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From YouTube: BOA & Plan Commission 09 08 2016
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A
21:02
Oh
to
to
be
6a
through
H
staff,
finds
that
daycare
home
is
a
listed
conditional
use
for
the
r1
single-family
residential
district
for
21
1403
1
&
5,
provided
that
such
facilities
shall
provide
not
less
than
35
square
feet
of
interior
floor
area
and
50
feet
fifty
square
feet
of
outdoor
recreation,
space
for
each
child.
In
addition,
such
facilities
shall
supply
adequate
off-street
parking
or
other
suitable
plan
for
loading
and
unloading
of
children
so
as
not
to
obstruct
public
streets
or
create
other
traffic
safety.
A
Hazard
hazards
applicant
will
regularly
utilize
the
basement
and
main
levels
of
the
2236
square
foot.
Single-Family
dwelling
for
the
daycare
business,
the
property
surpasses
the
minimum
square
footage
of
interior
floor
area
and
fenced
outdoor
recreation.
Space
required
for
12
children
per
city,
ordinance,
21,
40,
no
301
Benson
is
not
registered
with
the
state.
The
applicant
submitted
the
attached
written
request,
site
plan
and
floor
plans
which
are
in
your
agenda
packet,
which
reflect
compliance
or
non-compliance
with
the
following
ordinance
requirements.
A
21
o
202
to
b6
a
through
H
are
specific
rules
governing
individual
conditional
uses.
This
includes
ingress,
egress
of
the
property
off
street
parking
and
loading
screening,
buffering
signage,
exterior
lighting
required
yards
and
open
space
and
general
compatibility
off
street
parking
and
loading.
The
property
has
an
approximately
21
foot,
wide
paved
driveway
parking
area
alley
access,
allowing
for
a
maximum
of
two
legal
off
street
parking
spaces.
A
The
minimum
number
of
legal
sized
and
durable
surfaced
off
street
parking
spaces
required
just
for
the
single-family
dwelling
use
is
to
this
board
may
consider
requiring
additional
compliant
off
street
parking
spaces
as
condition
of
secondary
use
approval
and
to
comply
with
21
1403
one
for
safe
loading
and
unloading
of
children.
It
appears
that
three
legal
off
street
parking
spaces
could
be
counted
if
the
payment
pavement
was
extended
to
include
an
unpaved
three
and
a
half
by
25
foot
area
adjacent
to
the
alley.
A
Approximately
right
here,
applicant
plans
to
fence
the
yard,
this
fall
or
spring
chapter
21
70
is
home
occupations
and
standards.
Benson
has
acknowledged
by
signature,
her
assurance
to
comply.
No
signage
is
proposed
at
this
time:
chapter
21,
63,
off-street
parking
and
loading
requirements
and
engineering
design
standards.
This
is
for
off
street
parking,
and
that
was
detailed
previously
that
when
I
was
talking
about
the
off
street
parking
and
loading
chapter,
21
65
is
outside
storage
and
display
requirements
for
specific
uses.
A
Her
outside
storage
will
be
typical
to
the
average
single-family
dwelling
in
chapter
21,
73,
landscape
and
lighting
standards.
Her
Boulevard
and
infrastructure
are
compliant.
This
board
must
determine
if
the
request
shows
satisfy
satisfactory
provision
and
arrangement
concerning
chapter
20,
170,
home
occupations
and
standards,
2100
202
to
b6
a
through
H,
which
is
specifically
rules
governing
individual
conditional
uses
in
chapters
21,
63,
65
and
73.
If
endorsed,
this
board
may
consider
imposing
any
conditions
of
approval
deemed
necessary
for
this
secondary
use.
B
Thank
you,
I
want
to
correct
a
statement.
I
said
I
said
the
majority
is
for
the
majority
in
the
Board
of
Adjustment
requires
a
two-thirds
majority
vote.
We
have
seven
members,
so
that
would
be
five.
So
in
this
case
it
is
a
unanimous
vote.
That's
needed
to
pass
the
variance,
Oh
that'll
open
the
public
hearing.
If
anyone's
here
to
speak
on
behalf
or
against
the
use.
A
B
A
A
B
B
D
D
D
B
Was
in
their
sight,
I
assume
that
would
be
included
in
the
motion
yeah.
Well,
let
them
know
that
any
other
discussion
that
will
vote
on
favor,
say
aye
aye
opposed
motion
carries
second
item
on
the
agenda.
Is
the
applicant
Shelley
Peter
seeks
conditional
use
to
operate
a
home-based
hair
salon
business
from
a
single-family
dwelling
in
1706,
Washington
Drive.
A
A
And
basically,
it
shows
the
floorplan
here
also,
what
will
be
used
for
the
business
applicant
seeks
approval
to
operate
a
hair
salon
business
from
her
single-family
dwelling
to
be
located
in
the
r2
single-family
attached,
a
residential
district
421
1603
one
and
twenty
one
1403
five
contingent
upon
compliance
with
21700,
one
home
occupations.
Twenty-One
seven
double
O,
two
home
occupation
standards
and
specific
rules
governing
individual
conditional
uses,
including,
but
not
limited
to
2100
202
to
b6
a
through
H.
A
Again
note
that
this
house
is
not
yet
constructed.
Staff
finds
that
home
occupations
is
a
listed
conditional
use
for
the
r2
single-family
attached
to
residential
district
421
1603,
one
which
is
in
any
conditional
use
listed
in
the
AR
one
district
and
twenty-one
1403
five
home
occupations
in
accordance
with
chapter
21.
Seventy
application
submitted
applicant
submitted
the
attached
floor
plans
in
site
plan
which
reflect
or
do
not
reflect
the
following
requirements
of
the
ordinance
and
when
I
say
attached,
I
mean
in
your
agenda
packet.
A
Of
course,
2100
202
to
b6
through
a
through
H
is
again
specific
rules
governing
individual
conditional
uses,
and
this
includes
ingress
egress
to
the
property
off
street
parking
and
loading
screening,
buffering
signage,
exterior
lighting
required
yards
and
open
space
and
general
compatibility.
Any
of
those
that
would
apply
for
the
secondary
use.
A
You
have
in
your
packets
again
the
site
plan
and
written
a
request.
According
to
chapter
20
was
2170
home
occupations
and
standards.
Piper
has
acknowledged
by
signature,
her
assurance
to
comply.
She
proposes
to
utilize
less
than
25
percent,
approximately
434
square
feet
of
her
2007
and
778
square
foot
house
for
the
business
and
no
signage
is
proposed
at
this
time.
A
Chapter
21,
63,
off-street
parking
and
loading
requirements
and
engineering
design
standards
dimensions
were
not
provided
on
the
site
plan,
but
it
appears
that
sufficient
area
exists
for
three
legal
off
street
parking
spaces
at
least
chapter
20,
165,
outside
storage
and
display
requirements
for
specific
uses.
This
there
was
nothing
in
her
written
request
or
site
plan
that
shows
anything.
A
That's
not
typical
to
the
average
single-family
dwelling
outside
storage
was
not
indicated
in
the
application
chapter,
21,
73,
Lansky,
landscape
and
lighting
standards-
that
nothing
is
shown
on
the
on
the
site
plan
as
far
as
Boulevard
and
infrastructure
requirements,
but
they
will
be
fulfilled
with
the
building
permit
that
she
gets
for
the
house.
This
board
must
determine
if
the
request
shows
satisfactory
provision
and
arrangement
concerning
chapter
20,
170,
home
occupations
and
standards,
2100
202,
specific
rules
governing
individual
commute
conditional
uses
in
chapters
21,
63,
65
and
73,
as
described
previously.
B
A
C
B
E
Several
things
that
didn't
get
checked
and
I'm.
You
know
she
said
she's
going
to
do
them
so,
but
we've
kind
of
been
in
one
of
those
deals
before
bird
somebody
says:
they're
gonna
get
them
done
and
I'm
not
questioning
the
Pipers
here,
I'm
sure
their
intentions
are
great,
but
there
are
quite
a
few
things
and
I
wondered
if
he
should
say
buy
the.
A
B
One
thing,
too,
is
on
a
conditional
use
how
that
works
is
they're
allowed
they're
allowed
to
operate
this
based
on
the
conditions
that
we
approved,
we're
actually
the
body
that
pulls
that
conditional
use
from
them,
so
that
it
would
be
something
that
if
we
go
back
and
find
out
that
they're
not
meeting,
they
don't
put
their
fence
up
or
there's
more
kids
than
they
they
said,
or
they
were
in
a
license
with
the
state
and
they
were
unlicensed,
we're
the
one
that
actually
initiates
the
withdraw
of
that
condition.
So
right,
I.
A
B
C
C
B
A
motion
by
mr.
Stromberg,
a
second
by
mr.
Albertson,
all
in
favor,
say
aye
opposed
motion,
carries
item
number
five
is
interlakes.
Community
Action
Partnership
permit
number
one:
six,
nine,
seven,
six
seeking
a
condition:
I
used
to
operate
a
preschool
daycare
at
13,
23,
ninth
Avenue
Southwest
and
the
C
3
highway
commercial
zone,
I.
A
Okay,
applicant
seeks
conditional
use
approval
to
operate
a
preschool
daycare
facility
in
a
c3
Highway
commercial
district
for
2021
2803
11
daycare
facility
non-residential
and
/
2120
803
19
other
uses
contingent
upon
compliance
with
purpose
of
the
c3
zone,
which
is
2120
801
and
specific
rules
governing
individual
conditional
uses,
including,
but
not
limited
to
21:02
o2
to
be
680
through
H
additional.
Additionally,
application
was
submitted
requesting
to
construct
a
compliant
2045
square
foot.
A
Addition
onto
the
existing
9,500,
square-foot
non-conforming
commercial
building,
said
non-conforming
primary
structure
sets
as
close
as
15
feet
from
the
front
or
west
property
line
where
a
minimum
40
foot
setback
is
required.
The
addition
is
proposed
to
be
constructed
approximately
71
feet
from
the
West
property
line,
where
a
minimum
40
foot
setback
is
required.
A
Application
was
denied
because
of
the
following
ordinance
regulation,
which
is
2100
302
prohibiting
the
alteration
and/or
enlargement
of
non-conforming
structures.
Staff
finds
that
daycare
facility
non-residential
is
a
listed
conditional
use
for
the
c3
Highway
commercial
district
for
toning
120,
803
11,
and
the
applicant
proposes
that
preschool
may
also
be
permitted
per
2008
2120
803
19,
which
states
that
other
uses
which,
in
the
opinion
of
the
Board
of
Adjustment,
are
of
the
same
general
character
as
those
numerated
in
the
c3
district
may
be
allowed.
A
Applicants
submitted
the
attached
floor
plan
and
site
plan
again
in
your
in
your
agenda,
packets,
which
reflects
or
does
not
reflect
the
following
requirements
of
the
ordinance
21:02
o2
to
b6
A
through
H.
Again
we're
dealing
with
specific
rules
governing
individual
conditional
uses,
which
is
you
know,
ingress
egress
of
the
property
screening
buffering
signage,
exterior
lighting
utilities.
A
Screening,
if
needed,
you
have
in
your
packets,
the
site
plan
which
reflects
or
does
not
reflect
these
items
chapter
twenty
one.
Sixty
three
is
off
street
parking
and
loading
requirements
and
engineering
design
standards
again
refer
to
your
site
plan.
The
concrete
parking
lot
exists
and
there
are
some
parking
space
issues
if
you
will
in
that
they
are
shorter
than
what
is
now
required,
but
not
by
much.
The
applicant
proposes
to
close
the
Northwest
access
point,
and
this
creates
a
dead-end
situation.
That's
right
here
again
on
your
site
plan.
A
A
Chapter
twenty
one:
sixty
five
outside
storage
and
display
requirements
for
specific
use
uses
outside
storage
was
not
indicated
on
the
application,
not
in
the
written
part,
and
it
doesn't
show
any
extra
storage
of
any
unusual
things
on
the
site
plan
to
a
chapter,
twenty
one.
Seventy
three
landscape
and
lighting
standards.
The
site
plan
does
not
show
Boulevard
requirements
as
needed
in
this
area.
Typically
does
not
have
compliance
with
that.
A
The
applicant
has
not
requested
variances
from
these
Boulevard
requirements,
and
this
board
must
determine
if
satisfactory
provision
has
been
made
concerning
2102
o2
to
b6
A
through
H
in
chapters
21
63,
65
and
73.
This
parcel
lacks
standard,
Boulevard
and
infrastructure
requirements,
the
trees,
the
sidewalk,
the
trail
from
which
the
applicant
has
not
requested
variants
again.
A
B
Thank
you
with
that
I'll
open
the
public
hearing,
if
anyone's
here,
to
speak
on
behalf
or
against
the
condition,
I'll
use
Jill,
it's
a
two-part,
it's
a
two-part
process
here,
first
part
is
a
conditional
use
for
the
use,
a
daycare
facilities.
Non
residential
are
not
allowed
in
the
c
3
or
not
or
not,
a
permitted
use
in
the
c
3
highway
commercial
district,
their
conditional
use,
the
second
half
of
it
is
a
variance
to
to
build
on
to
a
non
compliance
structure.
Correct.
Yes,.
A
Basically,
first,
actually,
a
preschool
is
not
clearly
defined
as
a
conditional
use.
The
daycare
non-residential
type
is
so
you'll
have
to
find
that
preschool
also
is
alright
and
in
harmony
with
the
purpose
of
the
c
3
district,
and
then
yes,
the
the
addition.
That
is
the
only
reason
why
it's
it's
that
part
is
here
before
you
is
because
the
primary
structure
is
non-conforming
and
they're
enlarging
it,
but
the
addition
itself
is
compliant.
B
G
There
Arleen
Wareheim,
I'm
the
deputy
director
of
interlakes
Community
Action,
and
we
are
looking
at
purchasing
this
building
to
move
our
80
children
that
are
in
Head
Start
there.
We
have
been
in
the
grant
school
and
that's
being
demolished
now
so
this
year
we're
allowed
to
be
at
the
Garfield
school.
After
that
we
have
no
place.
We
have
to
either
find
a
place
or
not
serve
80
children
in
Watertown.
So
that's
why
this
is
the
building
we've
been
working
with
there
they're
trying
to
find
it's
the
only
one.
G
H
Mr.
Chairman
I
would
like
to
say
a
quick
word
if
I
might
I
like
the
idea.
I
think
it's
great
where
it's
at
my
only
concern
is
like
what
we
ran
into
and
the
barbecue
joint
came
out
there
that
now
you
put
a
school
and
a
new
facility
wants
to
come
in
I
like
that.
That
hats
has
a
beer
license
or
something
they
would
be
denied.
Can
you
put
in
that?
If
you
okay,
can
you
put
in
that
being
at
c3
that
it
would
not
have
that
regulation
of
that
distance?
Didn't.
B
We
when
we
went
through
this
last
time,
we
actually
changed
the
ordinance
I
thought
we
changed.
The
ordinance
on
this
to
two
parts
of
it
was
when
we
had
a
day
care
preschool
across
from
a
liquor
establishment.
The
the
discussion
was
is
and
I
think
it
ended
up
that
you're,
not
a
school,
so
it
didn't
apply
in
the
end
on
that.
One
and
the
daycare
facility
wanted
to
say
that
they
were
a
school,
yet
they
truly
weren't
a
school
and
then.
H
I
B
So
the
300-foot
radius
doesn't
apply
in
the
c1
and
the
c3
we've
run
into
that
a
couple
of
times
and-
and
we
don't
want
to-
we
don't
want
to
handcuff
business-
that's
designed
in
that,
and
we
also
don't
want
to
handcuff
a
school
from
going
into
that
same
jurisdiction,
all
right,
yeah.
Any
other
question
nice
use
for
that
building
out
there
I
didn't
realize
you
had
that
many
kids,
where
you
were
out
in
headstart.
G
G
B
And
sophomore
year
of
preschool
all
right,
any
other
questions
before
I
close
the
open
anyone
else
to
speak
on
behalf
or
against
the
use
that
I'll
close.
The
public
hearing
ask
for
a
motion
in
a
second
for
discussion
motion
by
mr.
Albertsons,
second
by
mr.
stone
burger
any
other
discussion.
Any
concerns
that
look
like
to
me
that
they've
got
that
approach.
It
looks
like
they've
got
the
outside
play
areas
under
control
and
it
looks
like
it's
gonna
be
every
bit
as
good,
if
not
better
than
where
you
are
now
very.
B
I
it
all
right
you
with
no
further
discussion.
Last
for
a
vote.
All
in
favor,
say:
aye
opposed
motion
carries
item
number
6,
Edward,
Canasta
and
businesses.
Ron
saw
shop
from
that
number
one.
Six,
nine
seven
five
is
appealing
the
terms
of
the
zoning
ordinance
seeking
a
relief
for
the
requirements
in
regard
to
us
to
a
non-conforming
building
and
at
one
nine
seven,
tenth
Street,
Northwest
and
Watertown.
A
Application
was
submitted
requesting
to
construct
a
non-conforming
4,000
square
foot
commercial
building.
With
an
eight
hundred
and
forty
seven
point,
five
square
foot
upper
level
on
a
substandard
15,000
square
foot
parcel
located
in
the
c3
highway
commercial
district
said,
structure
is
proposed
to
be
constructed,
ten
feet
from
the
side
or
north
property
line,
where
a
minimum
20
feet
is
required
and
11
end
with
11
off
street
parking
spaces,
which
are
proposed
to
be
positioned,
0
feet
from
this
from
the
side
or
south
property
line,
where
a
minimum
5
foots
5
foot
setback
is
required.
A
Application
was
denied
based
on
the
following
ordinance
regulation
regulations.
2100
302
prohibits
the
design
and
creation
of
non-conforming
structures
on
non-conforming
Lots
21
1003
is
the
non-residential
height
and
placement
regulations
which
I
described
before
chapter
21,
60
all
required
yards
and
setbacks
shall
be
open,
knock
you
pied
space
and
no
adjacent
open
space
shall
be
used
to
satisfy
any
yard
or
setback
required
for
any
other
structure
and
no
yard
setback
shall
be
reduced
in
dimension
below
the
minimum
requirement
set
forth
in
the
district
in
which
such
yard
or
lot
is
located
in
chapter
21.
A
1663
off
street
parking
and
loading
requirements,
staff
finds
that
this
is
a
redevelopment
project.
The
existing
structure
is
to
be
raised
and
the
proposed
commercial
building
will
continue
to
be
used
for
retail
sales
and
service
which
are
permitted
uses
in
the
c3
Highway
commercial
district,
additional
to
the
redevelopment
of
the
non-conforming
property.
With
a
non-conforming
structure,
the
proposed
parking
lot
layout
does
not
meet
minimum
requirements
per
2160,
302
off
street
parking,
design
and
maintenance
number
one.
Minimum
parking
setbacks
from
property
lines
and
buildings
shall
be
5
feet
for
commercial
or
industrial
uses
number
2.
A
All
parking
areas
shall
be
surfaced
with
a
durable
all
weather
service.
Surface
material
I
believe
that
that
will
be
fulfilled
number
4
parking
lots
shall
be
in
accordance
with
engineering
design
standards
bullet
points.
There
say
explained
that,
according
to
the
proposed
parking
lot
layout,
there
is
only
ingress
and
egress
or
entrance.
Excuse
me
only
ingress
entrance
from
10th,
Street,
West
and
egress
or
exit
traffic
is
routed
out
through
the
alley.
A
2.3
foot,
bumper
overhang
is
not
provided
for
the
62-degree
parking
spaces
on
the
south
side
and
for
90-degree
parking
spaces.
A
A
Ok,
these
items
required
per
2170
304
are
not
shown
on
the
site
plan
or
addressed
in
the
record,
the
written
request,
and
that
is
parking
lot,
lighting
outside
dumpsters
or
other
garbage
receptacles
on
the
site
and
that's
supposed
to
be
screened
by
an
opaque
wall
according
to
ordinance.
And
then
there
is
sufficient
buildable
area,
approximately
4800
800
square
feet
on
this
15,000
square
foot
parcel
to
develop
without
variances
note.
The
applicant
is
not
requesting
variances
from
landscape
and
infrastructure
requirements
which
were
not
shown
on
the
submitted
site
plan,
unless
otherwise
determined
by
this
board.
A
C
A
A
J
Eddie
Kangas
with
Ron
saw
shop
and
on
that
North
Side
we
had
been
hoping
to
move
the
building
that
way
to
make
room
for
parking
on
the
south
side.
On
the
north
side,
I
have
talked
to
Pizza
Ranch
and
we
have
agreed
on
as
far
as
pass
through
traffic
and
during
his
busy
times
as
far
as
parking
in
that
area,
we
have
agreed
that
we
can
work
that
out
whether
we
need
to
stripe
it
or
not.
J
J
K
J
B
Parking
is
insufficient
and
lengths
on
the
north
side.
We
push
the
building
further
south
in
the
the
parking
we
still
don't
have
that
5-foot
overhang
on
the
north
side,
so
the
parking
is
just
barely
enough
without
that
five-foot
overhang
and
were
still
pushing
the
building
to
the
south.
You
know
the
problem
with
it
is:
were
just
5,000
square
feet
short
of
building
space.
On
that
lot,
it's
a
15,000
square
foot
alot,
so
we're
kind
of
handcuffed
a
little
bit
by
the
existing
lot
size.
J
J
J
J
B
B
Seeing
none
I'll
close
the
public
hearing
ask
for
a
motion,
a
second
for
further
discussion
by
mr.
stone
Berger
second
by
mr.
Albertson.
Any
other
discussion
on
it
looks
like
to
me:
he's
tried
to
try
to
improve
the
property
a
little
bit
and
it's
a
minimum
I
mean
I,
understand,
there's
a
building
size,
a
person
wants,
but
it
you
know
we're
squeezing
a
little
parking
here,
a
little
parking
there,
but
it
looks
like
it's
something
that
would
work
for
him
right.
J
K
And
this,
this
variance
is
all
conditional
upon
the
existing
building
being
raised
and
below
new
Bell,
and
that
is
to
say
that
the
applicant
would
not
be
allowed
to
pick
and
choose.
You
know,
for
example,
the
parking
part
of
it,
but
not
replace
the
building.
It's
all.
It's
all
predicated
on
the
building
being
raised
and
a
new
structure
being
built
to.
B
N
And
so
just
the
facts
about
it.
The
stretch
of
the
alley
is
approximately
50
foot
long
and
10
foot
wide,
and
then
we
I
handed
out
the
amended
resolution
that
we
will
not
be
holding
a
utility
easement
over
the
entirety.
It
will
actually
be
no
utility
he's
meant
so
it'll
be
granted
vacated
fully.
Thank.
B
M
B
B
B
M
M
We
are
looking
to
expand.
Our
building
footprint
are
not
our
building
footprint,
but
our
footprint
of
our
business
Harry's
inside
we're
looking
to
put
patio
space
on
the
exterior
of
the
building,
which
we
would
like
five
more
feet
of
the
alley
we
can.
We
can
put
the
patio
on
either
way,
but
a
useless
alley,
that's
not
being
maintained
by
anyone
at
this
point.
If.
M
M
O
M
Half
the
businesses
downtown
Watertown
brew
company,
you
look
at
shooters,
they
have
no
off
street
parking.
You
look
at
docks.
They
have
none
of
their
own
off
street
parking.
You
look
at
sparkies.
They
have
none
of
their
own
off
street
parking,
so
the
vacation
of
this
alyc
does
not,
in
my
opinion,
reflect
parking.
That's.
B
Good
at
parking
the
nature
of
the
c1
beast
down
there,
you,
the
pros
and
cons
of
it.
You
know
see
once
an
area
where
we
can
actually
live
above
a
commercial
business.
It's
the
only
zone
we
allow
that
in
which
makes
the
least
sense
of
all
the
zones
to
allow
people
to
live
above
bars
and
old
in
old
buildings,
but
yeah.
That's.
P
B
B
F
B
N
M
And
I
have
told
my
staff,
just
like
I,
have
told
everybody
that
parks
there,
that
you
know
if
you're
parking
on
someone
else's
property,
you're
gonna
get
towed.
I
mean
it's
just
the
same
thing
as
we
have
apartment
complexes
that
we
you
can't
park
you
just
can't
park.
There,
I
mean
it's
private
property.
M
K
N
B
Know
I
want
to
own
a
stop
one
time
here,
quick,
we're
the
we're
the
plan
Commission.
We
take
a
look
at
land
and
how
it's
being
used
and
how
it
should
be
used.
There's
other
departments
in
the
city
that
take
care
of
other
disputes
that
are
going
on
when
it
comes
to
whose
parking,
where
how
their
parking,
what
what
tenant
or
what
what
customers
are
going
coming
and
going.
That's
none
of
our
business.
B
Our
our
business
is
to
look
at
the
dirt
and
look
at
the
land
and
look
at
the
land
use
and
we
have
a.
We
have
a
request
to
vacate
some
land.
That's
been
explained
to
us
that
it
there
are
need
no
utility
easements
and
no
public
use
of
that
land.
So
I
don't
want
to
get
into
a
neighborhood
I'm,
not
here
to
to
referee
a
neighborhood
match.
We
have
other
departments
in
our
city
that
you
paid
way
more
than
we
do.
Q
Manage
the
high-rise
apartment
I'm
with
Watertown
housing
authority
and
I,
we
agreed
to
the
vacation
to
gain
them
by
feet.
Our
concern
has
been,
and
still
always
is
that
we
have
60
residential
units
right
next
to
this
property.
That's
asking
for
the
vacation
of
which
28
of
them
are
going
to
be
facing
this
deck
area
where
he
is
planning
and
or
this
area
is
going
to
be
vacated
and
he's
planning
on
putting
a
deck
there.
Q
Our
concern
is
the
noise
and
the
second
storey
of
the
deck
that
he
plans
on
building
and
we
as
a
board.
My
board
did
meet
with
mr.
Lawrence
I
had
two
board
members
who
met
with
him
and
they
had
a
conversation
and
they
tried
to
reach
a
compromise
and
with
some
different
things
that
we
were
asking
for,
and
there
was
no
compromise.
So
basically,
my
board
agreed
and
just
in
August
to
do
the
vacation
for
that
five
feet.
Q
Privacy
screen
I,
don't
know
if
you
guys
could
put
that
as
part
of
the
variance
or
vacation
I,
don't
know,
but
that's
bad
our
concern.
We
have
28
residents
who
actually
face
the
back
of
our
building.
That
will
actually
face
this
patio
and
the
second-story
apartments
are
exactly
level
with
his
second-story
deck,
so
they
will
be
looking
right
into
those
second-story
apartments.
Thank.
B
F
B
What
are
you
saying
is
that
the
Hat
we're
wearing
here
we're
just
on
a
zoning
side.
The
Hat
we
just
finished
with
is
the
Board
of
Adjustment,
where
we
issue
conditional
uses
and
in
beer
wine
license
is
a
conditional
use
so
that
property
does
have
a
conditional
use
that
basically
said
when
they
came
to
that
board
to
have
that
use
in
that.
If
that
address,
we
said
yes,
you
can
do
it
under
these
conditions.
If
those
conditions
change,
they'll
need
to
come
back
before
us
and
that's
where
we
would
address
that.
Q
B
B
B
B
G
B
A
If
there's
a
conditional
use,
that's
been
granted
in
the
past
and
there's
there's
it.
There
are
issues.
This
board
has
the
right
to
revisit
and
and
adjust
their
conditions
and,
for
instance,
a
trigger
can
be
having
to
have
a
permit
for
the
deck,
and
that
actually
is
a
change
in
site
plan.
So
the
building
official
could
have
the
Board
of
Adjustment
would.
B
Think
it
would
review
that
I
would
think
it
would,
because
it's
a
change
in
the
footprint
in
the
building.
If
Kenny
was
here,
he
could
tell
us
directly,
but
that's
that's
the
Board
of
Adjustment
side
and
like
we
said
if
the
conditions
that
we
approved
to
allow
that
business
to
operate
there,
if
they're,
not
abiding
by
those
conditions,
then
the
Board
of
Adjustment
is
the
one
that
revisits
that
with
them
and
talks
about
the
conditions
that
they
agreed
to
and
what
they're
at
what's
actually
happening
on
the
site.
B
B
P
P
It
now
in
July
the
Board
met
and
we
passed
a
motion
to
vacate
the
alley
with
stipulations
we
did
meet
with
mr.
Lawrence.
We
could
agree
on
most
things,
but
we
didn't
come
to
a
complete
agreement,
so
the
board
came
back
in
August
and
we
passed
a
motion
to
vacate
the
alley.
We'll
take
our
five
feet.
Mr.
Lawrence
can
have
his
five
feet
and
that's
where
we're
at
let's
clean
up
this
no-man's
land
and
take
care
of
it.
P
B
Okay,
thank
you
any
other
questions.
Anyone
else
for
the
open
that
I'll
close
the
open
ask
for
a
motion
in
a
second
for
discussion
motion
by
mr.
Stein
sacrifi
mr.
stone
burger
from
a
from
a
discussion.
Standpoint
I
think
we're
still
talking
about
the
vacation.
I.
Think
everybody's
okay
with
the
vacation
there's
some
questions
that
the
neighbors
have
as
far
as
usage
goes
in
there
and
I'll
talk
to
Kenny,
specifically
on
it
to
find
out
how
those
steps
work.
So
you
guys
don't
feel
like
a
this.
B
L
N
Petitioners,
Michael
and
Tammy
Stephens
request
to
vacate
their
remaining
road
adjacent
to
Lots
three
and
four
in
Marina
Bay
subdivision.
This
petition
is
being
submitted
because
the
public
right-of-way
is
a
dead
end
without
an
additional
outlet.
The
owner
of
the
two
adjacent
Lots
would
like
to
limit
access
to
public
use
and
utilize
the
existing
Road
as
driveway
and
further
use
property
for
future
garage.
This
stretch
of
the
road
is
approximately
173
foot,
long
and
40
foot
wide
and
the
adjacent
land
of
road
proposed
to
be
vacated
as
all
owned
by
Michael
and
Tammy
Stevens.
B
L
O
Be
here
today,
their
request
is
to
vacate
the
portion
that
is
highlighted
in
red
there,
those
two
Lots
they
just
purchased
with
the
idea
that
they
will
be
building
there
year-round
home
there
at
some
point
in
the
not-too-distant
future,
but
wanted
to
vacate
that
road.
So
that,
like
like,
she
said
they
could
use
for
for
private,
driveway
and
and
access.
They
have
had
conversation
with
municipal
utilities
department
as
far
as
utilities
and
the
fire
hydrant,
and
all
of
that
that's
in
there
and
I
think
that
we
have
gotten
agreement.
I
know
that
mr.
O
B
F
I
think
what
we
would
do
is
ask
that
one
of
the
conditions
of
the
vacation
be
that
they
provide
some
type
of
turnaround,
maybe
an
extra
driveway
parallel
to
the
property
line.
That's
goes
towards
the
lake
to
allow
garbage
trucks
and
snowplows
and
so
forth
to
turn
around
in
there
and
get
reoriented
going
back.
F
The
opposite
way
out
of
the
thing
that
would
be
one
option
that
would
that
we've
considered
and
just
a
point
of
that's
been
brought
to
my
attention
that
should
be
said
is
technically
the
end
of
this
right-of-way
has
been
deemed
a
public.
Access
to
the
lake
has
not
been
improved
as
such,
so
there
is
no
official
boat
ramp.
You
know,
there's
been
a
dock
out
there
on
the
marina
bay
side.
F
I,
don't
know
if
that's
public
or
or
not,
but
public
can
certainly
dock
alongside
that
right
away
at
this
point
in
time
and
just
disembark,
but
there's
no
parking
lot.
There's
it's
not
I've
developed
access,
and
my
answer
to
that
is.
There
is
just
literally
a
couple
hundred
yards
south
of
this
location,
a
developed
boat
ramp
and
then
there's
another
one
at
Memorial
Park.
F
Just
to
the
north
of
this
property,
so
I
did
want
to
make
that
point
that
it's
technically
a
public
access,
but
it's
not
one,
that's
been
developed,
it's
not
been
highly
used
and
we
have
to
adequate
public
Cramps
on
either
side
of
this
location.
So
that's
not
a
major
concern
of
ours
and
then
with
that,
if
we
can
accommodate
the
turnaround
for
the
municipal
vehicles
for
the
garbage
collection
and
the
snow,
plow
I
think
we
can
come
to
grips
with
that.
F
R
R
S
A
turnaround
our
motor
graders
with
equipment,
stuff
you'd,
be
approaching
30
foot
in
length,
I
think
the
garbage
trucks
would
be
the
the
vehicles
that
would
be
the
hardest
to
turn
around.
Just
for
the
fact
they
don't
have
tight
turning
radiuses
the
motor
graders
articulate.
So
we
can
turn
on
a
tighter.
You
know
tighter
area,
but
you
know
until
we
would
actually
do
some
research.
I
can't
tell
you
how
long
how
deep
that
would
need
to
be,
but.
H
F
What
one
way
to
maybe
do
that
would
be
obtain
an
easement
across
that
north
property
line
for
a
certain
width
and
distance
back
either
that
or
have
them
provide
it
for
us
separately.
But
that's
it
is
an
issue
that
needs
to
be
worked
out.
We
don't
have
any
specifics
at
this
time,
but
that
so,
in
other
words,
if
the
north
30
feet
say
of
the
property,
was
any
ingress
egress
easement
for
public
to
turn
around
on,
then
we
would
improve
it
so
that
they
could
pull
in
far
enough.
F
I
You
know
thinking
about
this,
you
think
about.
You
know
the
fact
that
this
resolution
would
be
the
basis
for
the
easement.
Then
you'd
have
to
ask
yourself
well
what
is
proof
of
abandonment
of
that
easement
and
that
can
be
shown
by
actions.
Deeds
what-have-you,
but
ultimately,
if
it's
anything
but
the
document
or
any
other
document
akin
to
it
that
established
these
meant
you're
gonna
have
to
go
to
court
to
ultimately
settle
it
or
have
some
sort
of
understanding
amongst
the
parties,
the
grantor
and
the
grantee
of
the
easement
that
it
has
been
abandoned.
I
I
D
P
D
C
F
C
C
F
O
The
lot
a
lot
a
lot.
Actually,
if
you
look
at
that,
I
mean
the
lot
of
the
lake
is
washed
away
to
the
corner.
That
lot.
That
thing
is
gone.
Bared
that
pin
right
there
that
Shayne's
point
that
if
that
pin
has
been
washed
away
at
you
know
dolphin,
and
that
channel
was
was
added
in
there
years
and
years
and
years
ago.
O
O
Is
maybe
18
to
20
feet,
wide,
gravel
and
and
had
conversation
with
the
PD
and
and
the
PD
is
to
to
chase
kids
out
of
there,
but
they
haven't
had
that
problem
for
years,
because
they've
gotten
that
they've
gotten
that
taken
care
of
they've
gotten
that
nipped
in
there.
So
you
know
the
lot.
Is
there
that
road
that
gravel
road
is
there?
And
you
know
so
that
there
would
have
been
access
to
that
secondary
lot?
The
very
south
lock,
because
it's
two
lines,
so
the
north
lot
is
lot
three.
O
F
O
O
B
B
B
F
L
B
C
I
just
think
the
public
ought
to
be
informed
of
what
we're
doing
so.
They
can
come
in
and
give
public
comment
to
our
meeting
here,
because
right
now,
no
one
was
notified
that
we're
gonna
cause
an
access
to
the
lake
and
now
I
didn't
realize
was
a
public
access,
the
lake.
But
if
it
is,
then
that's
a
whole
different
ballgame
as
far
as
I'm
concerned
and.
E
Just
as
a
point
of
conversation
about
two
miles,
I'm,
not
sure
if
it's
north
or
of
where
this
one
is,
there's
a
public
access
that
a
fella
wanted
three
feet
from.
You
know
for
a
variance
and
the
City
Council
is
saying
no
not
going
to
give
it
to
him.
He's
got
to
take
his
newly
wall,
he'd
built
the
wall
and
for
three
feet,
and
it
was
on
a
public
access.
So
John
may
not
be
too
far
off
on
that's
city,
that's
the
city,
and
they
thought
that
the
property
was
right
here.
L
E
M
F
N
B
F
Little
lake
shore,
let's
simplify
this
a
little
bit
I-
think
I
can
if
this
goes
forward
out
of
here,
it
needs
about
ratification
by
the
council.
We've
already
got
the
next
public
hearing
we'll
be
at
the
City
Council
meeting
we're
sent
out
or
we've
prepared
to
launch
those
notices
for
that
public
hearing
right
now
so
on,
September
19th
would
be
a
public
hearing
carrying
this
forward
for
final
vote.
F
M
F
The
notification
dates,
but
we
can
rescind
those
I
mean
that
it's
all
based
on
what
action
comes
out
of
this
meeting
tonight
so,
but
we
are
prepared
to
have
a
public
hearing
at
the
council
meeting
after
this.
So
I
don't
know
that
that
answers
your
questions
and
concerns
John,
but
it
does
give
the
public
one
more
opportunity
to
weigh
on
on
this
process.
C
F
C
F
C
O
B
Generally
triggers
that
development
loud
agreement
is,
if
you
look
at
those
Lots
a
lot
lines.
If
there
are
two
separate
Lots
there,
buildings
still
have
to
comply
with
the
setbacks
from
those
lot
lines,
even
though
they
own
both
Lots.
So
in
more
cases
than
not
they're
gonna
come
in
and
say,
I'm
going
to
put
my
house
here
and
I
want
to
put
a
detached
building
here.
Well,
one
of
them
is
going
to
require
a
variance
and
they'll
tell
normally.
The
building
department
will
go
in
and
say
in
the
past.
L
Q
O
Do
the
turnaround
or
an
area
for
utilities
and
for
snow
and
all
of
that?
Obviously
that's
going
to
shrink
up
that
north
section
of
that
buildable
footprint.
That's
in
there
with
the
new
easement,
so
I
mean
that
wasn't
they
didn't
want
to
do
that.
I
mean
they.
They
wanted
to
get
the
robe
a
cave
at
first
then
they
then
they
dress
the
the
easement
request
for
utilities
and
emergency
services
vehicles.
Then
they
would
address
the
vacation
of
the
utilities.
O
I
Chairman
can
I
ask
a
question
you
bet.
Thank
you,
sir.
This
question
relates
to
the
legal
sufficiency
of
the
petition
and
just
by
way
of
background,
even
though
it
isn't
provided
in
statute.
Our
case
law
in
the
state
of
South
Dakota
has
placed
a
restriction
on
vacations
and
that
restriction
is
that
the
vacation
cannot
be
for
purely
private
purposes,
and
so
I
was
wondering
if
someone
might
be
able
to
speak
to
the
public
purpose
served
by
the
vacation,
be
it
for
the
public
welfare
I
notice
in
the
petition.
I
There's
reference
to
it,
closing
off
a
dead-end
street,
and
if
there
could
be
any
mention
of
exactly
you
know
how
that
vacation
would
serve
the
public
purpose,
or
you
know
how
this
vacation
serves
public
welfare,
public
safety.
Any
of
those
concerns
that
would
be
greatly
appreciated
because,
as
South
Dakota
Supreme
Court
has
said,
you
know
that
has
to
be
the
rationale
employed
in
in
making
a
vacation
could.
B
You
argue
that
by
leaving
that
road
there,
the
city's
taking
its
time
and
effort
to
plow
roads
that
don't
need
to
be
plowed
and
secondly,
just
the
the
overall
safety
of
the
city
employees
when
they're
down
there
turning
around
in
an
area.
That's
at
the
end
of
a
lake.
That's
next
down
I
mean
because
we're
you
know
we
look
and
go
well.
We
could
either
plow
right
to
the
edge
there
and
be
done
or
we're.
Gonna
have
to
go
down
and
plow
another
200
feet
every
time
it
snows.
Plus.
We
have
to
maintain
that
road.
O
F
So
really
there
isn't
adequate
right-of-way
there
to
do
a
full-fledged
road
to
what
we
would
normally
hold
as
a
city
standard
either.
I
just
want
to
make
that
point
that
for
us
to
maintain
that,
regardless
of
where
the
roadway
ends,
if
if
the
roadway
ends
here,
where
they're
proposing
or
whether
it
ends
down
here,
we
have
the
same
challenge
to
turn
around
our
equipment,
regardless
of
location.
So
from
that
standpoint
we're
on
equal
footing
with
it
with
or
without
a
vacation.
F
O
B
F
That's
owned
by
the
city
thing:
what
if
we
were
at
high
water,
ordinary
high
water,
wherever
the
water's
edges
is
where
the
rights
of
the
city
and
of
any
property
adjacent
to
that
ends
and
the
state
jurisdiction
takes
over.
So
this
has
happens
to
be
in
a
photo.
That's
probably
a
little
bit
in
a
lower
water
condition.
I
would
dare
say
that
the
water
and
when
it's
full,
would
essentially
come
up
to
about
the
end
of
this,
and
you
wouldn't
see
this
little
sandbar
right
here,
but
I
mean
that's
I.
F
B
Right
now
we're
turning
our
proper
equipment
around
on
private
property
without
an
easement
correct,
whereas
if
we
vacate
this
will
actually
have
built
an
easement
for
our
property
to
turn
around
on,
which
makes
us
a
little
more
legal
one
thought
one
one
advantage
to
the
city
to
vacate.
It
is
we're
gonna
we're
going
to
develop
an
easement
that
we
currently
don't
have
correct.
B
That
I'll
close
the
public
hearing
ask
for
motion
in
a
second
for
discussion.
Motion
by
mr.
McGuire
I
have
a
second
second
by
mr.
sighn
discussion.
I
see
what
you're
saying
John:
how
do
we?
How
do
we
move
it
forward?
I?
Would
what
you
wanted
I
think
the
city
says
yeah
we
own
that
land,
but
we
have
no
intention
to
do
anything
with
it,
but
we
also
don't
want
to
get
in
the
habit
of
whole-scale,
giving
away
public
accesses
or
future
public
accesses.
What.
B
F
F
B
No,
we
haven't,
but
you
can
modify
the
motion.
There
was
two
conditions
of
the
vacation
that
we're
asked
for
one
was
to
establish
a
turnaround
area
for
city
vehicles
and
the
second
was
to
establish
a
utility
easement.
Well,
what
would
happen
with
that?
Is
the
easement
we'd
establish
a
utility
easement
once
the
utilities
are
out
of
that
easement
area
they'd
have
to
come
back
to
us
again
to
vacate
these
men.
You
like
to
change
your
motion.
We
probably
didn't
mention
that
in
there.