This is a duly advertised meeting of Jonah Zoning Board of Appeals in our capacity.

We hear petitions for relief of the strict provisions of our city ordinance.

The decision of this board is final.

And respect it does not go to the mayor or the city council for any further reaction.

If you disagree with our decision, you do have recourse in a court of record.

We also hear petitions for variations of land use.

Final decision on land use is made by the mayor and the city council.

Secretary call roll.

Mr.

Bias.

Mr.

Natree.

Here.

Ms.

Radakovich.

Ms.

Roar.

Ms.

Schmig.

Here.

Mr.

Stiff.

Here.

Chairman Hennessy.

Great.

First on the agenda is approval of the Zoning Board of Appeals meeting minutes for January 15th, 2026.

Motion be in order.

So move.

Second.

Motion second approved or control of the board.

Mr.

Bias.

Mr.

Nattree.

Ms.

Radakovich.

Ms.

Schmidt.

I'm Mr.

Stiff.

Chairman Hennessy.

All right.

Next on the agenda is citizens to be heard on agenda items.

The section is for anyone wanting to speak regarding agenda items and are allowed a maximum of four minutes.

It is not a question and answer period, and staff and the zoning board of appeals members do not generally respond to public comments.

I will note that we have one item on the agenda tonight as a public hearing.

So if you are here as a petitioner or a member of the public for that, you are welcome to speak then or you can speak now, but there is an opportunity to address the zoning board during the public hearing.

Let's proceed.

Okay.

Next on the agenda is old business public hearing, of which there are no agenda items, which brings us to new business public hearing.

And the petition is petition 2026 03.

The applicant is Fabian Contreras.

The status of the applicant is property owner and the location is 108 Hunter Avenue.

And the request is a series of variations to reduce the required rear yard and side yard setbacks for a new detached garage from three feet to one foot located at 108 Hunter Avenue.

Again, the variation requests are to reduce the required rear yard setback from three feet to one foot, and then the side yard is the second variation request to reduce, or excuse me, a second variation request is to reduce the side yard setback from three feet to one foot.

And the zoning board of appeals makes the final decision on these variation requests.

For site specific information, the subject property is 6,515 square feet.

And this contains a two-story single-family residence that was built in 1900.

The property has an existing 566 square foot detached garage in the southeast corner.

An asphalt driveway leads to the existing garage from Hunter Avenue.

The applicant wishes to construct a new garage in the approximate location of the existing garage.

The new garage would be approximately 42 feet long and 22 feet wide and would include approximately 264 square feet of patio space within the garage frame footprint.

A permit to construct the garage was originally applied for on June 24th of 2025.

Approval of the building permit is contingent upon approval of the requested setback variations.

For surrounding zoning land use and character, the subject property is in the St.

Patrick's neighborhood on the city's near west side and is surrounded by other single-family residences with a combination of R2 single family residential zoning and R3 1 and 2 family residential zoning.

For applicable regulations, we have section 47-7.3 permitted accessory uses within the R3 zone.

We have section 47-17.5 garages and carports, and then section 47-19.8, findings of facts supporting a variation.

Under analysis, approval of the requested variations would allow the owner to construct a 42-foot by 22 foot detached garage.

Section 47-5.2D of the city's zoning ordinance allow other uses customarily incidental to the established principal use, such as detached garages, provided that they are three feet from the rear and side yard lot lines.

The applicant wishes to build the proposed garage one foot away from the existing rear and side yard lot lines.

Since the proposed garage contains a 12-inch Eve overhang, the one-foot setback distance will allow for the entirety of the garage to fit on the subject property.

The garage would also be built with gutters and downspouts that would direct stormwater runoff onto the subject property.

Section 47-17.5 of the city's zoning ordinance further states that detached garages may not exceed a wall height of ten feet and a total height of twenty feet.

The proposed garage will feature nine-foot tall walls with a total height from base to roof pitch of 18 feet and seven inches.

For the city's zoning ordinance, the applicant has stated that the proposed new garage will feature complementary building materials and colors that are utilized on the lot's existing principal structure.

The proposed new garage would be approximately 63% larger than the existing detached garage on the subject property.

Approximately 28% of the new garage would be patio space.

Most residences in the surrounding area contain detached garages that abut the rear yard and side yard lot lines.

However, garage size varies, and while the proposed new garage of 924 square feet would not be the largest detached garage in the neighborhood, it would be larger than most, which fall within the range of 600 to 900 square feet in size.

Section 47-19.8 of the city's zoning ordinance details the findings of fact that need to that need confirmation to support a variation request.

Staff believes the property in question can still yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the R3 zoning district.

While it is common for detached garages to be directly adjacent to a property's rear or side yard lot lines, the applicant has not presented any evidence of a practical difficulty or hardship to avoid compliance with the existing setback regulations.

However, while staff acknowledges that a hardship or practical difficulty to allow construction of the new garage within the required setback area likely does not exist.

Many residences in the area have located their detached garages on the rear and side yard lot lines.

This pre excuse me in practice likely predates the existing zoning ordinance in many cases.

Therefore, while the proposed new garage would be larger than most detached garages in the area, given the pre-existing locations of comparable detached garages in the area, staff does not believe the requested variations, if granted, would alter the essential character of the locality.

And for suggested conditions of approval, there is one is and that is if the garage that the garage shall meet the materials and colors of the principal structure on the subject property.

And that concludes staff's report.

Yeah, get up there.

Your turn.

Raise your right hand.

Do you swear the evidence your butter is to say truth?

So I'll begin.

Yeah.

Name an address.

That is what I think.

You're putting it down.

You can tell us whatever you want to.

Any comments?

Not once.

Oh waiting for the panel.

Okay, any questions by the board?

Is there a structure there presently?

Is the building there now?

Yeah, the group on the same spot.

So maybe we'll walk forward.

Yeah.

Any other questions?

Anybody in the audience wish to speak in favor?

Anyone opposed?

Chair closed your petition.

Ending motion.

Motion to accept.

Second.

We have motion second to approve the petition.

Mr.

Nottree.

Aye.

Ms.

Radakovich.

Ms.

Schmidt.

Aye.

Mr.

Stiff.

Aye.

Mr.

Bias.

Chairman Hennessy.

Aye.

All right.

The requests were approved.

Okay, next on the agenda is old business, new business, not for final action or recommendation, of which there is none.

And then that brings us to public comment.

The section is part of a wanting to speak regarding non-agenda items and are allowed a maximum of four minutes.

Is there anyone who would like to address the zoning board of appeals under public comment?

Okay.

That brings us to adjournment.

Motion to adjourn.

Motion.

Second.

Ms.

Radakovich.

Aye.

Ms.

Schmidt?

Aye.

Mr.

Stiff.

Aye.

Mr.

Bias.

Aye.

Mr.

Noctrie.

Aye.

Chairman Hennessy.

Aye.