All right. I will call to order the Shaki Board of Adjustments and Appeals meeting for Thursday, November 6, 2025 at 7:01 p.m. Uh, Mr. Kursky, can we get a roll call? >> Commissioner Foresight >> here. >> Commissioner Wiler >> here. >> Commissioner Sandu here. >> Commissioner Reading here. >> Commissioner Ranowa here. >> Chair Sapto >> here. >> Commissioner Robbins here. All right. Second item tonight is approval of the agenda. Are there any additions or subtractions to tonight's agenda? >> Nope. >> All right. I will entertain a motion to approve the agenda. >> So move. >> Second. >> All right. Foresight with the first. >> Sand. >> Robins was first. >> Robbins first. >> Yep. >> Thank you. Robbins with the first. >> Sandu second. >> Sando with the second. All those in favor? >> I. Any oppose? >> All right. Third item, recognition by board of adjustments and appeals of interested citizens. Are there any interested citizens here tonight that would like to discuss something not on the agenda? Excellent. Item four is consent business. Uh we have the approval of the board of adjustments and appeals meetings from shoot what was that? October >> October 9th. >> October 9th. Um, any updates, questions, comments, concerns, or do I have a motion to approve the minutes? >> So moved, Madam Chair. >> We have a first by Commissioner Robbins. >> Second. >> Second from Commissioner Wiler. Do we need a roll call? >> No. >> All those in favor? >> Any opposed? All right. With that, we have two public hearings this evening. The first being a public hearing for conditional use permit request for exterior storage of vehicles at 1515 Mara Street. May I get a motion to open the public hearing? >> So move. >> Okay. I heard foresight with the first, reading with the second. >> All those in favor? >> I. >> Any opposed? >> All right. Public hearing is open. Mr. Kursky, is there a presentation by staff? >> Yep. So again, board, this is a public hearing for condition of Eastborne for exterior storage of vehicles at 1550 Maris Street. The uh Aaron Judish is the applicant co-owner of uh PRS Towing and Transportation with Kirk Nelson and Jesse Vega requesting approval of a conditional use permit to allow exterior storage of up to 30 vehicles at 1550 Maris property owned by Eugene Hansen doing business as Mer Street LLC. Staff had been contacted by the one of the owners prior to leasing the space and was informed that a CP is required. Application was submitted in June of 2024. However, it was incomplete and was never submitted. The applicant signed a lease in October of 2024 for approximately 2900 ft of office warehouse space and 23,100 ft of outdoor storage space. The lease stated that a CUP was required at the time. The non-conforming fence exterior storage area was doubled in size without any permits. Staff was made aware by the Shakabe Police Department the business was operating at this location in July of 2025. staff sent certified letters regarding operating without proper land use approvals and that's how we're here tonight. So this is the current site. This is our office space. This is the outdoor storage area. Per the applicant, the office area will be utilized for dispatching trucks and administrative functions. The business will be open from 9:00 a.m. to 5:00 p.m. Monday through Friday and Saturday from 11 to 1. Proposed exterior storage area will be used to store up to 30 vehicles, cars, trucks, boats, campers, and semi-truckss. Vehicles may be stored in the fenced area for up to 45 days. The business employs two to six subcontract drivers. The applicant has indicated there are eight stalls adjacent to the least area for customers and employees for parking. The original wooden fence is 8 ft tall and considered non-conforming as it is greater than 3 feet um tall in their front yard. The recently expanded fence area is a 6ft tall wood with chain link gates. [snorts] These are the um cup criteria. Use will not be injurous to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted. Uh the establishment of the conditional use will not impede the normal and orderly development. Adequate utilities, access, roads and drainage exists. The use is consistent with the purposes of the zone and the use is not conflict with the comprehensive plan. So um resolution 2025006 approves a cup for exterior storage with nine conditions including total exterior storage area shall not exceed 20,000 square ft. Maximum of 30 vehicles, cars, trucks, semis, boat shall be stored inside the fence area. No storage outside the fenced area will be permitted. Requiring moving the fence a minimum of 20 ft back from the west property line. um plant two deciduous trees a minimum of two and a half caliber per inches of an approved species by June 1st, 2026 and submit an escrow along with a two-year warranty. Business shall obtain and maintain all required local and state licenses and remain active with the office of the Minnesota Secretary of State. Submit proof of insurance annually. No storage of scrap, tires, car hulks, etc. Auto repair appearance service is not permitted as part of the CUP and self storage of vehicles is also not permitted. [sighs] >> Yes, >> Commissioner Foresight has a question. >> Thank you. So, just to make sure, so the uh the person renting the property found out about this July of 2025, right? It it was brought to your attention 2025 of July. >> What has happened between July of 2025 and now? Did they shut down? Did they stop? They're >> still in business. Okay. Okay. And does the city have an issue with that? >> Pardon me. >> Does the city have an issue with the fact that they're still doing business even though they don't have the CU? >> Yes. >> Okay. Just want to make sure. >> That's why we're here tonight because >> But no, I get that. Yeah. I mean, it seems to me that if the, you know, the police come to the city, the city says, "Hey, you don't have CUP." They should shut down between the time that they uh got found out and that they get the cup. >> Yeah. Yeah. I mean, I think the critical piece is they knew last year that >> you Yes, for sure. >> Oh, yeah. It said they knew before they even signed the lease. >> Yes. And the lease actually requires the lease, >> right? >> And then what is the penalty if we adopt this and any of these are not met, >> they would be back before you similar to what we've done in other cases and you can um take their CU away and their appeal would be then to the city council. >> Okay. Madam Chair. >> Yes. Commissioner. Um, Mr. Kerski, I'm somewhat I want to make sure I know the fence. There was a fence that was was too tall and then there was another one built, but that seemed to me to be taller than required. Can you take me through the fences again? I'm not quite. >> So, they installed fences without any permits. So, as part of this cup requirement, they need to move the existing front fence back out of the front yard 20 ft. >> All right. If they do that, then how tall is that? I mean, how tall will that fence be? >> Whatever the height of it is today. So, I think the issue here is it's >> in the front yard, which is not allowed. That's why we're requesting it to be moved back 20 ft. >> Right. >> Thank you, Madam Chair. >> And then plant those two trees. >> Yep. Plant two trees. and they're limited to 30 vehicles as described in the um permit. >> Do we know what the purpose is of storing the vehicles, campers, boats, trucks? It sounds like it's a >> they're a towing company. So, if you park at some apartment building or whatever and you're not supposed to be there or you're there overnight or whatever, they tow your vehicle and then you got to go pick it up >> from there. >> You can only be there for 45 days. Is that correct? >> Correct. That's so long as you can keep I mean I think we want to ensure and they'll have to keep records of this that they're not renting this space out for storage of boats or >> tractor trailers or all the other things. These are supposed to be cars that they've towed and they're holding. >> Any other questions for staff? >> I'm good right now. >> All right. Well, uh, this is a public hearing, so I will entertain a motion to open the public hearing. We did our >> No, you're right. Sorry. >> So, >> is the applicant here to come and speak on this matter? >> Yep. >> Come on up. I think we got some questions. >> Can you please sign in and then state your name? >> And you can grab another chair so you don't have to stand. over there. >> Mr. Hansen will give you a chair [laughter] >> judic. >> And I'm sorry, can you state your name? >> Aaron Judish >> and Tatiana Ra. >> All right. Uh, commissioners, do you have questions for the applicants? I mean, I would love to hear kind of your timeline of renting the property. It sounds like there was something in the lease that talked about a need for a cup. Um, there was not a CUP granted. Um, you know, you were found, you were told about this in July and are still operating now without a CUP. Can you talk kind of about your timeline and what happened? >> So, I just bought into the company um last September. So when we moved to that location, uh it was my understanding that my business partner Kirk had taken care of had filled out the application. I didn't know that it had gotten kicked back. So I assumed this whole time that we were >> fine. Okay. >> Until July until I started getting letters. Do you have any issue with the conditions laid out? >> Uh, no. I mean, if that's what has to happen, that's fine. It's going to be >> all very feasible. >> What kind of uh traffic are you expecting? And mean you're a towing company. Do you give us an idea of what you are you going to be filling that lot lot up a lot or what? >> Well, ultimately that would be nice, but it depends on I mean there's really no set Well, we have [snorts] we have contracts that we monitor. >> Can you use the mic? I'm >> sorry. We have contracts that we monitor the properties on and it just depends on whether people are parking correctly or not. How many vehicles come in a day or a week? >> Can I just follow up with that? Do you have your own towing vehicles or do you rent that out? Is that a contract thing or do you have your own towing? >> I have my own. >> Okay. Thank you. >> And I assume most of those are cleared out in that 45day time frame. The towed vehicles. >> Yeah. So if if they're left and abandoned with us um after 45 days we own them and we can process them out. >> So thanks. >> So as part of the cup, there's a condition to move the fences. So if you're granted that cup, like how quickly will you be able to change those fences out to conforming? >> I really can't speak to that. I guess I would have to speak with the landlord, too. >> Okay. >> Give me a idea. And I think you said this there, but I'd like at least it out. What's your timeline here? I mean, you you go ahead. When are you going to really be starting business up? >> The the business is already in operation, but um the timeline on the fence move. Is that what we're talking about? >> The fence and everything like that. Yes. >> I thought the deadline was is June. Am I correct? >> June. >> June. >> June of 26. >> Correct. >> For the tree planting. I don't know if there's a >> Yeah. Is there a deadline for the fence? The fence is now >> the trees are you have to have them done by June of 2026 >> without I without speaking with a contractor I don't I don't know the poles are >> driven into the ground 3 ft through asphalt so I'm not I'm not sure what how big of a job that's going to be >> okay so it's November 6th ground's going to freeze soon I I would recommend speaking with someone tomorrow >> to make sure you can get that done. >> Yeah. >> All right. >> Is your business partner still with you? >> Uh, he lives in Texas. He lives in Texas, >> but you're still in business together. >> Yes. >> Okay. >> So, what is his role in this? And I'm sorry, I'm not understanding. You are a business partner with someone else. And who's the landlord? >> Uh, that would be the Eugene Hansen owns the land. >> Okay. and business partners in Texas. >> That's Kirk Nelson, >> one of three. >> Kirk Nelson and Jesse Vig are my business partners. Kirk built the business and then moved to Texas. I bought in, took over the day-to-day operations. >> And they left you with a mess. >> Yes. Basically, >> he's doing a great job. >> I mean, we've Mr. Kursky, we've had issues with this property for >> sure. Not this particular property. other properties Mr. Hansen owned. >> Okay. That Mr. Hansen owns. So there there is a history there. So I would recommend that as quickly as you can move on some of these items you do to get within good standing of the city. >> All right. No problem. >> Any other questions from the board? >> The only question is and I want to hear from city staff on this too. So, is there somebody at the city that will sort of gauge the progress of this? And if progress is being made, especially on the fence, right? I mean, that's the thing that needs to happen right now. Um, if there is progress, then the city will allow the business to keep going. If there's no progress, then the city will just straight tell the business to stop operating. >> Well, I think we'll be back before you if that happens. I mean, they need to get a contractor who will take a permit out and move the fence. >> Yeah. and comply with all the regulations of like checking they're not going through utilities etc. >> No, and I get that. The only thing that concerns me, right, is that the business has been operating for a year without a cup. So, >> yes. So, >> you know, the the the threat of getting a cup removed might not be that big of a threat. I'm worried about that. >> Well, I think what will happen is similar to what we've done in the past. If you revoke the cup and council upholds your revocation, the business will be closed. >> All right, sounds good. >> I appreciate the clarity on the processing. Um I remember there was a girl named um Amanda. Amanda that we uh coordinated with back and forth. Will that still be available to talk to her about? >> Yeah, man. She works for me. Yeah. >> Cool. >> Thank you. >> Yes, you are not on your own. The city is here to help make sure that you can do what you need to do. >> All right. If there are no further questions, >> thank you for your time. >> Thank you. Is there anyone else in the audience that wants to come up and speak on this matter? I'm Eugene. I'm Eugene Hansen. Just to clarify some things you mentioned about the 8ft high fence that was put in 25 years ago with a conditional permit. So the fence when it was put in 25 years ago that was a legal fence. John Messenbrank built another building to the south of this building. He took down some of the fence so he could run the sewer and water through inside the fence and then messing back and put the fence back up in the same place that it was. So the question is is it do do you want a sixoot fence or an 8ft fence? >> You can work that with Amanda. It needs to be moved back to 20 ft. I understand it has to be moved back. >> Now, when it moves back, it's going to expose asphalt 20 ft between the fence and the grass. >> We have a problem planting trees there because that's under the power line. If we plant a tree there, the power company will come along and cut it down. >> You can plant You can plant certain types of trees. That's why >> Okay, there are trees you can plant there. I do have one tree that's under the power line to the property to the west. It's kind of like a uh it flowers in the spring >> calling crab apples like that. Yeah, crab apple. It doesn't get very big. So, is that what we're talking about? >> Yep. >> Okay. >> And then what about the asphalt? We just >> you can >> put an island of a tree in the asphalt. >> Well, you've got some grass area there, but you need to have enough space so the tree can grow. So >> So you want grass from the fence to this? >> Yeah. >> Okay. Is there any other questions for me? >> No. Thank you. >> Thank you. >> All right. If no further discussion or questions, I'll entertain a motion to close the public hearing. >> So move. >> All right. Uh all those in >> Who made that? >> Sorry. For Seth made the first, Robins made the second. >> Do not say no. >> No, >> I can. I have no problem closing anything though. >> Oh, you didn't? I'm sorry. I seriously thought I heard you. I heard Robins. Who was >> Robins with the first? >> Robins first. No second. I'll second it. >> Random with the second. Then I need to get my hearing checked. [laughter] >> All right. All those in favor? >> I. >> Any opposed? >> Okay. Public hearing is closed. Any discussion? >> The only thing I'll say right is that even if we approve the resolution, it still means they have to meet all of the criteria of the CDP to keep it going. So, um, that makes me feel a little bit better, right, that we're still sort of we [clears throat] still have a that >> Yeah, Madam Chair, I, you know, this has been a long journey and and mistakes were made, but I I do get from uh the owner and developer of this that they're ready and willing to start new. They know that if they don't meet these conditions, the city is ready to stop them or punish them. And I, you know, they're business. And so, yeah, I have some hope that they'll go ahead and do what they say they're going to do. >> I too assume positive intent. So, with that, would anyone like to make a motion one way or the other? >> Okay. I move that we approve resolution PC 2025-006 to allow exterior storage of vehicles. >> And I'll second it, Ran. >> All right. This time we have Commissioner Ford [laughter] with a motion. >> I did say that one. and Commissioner Rano with the second. Mr. Kurski, can we get a roll call, please? >> Yep. Commissioner Foresight, >> I. >> Commissioner Wiler, >> I. >> Commissioner Sandu, >> I. >> Commissioner Reading, >> I. >> Commissioner Ranowa, >> I. >> Commissioner Sepovo, >> I. >> Commissioner Robbins, >> I. >> All right, that motion passes unanimously. We will move on to the second public hearing tonight for a conditional use permit for housing designed to serve persons with disabilities at 8205 Crossings Boulevard. May I get a motion to open that public hearing? >> So moved. >> Second. >> Foresight with the motion. Commissioner Robbins with the second. All those in favor? >> I. Any opposed? >> All right. Mr. Kursky, you have the floor. Okay, as you said, this is a conditional use permit for housing designed to serve disabled persons at 8205 Crossings Boulevard. Um, some of you may remember previously we had another almost identical use approved a few years ago. That project didn't move forward. So that cup expired, so they're back with a new cup. So this is the site. Uh Quick Trips on the corner. Velvalene that just got built is right here. This is a future development site for something. There's a child care center here in US Banks up here. This is a private access road right here. The site we're talking about right now is sort of this kidneyshaped piece right off the road. So the site request um it's 1.4 acres. It's uh owned by Angel's Living Property Shakape LLC. It is zone B1 highway business. 2040 comp plan is mixeduse commercial center. Uh applicant is um Brandon Bryant from Fusion Architects and Engineers. So this would be a 40unit three-level assisted living memory care facility. Thirdle deck and fence ground level patio are proposed. Building height is 39 ft 6 in at midpoint. The B1 zone allows 45 ft. So they're under the uh height limit. They're proposing 27 off streetet parking stalls. City code requires 21 stalls, one space per three units plus one per employee at the larger shift. So there's seven employees morning afternoon shift and six in the afternoon evening and 3 to 4 on the overnight shift. There would be required a sidewalk connection to the trail along Crossings Boulevard and a sidewalk strip sidewalk. uh as proposed. Proposed exterior building materials are engineered lap siding and shakes in two colors, manufactured stone and asphalt shingles. So here's [clears throat] the existing condition survey. Again, these are private drives, not city streets. Crossing Boulevard is the only city street right here. So here's their site plan. The proposed building is up at Crossings Boulevard. Um and parking is in the back. And here's their proposed landscape plan. 21 uh trees are proposed, 17 deciduous and four evergreens. So they do have additional landscaping um buffering their parking lot. And here are the elevations with the materials. So again, these are the color key over here. And we have some colored renderings. So, here's their main entrance. This is the side view. Um, here's the enclosed patio in the back for their uh residence. >> And just to be sure, that south elevation is the one facing crossings, right? >> I believe that's uh facing the parking lot. This is um so this the one with the fence is actually facing crossings. >> So you can see this is the >> stere this is the entrance in the back. >> Got it. >> Okay. >> So this is the street elevation. This is the inside elevation. >> Yeah. Yeah. Yeah. Okay. >> Okay. >> So in color this will be the parking lot. This will be the entrance where the employees and visitors go through. This is the side on crossings. >> Yeah. Yeah. Yeah. >> That's what I thought. Okay. >> And then uh one side faces uh quick trips and the other faces the neighborhood. So the use of site is a listed conditional use in the B1 zone and complies with the 2040 comprehensive plan. The applicant will be required to procure additional off-site parking for any events that they might have such as US Bank or Kinderare. There was some concern from engineering on holidays whether there'd be enough parking given the number of residents to have. Independent living units would not be permitted because of the parking requirements here. So, everyone here uh the residents here would not have vehicles. Proposed building materials meets the city's uh design requirements and the landscaping meets the city code. So staff is recommending approval of the conditional use permit with conditions in the draft resolution. >> So Mr. Kursky, take me back for a second. Is this a different applicant than [clears throat] what was origin and the original one was for if some of you remember the original one um was actually a larger building. It took up the site and the parking was just this lot back here. >> Okay. So they've basically got the larger portion of the building on crossing and just these ends facing Quick Trips in the neighborhood. The other building actually face more of the neighborhood and Quick Trips. >> Okay. >> Um Mr. Kerki, um this is this building is for seniors. Am I right? >> This >> is this a senior assisted building with memory care? Can you go through that for a minute? Who's going to live here? the the applicant's here, but it's designed for people that aren't driving and it's for people that have memory care issues or have some sort of need to be in a facility like this. >> All right. And are we talking seniors or or anyone? >> I think if there's a traumatic brain injury that >> it's under our code, it's listed for people that have some level of disability. So, they're not driving, walking around. They need basically 24-hour care. So, >> so someone could be 42. >> Although it does look like in the neighborhood meeting comments that it says that um that Angel Living, it says it's designed with seniors in mind. All right. Yeah. Yeah. >> That's their main client. >> All right. Thank you. >> Okay. Any other questions for staff? All right. Well, this is a public hearing. Uh, do we have the applicants here able to come up and answer some questions? >> Sit down. >> Yeah, sit down, sign in, state your name. Good evening, good commissioners and chair. Uh my name is Eric Riners with Fusion AE. Uh we're the design firm coordinating the work efforts for Angel's Living and I'm here to answer any questions you may have. >> Well, let let me just start. Is this a Would you think of this as a rental? >> The the residents that live here, will they be renting from you? Yes. Rentals. >> And can you give us an idea about uh what kinds of rents we're talking about? >> Oh boy. So now I'm going to need the operator. >> I'll sign you in. use the microphone. Yes. Thanks. >> Good evening. >> So I I just asked can you give us any idea of what kinds of rents I mean what kind of rent uh the residents will be paying for this? >> These are seniors. Um the res will be living at this facility will be seniors. seniors think, >> you know, people from 55 and up. >> No, I know that. I'm just I'm interested in what what they'll be paying a month. >> Well, that's it's it's I can just give you a range. >> Okay. Maybe from 4500 to $6,000 a month. >> 4500 to 6,000 a month. >> Yes. >> All right. Thank you. nurses and things. >> Yeah, because it's probably based on the level of care each individual needs. You know, some people may not need as much care as some of the other residents. Correct. Surveillance, too. So, >> cuz some might even pay up to like maybe $2,000 a month because when depending on the level of care they need, some need minimal care, those will pay the BS minimum, maybe $2,000 a month. >> All right. I appreciate that. Thank you. >> Thank you, sir. I mean, can you tell us a little bit more about what kind of care your facility will provide? >> So, we'll be doing from um assisted living care from memory and dementia. Um, it's going to be 24/7 type of care with nursing on site with staff on site 24/7 uh from brain injury to um Alzheimer, dementia to wound care um to physical health and whatnot. Um so those are the things kind of service we'll be offering at this facility. Um, madam chair, will you have um a medical practitioner or a doctor on site as part of staff? Um, of course it's not required, but we might. It's also depending on the kind of client that we draw in. If it require us to have that, we will. Of course, we have an office that's kind of like within the building that that individual might be using, >> right? Thank you. >> But you would generally have like registered nurses on site if not a doctor, right? >> We do. Yes, 24/7. >> Do you own any other facilities like this or run any facilities like this anywhere else other than this one? >> Yes, sir. >> Could you please mention which ones? Um we have um one in Apple Valley but these are residential. We have Apple Valley, we have Bonsville, uh Broken Park and Maple Grove. >> And how long have you been doing this? >> About two decades >> at facilities similar sized. >> Say again, sir. >> Are they are those facilities you mentioned in Burnsville and Brooklyn Park and Maple Grove, are they similar size to what's being proposed here? Well, those are residential from there one six bed, eight, five, and four. But currently, we have 34 units going on right now in Broken Park, similar to this. >> And then this is for people who are taking long-term care. That's not like for transitional care. >> Absolutely. >> Okay. Any other app questions for the applicant? >> No. >> Okay. Thank you very much. >> Thank you, Mom. >> Thanks for your time. >> All right. This is a public hearing. Uh if there's anyone else who would like to come up and speak on this matter, the floor is open. Hello, my name is Todd Cruz. Um, live in the neighborhood, uh, the Riverside Fields neighborhood directly around this this area. Uh, in fact, we just moved there in April this year. Um, so I guess I guess background on myself, we've lived in Shockby for 13 years. Moved from the Lions Park neighborhood uh to the west of that over to this side of town uh in April. Uh have some friends that live in that neighborhood. Uh big draw for us. I've got an 11-year-old daughter. we have the summers off and really love the idea and the draw of the pool that's part of our community uh which happens to be directly across Pensamman Lane there uh from this facility that is proposed facility. Um, so as I saw the sign go up and started looking into the the proposed building on this site, um, I guess some of the concerns that I have personally, um, it is a a very large building for any other compared to any other building in this neighborhood, especially for heightwise. Um, Quick Trip obviously is got a decent sized footprint, but the building itself is only one one and a half stories. Um, and and all obviously all the homes in this neighborhood are twostory homes. Um, so to me, and again with this the size of this property in general, it's only 1.4 acres. Um, frankly, when I saw the the proposed dimensions of the building, uh, it really felt like you're trying to fit a very large building on a postage stamp of a property. If you drive by this property, it's like it's not a large property. to have a threestory building only 30 foot setback from the street is going to feel as you're driving into this neighborhood with 450 to $600,000 homes. It's going to feel like a very large kind of frankly imposing building. Um I I hail from South Dakota and so for me um having you know a little bit of space uh is is important to me and just thinking of that that size of that building every day driving by that to go to my home just a few blocks away um it's just feels like a very large building to be put into that small of a space. Um, and again, I understand there's not really a lot of room to put a building in a different space on that property, but um, I just, like I said, that's one of one of my concerns. Uh, just the feeling from a a neighborhood perspective. Um, you know, I guess looking at it from a perspective of like when we were looking for homes in April, um, I'm not so sure I would have been so excited about that pool with a three-story building directly to the east of me um, overlooking our our community pool um, when we went to purchase our home in that neighborhood. Um, so that's a part of it. Also, um I'm on the the board in our neighborhood now too and just thinking through um the the association uh costs that are come come associated with our association that pool the parking lot uh that we have uh on the I guess it' be the north side of that uh of the pool parking lot basically directly across from the proposed driveway to this parking lot. Um to your point earlier about overflow parking and that being part of the the requirement and talking about where Kinderare and US Bank are located. Those driveways and parking lots are I haven't stepped it out. I'm guessing at least 150 yards down the street from this parking lot. Um and I recognize that this parking lot's not going to be full every day, right? Like the reality is it's not. But there are going to be weekends, certain holidays, special events that are are going on at this facility where that parking lot is going to be full and need overflow parking. And frankly, if I'm someone visiting a a loved one in this neighbor in this building, I'm going to look across the street and go, "Oh, look, a empty parking lot. I'm going to go park right there." Because like I'm not going to go park a 100 yards away in a different parking lot if there's a closer parking lot. Uh, so I guess part of our question as a as our neighborhood is how do we prevent people from just parking in our parking lot uh directly across from this facility without incurring more expense to us as a neighborhood as well uh and having to raise fees on our um residents for annual annual fees. So >> Mr. Kursky, is it inappropriate for them to put a sign up that says >> the that's the prior applicant's business. So, >> okay. >> I mean, that's what they do. They tow cars from parking lots where they don't belong. >> I just don't know what the regulations are if they put up >> Yeah, they would put up a sign that says park here. If you're not authorized, your car will get towed and the prior applicant will be there fairly shortly and the car will be [laughter] gone. >> There you go. Oh, he's gone. But you can go make friends with him and get a deal. >> Um, yeah, >> that that would be unfortunately. >> Yes. I I would just I would put up a sign, >> right? Yeah. And I did notice in the um community meeting notes that there might have been some discussion about maybe the other way, right? If there was an event at the pool, there might be a leasing agreement with the um the facility to maybe allow some overflow parking for maybe a larger pool event. Does that sound right? >> Yeah. In theory, um I would say just and and again, we've had friends in this neighborhood for a long time, too, so we've been at the pool more than just since April. Um, but generally speaking, most of the the folks that are using the pool are walking to it because again, it's it's only for the 100 or so homes that are a part of our association. Um, so much of the traffic into the pool is is walk-in traffic from our neighborhood. >> So, that parking lot's not often very full. >> Correct. Yeah. So, again, that's why like thinking about it from from our perspective, we're just going through our budgets for the year as well. And you know, we're making every effort to keep our association dues level each year to year, like without raising association dues on our neighbors. And and again, I I don't want to get into a position down the road where we have to raise association dues simply to repair a a parking lot sooner than is necessary just because we have traffic that's not part of our association utilizing that that parking. Yeah, I would recommend a sign um that states private property or you know, whatever the verbiage needs to be. I I would also recommend having a conversation with the gentleman and either a working out an agreement for parking where he provides some of that monetary >> Yeah. Yeah. And and like I said, that's an aside, frankly, from my concerns. My main concern really is the size of that building that close to the street. I've, you know, we've we've put out for public opinion or public comment, I should say, on Facebook in our community. Um, and some folks brought up some other memory care facilities or assisted living facilities in in town um that are near residential areas. And I guess my my rebuttal to the fact that there are other assisted care living facilities near residential areas, I've not found one that has a 30-foot setback with a 35 ft building right there. It's it's super close to our main entrance to our neighborhood. Um just again because of the the way that property is, it's not easy to put a building somewhere else. And so >> what is the All Saints setback and height? I mean they they're three stories. >> Yeah. So it's 30 ft and they're below the 45 ft. >> Yeah. >> Yeah. I live right there. >> Yeah. Yeah. Like I said, it's just a personal >> Yeah. >> preference. And you know, there were a couple of of folks in our neighborhood that didn't have a problem with it, but um the the vast majority of the comments that were in our um public opinion on Facebook anyway, again, that's just our neighborhood area. But um we're opposed to and just basically because of the the size of the building, the feel coming into our neighborhood. Chair, if you remember the I not I don't remember whether you were on the board when the last one came through, but it faced the neighborhood and I think the architects attempted to put most of the windows so that they're facing um crossing in the back by put pushing the building up towards the front so it's not leaning into the neighborhood with all the windows >> and the zoning hasn't changed. Correct. The zoning for this property has been >> Yeah. No, it's >> Yeah. >> Well, I appreciate you coming up. I will just state like we're here to ensure that the applicant has followed the rules and that they are doing what they need to do to utilize the land. So when it comes to opinion, we are very handcuffed into what we can rule >> against and for. >> So I just want to make that clear. We we make sure that the the rules and the guidelines are followed. And to date, this applicant has done everything that they need to do >> and to utilize that that property. >> Yeah. >> For what it's zoned for. >> Yeah. >> And then in reading the material, the the windows on that um that side that face the pool, it looks like those are mostly stairway windows. So it's not like you're having residents who will be looking over at that um building. And then just um just for perspective like the average height of a silver silver maple tree is 96 feet high and like this building is like going to be um what 35 ft. >> Y >> um and so it's smaller than a lower than a tree and they've put that skinniest side facing your neighborhood and then from looking at the landscape plans there are going to be like four trees along that. So like there's some visual buffering from that. So, I think that the it seems to me like the applicant has done what they can to really accommodate some of those concerns as best as as best as possible. I guess from what what I see, you know. >> Y >> All right. Thank you. >> Thank you. >> Public hearing is still open. >> Hi guys. My name is Jackie Tessing. I am a neighbor live two blocks from um the proposed construction. I'm also a board member of the association. Um, so aside from a few of the things that Todd said, I mean some of my biggest concerns is yes, you said the threestory buildings facing our tiny pool. And I would love to go back to the like actual if you could >> renderings >> Google Earth where you can see the pool and just how massive this building's going to seem, especially next to our pool. So, even if there's only like one unit facing my pool on the third story building, like to me, that's a big privacy concern. I bring my three kids there. I don't want a 60-year-old sitting and watching my children swim or other people in swimsuits. I think that's a privacy concern, whether it's one unit, two units, or 20 units. Um, so I that's one of my largest concerns is just it's diminishing the value of the pool for our neighborhood. Um, which is a was a huge drive for me to want to live here. My kids and I use it almost every single day. Um, and then aside from that, there's a ton of foot traffic in the area. Like Todd was saying, we walk to the pool. There's paths there. And I think that as you could see, the only like city road is crossings and these other two private roads where there's always people walking. So, I have a big traffic concern as well for how that's going to um impact um just the flow of traffic and how we'll see cars coming in and out. Um especially on those private roads. And then um we spoke a little bit on parking and my biggest thing is yeah, we could put up a sign, but I think seeing our parking lot as a solution isn't one. like we don't need to grant access to them and I don't think we should see it as a solution when the reality is they're building um a residence that has 27 parking spaces for 40 units. There's still employees baked into that. There's going to be multiple people potentially driving to visit one person. Like yes, it won't happen every day, but it's going to happen or they're going to run out of parking. Um, and I think if there's not enough spaces and we're squeezing this building into this tiny spot, that's just a concern. And um, just like Todd brought up, this is a three-story building. There is no three-story building around. So, it just I think it brings down value to the neighboring houses. Um, I did bring, so this is for a CUP conditional use permit and on the Shakape government website, um, it says that we're here to see if it has a if it has a detrimental impact on neighboring properties or the city. A conditional use permit may be granted only when the following findings are met. And I would argue based off of the few things that we've said, this is not happening. Use will not be injurous to the use or enjoyment of other property. So I think there's a potential huge detriment to our pool and even the houses around for the purposes already permitted or substantially diminish and impair property values. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property and that there's adequate utilities, access roads, and other necessary facilities. There's not necessary facilities. We don't have enough parking. So, I think we're already seeing like we're here for this. These aren't being met. And um we did send out a email to our association which is about 200 homes. I have 80 signatures here and I could get more saying we don't want this here. So I understand that you're not here to hear opinions but you are here to grant a conditional use permit and I would argue that these points aren't being met. >> So that's all I have. >> So I'm just curious like if you have to provide a solution for this what would be that? >> Don't build here. I think there's plenty of other building. >> Don't build anything in that land. >> Don't build a threetory 40 unit. >> Would you be okay with the twostory building then? >> Or a commercial use building like a Valvolene or something? Yeah, absolutely. I'm all for these types of facilities. I have had family in one before. This is just seems like we're trying to fit like a puzzle piece in a spot that it just doesn't make sense here. I think it's important to note that this parcel though it's though it abuts a residential area is zoned for highway business. Right. >> Yes. >> And so that's a different set of requirements of setbacks of heights allowed. >> You could you could put a McDonald's. >> Yeah. >> Right. Okay. >> That could be 24 hours a day. >> You could put a McDonald's. >> And the quick trip's near enough by there's a lot of car traffic obviously that goes in and out. I mean you've got a bank there's traffic from the bank and the velvet >> making more issue with the building itself and >> okay cuz you talked about the traffic >> traffic is an issue more so parking I guess yeah because there won't be enough parking >> so Mr. Kerski with um with your staff. Did did any of the staff look at like facilities of similar sizing of this type and the parking usage? >> This actually has more parking than the last proposal. So they they have adequate parking >> but do other >> adequate parking just like so it seems like the concern is during those holiday periods which would be Easter, Thanksgiving, Christmas. Those are when people often come to visit those family members. And so, um, did they look at the parking on those peak days at these other similar facilities? >> Yeah, I mean, the applicant can speak, but I think when we went through this last time with the last applicant, not that many people really do show up at these facilities. It's >> well, and more than that, right, there are guidelines from the city for facilities like this for the amount of parking necessary, right? I think it's one space per three beds plus one space per employee on the largest shift. >> Yeah. So they're going to have let's say on a holiday they're going to have six or seven employees. That leaves 20 spaces for visitors >> because again the residents do not have vehicles. [clears throat] >> This is made for overflow. >> They've made arrangements for overflow parking. >> Yeah. I mean I think that's in the applicant's best interest to figure that if there is an issue they parking. Yeah. And that's fair. I think my main point that my second main point as board members and owners of that pool property that's directly adjacent is that it's diminishing the value of our pool property to put something like that there. Let privacy being the main concern. >> Commissioner Ranat, you said the side that faces the pool is stairwells. >> Yeah. So if you look at that was in like the packet material, but it looks like that west elevation. So it' be the the west side of the building is facing that. That's the one with the wings on it. >> So is there no there you could say certainly that there's not any residents that could view our pool from the second or third story. >> So I'm not most of these residents are not mobile. >> I know. But it's still a concern. >> If you look at the floor plan, I don't think there are resident uh rooms on that west elevation. I think that is all um stairwell and things like that. >> Can we just plant a couple trees? Let's let's remember sight lines, right? If they're on the second or third floor looking down at a pool at ground level, >> put two trees in the way. >> Sure. >> You got to look down. You got to look now you look through the trees. Now we provided screening and can we can we just solve it by planting two trees or three trees? >> It looks like there are trees proposed as part of the trees proposed the landscape plan. >> It's not a part of the >> just the rendering isn't like where the trees are going to be. It's just a rendering. If they look at the site plan, they have >> tree. >> Yeah. >> So, I guess the last thing I would say to those two things is just overall we can Yes, we can meet parking. Yes, we can plant some trees, but I think this building is out of place for where I still it's you don't need to find it. But when I was looking at the like Google Earth view of the tiny lot, our pool quick trip and then all these homes, hundreds of homes around it, it's just out of place would be my final argument. >> You hope to switch to Google just so to give a perspective. >> Oh yeah. You know what? We we need you to come up to the microphone if you're going to talk. >> Mr. Kurski. Mr. They want this picture. >> To be honest, we all have them up on our computers and are looking right now. So, I'm not sure how difficult it is to >> finagle the computer up there. But, >> so I uh my name is Alina Slitzky. I've been a resident of Shakapei since 2005 when our home was built which is um Fescue Circle. Um when the houses were being um brought up, my understanding that the city was allowing a uniform look to the neighborhood. If you drive through the area, you'll see there's not a single um twostory business um or three-story business located in the area. So, the only thing that you can see um quickrip singlestory um childc care single story velvine bank singlestory which is all reside on the left hand side of the county road 18. If we cross over to the right, there's um Home Depot, single story. Um which is right across from Trip. Um from there we have um a movie theater. Um uh the two-story building there is a restaurant available, but everything is uniform looked. And I I'm worried just as much as the rest of the residents who signed a petition to reconsider allowing that building to come up in the neighborhood that it will devalue our properties. And being a resident of Shakipia, I thought we are striving to provide better experience to our residents. Uh when we added Quick Trip, I was uh several years younger than I am today. um was didn't participate in those meetings, but I can tell you the traffic that it brings in. We constantly deal um with kids transpassing our properties. So, we pay the price of the quick trip coming up in the neighborhood every day. And we we have to it costing our association money have to clean up. We constantly call the Shakapi police um to to help us with kids that are trespassing and vandalizing the property. So since we already had to deal with a different type of business that was brought up into our neighborhood, I feel like it would further devalue by bringing um a large apartment type building for the senior living. >> Do you think that that this building will bring a similar clientele as what is brought to Quick Trip? I'm not saying it will build exactly s see uh same clientele but I'm just saying it's going to add more to our problems versus um solving a solution uh providing a solution. Velvalene was a um at least people come in and get out. They're not walking to the property to get um maybe a shake and then seeing oh there's a pool. Let me it's a hot summer day. let me jump over the fence and take a deep um go swimming. Then um leave some unpleasant surprises like we have furniture floating at the pools. We have um fecal matter left that um on constant basis and other vandalisms that we had to deal with in the past. >> And I think I'm not speaking for the applicant. I think I can pretty much guarantee you that the residents of this property won't be doing that to your pool. I and kind of to Michael's point of all the things that could go in this space, this is for those sorts of concerns, which I hear you. I understand them. This is probably the least risky of anything that could go there, frankly. >> With a with a memory care, I'm assuming the the residents will be locked up. We don't know who will be visiting those residents, but I think the main concern that if you take a moment and drive through the neighborhood, you will not see massive structures built. No, but that parcel is zoned differently. >> Um, when I read the zoning, it said small, retail, and service business. It doesn't say threetory high structures. >> We heard the correct there are height limits, right, for this zoning, this B1 highway business, and this building fits within that height. They can go up to 45 according to the zoning, but it's going to be 30. So, >> I'm sorry. It would be >> according to the new zoning, the zoning code, they can't go up to they have to be under 45, but they >> ft tall. >> Yeah. But they're building 30 foot high. >> So, so while the Home Depot and the theater are one story, they're much larger than one story. So, they're taller. They're very tall perspective. >> Yeah. Did the zoning change since 2005 to be fair to the residents? >> Yep. This was uh I can't even remember the name, but there was this was the only neighborhood in the city that was zoned that way and it was reszoned because we don't have that zone anymore and it's not in the comprehensive plan. >> So, it was reszoned. Um did the did the requirements change? What I'm asking with resoning? So, so B1 and whatever the zone was before it's very it's similar. I mean same uses are allowed. >> I think it was uh planned residential district PRD. >> PRD. Yep. >> Yes. >> Yeah. And it got resoned to be one. >> I mean residential district in businesses or like maybe it was my misunderstanding. I thought it was two different things. >> No. So PRD doesn't exist. So this got reszoned to B1 when the comp plan was done in 2018. >> Okay. So >> So >> what structures were allowed under PRD? Because we have many residents that reside there that built the houses with uh with certain understanding. >> Yeah. So P the design there the city's never had any design guides design guidelines for this area. So the only reason why the buildings look the way they do is we have design standards for uh building materials. So the valvalene that is not your typical valvalene. We struggled with them for many months to get it to look the way it did because it didn't meet our the city's design guidelines. Same with this building. this board under the planning commission side changed the design guidelines years ago to try and improve the the look of the architecture require additional materials and um that's why you get kind of the better looking buildings today. So Home Depot was not was under guidelines that could not be built that way today. Same with the movie theater. >> So if we take a look I think it's good example Valene just brought up. If you if you go by the property, it's very open space with a small building structure. And I think maybe we're not driving our point across that this will look massive in that little in that little spot. So, Valene, you can see it right behind Quick Trip. Majority of the space is either parking, green uh built trees, green uh grass. Um there's sidewalk. This here will be mainly the um the the tall building that like with the 40 units. >> Understand what you're saying. But most of I assume the houses in this neighborhood are twotory homes, right? >> Yes. >> So we're talking at roof line 25 maybe 30 ft. This is going to be 37 38 ft. So we're only talking 7 feet taller than any of the residential houses in the neighborhood. It's not that much of a difference in in all actuality, is it? um from uh I haven't measured my house how tall it is. So, I'll take you >> I'm just totally estimating, right? I haven't measured your house either. >> However, the the homes are like small square boxes. You can see them on the picture. >> Understand that the footprint will be bigger, but I'm saying the height issue, we're talking probably less than 10 ft taller than most of the houses in this neighborhood. and interior. So the design guidelines made the made this building instead of look institutional but more residential. So by the difference of materials, the colors, the landscaping that the final design is way more residential scale than commercial. I mean if you look at quick trips I I don't you cannot build you could not build that today under our current standards. So they're much different. And so one of the reasons why they flipped the building is to minimize the windows that would be facing the residential. So as you heard, it's a stairway and some other service things on that side because the original design that was approved was a building that faced the the neighborhood. >> Mhm. >> Yeah. I think that that shows that the city is really interested in sort of balancing everything, right? the needs of residential people to have a a peaceful place to live, but also the needs for, you know, older members of our community who might need memory care to have a facility to live in, plus access to businesses like Quick Drip and Valverine and Home Depot and the the cinema, right? So, when a business like this comes, we don't just say put up a brick building. We don't care what it looks like. I mean, we want to make sure that the aesthetics of it at least come close to matching the aesthetics of a residential neighborhood. So, does a memory care facility have to provide some green space um for for the residents? >> They they'll >> they have a fenced area that faces um crossings. >> Okay. >> Like a patio, right? >> Yeah. You you won't see patients sitting on a wheelchair in the parking lot. I mean, that was the whole idea. and memory care. It's a secure facility and they're required by state law to have a um licensed practical nurse on call 24 hours a day and in the facility during the daytime hours. So there will be a medical personnel here >> had Alzheimer's so very familiar. My grandma had Alzheimer's. >> Thank you. >> Um thank you for your time. I guess that's all I had. >> Thank you. Thank you. Right. My name is Dean her. Um I live a couple blocks away, a little bit deeper into the neighborhood on Oakidge Trail, but uh my family and I have three kids. Um wife, we've lived there 13 years now. And to me, I mean, I echo a lot of their complaints, a lot of their concerns, but uh other than the pool privacy, we don't use the pool, but the increase of the traffic flow uh is a big concern. Um and mainly just the fact that we're in a single family residential neighborhood. You know, we worked hard to be able to afford these homes, move in here, pay a lot of taxes to be in a single family home, not a multi- We don't want to see a multifamily unit like this come in. This thing is going to be an eyesore. Worried about it affecting property values. the fact I don't know a lot about the zoning laws and everything in the area, but the fact that this is allowed and I mean you see where it's in in the neighborhood um further in from the street from Quick Trip and everything. The fact that it's allowed to be that tall is kind of astounding to me. I mean, I just think it's going to be a huge eyesore coming into the neighborhood. Um, and yeah, I just uh I think a little bit of privacy and security concerns will always go with any unit like this coming in. But the main thing is this is a again a single family home neighborhood. If this was built on the other side of Home Depot, there's some apartment buildings over there. More space wouldn't be a concern. But in that spot, yeah, it's you're you're cramming a large facility into a very very small footprint. Personally, I don't think anything should have been developed there. I think it would have been a beautiful spot for some trees, maybe a fountain, couple of benches, you know, stuff like that. You know, there's a lot of foot traffic, kids, everyone. You know, we walked a quick trip. We, you know, always going for walks. The trails connect there. So yeah, I just wanted to voice my concern. I I know you said there's not a lot you can do, but I would ask that you look into it, see if there's something you can do. I mean, even if it was if it was a single story, I wouldn't be as concerned. But, you know, we were just talking about the height, but just even that little bit taller than the homes and being a three-level multi-unit facility like that is definitely a big concern to me. Thank you. >> Thank you. >> Thank you. Thanks. [clears throat] >> This is so different than this. >> Mhm. >> All right. Is there anyone else who >> Can we have second time? >> You may. The public hearing is open. >> Sorry. My first time at a city meeting. Sorry. Um, I guess one point I just wanted to make like I understand, you know, they've done a a good job of attempting to in and putting the footprint and and the design of this building within the the zoning requirements like and that that I think is the the point I'd like to just point out like it's currently zoned as business highway business, Right. So, they're within the zoning requirements if the cup is uh voted to be, you know, authorized or whatever. So, I guess that's that be my my ask. And again, we've got 75 signatures on a petition from folks in this neighborhood that are asking you not to allow the cup to go through. So, I think that's the the point I wanted to make like it is currently zoned as highway business. That doesn't mean it has to be allowed. So, thank you. >> Thank you. >> So, Mr. Kursky, under the the zoning, the other uses that are allowed without a CIP, some of those buildings could be 45 feet tall and not come before. M >> no, I mean theoretically it's probably too small, but you could build a regular apartment building here. >> And to be sure, so this is zoned highway business right now. If uh they meet all of the requirements of highway business and we say no, does that open up the city to some sort of uh legal challenge to this? >> Yeah, I mean they'll appeal to the city council. So >> yeah, thank you. I mean, I think the other there are a lot of as you someone pointed out. I mean, so we're working with a fast food company right now that would fit on here without any problem and would generate 24-hour day traffic and they don't need a CUP. They can go automatically on this site. >> Yeah. >> Yeah. I'm just going to echo what Todd said again. I know we're not here for opinions and that's not your guys's um that's not what you're here to take in, but we are here to approve the CUP. And just echoing what you're approving is saying that it will not be injurous to the use and enjoyment of other property in the immediate facility. I would argue that's not happening. It will not impede the orderly development improvement of surrounding areas. There's walking paths. We've talked about the traffic um and the adequate utilities and access roads and facilities are provided. Parking is an issue. The reason that we're talking about backup parking shows that we know that it's an issue and there isn't adequate parking. whether that's all the time or even sometimes adequate parking is not being met. So, in accordance with the cup that were here, I would just ask you guys to listen to the 80 names that we have and all of our um these people that live in these 200 homes that you can see in this picture. I could get more signatures. We're not okay with it. And we have not only opinions on why we don't want it there, but I would just argue that the uses of the conditional use permit aren't being met. So, thank you. Thank you. >> So I have maybe a question for the applicants. Um so with the um so I've heard traffic mentioned a couple times. Can you describe how many shifts of employees and like how many people would be on staff um during each shift? >> We we have that in the slide. >> Oh, sorry. >> So that's going to be uh three shifts um AM, PM, and overnight. Okay, >> there we go. And the largest shift would have seven employees. It looks like that afternoon shift. >> Yes, sir. >> Okay. >> And again, >> you have provided for six more stalls than the city requires. >> Absolutely. >> Okay. Thank you. >> Thank you, sir. >> Okay. Is there anybody else who would like to come up and say something wonderful? My name is Amy Yanta. I am out in Switchgrass Circle. That picture's not up there anymore. Mine will be really quick, but uh [clears throat] I'm like right behind where there's an empty lot. So, I'm just wondering why we didn't go to that empty lot, the other one between child care and just putting that out there. Um, because honestly, I would I wouldn't mind having this behind me instead of a fast food place. So, please don't put one. [laughter] >> Which one? What? >> No, she's asking about why it's not between Valvoline and the child. She lives her property butts up or the back of it faces the empty lot next to >> and she would rather not have a fast food restaurant there. >> Yeah. Please don't >> I would be like herself as tribute right now. [laughter] >> Hey uh but um you guys have heard everything all the concerns but my main thing is actually different uh just from lessons learned from the Valvalene build. I'm just wondering if there's anything that you guys can do to help and maybe the applicants hearing me too uh with the construction. There was just a lot of garbage and even to this day that was just left there and there was just things that I noticed that I'm like okay next planning I wanted to bring this up to you guys. um if there's just something we could do that like please make sure that the the construction folks are you know picking up and when I was just a lot of garbage and there's still a lot of garbage that's left in that empty lot from that build. So >> yeah, that's a really fair point and I'm >> that's a new one. Is there is there construction guidelines that >> Thanks. >> I would assume >> chair and commissioner, I think the biggest issue we have in general with this area is that's a private road and in fact this property owns the entrance to the private road you can see from this. >> So we had issues when Valvveling was done that they were but it's not a city street. So we don't have all the city street regulations to control. That's why we don't allow private roads anymore. But >> got it. >> This was done way before those rules were put in place. >> So, if you would like to be good to your neighbors, please make sure that the construction garbage is cleaned up >> and don't park on the private road. >> Yes. Anybody else who would like to speak on this matter? If not, I will entertain a motion to close the public hearing. >> Yeah, I'll move to close the public hearing. >> Commissioner Robin makes the motion to close. Do I have a second? >> Second. >> Commissioner Sandu seconds. All those in favor? >> I. >> Any opposed? >> All right. Public hearing closed. Yes, Mr. >> Chair. you know, this is a I appreciate all the people that have come down and I I um I can understand some of the concerns about the height. Um but when you think of zoning sometimes you have to think of all the things that could go on a property that are legal. Um, and when I think of that that zoning and then I think of this, this is not the most injurious thing that go by a long shot. The people here that live here aren't going to leave the building. So, what you really have are visitors. Um, the building is tall, but it's not in the middle of the neighborhood. It's it's it's uh um it's toward the edge. It's it's backing Valvolene and and Quick Trip. They um and obviously there wasn't any other place to put it, but it's it's at least not in the the middle of the neighborhood. Um I just when I think of of what the developers have done, and again, as I say, I take your point. Three stories is high, but it's not as high as 45 ft. And I just think that that um this is not the worst use of the building and I think pretty good use because it's not apartment building. This is not an apartment building in the sense that we know it is. The people that live there aren't going to be outside. They're going to be inside. So, um I'm inclined to approve this or at least um go ahead and vote for it. Um, keeping in mind that that you made an impression. I mean, I do get that three stories is pretty big. Mr. Foresight is is has pointed out that, you know, maybe seven or eight feet taller, but when that's a mass, it's it's big, but I don't I I think in time that won't seem as big as it does now. So, Madam Chair, that's my my comment. Any other comments or discussion? I >> I'd add I think a couple things. I think number one, it's good. I'm glad that you guys came, voiced your opinions, your concerns. It's good for the applicant to hear that and and in many cases what happens here is hopefully we get a dialogue, right? So you can resolve some of these issues. The parking is the big one at the pool. You guys can figure that out. That's not rocket science. Let's figure it out. either maybe there's a monetary thing, right, that helps the association fees or maybe it's just a flatout, hey, this is and let's be honest, this is four days a year, right? Holidays and maybe the applicants send very clear letters to the families that say you shall not park there, you will be towed, period, right? And then do it that first time so they really, you know, and you can figure that part out and if they plan for other overflow parking so work that out, get that conversation going, work it out again. And maybe it's the trees for the visibility. I think there's a lot of things that can be worked out and so I'm glad you came and voice that out and I think those are things that can be resolved. The other thing I would say is this zoning hasn't changed and so and I think as we said before there could be far worse things that go here that are following all of the rules of the city. And I think that's something I would encourage all residents when they move into an area. I know I did. I moved into a spot where there's a bunch of open land behind me and you better believe I asked a lot of questions about what is it? What's it zoned? What could it be? Right? because if it came back as some things I might have said I'm not going to go there like let's go somewhere else and avoid that risk and so this hasn't changed it's been zoned this way from the beginning and those are some questions that maybe should have been asked earlier and and hopefully people will learn from that a little bit um and so I think all in all again of the things that could go here under the zoning conditions that are allowed this is probably as you said the far least intrusive um it could be it could be far far far worse and we can't just say well nobody can build there right it's a piece of land that somebody's bought, they're following the rules. Um, >> and so we can't just say no necessarily if they're following the zoning rules. But that's all. >> Thank you. Good points. >> Excellent points, Commissioner Wiler. Anyone else? >> All right. I'm happy to entertain a motion of either kind. >> Sounds good. I move to adopt resolution PC2025-00007, a resolution approving a conditional use permit for housing designed to serve persons with disabilities at 8205 Crossings Boulevard. >> Second. >> Uh, we have a motion made by Commissioner Foresight, a second by Commissioner Robbins, Mr. Kursky, can we get a roll call, please? >> Yep. >> Commissioner Foresight, >> I. Commissioner Wiler, >> I. >> Commissioner Sandu, >> I. >> Commissioner Reading, >> I. >> Commissioner Randow, >> I. >> Commissioner Sepovo, >> I. Commissioner Robbins. >> I >> All right. That motion passes unanous unanimously. On to item six. Other business. Mr. Kursky. >> None. >> Wonderful. I will now entertain a motion to adjourn to Thursday, December 4th, 2025. >> So move. >> Commissioner Robbins with the motion. >> Second. >> Commissioner Sandandy with the second. All those in favor? >> I. >> Any opposed? >> All right. Meeting adjourn. >> All right. I will call to order the shock planning commission at uh we'll say 8:17 8:18 >> 819 >> What's that? >> 819 >> 819. Oh, [laughter] >> was looking at the clock instead of my watch. I should just look at that. >> Um we'll start with the roll call. >> Commissioner Foresight >> here. >> Commissioner Wiler >> here. >> Commissioner Sandeu >> here. >> Commissioner Reading >> here. >> Commissioner Randow >> here. >> Commissioner Sepovo >> here. >> Commissioner Robbins >> here. >> Thank you. We move on to item two. Approval the agenda. Is there any changes or additions to the agenda? No. >> Hearing none, I'll entertain a motion to approve the agenda. So move. >> Commissioner Robinson second. Second, Commissioner Sandue. Any discussion on approving the agenda? Hearing none. All in favor? Any opposed? That passes unanimously. >> Move on to item three, recognition by the planning commission of interested citizens for something that's not on the agenda. It does not seem like we have anybody today. Then we move on to item four, the consent agenda. Uh the only thing in the consent agenda is approval of the meeting minutes from the September 4th meeting. Are there any changes or additions to the meeting minutes? >> Is there a reason they're not? >> Just a second. >> Sorry. I'm sorry. I didn't >> Commissioner Reading first. >> Yes. I have a I was at the meeting, but I was not listed as being present. >> Oh, okay. >> For the October 9th meeting. >> Thank you. So, Commissioner Reading needs to be listed as having been present at the September Well, these are the September these are the September 4th minutes. >> Is that accurate or is it supposed to be there? >> You were here. >> Yes. >> Yeah. >> Yeah. And it says you're not here because >> Oh, hold on just a second. So, there's something in the minutes that says the action to be considered is approving the minutes from September 4th. And the background says minutes from October 9th. So, I think these are actually the minutes from October 9th, even though the agenda item says September 4th. >> Oh, okay. >> Okay. >> Got. >> So, we are actually approving the meeting minutes from October >> 9th. Correct. >> Yes. And Commissioner, >> you you objected. You abstained because you weren't at the meeting before. Yes. >> Yes. Right. But I was at this meeting. >> Right. So on the roll call for the October 9th minutes that we see Commissioner Reading is not listed as being present. >> Got if we could just add that. >> Yep. >> Commissioner SPO, what do you got? >> Nope. That is what I [laughter] >> You handled it, sir. >> Love it. All right. So then with that with that change adding Commissioner Reading to the list of uh commissioners that were present, um I will entertain a motion to approve the consent agenda. >> So moved. Commissioner Reading with the motion. Second. >> Commissioner Seovo with the second. Uh any discussion on that? >> All in favor say I. I. >> I. Any opposed? That passes unanimously. We'll move on to five. Other business. Mr. Kerski, is there any other business? All right. Well, then we'll move on to item six and entertain a motion to adjurnn. >> So moved. >> Commissioner Robbins with the motion. Is there a second? Commissioner Pov with a second. Any discussion on adjourning? >> Uh hearing none. All in favor? I. >> Any opposed? We are journed at 8:22 until uh the next meeting in whatever it is. December. >> December 4th. >> Yeah. 4th. >> So, did you get did you get your record? No.