this line here what do we think is an reasonable distance for a business to be from this line and for the types of operations that we're going to see here like the gas station that came through a few weeks ago we assume 30 ft is reasonable for that and then uh for an industrial type of use in this purple area 100 feet from uh these town home and single family lines and in the future with going into Lake toown there'll be more railroad property associated with that also all right I just have one continuity type of a question and this comes up from something that came up a few years back regarding fences around swimming pools do they have to be four feet around the entire property or affected area or do they have to be six feet regarding height yes I believe it's 5 feet 5et so that would be my question on the four foot Max on the front basically I couldn't put a 5 foot fence in based on this new ordinance um that's a situation where a variance could come into play say there is no other reasonable location for a pool say the rear yard or the sidey yard doesn't work for some reason uh but they want to have a pool and it would be allowed in the front yard based on setbacks but we require a 5-ft fence for pools but the standard is 4T for front yard that's a situation where I think we could um potentially reasonably apply a variance to give them that extra feat for the necessary height for a pool isn't is that this my education is that a state ordinance on how that uh pools are managed or is that US city as well I believe that's just us I've worked for other communities where the standard has been 4 feet uh 5 feet is our standard though Goa would it make sense to make the standard for pools four feet or not I would think so but I would want to run that past our building official as well just to make sure he's comfortable and there's not something in building code that I'm just I think so pools was my former life I think 5 feet is pretty good for like the idea is to not create an attractive nuisance and you have to put if you're going to put fences in it has to be reasonable so people can't get over and so I would imagine whenever you guys decided five that's probably the logic you stuck to is five is much harder to climb over than four just throwing that out there sure all right I have one other thing that I would like to throw out there and maybe disc us um for Central business district accessory use um this has come up in a few different discussions I've had around the city um right now drive-throughs are conditional use and I would entertain making it a not permitted use possibly one of the reasons behind that is if you think of a lot of cities that maybe we want to compare ourselves to celier um by Zetta to some extent if you think about their main Central Business districts there aren't any drive-throughs there are drive-throughs off the beaten path a little bit but they are not in the main area um you think about places that do have drive-throughs kind of on the main drag and you're running into Chanhassen and Waconia and um both great communities but I hear it all the time from Neighbors business owners that we don't want to be the next wone our Chanhassen so just from a consideration point is that something we want to main as not permitting drive-throughs in the central business district or is that overreaching our boundaries too much that's kind of overreaching to a point where you're saying a bank can't have a drive-thru or a coffee shop can't have a budet drive-thru correct or Dairy Queen can't have a drive-thru that would be the problem that we have yeah the new new development that'll be with the coffee shop that'll be a drive-thru right Banks and you know I guess is my biggest thing you know if you're gonna yeah but isn't that where variances come in but you're saying it's not permitted yeah there's just for clarification uh chair and Commissioners there is no such thing as a use variance so um when we're saying it's not permitted here if we were to change uh drive-throughs to an end for the central business district we couldn't in the future have a proposal come forward and say yeah you can get a variance for that you can't than you I think it's I think it's a reasonable proposal that Christian is Raising I just wonder are there any drive-through is currently in the central business I can't think of any der queen chair and Commissioners I can think of at least two um so Old National Bank has drive through with ATM and Teller windows and then um Dairy Queen as you mentioned and then the third one being a recent development that you've seen lately the Hometown Bank and the mocha monkey that uh commissioner Iverson referred to so just consider that we have existing and proposed businesses that would likely use drive-throughs all right I'm just saying there's a concern at least from some of the community on it um related question car washes evidently um they are not permitted in any of our districts except as accessories is that right we're saying we don't like car washes as a standalone primary use correct um if we had a gas station with a car wash that is a more reasonable use in our eyes we just don't want to have um I'll use some neighboring communities as examples where they have uh lots of car washes as primary uses so that's something we just want to try to avoid if possible I would certainly agree in the central business district but in you know the southern growth area for example or other areas that are are way more I wouldn't have a problem with that necessarily but just a point of consideration I would imagine that the uh the new station would have a car wash in the uh southern area correct typically is yeah correct as an accessory use so they would have to get a conditional use permit as part of their request when they come back for preliminary plot same with the gas pumps get back to your point about the drive-thru they they also way this is written would have to get a conditional use permit right yes correct any other questions discussion not hearing any any more could I get a motion I would like to make a motion to recommend the city council adopt the ordinance second got a motion and a second all those in favor I I oppose motion carries thank you second and final item this evening is item 3.2 public hearing for variance at 6920 Fox Glove Circle this item does include a public hearing I will now turn it over to associate planner Travis beerle for staff presentation and then I will open the public hearing for those in the chamber this evening that wish to speak on this request good evening chair and Commissioners tonight is a variance request for a septic system at 6920 Fox Glove Circle um what this variant specifically is is to amend section 26-1 168 of our ordinance which reflects upon the County's ordinance which reflects on npca rules for uh soil separation depth and um so getting to that there is a minimum required separation of periodically saturated soil from 3ot separation to 18 is the specific on it uh the city did receive comments more or less inquiries to what the public notice meant and what was being specifically asked for uh there were no comments received uh for or against the project uh we also did publish it in the wona OR ex me the vonia uh Patriot uh and we did the proper notice to the residence in the area um just to give a background on what a septic tank is or what a septic system is on the left side basically your your waist from inside the home goes into it it separates and then what happens you pump out it's called a fluent and a fluent is basically almost like a gray water in a way and what happens when it gets to the drain field it gets spread out so it can dry and the soil will actually treat any of the contaminants that are still in the affluent so can safely go back into the groundwater and be reused uh in other systems tonight's request is specifically to use an air or an aerobic treatment unit which pumps air down into a septic system compared to a mound system with that or with a mount system going in the property cannot fit it and have it properly built because of topography um so by doing an aerobic system it allows for it to be in an above grade system or atg grade system without doing the mound and the way it's treated and things like that are just slightly different but when it goes out to the drain field the the rules are set where it needs to be at a 36 in depth and because of the Topography of the site the request is to go to 18 in uh when we do look at uh doing a variance we want to look at the Practical difficulties on the right hand side is the site for the home um the septic tank is going to go back here in the lower spot um so the reasonableness for this comes down to there's no Municipal service available for this neighborhood uh running a pipe would be expensive and I don't believe we could justify putting that cost onto the resident for it um the natural topography uh makes it so that using the traditional Mound system or even using the type four system or the aerobatic system that's been shown wouldn't make a a whole lot of sense because it would be too difficult to put it in and cause a major disruption to the property um when looking at a mound system and discussing this between uh the County Environmental Services as well as a contractor for the site a typical Mount system you'd have to build a mound that would almost engulf most of the site uh so there'd be significant disturbance to put that in um and then the last thing we look at is does it have an effect on the essential character of uh the neighborhood well the adjacent properties have septic systems um and the short and depth is below the soil so you wouldn't even notice the depth to it if we went ahead and a recommended approval to the city council and the city council chose to approve the permit the city would not be taking any further action on the variants we don't our regulation for septic systems is saying that we allow the county to make up what those rules are they also have the people in place to take care of it um we would just require that the variance is required and the County Environmental Services will take care of reviewing the permit making sure any conditions that need to be put onto the permit to mitigate any environmental concerns or any hazards or anything like that they'll take care of that they'll also take care of Performing the inspections and any maintenance that needs to be done with um an aerobic system there's annual inspections that need to be done and reports and talking with the county they're going to make sure that that agreement's in place through their permitting process so it's nothing that we would handle at the city level so tonight um I did put a couple motions together uh the main motion would be uh the staff recommendation is to move forward with an approval um of the variants and I can stand for any questions or explanations we also have the contractor that's doing the install in the audience tonight um and then hold a public hearing thank you uh does the applicant wish to speak um how many of these have you put are are in the Carver County or how many of these we've put in yeah quite a few um I'm guess around 30 we've been putting them in for almost 30 years okay yeah and I got six of them on the planning stage right now um barbaria Downs if you're familiar with that big operation we did that both their systems for them which are aerobic but using different products okay this one's more device for residential um we got one right across the street from Mr John son we put in I don't know 15 20 years ago we didn't need a variance back then um same type of system we're looking at for his so okay yeah we we put them in I don't know seven eight counties unfortunately Carver is more restrictive than most all the other counties we don't need variances in any of the other counties so um I keep telling them if you keep having having to have do have variances then you need to change your ordinance I used to work for merer County so um but nobody listens to me because I'm not a citizen of Garver County thank you thanks okay I just have a question for tra is this a new build or is it what's being used now so uh commissioner there's currently a single family um home that's on the property and to do a replacement of the current system you have to bring it to the modern standards when it's replaced to do that is I guess unreasonable is probably the best word that I can think of to use for it so and that's considered a type three or Mount system the system that's being proposed um it's an actg grade system that doesn't require the mounding and it uses a different type of treatment system um so there's different soil depths as well as the character of the soil that's involved into it so the current system just older broken it it just it needs to be replaced so with septic systems the county does perform uh inspections I believe it's every few years they have to every septic system has to get inspected if it fails the county can order that that system is replaced within a certain time period um specifically for this instance it's the system just needs to be replaced and to replace it with the traditional Mount system just isn't going to fit on the property you're talking a lot of changes to the property which will have significant effect and be noticeable from the adjacent land owners if we were to put a mound in on the slope the whole situation is the slope severe where I'm proposing putting a system is 20% a mound would be 58 to 68 ft wide only about 50 feet long and it would get us down into where there's a slight water flow it's not moving water or anything just there's water that comes off the the bluff area if we were to move it uphill now we're in a 40% slope now the mountain would be 100 ft wide and it still be down in that area where water can transfer through the water coming out of these systems sometimes we go down to 12 in to periodically saturated soil water table we can do that with UV lighting and the water coming out of that basically drinkable water I don't but I've had lab say that's well water no that's coming right out of our septic system they argue with Bagel sorry I know what it is cu I took the sample so and the the product we're using has been around the company since 1968 so it's not really a new technology my only other question is with this property and this happening now are we going to be facing 10 other residences in this general area area that's going to have this same issue uh commissioner there is the potential always in the future uh different properties have different unique characteristics the Topography of this property is significantly different from the adjacent but there's a lot of unknowns to what the standards will be at that time and what regulations will be in place because you have uh the Minnesota Pollution Control agency involved as well as the counties uh sub there their septic permits they're called ssts permits um and I apologize I used to know what that meant on top of my head I can't remember butage sub seage treat treatment systems there you go so so with that it's it's hard to tell as far as what the city's role is in all this the variance is because we have a a statement in our code that says that we will enforce the county standards um even though we don't have anything to do with it so at had an internal staff discussion we're reviewing that and and seeing if that's required or if there's something we can make a change to at the end of the day all we're doing is we're saying that uh with discussion with County their County attorney as well as our attorney has basically said we need to go through the variance process um and we were looking forward to seeing a representative from the county tonight um however she was unable to make it but it's it's kind of a weird area for a city to be dealing with septic systems when we don't do the permits we don't do the inspections and our code regulation is one sentence so basically we're adhering to what the county wants us to do but we're going to Grant a variance most likely correct and we've had discussions with the county on it and the Environmental Services making sure that we understand what's being asked and what the variance is for and realistically specific it's just for this 3T down to 18 in uh for the per for the separation of the periodically saturated soil the treatment soil so by doing that you have less treatment on the back end therefore when the county goes to the Perman process they'll put conditions on if they see fit because they are the experts to if there's a pre-treatment that needs to be done or if there's a different configuration of the system so basically tonight by recommending an approval and going forward with that we're saying that we trust the county to handle things correctly as they're the experts so the early read is that the system would be as effective as the conventional system from an environmental standpoint way more way more more effective my in my in my opinion and I argue with the University of Minnesota um that I've helped write some of the code for the mpca is my opinion the drain fields on these systems could last 80 to 100 years research by done by the university is the average bound inground trench system the average life is 22 to 25 years um because our water is so it's Crystal Clear it just like rainfall goes right through where a standard system builds up what's called a Biomat and which creates system or makes it fail so okay Y how how deep is the groundwater well how how far down do you go for the system no for for they're they're um they're drinking water uh what was the depth on your well um don't know but and if as long as we're over 100 feet there's it doesn't matter chair commission is part of the the process Wells are regulated by the depart Minnesota Department of Health and then with the permit that type of information is provided so that even if there is a change to the system from the npca regulations and the County ordinances it still needs to be run in an effective safe Manner and that's why we default a lot of that stuff over to the county because they have experts they have people that are licensed to do the inspections and understand treatment systems better than I think collectively we all will In Our Lifetime their well is is 40 50 feet higher than where my system will be and anything greater than 100 feet I don't don't even have to put the well on my from the well doesn't matter so I have a uh a septic system um on my farm and and I think the requirements which has been probably you know 20 25 years ago was uh was 100 foot deep uh for well in in that part of the the state so the Deep Well is anything over 50 feet of casing then we only need to be 50 feet from it with the tank or the drain field a shallow Wells anything less than 50 ft of casing or impal soil around it um then the setback is 100 to the drain field but still only 50 to the tanks that's s that's set by the health department y thank you yep thank you I will now open the public hearing is is there anyone in the chambers this evening who wish to comment on this item seeing no one in the chambers and for no additional public input Commissioners may I have a motion to close the public hearing motion to close the public hearing a motion can I get a second second have motion is second all those in favor I I oppos thank you the motion carries in the public he hearing is closed uh any more discussions Commissioners any questions hearing no more Miss no more discussion I will ask for a motion I would like to make a motion to recommend approval to the city council for the issuance of a variance of uh V Toria city code section 26-1 168 for 6920 Fox Glove Circle for a reduction of the minimum separation of the uh periodically saturated soil to be no less than 18 Ines motion can I get a second second yeah motion and a second all those in favor I oppose the motion carries thank you gentlemen thank you that uh that concludes our discussion items for this evening moving on to the miscellaneous section of our agenda staff you have any miscellaneous items uh chair and Commissioners the only item that I have is that we are still planning on holding our next meeting on October 1st uh we do have a sketch plat in our South growth area to look at at that meeting that's all from staff right thank you Brian uh Commissioners any miscellaneous items hearing no more items this evening can I ask for a motion to adjourn I move that we adjourn motion can I get a second second all those in favor I I oppos thank you the motion carries we are adjourned awes for