At 6 02 p.m.

and we will officially start the zoning board of appealed meeting.

So first of all, um, if there are any members of the public who would like to speak in our open public comment here and unrelated to the various we're seeing tonight, I will go ahead and open the floor for those in the room.

Anyone have any public comment?

All right, and did we have anyone joined virtually?

No, just us.

All right.

Well, we will go ahead and class call and public comment.

We will go ahead and close the public comment.

And with that, we will do a call to order and roll calls.

So I would go ahead and call out your name and please indicate if you are present or whooped.

Nicholas Abbott.

Here.

Nicholas Abbott present, Daniel Buckbill.

Present.

Commissioner Bucknell present, Jonathan Kroll.

Jonathan Kroll is not present.

Alison Matthews.

Alison is not present.

Bailey Perl.

I am present.

And Lauren Steve.

Stead.

Step.

Just like instead of homestead.

Okay.

Commissioners.

Said present.

All right.

We have a quorum tonight, so we will go ahead and do the order of the agenda.

So, Commissioners, if you have the code to review the agenda.

All right.

I would entertain a motion to set the agenda.

Sure.

All right.

I have a motion from Commissioner Buckno and a second from Commissioner Svet.

All in favor.

Aye.

All right.

We will consent the agenda for today.

And with that, we will move into elections for the chair and vice chair for 2026.

So I will open the floor to the commissioners.

Um anyone would like to be chair or if anyone would like to make nomination.

I would like to mention that for Bay of Leeds be chair once more.

I will accept your nomination.

I'll second that.

All right, so I have a motion for myself to be chair for 2026 from Commissioner Bucknow and a second from Commissioner Smith.

We will now do a vote.

Yeah, maybe maybe just all are there any other nominations?

Yes.

Are there any other nominations?

All right, Commissioner's Bett, have you vote?

All right, Commissioner Abbott.

Yes.

Commissioner Pearl, yes.

Commissioner Buckville.

Yes.

All right.

I will be chair in 2026, so I'm going to get the meeting.

Do I have a nomination for vice chair or is anyone interested?

All right.

I will nominate Commissioner Bucknell or Vice Chair.

And I have a second from Commissioner Step.

Do we have any other interests in our candidates?

All right, Commissioner Stepp.

Yes.

Commissioner Abbott?

Yes.

Commissioner Burl.

Yes.

Commissioner Buckford.

Yes.

All right.

Commissioner Bucknell will be the vice chair for 2026.

And with that, we will move into the Robert School of Parliamentarian Procedure.

With that, I will open it up.

I think anything from staff on the Roberts rules.

I would just remind the board that this is just kind of the board's commitment to use Robert's rules to ensure that we have the orderly uh fair meetings within the city of Rochester.

So we're just looking for you to sort of affirm that commitment uh on an annual basis.

And we typically do that for all boards and commissions at the first meeting of the year.

Any questions for staff on what that means or anything like that?

All right.

Well, I would entertain a motion to adopt Robert's rules of parliamentary procedure.

All right.

Do I have a second?

So okay, I have a motion from Commissioner Abbott and a second to the committee above now to adopt Robert's rules of parliamentary procedure.

All in favor?

Aye.

All opposed.

All right.

We will adopt the Roberts Rules of Parliamentary Procedure for 2026.

Next, we have a calendar for the 2026 zone board of appeals at new moon eight and we'll proceed.

Staff names we will highlight there.

Generally speaking, the first Wednesday of the month taking place right in this room.

And with that, we will move into approving the minutes of September 17th, 2025.

I know not all of you were present for that meeting.

So I will still ask for a motion from those that were.

I will actually motion to approve the minutes from that date.

And I have a statute from Commissioner Buck now.

All right.

All in favor to accept the minutes.

I can all post.

All right, we will accept the minutes of September 17th for the 25 as the official record without any changes.

And with that, we will move into reports and recommendations on the variance number C D 2025-005 VAR ISMC invest LLC.

And with that, I will turn it over to SAT for presentation.

I'm here to present the variant application CD 2025-005 BAR.

The applicant proposal is S and C Invest LLC, and the property is located in the north portion of the city across the plaza at the intersection of 55th Street Northwest and Chateau Row Northwest.

That's indicated by the yellow star on the screen.

The zone for the property is MXN.

The proposed usage for the site is a scanner restaurant, which is to be constructed following approval on the associated site belling plan application.

CE 2025-047 SDP and building permits, which is currently under review by staff.

The applicant is requesting to remove the maximum from building setback requirement for the subject property.

Community development team is recommending approval of clearance request.

Just to kind of give some context, the green highlighted section at the top of the screen represents the maximum 15-foot front setback distance.

For additional information, the UDC provides an additional provision where development uses private roadways to provide access to individual buildings within the development, which is the case in this instance.

So the seven-foot figure from that existing private roadway is showing the light blue purple shade.

Below that in red is what the 15-foot setback from that point would be.

Um would be a 22-foot max setup.

Um if you also shown on this in is the dashed line is a 20-foot water main use of easement.

Um typically with even areas, there meant to be lots of unoccupied web permanent structures to allow proper maintenance and upkeep to occur in the future.

Um this combination characteristics crazy neat site condition that places a new partship when the applicant is rectified.

Um just for clarity, this is the requested variance being made by the applicant.

Um section 60.500.070C or A to I asks nine questions where we're doing a variance request for approval.

All of these must be satisfied in order to achieve approval.

So they are currently on screen.

Um staff determined that the required findings are satisfied for the proposed variance and um more detail was provided in the packet.

Um with this sorry, it's the screen.

Uh, with this clean development team is recommending uh variance application CD 2025-005 DAR be approved to remove the maximum front building setback requirement for the subject property and unavailable if there are any questions.

Commissioners, any questions this yeah.

All right, and if the application exact I'm Mark Walls with G.

We can go back to the async showing the uh shaded colors for the setbacks.

Um, this site is we have a little bit unique and that it actually has two frontages.

Uh as the middle road frontage and also has the mustard build denial or 55th Street frontage.

Um, our actual variances are in quest based on the setback on the uh quest of a drive 55th street.

Uh as I'm going through the site development plan, um, the face of the building, the front of the building is going to be based in the south.

So uh the request specific to the setback in the front, which is on 50 p.m again.

The site is unique and having the uh existing uh frontage road and uh the uh one that we have to build across the south side, and so as we're going through the development reactions were either meet the setbacks for the uh private road, and that would have worked, except it would put the building so that the essential people park, the distance from there to the sidewalk to the building would have been so tight that we need to make for very good pedestrian uh blockplays in the building.

Um, and so that's why we're gonna request this variance.

I'm here to answer any questions and uh better than the property uh fantasy comes soon.

Thank you.

Commissioner, any questions for the applicants?

We'll do that.

It's first media neutral rascal.

Was there any concerns for outside your attention?

Uh the neighbors have concerns, uh, not so much on this variance of the setback, it's more uh the uh some of the criteria that's in the session district previously and said now we've gotten UDC.

They have concerns on the iron modification and the costume of the traffic command management, but uh I don't believe that you could vary as well.

So all right, with that, I will go ahead and open the floor to any members of the public who are here who would actually speak to this area to second this.

We will have five minutes.

Um, so if anyone would like to speak on this variance, please go ahead and sit right there.

And uh please do sign it as well.

Now we'll count this part in the county.

Yeah.

I'm Bob Norman.

I'm part of the uh Northwest Neighborhood Association in this area who worked in the mark we'll support uh the variance.

You want to make sure we're clear on it.

It's a variance only for as Mark said, assuming the building places out.

You have supported the building of space in the north side.

In there says it's only a variant.

Well, there's property in the future, the variance is on the top party development.

Do you guys agree with that?

And the reason the reason why didn't like this is it used to be a special district.

Everything got constructed in meeting while the UDC was being created.

We knew this was going to come up.

And we were in safer staff that in order to do this, you have to put a variance so that all the businesses could line up.

Right?

All right.

Do you have anything else you'd like to add?

All right.

The last call for any members of the public.

Okay.

I will go ahead and close the public comment and I will open the floor to the commissioners to discuss.

And if you do have any other questions for the staff, maybe have opened, go ahead.

So I can go ahead and open the floor.

Any questions or discussion?

Just as a reminder, all that we do with the zoning board of appeals is look at the specific variance, which is related to the fact that as well as look at the criteria as staff laid out within your packet.

So we are not being asked to approve based on anything about those criteria.

So that staff we can do it just based on the cell side, right?

That's the jumping quick edge cables.

Yeah, variance requests are very specific.

So if you know if they wanted to go off the north side, it would require an additional variance.

And variances do run with the land, but you know, whatever goes in there would have to take it from the south side.

That part of your motion of the variance.

Um depending on which way you're leaning here, is for the south south side.

I put the motion screens just in recognition and substance.

Is that perfect?

And is that uh using the staff on the aspect of the place or not?

Okay, so you're gonna listen to the public comments.

Okay, so I have a motion by commissioner said to approve the variance for the stout side in accordance with south.

Do I have a second?

Also, because I have a second from Commissioner Buckers.

All right, and since this is a note on the variance, we will do a whole call vote instead of a uh post-up cell commissioner's deck.

Uh but sure, yes.

Commissioner Abbott, yes, commissioner Brault, yes, and Commissioner Buffalo.

All right, with that, we will approve the variance uh number C2025-005 VAR to remove the maximum front building and set back requirement for subject properties based on findings outlined uh in the community development memo with special attention paid to the um south side.

Wonderful, and with that we modifies this variance that you can see with the members of the property candidate.

We do have one other item in business tonight, which is the government board of the girls meeting the state one.

Uh so with that, I will throw that open open up to staff or any thoughts more consideration is there.

Yeah, you can jump in again in Ed Cables.

Um we talked about it briefly last year.

Um, if there is an openness from the commission or from the zoning board of appeals to move the 5 p.m.

Um, you know, if if before you decide that you something you would support, we wouldn't necessarily want to do it until we've heard from the other three members.

Um, but really just trying to gauge that interest.

If not, you know, if if there's uh commitment issues or whatnot, we can maintain the six o'clock start time for the rest of the year.

We'll uh we'll check with the other members as well.

Um and we'll put it on the the next uh agenda for for when we meet uh to move it to five for the rest of the web.