►
From YouTube: June 25, 2020 Zoning Board of Adjustment
Description
No description was provided for this meeting.
If this is YOUR meeting, an easy way to fix this is to add a description to your video, wherever mtngs.io found it (probably YouTube).
C
Thank
you
good
afternoon.
Everyone
welcome
to
this
live
broadcast
of
our
virtual
meeting
today
june
25th
2020..
This
meeting
includes
the
remote
participation
of
members
as
authorized
under
minnesota
statutes,
section
13d
point
.021
due
to
the
declared
local
health
pandemic
for
the
record.
My
name
is
matt
perry
and
I'm
chair
of
the
zoning
board
of
adjustment.
E
D
F
D
G
F
D
H
C
C
H
B
D
C
H
D
H
D
C
C
H
C
I
Yes,
chair
perry,
members
of
the
board.
There
are
two
communications
this
evening.
There
were
basically
that
there
were
two
appeals
out
of
the
may
21st
2020
board
of
adjustment
hearing
those
were
expected
to
be
heard
already,
but
due
to
an
issue,
they
ended
up
being
continued
to
the
july
14th
biz
meeting
the
business
inspections
and
zoning
committee
of
the
city
council.
So
I
will
notify
I
will
give
an
update
on
that
as
to
what
happened
at
that
time.
I
However,
those
two
items
for
the
board's
knowledge
are
4736
and
through
4740
grand
avenue
south,
which
was
the
appeal
of
the
decision
of
the
zoning
administrator
that
that
was
not
a
minor
change.
The
applicant
has
appealed
that
and
then
also
on
525
10th
avenue
southeast,
which
was
a
variance
for
parking
which
was
denied
by
the
board
upholding
staff
recommendation
that
has
also
been
appealed
to
council.
That
is
it.
Thank
you.
C
We
have
one
item
on
the
agenda.
This
is
4126
upton
avenue
south,
and
this
is
a
discussion
item
I'll
just
quick
say
what
discussion
items
are.
These
are
items
for
which
the
board
will
take
public
testimony
deliberate
on
and
make
a
decision
after
the
public.
Testimony
has
been
heard
for
each
particular
discussion
item.
I
will
close
the
public
hearing
for
that
agenda
item
and
once
I
close
the
public
hearing
for
an
item,
no
additional
public
testimony
will
be
taken,
but
staff
may
be
asked
to
address
board
questions
after
the
public
hearing.
C
For
an
item
is
closed.
Board
members
will
then
discuss
and
act
on
motions
and
the
chair
only
votes
in
the
case
of
a
tie,
and
so
we
have
again,
as
I
said,
item
number
agenda
item
number
five,
forty
one,
twenty
six
upton
avenue
south,
and
so
let's
begin
with
that
item,
I
believe
that's,
mr
lisko.
B
Good
afternoon,
chair
board
members
again
this
application
before
you
is
an
appeal
of
the
zoning
administrator's
determination,
specifically
the
determination
that
cool
equipment
is
not
akin
to
hvac
equipment.
Hvac
heating,
venting
air
conditioning
the
appellant
recently
began
construction
on
the
new
home
located
at
4126
upton
avenue.
South
the
plans
include
an
in-ground
pool
to
the
rear.
B
Table
535-1
is
the
permitted
obstructions
table
permitted
obstructions
in
required
yards,
and
these
are
very
specific
as
far
as
what
is
allowed
included
in
535.1
is
air
conditioning
systems,
heating,
ventilating
and
filtering
equipment.
These
are
all
permitted
obstructions
in
the
interior
side
yard.
B
No
portion
of
the
permitted
obstructions
table
includes
anything
about
pools,
required,
walkways
pool
equipment,
and
thus
none
of
that
is
located
or
is
permitted
in
required
yards.
The
zoning
administrator's
determination
on
this
is
based
on
the
fact
that
heating
venting
air
conditioning
these
are
all
essential
for
homes
to
remain
habitable.
Throughout
the
entire
year
pool
equipment
is
associated
with
an
accessory
use
and
serves
functionally
a
different
purpose.
B
C
Thank
you,
mr
liska.
Before
we
take
board
questions
of
you,
I
want
to
go
through
some
procedural
notes
both
for
the
board
and
for
the
people.
Speaking
from
the
general
public,
including
the
appellant
appeals
of
the
zoning
administrator,
are
not
variances.
C
They
are
also
in
in
some
of
the
written
testimony
that
we
have
received
suggests
that
it
is
a
variance,
but
this
is
not
a
variances
appeal
of
the
zoning
administrator.
There
are
also
not
determinations
on
whether
to
grant
non-conforming
use
certificates.
The
board's
job
is
nearly
defined
to
determine
whether
the
zoning
administrator
correctly
interpreted
and
administered
the
current
provisions
of
the
zoning
ordinance
that
are
subject
of
the
appeal.
C
Furthermore,
it's
not
the
board's
responsibility
to
determine
whether
the
zoning
ordinance
is
correct
or
should
be
changed.
We
are
not
a
policy
making
body.
In
this
particular
case.
We
are
addressing
a
narrowly
defined
technical
issue.
Did
the
zoning
administrator
correctly
determine
that
the
pool
that
pool
equipment
is
not
a
permitted
obstruction
in
a
required
yard?
C
As
a
matter
of
due
process,
the
appellant
is
afforded
broad
latitude
in
the
testimony
they
provide
to
make
their
case.
However,
since
written
testimony
has
been
provided
for
the
record,
this
body
will
ask
the
appellant
to
be
respectful
of
the
amount
of
time
they
use
in
providing
their
testimony
today,
the
same
broad
latitude
and
testimony
provided
applies
only
to
the
appellant.
It
is
not
afforded
others
testifying
who
are
not
the
appellant
or
a
member
of
the
appellant's
team.
C
D
E
Thank
you
chair.
This
is
adam
back,
I'm
the
appellant.
I
work
for
streeter
custom
builder,
we're
we're
building
this
home
for
mr
and
mrs
cohen,
mr
cohen,
I
believe
is
also
on
the
call
today.
E
It's
it
seems
clear
to
us
by
our
reading
of
the
of
the
code
that
mr
liska
referenced,
that
heating
and
filtering
equipment
is
allowed
in
the
side,
yard
setback
and
that's
exactly
what
this
equipment
is.
It's
heating
and
filtering
equipment
for
the
pool
I've
prepared
some
other
documents
that
illustrate
the
location
of
the
equipment,
as
well
as
some
photographs
of
the
property.
E
If
they're
helpful,
but
by
and
large,
we
we
believe
that
the
zoning
code
does
allow
for
the
equipment
in
our
proposed
equipment,
location
a
which
is
where
we
would
where
we
would
like
to
install
that
that
pool
equipment.
C
Do
you
have
any
further
testimony
to
provide.
E
I
have
no
further
testimony
assuming
that
you've
read
the
application
or
the
the
letter
that
I
sent
and
have
reviewed
the
documents.
I'm
I'm
here
to
field
any
other
questions
you
may
have
as
well,
and
mr
jeremy
cohen.
The
owner
on.
My
team
may
also
wish
to
speak
at
this
time.
If
he
may.
C
G
Hi,
yes,
thank
you.
This
is
this
is
jeremy
cohen.
I
appreciate
everyone's
time
this
afternoon.
I
think
adam
laid
out,
I
think,
kind
of
how
we
read
this
situation.
I
would
just
kind
of
reiterate
that,
as
the
homeowners
we've,
you
know
been
very
diligent
through
this
process.
G
We
felt
like
that
this
certainly
fits
within
the
guidelines
of
our
understanding
of
the
situation
and
and
also
is,
from
our
perspective,
the
the
best
solution
for
for
our
home,
but
also
for
our
our
neighborhood
and
the
location
of
it
and
and
kind
of
meets
what
we
think
is
a
good
solution.
So
we
appreciate
your
time
and
I'm
also
happy
to
answer
any
questions
you
may
have.
C
B
Sorry
there
is
somebody
in
the
queue
one
of
the
neighbors
just
emailed
me
now.
Jesus
cabrera
said
that
he
was
waiting
in
line
to
be
admitted.
Oh,
so
I'm
not
sure
if
he's
here
or
in
queue.
D
If
I
chair
perry,
if
I
may
address
this,
we
don't
see
him
in
the
lobby,
the
digital
lobby
for
the
meeting,
so
we're
looking
into
that
currently,
if
you
can
keep
trying,
if
if
it
would
be
all
right
with
you
to
try
and
get
his
testimony
at
your
pleasure,
chair,
perry.
C
C
B
That's
correct
chair.
He
just
emailed
me
during
this
meeting
so
yeah.
He
said
he
was
waiting
in
the.
Let
me
read
the
email
here
he's
waiting
in
line
waiting
to
be
admitted
to
the
meeting,
so
I'm
not
sure
if
rachel
sees
anything
on
her
end.
B
D
I'm
afraid
at
this
point
I
don't
see
anyone
else
in
the
queue
is
there
possibly
a
contact
number.
We
could
call
him
at
to
try
and
get
him
into
the
meeting.
C
B
Let
me
throw
this
phone
number
in
the
meeting
chat,
quick.
This
is
from
the
neighbor
who
wished
to
speak.
B
D
Okay,
all
right,
thank
you
I'll
pass
that,
along
to
our
team
here,
that's
supporting
the
meeting.
Thank
you.
A
A
Presently
we
have,
I
understand
from
what
was
summarized
that
before
construction
started,
that
this
was
requested
to
be
placed
on
the
north
side
of
the
property
and
was
denied,
they
were
permitted
to
place
it
within
their
plans.
A
They
now
want
to
place
it
on
the
outside.
It's
on
the
same
side
where
the
hvac
is
presently
which
we
get
to
hear
continuously,
as
we
all
deal
with
this
in
in
minneapolis,
but
to
have
another
device
causing
noise
pollution
that
will
be
continuous,
at
least
throughout
the
summer,
and
perhaps
throughout
the
year,
as
the
pool
is
being
used
or
not
used
seems
to
be
an
encumbrance
that
we're
not
really
looking
forward
to
with
the
onset
of
covid.
There's
a
lot
of
our
work.
A
That's
now
being
done
within
the
home,
it
will
presumably
become
a
new
normal
and
having
this
noise
pollution
that
will
pour
over
our
house
continuously
seems
a
little
bit
much
additionally
as
our
time
outside
in
our
backyard
and
on
our
porch
in
the
sanctuary
that
we
call
linden
hills.
They
have
that
interrupted
continuously
by
another
device,
seems
a
bit
excessive
excesses,
especially
since
this
has
been
planned,
permitted
and
allowed
to
be
built
within
their
home,
so
it
can
be
controlled
and
not
invading
other
neighbor
spaces.
A
My
wife
and
I
both
are
physicians.
She
presently
is
doing
telemedicine
and
is
treating
interviewing
and
speaking
with
patients,
parents,
as
well
as
the
patients
at
home,
and
that's
just
a
new
reality
that
we're
going
to
have
as
covet
moves
forward.
That's
certainly
true
in
my
occupation
in
medical
device
as
well.
A
I
think
that
entails
it.
I
mean,
I
think
they
they
have
planned
and
budgeted
for
this.
It
shouldn't
have
any
substantial
change
in
their
plan
and
budget,
since
it
has
been
already
successfully
been
permitted
to
be
done
so
to
have
this
change,
you
shouldn't,
if
it's
denied
book
won't,
have
any
real
significance
to
to
cost
or
plan.
C
All
right,
thanks
for
your
testimony
and
thanks
for
your
persistence
in
working
with
our
virtual
meeting
technology.
No.
C
Okay,
I
think
that's
all
that
we
have
for
people
who
are
interested
in
speaking,
so
I
am
going
to
close
the
public
hearing
board
comment.
F
Share
perry:
jonathan,
listen!
I
think
staff
is
correctly
analyzed
and
correctly
gone
through
the
process
of
delineating.
F
What's
what
type
of
obstructions
are
permitted
and
which
are
not-
and
I
think
it's
quite
clear
that
the
request
is
for
something:
that's
not
permitted,
I'm
in
favor
of
staff's
position,
but
I'd
like
to
hear
from
my
fellow
board
members.
Thank
you.
H
Yeah,
thank
you.
Chair
perry.
I
also
agree
with
the
zoning
administrator.
I
think
the
fact
that
the
ordinance
includes
the
word
heating
infiltration
does
not
fit
with
the
intent
of
the
ordinance
that
includes
air
conditioning
and
ventilation.
It's
obviously
an
ordinance
directed
towards
living
space
and
not
auxiliary
recreational
equipment.
C
Thanks
for
those
comments
board
member
cooper.
J
I
think
that
it
functions
the
same
way
and
not
that
it
makes
the
same
exact
noise,
because
it's
not
the
same
kind
of
machinery
as
hvac,
but
I
think
it's
noise
and
I
think
it's
reasonable
to
expect
noise
when
you
live
in
a
place
such
as
minneapolis.
So
I
I
think
I'm
agreeing
with
the
zoning
administrator
and
I
recommend
a
approving
the
appeal
decision
upholding
the
appeal
decision.
I
think
that's
what
I'm.
C
So
the
zoning
administrator
denied
the
request
that
it
be
akin
to
hvac,
and
so
the
appellant
is
asking
us
to
appeal
that
decision.
So
it
sounds
like
you
are
in
favor
of
the
appellants
position
that
it
is
like
hvac.
D
C
With
that,
I
would
entertain
a
motion.
C
Okay,
is
there
a
second
for
that
motion.
D
C
C
So
with
that,
we've
completed
all
the
items
on
our
agenda
for
this
meeting
and
if
there
isn't
any
objection,
I
will
declare
this
meeting
adjourn.
J
C
So
I
would
defer
to
mr
ellis
on
this.
He
and
I
have
not
had
any
conversations
about
what
the
timetable
is,
but
I
will
defer
to
him
with
details.
I
The
chair
perry
board
member
cooper,
the
we
there
isn't
a
specific
timeline
outlined,
yet
the
clerk's
office
is
always
considering
everything,
as
I
understand
it
now,
it's
still
it's
currently
through
august,
with
more
decisions
to
be
made
as
we
go
forward
as
things
change,
we'll
definitely
keep
the
board
apprised
of
any
situation,
keep
the
public
apprised
of
any
situation,
but
right
now,
there's
just
we're
going
going
to
be
virtual
for
at
least
the
next
two
or
three
hearings
got
it.
Thank
you
or
three
or
four.