##VIDEO ID:5r3DlTt7wKU## this conference will now be recorded just shaving I mean they didn't do anything else they just which is okay I mean he had a lot of do order we've got five here which is a quorum and is there any change to the agenda yeah I add highlighted there 6C discussion on the golf course Golf Course proposal there's one other thing Golf Course proposal [Music] and did I email you on that zoning yes but we're gonna wait I talked to Brian about that because I don't we're not sure if we need to do that we get okay yeah so we're not doing that yet agenda is amended second motion second uh further discussion if not all in favor say I I I oppos stain carries fine Z approval of the July 9th regular minutes regular meeting minutes make a motion to approve the minutes written second discussion all in favor say I I post stain Carri got public hearing and two minutes so we could hold off until come back to it in a second um nothing under number five number 6A minor subdivision request card is that a quick one or if we look at um Clyde Hendricks through his attorney has requested a minor subdivision uh they have had it surveyed and I sent you the survey and there's a copy of it there several years ago um if I find it there we go so you'd like to parcel off um 4.59 Acres of his current home resulting in two taxes accordance with the attached survey the reason to approve this uh brought forward by he and his attorney to promote development within the city limits of Zoda resulting in more economic activity and a larger tax base a survey of the property was provided by Mr Hendrick or HRI excuse me if approved uh Planning and Zoning commission would hold a public hearing for October 8th 2024 at 5:35 p.m. and can all of you see what his goal is there the house right now is a part of the main lot the way I read it right that per I'm sorry inter that periodically been listed for sale right you always see a sign up there sale forever so I wonder if the plan was always to split off the building site from that land if they ever got an offer you know I I spoke open offers I don't know offer oh I was just so yeah his land you can see right here large shun land on the west side of what he wants to do is just make this area if you're familiar with this a little Farmstead there yeah his home you know and then he'll sell this larger section for development that probably would have happened anyway you know I know for a while there was a proposal for tiny home subdivision or some other that would have probably done some sort of split off of their main principal dwelling anyway right this 809 is not part of the subdivision it's already on the survey and just so you know this is not this is separate so there'll be two homes one two three here and then this large and it is interesting I don't know many of you have been there before you go [Music] down but it's an area that I would assume assum would be developed in the near future measure to set back in that rear building to the proposed boundary line we measured the setback yeah confirmed that it's going to be compliant with setbacks oh Jee you know what I don't think I did so if we look at the because that's our there it is yeah to look at that Matt I haven't done that Poli should know about it right would have checked I move we set the hearing as noted earlier is there an exit on the south end of that no there isn't it's landlocked so they enter and exit from the same they'd have to they'd have to establish an entrance Point how they get there is no entrance there it goes through the building they' have to make a new access to a road one either Fifth Street or Jefferson buildings that's what I was gonna just ask I'm trying to count how many are there in the size of the lot right that one two three four at least four with the house let's say three with primary res yeah probably it probably would be there forever but does the but if he's if he's setting I mean if he's establishing what the size of the parcel is right we just passed last time yeah you have to get rid of one of those quantity I don't have them here I didn't bring all my it' be over an acre to have three buildings right and obviously it's that size so then do they have to apply for variance because they I don't know I don't know because we're doing a minor subdivision does that suddenly kick in the new ordinance on the number of accessory buildings or if these buildings have been there forever just because they're splitting off the Agland from the main building site is he still is there still a grandfather um they still grandfathered in is that part of the discovery for a public hearing or what's that is that part of the discovery of a public hearing I suppose we could look into it I don't know if we'd necessarily find a definitive answer just because you move a boundary line now suddenly does it change question one and then accessory buildings hopefully have those answers for you at the next at the public here what would that person used when he sold itd develop it for housing potentially know you'd have to establish an access whoever bought it would have to repat it right to get a road on it you're from sixth or fifth or Je Jefferson and Jefferson have to be replatted to figure car through naturally 210 square ft we say 210 ft square or zro Avenue if they sold property over there between there sure that's it's to sell H I'm sure that's why it's been difficult to sell I walk by there every day and be a beautiful spot for house is that the County Shed down to the west of that then States state or the state yeah the state yep okay yeah well you had a motion Tom yes I made a motion we said a public hearing as noted earlier I'll second discussion so yeah I mean if there's a complete landlock parcel uh then usually the county or the city requires that some sort of Access season be granted so there's still access but and we do have access to and you can't sell it on that parcel I well there's there's Public Road Jefferson Drive it's just a matter of complying with getting on there yeah yeah okay that is just about landlocked it would be then if that's split pardon it would be for sure if it split off yeah yeah does he know that what are you where what are you talking about doesn't isn't Jeff isn't that on Jefferson Drive yeah but for ownership if he thinks he's going to put some houses down in there how they how they going to get out yeah they can't I mean they can't sell it then if they right now the only access is through the main building site that's what I was saying great yeah but if they do develop I don't know who's farming it but I'm assuming run it yeah but if they do sell it that have to be part of the right development plan so what's your motion again set public hearing we got a motion a second any other discussion if not all in favor say I I I po stain carries and that public hearing is for when October 8 535 okay back to 4 a public hearing on 966 golf VI Avenue variants have any preliminaries kurk we kind of streamline this due to Builder starting to wanting to start to dig as soon as possibly could uh this is set freeze construction applied for this variant uh and there's an encroachment into the rear yard setback for the new home build which you can see is on this lot on few Avenue up in the Highland so we're looking at this one right here this corner lot the lots are regularly shaped and fits all the setbacks except for the rear yard uh the ordinance allows a rear yard setback of 35 ft in the highlands the plans for the home call for rear set back of roughly we say 27 feet 26 feet 10 in and 38 38 inch uh the home would encroach and set back roughly 8 feet so the reason why you can see here is this drawing of the so the home is going to be angled Facing East so this is the front of the home with a driveway and it's in your bag as well this is considered the rear yard the rear yard is 26 you can see here 26 10 3 38 um as you get further away it's fine front yard side yard setbacks are fine it's the rear yard setback of this home is it curve on there is that the right away that is okay driveway this is the boundary of the L blue how far north does it have to go before it gets into the um Regular how much do we allow until it would be regular there it's it could go six feet further north because the side yard setback on the garage side is 6 ft yeah so it could go four 4T further north uh but that change the RightWay setbacks would that would shove it back even further if you look at the front side through that curve of the RightWay looking through minutes the Planning and Zoning did Grant a variance to Tina hter same neighborhood same up in the highlands for where her house was going the rear yard setb just just do you have any idea Kurt the on the North corner of the house what the setback is there right here on the the North End yeah up there from the back lot from there how far is it from there to the lot line yeah so so so a portion of the house would be encroaching but not the whole house yeah not the whole I wonder how far north that goes where it would be an encroachment I guess at least half probably not too much would I guess at least half of the house would be encroaching but then half of it wouldn't be so [Music] looks like they've set it forward as much as they can so there once you built a roundhouse I don't know how you could do any better the front yard um setbacks are 25 ft so you can see they so the front is okay it's just this West Corner South the house that's not in compliance Justa yeah it looks to be about 32 SC okay L very similar to the one on at uh three blocks to the west and that Builder chose to situate the house so the front here is facing south instead of on the to the West so it's possible we could you know just require them to situate the house uh similarly and supposedly it would comply with all the current setbacks but I guess this plan is to face the house East and now we're classic corner lot dilemma which way you're going to face it and then uh now we got a little bit of a problem with the rear yard so um yeah B itself they could probably do it this be a six foot setback yeah so we just uh we'll uh let me open the public hearing any any other preliminaries Kurt that's all we got okay okay go for public hearings open so we did draw that way and it's there I don't know it's a little tight but the problem with drawing it that way is the slope of the lot okay we cannot meet the uh request re Ms or needs of or wants of the customer to have a lock out basement because of the SL yeah that's which way does it slope to it slopes from the north to the South massive Hill right there the beginning of a big hill Oh okay know it is and the way it sits on the lot it wouldn't be it looks like the south end of the house wouldn't so much interfere with the is it the tailor live next door I think their name is or Adams what is it Taylor Adam that lives next door it's going to be far enough away from the corner of their house where where it's encroaching to be next to their garage so that's like it's on their back deck or something yeah that's what it comes down to this you know does maybe this good fit does it does it ruin some green space you know why why do we have a py of a 35 foot reard setback to allow for more open area to do things and does it ruin the neighbors possible use of their rear yard because you have this house that's 10 ft closer than it should be right Cas here so the neighbors been notified about this or how do they yeah yeah everybody you see they got a letter any feedback coming from that I got one call today citizen was was gu it what's tough when you send a letter about setbacks because before this job I didn't know what setback meant a lot of people think that you're going to take some of their yard away oh so like an EAS they think it's an easement yeah like you know what's I going to do with my yard it's why nothing's to be done to your yard at all you get a neighbor and I remember when we did the uh the golf course uh set next to a golf course 30 35 ft people because they understand yeah I you think they had a chance to see that sketch okay no objections there yeah my concern was if the house next door would be um not happy with that new house coming in there so close yeah that one are the people to the north but well but there's more room there way right back setback and side setback oh considering the lay of the land here the way the lot lies and the efforts are made to try and squeeze the house in I think we should recommend approval I'll make that as a motion second was there anybody else here that wanted oh okay y I'll close the public hearing okay I'll make that motion I'll second that Mo okay that's a recommendation to council to approve the variance uh any further discussion if not all in favor say I I I oppos abstain Kim did you say uh 5 z z thank you been two months since the last meeting I forgot the protocol that's okay I like I much rather streamline things so Council meets when okay so they'll they'll consider it and all right then uh 6B Berg Homestead appearence all right so I'm uh Scott H with wks acting as the developers engineer and I have John Champa here with me tonight acting as the developer um what we're here to present tonight is the bird Homestead uh first edition which has seven Lots approximately just over a quarter an acre that are going to be up on East 9 Street um which is associated with the current construction project that the city's doing where they're extending Jefferson Drive to 460th Street um these Lots um you up there show us yes yep should I leave the map up here for a second and then we'll switch over to the plat so these Lots um currently the city's constructing a road where def the drive is getting constructed into 460 distri this road is going to be coming through here and our development is seven Lots immediately on the southwest side of N9 street right here so it'll be right here just on the south side of where the new road is constructed building site is that active or is that an abandon ability site uh I believe that that is getting clear away that's yeah that was a trailer that was in there okay and that was that's been removed okay so there's no building site there there's no no AC say okay so here's a uh a view of the preliminary plat you can see that it's split into seven LPS up there um one thing I will point out here is that the lot setbacks on the front side are set 20 feet right now looking at buildings in the area the setbacks are typically between 20 and 30 feet due to the nature of the land and the hillside that falls off um we're pushing this uh 20 ft just be a get the houses in there so I just want to want to point that out um other than you say that would be a 20 foot set back correct okay yep um and with the sidewalk being on the other side there's going to be no sidewalk there so the driveways there are going to be 30 35 ft or so from from the roadway up to the garage um and that's where we got the sideb obviously whatever houses get put there they could uh set back further than that but that's what we have in the preliminary plat um I also have a a grading plan that I think is in front of you uh that's just kind of showing [Music] the kind of showing the some Contours and how the drainage is all going to work um so drainers on the front side of the houses are going to drain to n9th Street we've got some some intakes on the far west side and then that water is going to get pushed down from a drainage sale and then flow flow back down to the South so um really kind of wanted to get this in front of you and like to have a public hearing set uh for a further discussion what kind of houses will they be walkouts so they're all going to be walkouts single family single family single family okay there's a lot of heill there probably need to incorporate a PUD then for that reduced front a at setback right Kurt in yeah so sit back right now and how big are those LS again 85 foot wide by 140t so that's 27 Acres I haven't got my calculator but how big is that then a point what 27 okay and you said that the step back is established at that primarily because of the existing grade correct yep primarily from the existing grade and then uh looking at the future planning um the intent would be that scr back G in the future potentially that this would all have houses coming up on Ninth Street and then that would have the same consideration where you've got that large grade that fall not that you'd kind of need to push those houses closer to the road for it to be eable would uh would that leave a pretty short driveway would people get have trouble with that or so with the 20 foot setback U there's still 12 12 foot to the actual curbing gutter so the driveway there minimum is going to be 32 feet which if you look around town that's not it's not normally short by any means so they'd be backing out on that busy road is that what's going to happen so they they be back out onto 9th Street but um the traffic on 9 Street um you got do got to consider that J Drive is going to be connected up 60th year depending on how the traffic gets through um N Street currently gets a lot of traffic from the residents up here that are trying to get out of town or I live on Ninth Street and it's it's very busy and fast it's and you get out here and they don't care about the speed limit at all but how dangerous is that going to be if those people have to well I think one thing to consider is the the nature of the roadway there right now it's a gravel road with you know trees on one side and you know you know you're almost out town so you're kind of getting getting out of there once you get houses up there with driveways and it's more residential um you mean it'll be more wide open so they can have a better visal is that what you mean I'm saying the roadway here once you get houses and everything in there and it's more of residential it's going to feel like a normal residential street not like a country road where you can throw I mean it's a racetrack by there now it it's terrible they've got the speed limit signs up but they come in at 50 m hour and out 50 m hour it's awful one question Scott the rest of that parcel is there thoughts about how that would be developed someday I guess I was just saying if you build a house as there is that going to screw up basically the rest of the parcel for development or are you taking it into account so we've we've taken that into account kind preim El is coming off M Street but then you in the future you bring a road that probably ties into few and you wrap it around either going to be contained in this or potentially would expand into the next okay the future thought yeah you you a road get in here and people on both sides I'm thinking the drainage too yep are you building the yeah is there a style did they pick their own style or do you uh what kind of style house is we'll be single family and we'll have a com as far as the size and requiring two two two two stall garages and certain square footage we haven't uh we haven't heard that it's not going to be apartments or town houses no no condos no town home noxes single family houses seven single family what did you say about the duplex no duplex yes okay okay you a motion to set a public hearing I a motion we set the public hearing for when October 8th is it October 8th at 5:40 okay I'll second it further discussion not all in favor say I I I I oppose stain carries thank you thank you uh 6C Golf Course proposal yeah Kevin Kish stopped by and spoken to you all right so the golf course take it up here the golf course has an interesting situation out here okay so this area where we just spoke about Golf View apartment or homes if you notice see this little Chun of land this is owned by the golf course and it's separate from the border of the golf course so what Kevin Kish and I believe the golf course is proposing is offering to sell like for example house 919 here CH a majority of these homes have stuff in the they built stuff into this yard already or at least they're mowing it or they're mowing it Y and offering to sell this chunk of land what's like 919 would own so like they're bound it would go all the way to the border of the golf course itself if that makes sense yeah some would be like this land obviously would been smaller than say yeah this chunk of land up here you know but I guess my question is and Matt probably knows is do how would you do this uh would they just offer it to the people I mean somebody did and somebody didn't want to do it right because there's going to be people don't want to buy it and so this border is not going to be uniform it's going to be yeah I say chunky in certain spots and I don't know if uh sorry to step on you there but I don't like the up where the your pointer is like the bigger stretch I don't know if they were going to be offering that entire area or just the you know the extra 20 feet or so that the neighbors been mowing I don't know I don't know that I think was asking yeah so initial thought a piece of cake you get a surveyor out there that that just uh surveys a rectangular piece 10 by 20 foot strip you know that they've been using Golf Course Deeds it because these are just Outlaws so they just deed that portion of the outlaw to the neighbor piece of cake but what I told Kevin is you know if you look at our ordinance it's never as easy as it might them there's U first of all uh uh the the the main golf course and outlots I think are platted as part of Highlands first if the adjoining lot that's owned by the homeowner is also in Highlands first then you could do a merger or a combination of the two parcels and you'd maybe have lot one block one Highlands first first and that part of Outlaw a described as you know the easterly 20 ft or whatever they could all be combined into one tax parcel not as great as replatting but it's be done but if some of these other lots are in a different subdivision Highlands fourth uh now you can't combine them unless you replat so what we did with uh Kevin a few years ago and he bought that little strip from the golf course we and we did this with Jimmy lman too we we uh did a deed restriction inste of require a replat we just had to had a deed restriction where the two Ls are tied together and you you record something of the County Recorder so now from now on both those Parcels have to be mortgaged together and sold together always tied together and that's one way around again not as neat and Prett as a complete new replat but it's one way to do it the the other issue is if we said now like we we want you all to replat which means you know come up with a new Highlands subdivision or a replat that combines the existing dwelling lot with the 20 foot strip and it's all one new lot well that's it it's a little bit more expensive more time consuming but the big problem I've run into is when you're dealing with with nonlocal mortgage companies they turn it into a flipping Nightmare and it takes six to nine months and they want they want new title insurance policies and amendments to mortgages and you're dealing with somebody out in New York or whatever it's it's just horrible so not that that's our problem but I've just countered that as a problem but then the third thing is uh our or says you can only do so many minor subdivisions within two or five years yeah so this could be you know 10 or I don't know how many people are interested in doing this but we'd be in complete violation of that unless we do a re a replat so the question is do we in order to simplify things and not require a replat is there any reason that we could Grant a variance to allow the golf course to do this and violate that that prohibition on a bunch of minor subdivisions why do they want to get rid of this I it might be a money maker thing I think so that's what I'm thinking you know my first thought is just tell the neighbor to move their stuff yeah and keep it right like the park exactly and is it all being moved by the residents along there pretty much is it being taken care of sure looks like it there yeah I don't know why bigo proposed initially to create those outlots maybe just a buffer between U that and the actual Golf Course itself so guys like me aren't hooking my drive right into their yards or you can sell the lots cheaper by not have quite so big oh that could be too y or it would have cost them a lot more to buy you know when they were platting out the Lots when they went to sell them it would cost more to right buy all the way to the strip yeah so now we're just considering if we would think that would be a good idea if we yeah I think it's just for discussion you know are we if if we're amable to this idea we want to make it uh difficult or EAS you know require a replat or try to try to work around the quirks of the zoning ordinance the concept if the golf course doesn't see a present or future use for those Parcels I don't see why we should stand in their way if they want to try and do it if we can do that and the easiest way would be the variance is that what would you think their use would be of that I don't know I'm just saying I I would you know if they're thinking they can't make use of that now or in the future you know why would we stand in their way of doing it I guess that's if we can help it help them yeah do we care about the lack of uniformity and all the like Kurt was saying different jogs looking chunky probably doesn't matter that much right now the golf courts paying taxes on that parcel how does that go with the golf course I'm trying I think I wonder Balo LLC still owns those outlots or or did they turn those over to the golf course that's an interesting question does the golf court who's who owns it what does it say go sure they get out of pay the taxes and then they don't have to take care of it they turned over those Outlaws to the golf club because I thought so BR a golf course Properties LLC see own it which uh what is that Outlaw a what does it say there at the bottom there keep going down where's the parcel number oh F yeah very this is parcel number ending in 710 so let's owns tax right that you look that right there that's property tax are you on property tax owner now third one Downs Michael hanky at the top the top okay so go back to the other one there we goling tonight yeah [Music] do now now do property owner history root a golf club on the top this yeah do do do go two more down on the left they property owner history it should say golf course Properties LLC yeah in 201 13 they turned that over to the golf club it looks like huh okay I wonder if they turn over all out lots to the golf course they probably did I can't imagine Bigalow wanted responsibility yeah [Music] right I guess I think the concept is a good one a lot of details to be worked out but we can't settle those tonight well are we even you know I guess I just thought we could kick it around and see how hardcore we want to be on uh or how much we want to be flexible with allowing a variance to accommodate without getting ourselves into too much trouble you yeah I mean that that's another thing I I think I told Kevin it'd be best to find out who all is on board yeah and do it all at once and then Grant the variance one time on on the lack of or on exceeding the minor subdivision requirements you know the two out of every five years whatever it is two and every five and then uh and then uh also uh approve the deed restrictions with lots that aren't in the same subdivision but I guess I wanted to know a little bit from the commission if they wanted to not be flexible and require a replat that'd be the that'd be the prettiest I think would be the better way to go but yeah to your Pointes it a mess there's 18 property owners that order that in the middle wants to do it then just on that side CT I thought there were maybe others on North side too there like on the side there no there's no out Lots over there are there okay yeah along um I think that's an let's see where that pond is along number nine uh no there yeah that's that's one is that maybe part of the deal probably or that's all hook into that one that says 60 isn't it that one that's all one piece oh is it yeah okay I don't know that that's that way anyway so be best EAS where the landscape there you look at that they don't even know it right from a future forward looking thing right should I say Kevin you need to figure out who wants to buy yeah maybe that would be a good start yeah but then if they I don't know how they'd cost share it but you know getting Dave ramp to go out and Survey little 20 foot strips is one thing but to come up with a complete new replat or or you can do separate repats on each lot you know it would be replat number one replat number two uh and it would just incorporate the original lot where the house is plus the extra 20 feet all in one new lot called replat Lot number one replay but that might like like Kim saying that look better long term it's just if you if you're dealing with the Wells Fargo or a US Bank have have fun but again uh some cities would say not my problem right to figure out how to do it I mean if we can facilitate it yeah but they got to figure it out just means Kevin's going to come back done me well I think the first thing you got to figure out who wants to do it because I was in a position like this one time and some neighbors wanted it and some didn't and yeah yeah and is it just 20 feet off the back of their property right some of more than it's way more so then is it replatting both course or I don't yeah like right there that those corner pieces if they don't all agree how would they do it they yeah if all the property owners don't agree that they all want to buy this little each slot would get their own little strip that is interested and you have a goofy looking Outlet quite so possibly to being flexible but we want more concrete interest or details on who's involved and what what possible sizes are or is that what we're thinking yeah I think we should table this at least till the next meeting till we find out more about it well there's no action on it this is discussion oh all right well then we're okay then there just discussion what direction we want to give Kevin and the golf course though just well are we trying to figure out how many people are interested in in owning more of that yeah I guess and how are we going to find that out how us that's them yeah they come back and tell us I hope so came back do we need to know that first before we decide on a for sure path so we would be the ones dictating then back to the golf course they all have to replat or they or we're going to do a variance what do I say if Kevin comes in and says well how many do you need to say yes I say half at least half the people need to say but to say yes to what but all at one meeting we don't want to do it peace meal do [Music] we cuz the people down on this end you know if they're going to buy that won't cost them much but you get up here in this curve yeah if they're going to have to supp in the curve how do you run those lines yeah well I want it no I want it I think it's let a sleeping dog lie well yeah your question why are they whoever asked it why it is aevena down here I think it's a this house asking yeah asking I think knew where their pins were I think they did and they just decided to exceed the boundary line oh sure yeah but I think it might be a revenue raising reason and and for the golf course and uh uh what else was I going to say um shoot uh oh Golf Course was concerned about property owners acquiring you know adverse possession 15 years hostile use suddenly they can get a court order saying they own it anyway because they occupied right but what I told Kevin is consent always blows that argument out of the water so if you want to protect yourself send a letter to all these people saying we understand that you've been using our land for the last 10 years and you've been mowing it and doing whatever it's okay just be advised that we under we're letting you do this and uh uh just know that you're you're not going to ever acquire title to this through adverse possession because we're giving our consent send that protective letter out keep a copy and now you're fine but I think maybe it's a money thing they could raise revenue by selling off pie and get out of paying the taxes yeah I doubt if it's not a whole lot but I can't imagine not developed I mean it's not developed land I can't imagine yeah it can't be much no you're going to probably get more by putting it in the proper in the housing if you combine the parcels all of a sudden it would be all at the higher rate so okay okay we discussed it think you got something to get to him or not yeah I think okay okay try my best I think what I'll see seea we need to know how many people are interested in before anything can be done and and how are they looking at just a little strip along their rear yard or the whole Outlaw which gets quite wide okay okay anything else then okay meeting adjourned thank you thank you