Is this where I'm supposed to be here?
Right here.
Oh, thank you.
Pleasure of honor. Yeah, you're the mayor. Oh, no, thank you.
I apologize.
I'm very, very sorry. So the meeting's open. It's over.
I didn't know where it was. I'm like, oh, no. What did I do? Well, anyway, I'm supposed to have a gravel. And then on the September 16, 2026, meeting of the Board of Adjustment Appeals, City of Dunin, will now come to our. In the absence of the chair and the vice chair, the Board of Education, that's not me. That's not me, I think I'm going to say. Well, I need somebody to.
No, I.
Someone will need to make a motion to appoint Virginia to serve as chair pro-town.
I don't want to chair this because of my voice. It's not reliable.
Sure.
Mr. Lamberton advised that in the absence of a chair and a vice chair, the Board of Adjustment and Appeal would be following Robert's rules, which provide for the election of a chair pro-town. I, Matthew Morrissey, make a move that we allow Virginia Lamberton as chair pro-town for this proceeding. Second.
Roger?
Aye.
Thank you. Okay.
The introduction, read it. Yes.
And can you pull your mic up so it's closer to your mouth? It's, I don't know what's down there. That's okay, you know?
I heard it.
Yeah. That helps.
Thank you. The Board of Adjustment and Appeal is a quasi-judicial, I could never say that word right, body. Certain procedures must be followed by the board and a person's appearing before it. The purpose of this meeting is to provide applicants the opportunity to present their cases for review by the Board of Adjustment and Appeal. The BAA is responsible for determining if such applications comply with city regulations. This meeting is open to the public and all persons present to the hearing of a right to voice their views regarding this application. If the competent and substantial evidence before the board does not meet the necessary standards set out in code, the BAA will have no recourse but to deny their request. Decisions made by the board are final and may only be appealed to a court. When the board votes to approve or deny an application, the vote of the board is the rendition of an order on the application. It is the responsibility of the parties to create and preserve a transcript of the proceedings. In case of a full board not being present, the applicant has the option of postponing the case of a full board as present. If the applicant wishes to proceed with an even-numbered vote, board members, to tie vote, what the heck, proceeds with an even-numbered board, a tie vote constitutes denial of the application. The format for this meeting is as follows. The chair will inquire of the board as to any conflicting, any conflicts ex-parte communications. Any member of the audience desiring to testify, applicant, owner, representatives, and staff will be sworn in by the deputy city clerk prior to each case being heard. The chair will introduce each item on the agenda. The city representative will present the city's case regarding each application. Members of the board may inquire as to the city representative's presentation of each case. The owner of the applicant will be given an opportunity to make their presentation to the board and respond to the city representative's presentation. Anyone in the audience may come forward to testify regarding the application. Any person who has testified may ask questions of a person who has testified. The applicant will have an opportunity to rebut or respond to the opponent's testimony. The city will have an opportunity to summarize the city's position. The board will discuss the application and vote. The first item on our agenda today is to approve April 15, 2026, Board of Adjustment and Appeal Minutes. Are there any corrections or deletions to the minutes? Does anybody have anything? May I have a motion to approve?
Motion to approve minutes of April 15, 2026.
Second. All in favor? Aye. Aye. Okay, thank you. We're moving to the item 1A. Anyone in the audience who wishes to give testimony to any items on the agenda will need to be swore by the city clerk. The clerk will now swear at all persons wishing to speak or to give testimony at today's agenda.
All right, please raise your right hand. Do you swear the testimony you are about to give in this proceeding is the truth, the whole truth, and nothing but the truth?
I do. Okay. Okay. Your staff, right?
Yes, ma'am.
Would you like to make the presentation?
Sure. I'm Kevin Numerigo with the Community Development Department. This is application BAA 2026-001 at 518 Bay Street. The applicant and the owners are Corey Orzak and Gina Orzak. The representative is Brian Ungst, and the applicant is seeking a variance to reduce the required 20-foot rear yard setback to 10 feet for the construction of a new single-family home. The address is 518 Bay Street. The property size is 0.22 acres, just about 9,617 square feet. The land use is residential medium, and the zoning is multifamily 15, which is for a... not too dense. It's not too dense. The owner-applicant is requesting a variance from the Board of Adjustment Appeal pursuant to Table 103.23.15.1 of the LDC for the multifamily 15 zoning district to reduce the minimum required multifamily setback from 20 feet to 10 feet, where minimum building set will be 20 feet required for the construction of a single-family home. It is the staff's determination that the requested variance of 10 feet is the minimum variance necessary for the reasonable use of the property. Granting the variance for the reduction to the rear setback will not confer any special privilege. The north side of Bay Street has lots with various shapes and sizes, not consistent with standard interior lot shapes and of being standard rectangles or squares. The proposed variance provides an acceptable distance of 10 feet between the rear facade of the building and the rear property line, given that the depth of the lot is only 88 feet rather than the 100 that's typically required. Up on the screen is just development option number one. It just mostly changes the pool, which is on the left side of the top left side of the screen. Kind of just shows where the pool would be. And then the second one shows the change where the pool would be. But they still maintain two buildings would be the setback of 10 feet. The pool can extend further out because the pool deck can go within five feet of the property line and the pool deck can go up to the property line, but the house itself will be set back at 10 feet. Staff recommendation is to approve BAA 2026-001 to grant a variance to reduce the required 20-foot rear yard setback to 10 feet for the construction of a new single-family residence. Any questions? And I believe the applicants are here if you have any questions of them, too.
Does anybody have something to say?
I am, thank you for the report. Very thorough, and the recommendations are very clear and precise. Two questions. Have any objections been received since the staff report date of September 14th? I have not received anything from the public objection. You kind of touched upon it. There are irregularly shaped lots throughout that neighborhood. My question is, would granting the application create any detrimental precedent in that area such that the city, the future city enforcement of building setback lines could be affected?
No, I think the request for the rear setback would be the one that you'd want to suggest to them to maintain the front setback of 25 feet and the side setbacks to be 10 feet. That would kind of be consistent with what's out there. It's an older neighborhood. This is one of the first new developments that will be happening there. So this is kind of like your first new house. And based on those lot sizes, you know, they're not our standard lot sizes because the code is always talking about the most basic of basic. It doesn't really address the crazy lots as best as it can. So right now, this would be the first property coming in with a rear setback. It's not a front setback, so it won't reduce less than 25 feet to the front of the property, which would set up a highly precedent where now everybody could ask to the front. This one's kind of keeping it to the rear, so they're kind of given it's going to maintain the consistency of what the existing character of the neighborhood is. Each property is different with the shape of the size of the lots out there. So if somebody was to come in with new development in the future, because these houses are old, so it could be consistent with it's going to be redevelopment, which the city would like to see, redevelopment of the older neighborhoods, but keeping the existing character, which this one is doing. They may have to ask for variances as they come along, but just because of the shape of the lots, it wasn't like a cookie cutter type of development that was built in most other areas of the city. This is like an older, kind of jumbled neighborhood that they just kind of carved land out of and they just said, okay, that's you, that's you, that's you. So this would be potentially in the future, I would say, if they were going to develop, because they're not going to want them to go high in that neighborhood. They weren't going to want them to keep them low because everything around there's a single family home. So we probably wouldn't encourage going up. It probably encouraged going out and not being and maintaining the front. So I would say it's not a precedent setting one that really would disturb the character of the neighborhood because it's a rear setback. It's not a front, but yeah, I would say that maybe in the future, possibly other properties could develop and ask for a request for setback. But I think it would mostly be if it's a side or a rear, I don't think it would be supportable with front, but that's just, I think how we're looking at it now.
Thank you.
Good response. Thank you.
Would you like to come up? Can you identify yourself, please?
Clay Gilman with McFarlane Ferguson. I'm here on behalf of Brian Ox, who is the representative listed, and here on behalf of the property owner, Corey and Gina Horczak, and Gina's here with us today. We had a presentation as well in the system. I don't know if we're able to pull that up. It would be on the desktop.
Why would you give that to somebody?
Yeah, it was the Catherine.
It wasn't?
Yeah. Worst case, I have them in. I have physical copies if that works.
If the applicant's representative is comfortable proceeding with that way, we can also wait until we have the PowerPoint if he would prefer.
I think this will suffice. These are, as long as you guys are okay reading them.
Thank you.
Thank you. Thanks, Clay.
So just to reiterate what Kevin said, we appreciate city staff working with us. If you go to the second slide, it shows you just an aerial of the neighborhood. And as city staff has indicated, there are many different shapes of lots in this, just north and east of them, which is all the MF-15 neighborhood. This request is for a 10-foot setback where 20 feet is required in the MF-15 zoning district. This property was grandfathered into the MF-15 zoning district, which is why it has an 87, 80-foot depth where 100 feet is required. As you can see on the aerial, the unique orientation, the rear of this property actually backs up to the side of the neighbor to the north, which makes it so that neighbor's going to have a side setback into their backyard. So we're not encroaching any further to them than they are to us. So they're going to have a 7-1⁄2 to 10-foot setback there, and we're just requesting a 10-foot setback to the rear. We feel this request of 10-foot variance aligns with the reduced depth, and it's a larger setback than the home that was previously on this lot. So we are giving a bigger setback than was previously there. So if you want to flip, it's the fourth slide. It says concept design number one. So these are not the final design that the home is going to look like. We are not sure just yet what the design is going to be, but these two concept designs were just to give you an idea as to what the 10-foot setback would look like and what portion of the home may be in there. So it's not recommended, and we're not proposing to put an entire wall 10 feet from the property line. It's going to be a portion of the home that's going to encroach in that 10 feet. It may be 10% of the home. It may be 5%. It may be 20. We don't know specifically, but it's only going to be a portion of the home in that 10-foot setback. Again, both of those designs show that they are just for concept purposes only to give you a better idea as to what we're looking at. If you want to flip to the, there's another aerial. It says neighboring MF-15 zoning district. I believe it is the fifth or sixth slide. It's got an aerial that reiterates what Kevin was saying in terms of the lot sizes. If you look on the southwest corner here, that lot is deficient as to width and depth and has a reduced rear setback. And then each of the properties to their west, or if you're looking at this map to the east, are deficient as to width and will likely require some sort of variance to the side setbacks and or rear setbacks in the future just because of the shape of those lots. So this is not out of character with the neighborhood. We don't feel like it's out of the ordinary and it will match the character of this neighborhood moving forward. Lastly, just in summary, this variance is going to allow the applicants to construct a more functional home. It's going to be consistent with the neighborhood. The reduced depth of the properties is what creates that special circumstance. And similar lots in this neighborhood would have more room in the back to construct. So that's all we're asking for is that additional 10 feet for a 10-foot setback. So we respectfully request that you approve this application and I'm here for any questions as well as Mariana who's here for the design team.
Does anybody have any questions?
Okay, thank you so much.
Thank you. Okay, do I have a motion to recommend approval of application BAA 2026-0001?
Is there any board discussion first before motion? And there's no one from the public here, but if anyone is.
I didn't understand what you said.
So it's a public hearing, so anyone else in the audience has the right to come forward and speak, but just for the record, there is no one from the public here.
Back on the script.
Okay. Okay, then we'll close public input. Any further responses by anybody? No? Okay, now I'm going to ask for a motion to recommend or oppose approval of application BAA 2026-0001, request for a 10-foot variance to the 20-foot rear yard setback in the multifamily residential MF15 zoning district for the property at 518 Bay Street. Anybody make a motion?
I move that we approve the proposal as described.
Okay, do I have a second?
Second.
Okay, all in favor?
Aye. Aye.
Okay, we're done.
Pardon?
Another item on the agenda.
One need.
Script. Okay. Just put that aside. You don't need that right now. Okay, thank you.
Okay, recommendation to move select members of the Board of Adjustment Appeal discussion recommendation to move current alternate members into regular vacancy and for one new alternate member, these recommendations will be brought before the city commission for approval. Do I have a motion, excuse me, to do that?
Well, let's talk about this for just a moment. So, we have a vacancy. The chair resigned. So, we really can't make a motion right now for moving the vice chair into chair because he's not here. This is recommending having Amanda step out of Alt-1 into a regular member and Matt stepping into Alt-1. So, that's what we are discussing this right here. Thank you. You're welcome.
What do we need to do?
Is everybody in favor?
No, there needs to be a motion first.
Read the motion. I thought I did. Okay. This one. Recommendation to move select members of the Board of Adjustment Appeal. Discussion and recommendation to move current alternate members into regular vacancy and for one new alternate member. These recommendations will be brought before the city commission for approval. I may have a motion. Do you want to make the motion? See, they're involved. So, we're just doing
the motion for Amanda right now, so. I'll second it.
Oh, I can do that.
You can do it then, yes.
I move to have Amanda step into the position of regular member of the VA.
Second. Matt.
We have the motion, so if we need a second, we can vote on that one first, then we can move on to the next one. So, if you'd like to.
You want to just second it. I'll second it. Thank you. All in favor, say aye.
But do we have to go through this then for the new alternate member? Yes. Yes. We called for all in favor, but we haven't voted. I didn't hear. Did you hear your vote? I did not.
On what?
On in Jack.
Okay. So, we can move on to the second motion then. All one. One of you two. I don't know that I can make it. You can, yeah.
I can? Okay, I'll make that motion.
No, you cannot. It has to be one of you two. Okay.
Second, anybody?
And we need a second from Amanda.
All in favor? Aye. Okay. I have more thing to add. So, at the next meeting, hopefully, we can get the officers straightened out. So, if one of you feel as if, I do believe that the vice chair will go into chair if he chooses. So, if one of you all would like to do vice chair, please speak up. Yeah. Okay?
Someone will have to do it.
Okay. We can't vote on it today. Mm-hmm. Yeah. How do we communicate that?
Hmm? Oh. Do I have a motion to adjourn the meeting? Thank you.
Thank you.
Okay. Good idea. Virginia, are you interested
in vice chair at all? No, no, no. No, no, no.
Okay. Okay. Matt? Yeah, I agree. Thank you. Okay. Yeah, so vice chair on the floor, he's very good.
So, he's definitely if you guys decide to punish yourselves. So, officers do not have to go and finish like you guys. So, the next meeting
is not going to do that. But, yeah, we just had the motion for you today. Well, that's great.
I heard that.
Yes.
Thank you very much. So, I'm happy to have you. I didn't mean you're very, very, very good.
No, I'm happy to have you.
Yeah.
I'm happy to have you on the floor. I'm happy to sit here. Okay.
Thank you.