[00:00:16] . >>> IT IS GOING TO CALL THIS MEETING TO ORDER. TO START OFF WITH, IS IT ANY LEGAL [C.(V) Wang Pool Setback Variance. ] ANNOUNCEMENTS, DEPARTMENT CONCERNS? >> NO. >> VERY GOOD, WE'LL GO RIGHT INTO THE PUBLIC PORTION OF THIS MEETING THEN. FIRST ON THE DOCKET IS THE WAYNE POOL SETBACK VARIANCE, DOCKET NUMBER PZ-26-00-87B. AS I'M READING THIS, YOU CAN COME UP TO THE PODIUM OVER HERE. AS I'M READ COME UP TO THE PODIUM OVER HERE. DECKING AND EQUIPMENT SETBACK MUST BE THREE FEET FROM EASEMENT AND FOUR FEET ENCROACHMENT IS REQUESTED. THE 4.4 ACRE SITE IS LOCATED AT THE CORNER STATE SLOT 28. IT IS ZONED S1-ROSO-1 AND FILED BY YANG AND ZANE WANG. >> ON THE MICROPHONE, IT'S A BUTTON ON THE BASE. >> THANK YOU SO WE ARE BUILDIG A SWIMMING POOL IN OUR BACK YARD, SO BY OUR DESIGN, THIS IS A 14 BY 30 FIT FOR A POOL. SO PER THE DESIGN, PER THE UDO SECTION 02Z7 REQUIREMENTS, SO ANY POOL STACKING REQUIREMENT, IT MUST BE 3 FEET FROM THE EASEMENT, SO WE NEED 4 FEET ENCROACH MENTD. THAT'S IT. -- ENCROFEM LT. THAT'S IT. SO WE HAVE NO COVER POOL, SO IT'S NO DETAILS IN OUR APPLICATION. >> OKAY. ALL RIGHT. VERY GOOD, IF YOU HAVE NOTHING MORE, I WILL NEED TO ASK FOR ANYONE HERE EITHER IN FAVOR OR OPPOSED TO THIS PETITION. SEEING NONE, I'LL PROCEED TO THE DEPARTMENT REPORT, PLEASE STUDENT: THEY HAVE HAVE HAD AND SO WE DO RECOMMEND POSITIVE CONSIDERATION FOR THE REQUEST WITH CONDITIONS OF THE BOARD OF PUBLIC WORKS PROVAL AND ADDRESSING ALL REMAINING PROJECTS AND COMMENT DOCS AND ALSO WITH THE ADOPTION OF THE FINDING OF FACTS. THANK YOU. >> THANK YOU. I'M SORRY. MY COMPUTER IS LIGHTING A LITTLE BIT. I SEE YOUR PETITION AND SEE IT'S LIMITED TO THE BACK YARD. EVEN IF YOU PUSH IT UP WHERE IT BUTTS INTO THE DECK, YOU STILL HAVE A PROBLEM, DON'T YOU? SO I'M GOING TO GO AHEAD AND APPROVE THE PETITION. >> THANK YOU SO MUCH. >> YOU'RE VERY WELCOME. >> SO NEXT ON THE DOCKET, PZ002626-0090B, 3 FOOT [C.(V) Flora PUD Window Well Setback Variances. ] ENCROACHMENT REQUESTED WITH 2 FOOT SIDE YARD SETBACK REQUESTED, AND SITE LOCATED NEAR 596 GREENERY DRIVE ON SPRING MILL, THE SUBDIVISION, AT 816, 121, DEVELOPMENT 626-22 FILED BY, AND I'M SORRY IF I. >> YOU'RE FINE. >> MISPRONOUNCING IT. NICK. >> THE J KIND OF HAS A Y SOUND, AND THE SECOND O IS KIND OF AN A. >> VERY GOOD. >> I APPRECIATE THE EFFORTS FOR TRYING. >> THANK YOU, AND I APOLOGIZE. >> NO. YOU'RE QUITE ALL RIGHT. >> THE FLOOR IS YOURS. >> I HAVE A VISUAL HERE JUST FROM THE PACKET. I DON'T KNOW IF IT'S BENEFICIAL OR NOT. >> IS IT ELECTRONIC? >> YEAH. I JUST HAVE MY LAPTOP SCREEN. YEAH, JUST FOR REFERENCE, WE'RE [00:05:01] OFF SPRING MILL, SO THE SECTION OF SPRING MILL AND 465, JUST OVERALL, AN AERIAL SITE REFERRING TO JUST THESE TEN SINGLE FAMILY DETACHED LOTS THAT ARE ON THE NORTHWEST SIDE, AND RELIGIOUS TO REITERATE. AND IF THE PLAT IS CURRENTLY REPORTED, IT IS A SETBACK, AND THESE HAVE A WALKOUT BASEMENT LEVEL, AND IN ORDER TO HAVE A BASEMENT ON THAT LEVEL, THE INTERNATIONAL CODE REQUIRED A 36-INCH WINDOW WELL, SO THAT WOULD ENCROACH INTO THE SIDE 36 INCHES. SO JUST TO ADDRESS ANY CONCERNS THAT NEED TO BE ADDRESSED. SO YOU SEE TWO 5-FOOT SIDE YARDS. THAT'S COMBINED 10-FOOT SEPARATION. IT IS TWO WINDOW WELLS ON THE OPPOSITE SIDE YARD AND SAME SHARED SIDEUA YARD, SO IF IT'S ANY EGRESS CONCERNS, IT WOULD BE CONTAINED, AND FRONT REAR ON THE OPPOSITE SIDE YARD. >> IS THAT IT? >> THAT'S ABOUT IT. >> ALL RIGHT. VERY GOOD. ALL RIGHT THEN. LET ME ASK IS IT ANYONE HERE TO SPEAK IN FAVOR OF OR AGAINST THIS PETITION? SEEING NONE, HAVE THE DEPARTMENT REPORT. >> THANK YOU. THIS VARYCHBS REQUEST APPLIES MOSTLY TO THE WINDOW WELLS AS THE PETITIONP STATED. THEY DID ADDRESS OUR CONCERNS ABOUT EGRESS AND ALSO JUST CLEARANCE ON THOSE SIDES OF THE HOMES ON THE PROPERTY LINE IF THERE WERE GOING TO BE ANY TRESPASS ONTO THE NEIGHBOR'S PROPERTY, BUT THERE'S STILL ADEQUATE, THE TWO-FOOT WIDE CLEARANCE, SO THEY RECOMMEND POSITIVE CONSIDERATION ALONG WITH THE DECLARATION OF THE FINDINGS OF FACT. THANK YOU. >> OKAY, THANK YOU. SEE IS IT MY UNDERSTANDING THAT ALL TEN PRODUCT HOMES THAT WOULD BE ON THESE SITES HAVE A BASEMENT AND WOULD HAVE THE NECESSITY FOR A WINDOW WELL? >> THAT'S CORRECT. >> OKAY. I'LL BE HONEST WOI. I'M HAVING A LITTLE BIT OF AN ISSUE WITH THIS, AND THE REASON IS, THE WAY IT'S BEING PRESENTED IS YOU WANT THE SIDE YARD SETBACK REDUCED FRUMP 5 FEET TO 2 FEET, IS THAT -- . >> IT'S MORE SO THE ENCROACHMENT 36-INCH WINDOW WELL. >> YEAH, NOW, AS YOU MENTIONED, AS I READ, ANYWAY, UNDER THE NORMAL ORDINANCE, WITH THE INJURED ENCROACHMENT, YOU'RE ALLOWED TWO FEET ENCROACHMENT INTO THE SIDE YARD, IS THAT CORRECT? >> THAT'S FOR THE UDO, BUT THEY HAVE THEIR OWN ORDINANCE. >> RIGHT, AND THEN MY QUESTION, I GUESS I'M ADDRESSING YOU, IN AN INSTANCE WHERE THE PUD DOESN'T ADDRESS A SITUATION LIKE THIS, DOES IT REVERT BACK TO A UDO WHERE WE WOULD TAKE THE, YOU KNOW, REFERENCE FROM THE? >> WELL, IN THIS INSTANCE, IT'S JUST THERE 5-FOOT SETBACK IS IN IN THE PD ORDINANCE, SO THAT'S WHY THEY'RE SEEKING THE VARIANCE THIS EVENING. >> RIGHT, BUT AS FAR AS -- I GUESS MY QUESTION IS, BECAUSE THE PUD DOESN'T ADDRESS AN ENCROACHMENT LIKE THE UDO DOES. >> LIKE A WINDOW OF -- . >> DO WE REFERENCE BACK TO THE UDO FOR ANY KIND OF CONSIDERATION? >> YEAH, I DON'T THINK THERE'S LANGUAGE IN THE ORDINANCE WHERE IT SAYS IF IT'S SILENT IT WOULD REFER BACK TO THE UDO ZOE, AGAIN, THAT'S WHY THEY'RE BEFORE YOU THIS EVENING. THE REFERENCE ABOUT THE UDO AND THE 2-FOOT SETBACK IS JUST MORE FOR REFERENCE, JUST SO YOU KNOW THAT IT COULD GO 2 FEET, AND THEY'RE REQUESTING 3 FEET, SO JUST AN ADDITIONAL 12 INCHES. >> YEAH. WELL, I UNDERSTAND THAT THE 3-FOOT REQUIREMENT BASED ON THE RESIDENTIAL CODE. I'M JUST CONCERNED THAT IF WE WERE TO REDUCE THIS SIDE YARD SETBACK TO 2 FEET THAT IT MIGHT ALLOW FOR ADDITIONAL BUILDOUT INTO THAT SIDE YARD, INTO THAT -- UP TO THAT 2-FOOT SETBACK, AND I JUST -- LOOKING AT THE PLAN AND SEEING HOW TIGHT IT IS, I HAVE A REAL CONCERN ABOUT THAT WITH REGARD TO, YOU KNOW, WHAT FUTURE HOME OWNERS MAY WANT TO -- COULD POSSIBLY DO, BECAUSE WOULDN'T THEY ALLOW [00:10:01] THEM TO ADD 3 MORE FEET ONTO THE SIDE OF THEIR HOUSE? >> I COULD MAKE A SUGGESTION THAT YOU MADE A CONDITION THAT IT APPLIES TO THE WINDOW WELLS ONLY. COULD THAT HELP? >> YEAH, I WAS GOING TO SAY I WOULD BE MORE THAN HAPPY TO APPROVE AN ENCROACHMENT ISSUE RATHER THAN ALLOW A SETBACK. IS THAT SOMETHING THAT WOULD BE ALLOWED? >> I BELIEVE THAT WAS GENERALLY THE INTENT. >> IS THAT THE INTENT? >> YEAH, I THINK THAT'S I GUESS WHAT THEY'RE SEEKING PROVAL FOR, YES. >> OKAY, OKAY, VERY GOOD. HAVING ALL THIS DISCUSSION, I'M WILLING TO APPROVE THE PETITION WITH A 3-FOOT WELL CROFENMENT INTO THE 5-FOOT BUILDING SETBACK, AND WE WILL NOT DO A 2-FOOT SIDE YARD SETBACK AT THAT POINT. OKAY? >> SOUNDS GOOD. >> OKAY, VERY GOOD, AND, YEAH, ALSO MY PROVAL IS BASED ON THE ADOPTION OF THE FINDINGS OF FACT. ALL RIGHT, THANK YOU. >> THANK YOU. [C.(V) Bate Deck Setback Variance. ] THE THIRD AND LAST ON OUR LIST TONIGHT IS THE BAIT SETBACK VARIANCE, DOCT NUMBER CZ026 -- -AND MINIMUM 20-FOOT REAR SETBACK, REQUIRED 16 FOOT REQUESTED, THE 0.16 FOOT ACRE SITE IS LOCATED AT TIFFANY COURT, AND TO ZONE R3, AND PLATTED SUBDIVISION FOUND BY CALEB PETERS ON BEHALF OF CHARLES AND KAREN BAIT OWNERS. >> YEP, SO BASICALLY WE'RE LOOKING TO INSTALL AN 11 BY 20 BACK DECK. IT'S ELEVATED ABOUT 16 INCHES OFF THE GROUND. THERE'S A 20-FOOT SETBACK AT THE BACK OF THE PROPERTY, JUST AN EASEMENT, SO 10 FOOT ON EACH SIDE OF A CITY SEWER DRAIN, SO IT REALLY LEAVES THEM WITH PRETTY MUCH NO ROOM OFF THE BACK OF THEIR HOUSES, LIKE THAT EASEMENT LINE IS JUST 1 FOOT OFF THE BACK OF THE HOUSE, SO THE DECK WE'RE PROPOSING WILL COME ABOUT 4 FEET INTO THAT DRAINAGE EASEMENT, SO, YEAH, IT'S 17 FEET OFF THE BACK CORNER OF THE PROPERTY. SEE YEAH. QUEECH YEP. THAT'S PRETTY SIMPLE DECK. >> SURE, OKAY. >> PRETTY LOW TO THE GROUND, SO. >> OKAY. VERY GOOD. AGAIN, IS IT ANYONE HERE WHO WISHES TO SPEAK FOR OR AGAINST THE SFLOKET -- THE PROJECT. SEEING NONE, THE DEPARTMENT. >> THANK YOU. I HAD A QUICK QUESTION. IT'S FOUR FOOT ENCROACHMENT INTO THE EASEMENT, BUT IT LOOKS LIKE IT'S 4 FOOT INTO THE BUILDING LINE, IS THAT CORRECT? >> THAT'S CORRECT. >> BECAUSE THE 1046 FOOT EASEMENT IS PAST THAT -- 10-FOOT EASEMENT IS PAST THAT. THEY HAVE HOA APPROVAL FOR THIS REQUEST, AND HAVE THE PLANNING ZONE REVIEWS AND QUESTIONS, SO WE RECOMMEND THE POSITIVE VARIANCE ADDRESS ANY OF THE REMAINING REVIEWS AND COMMENT DOCS AND ALSO THE FINDINGS AND FACTS. THANK YOU. >> JUST OUT OF CURIOSITY, I DROVE BY THE SITE TO TAKE A LOOK AT IT, AND I'M CURIOUS, WHERE DOES THAT MIDDLE FENCE COME LIE IN RELATIONSHIP WITH THIS NEW DECK? >> IT'S WELL WITHIN THE CURRENT EASEMENT, SO I DON'T KNOW WHEN THAT WAS DONE, BUT IT'S ALREADY EXISTS AND ALREADY WELL WITHIN. >> YEAH, I MEAN IS IT GOING TO EFFECT YOUR DECK? >> NO. >> SO THE DECK FALLS INSIDE THAT LINE? >> SO THE DECK FOLLOWS PRETTY MUCH THIS PROPERTY LINE, AND THEN IT CUTS OUT, I THINK IT WAS ABOUT 7 FEET OFF THAT ANGLED PORTION AND PRETTY MUCH FOLLOWS THE ANGLE ALL THE WAY ACROSS. >> OKAY. >> APPROXIMATELY, SO YEAH. >> SO YOU WON'T BE GETTING INTO THAT FENCE AT ALL? >> NO, NO. >> OKAY. >> SO IT WILL BE A GOOD SEVEN OR EIGHT FEET OFF THE FENCE. >> OKAY. SO A LOT CLOSER WHEN YOU SEE IT? >> YEAH, YEAH. >> YEAH, AND I ALSO NOTICED IT WAS A FOUNTAIN BEYOND THAT, IT'S AWFUL TIGHT IN THERE. >> IT IS TIGHT. >> I AM GOING TO GO AHEAD AND APPROVE THE PETITION WITH THE CONDITIONS OF COMPLETING THE REMAINING PROJECT DOCS COMMENTS AND THE ADOPTION OF THE FINDINGS OF FACT. AND DID YOU MENTION A REPLAT APPLICATION? >> I DIDN'T MENTION IT. [00:15:01] IT'S IN THE STAFF REPORT. THERE'S A RE-PLAT THAT WOULD ALSO BE REQUIRED SINCE THAT IS A PLATTED BUILDING SETBACK LINE, BUT YOU CAN WORK WITH PLANNING STAFF ON THAT. >> OKAY, ALL RIGHT, VERY GOOD, ALL RIGHT. >> ALL RIGHT. >> THAT CONCLUDES THE PUBLIC HEARING. IS THERE ANY NEW BUSINESS THAT WE NEED TO DISCUSS? OLD BUSINESS? >> NO. >> THEN I WILL ADJOURN THE -- THE HEARING OFFICER MEETING AT * This transcript was compiled from uncorrected Closed Captioning.