All right, I'd like to call the meeting to order.

Um uh six o'clock here.

Um we first start with the open comments.

Uh this is a time in the agenda that allows members of the public to address the commission on items that are not on tonight's agenda as a public hearing.

If there is anyone listening that would like to address the commission, please do at this time.

Uh seeing none, we can now move to the next item on the agenda.

Is calling call the meeting to order.

Um we'll take roll call.

So just for the record, just please acknowledge if you're presence.

Um this is my first time.

So present.

Commissioner Matthews, present.

Commissioner Peralt.

She's absent.

Uh Commissioner Stead.

Present.

Commissioner Yost.

Present.

Commissioner Spencer, present.

All right.

The roll call will next move to the order of the agenda.

Um, we'd like to move the order of agenda for the 6B variance uh number to be held before the 6A.

So we're just gonna flip-flop for convenience.

Can I get approval on the agenda order?

Second.

Commissioner Matthews motions to approve.

Commissioner Yost seconds.

All in favor, say yay.

Yay.

Motion carries agenda such.

The uh first we need to uh approve the meeting minutes.

Um the meeting minutes from January 7th, 2026.

Has everybody had a chance to review the meeting minutes?

Are there any questions, comments, or concerns?

Move to approve from Stead.

We have a motion to approve from Stead.

Do I have a second?

Mr.

Chair, I didn't um Commissioner Stead isn't able to vote or otherwise participate in the meeting tonight.

So um I would ask that the motion come from somebody in the room.

So Commissioner Stead, just so that you're aware, um, mostly you're here to just listen tonight.

Um, and uh any type of um, you know, all of the votes and the motions will need to come from the room.

Thank you.

Commissioner Abbott, you're a motion.

Commissioner Abbott makes a motion, doing a second.

Commissioner Matthews, second, all in favor, yeah.

All opposed.

Motion carries forward.

So tonight there is no reports and recommendations on the agenda, so we'll go to the next agenda item is uh the public hearing.

Um we have two public hearings tonight.

Um after staff have given their reports on each item, each member of the public wishing to speak on the item will have five minutes to address the board.

Um, and we can start.

Yep.

Well, we're gonna do six feet first, correct?

Oh, yep, yep, six feet.

Mr.

Chair, if I might.

Yeah.

Uh good evening to the uh Commissioner Brent Carlson City Attorney's Office.

Um, tonight the board isn't gonna be able to hear variance number CD 2026-02 VAR by Broadway Enterprises LLC.

Um, just to make a complete record, uh, I've had conversations with Commissioner Yost as well as Commissioner Bucknell in advance of tonight's hearing, uh, and they both have conflicts of interest with item six B.

Therefore, I believe it's their intention to recuse themselves tonight.

By virtue of their recusal, we no longer have a quorum.

Um, and so we're not able to hear item six B tonight for that particular reason.

So um I might just so the record is clear.

Commissioner Yost, um, is it true and is it your decision to in fact recuse yourself from the uh Broadway Enterprises LLC um variance request?

It is, and I will be.

And uh Commissioner Bucknell, is it also your decision uh to recuse yourself from the variance request by Broadway Enterprises LLC?

It is the work conflict.

Okay.

Uh so given that uh we will need to reschedule this meeting and we will work with all of you to pick a new date.

Um obviously the recusal of Commissioner Yoast and Commissioner Bucknell will stand at the next rescheduled meeting.

So we will need Commissioner Matthews, Commissioner Spencer, Commissioner Abbott, and either Commissioner Stead or Commissioner Peralt or both of them to be present in order to hear this.

I think we're proposing May 20th, which is two weeks from tonight, assuming we can get all of the noticing done.

That would be the request of the applicant.

Um alternatively, uh, June 3rd is our next regularly scheduled meeting.

So we will um work to coordinate the new date as soon as possible with hopefully um could you all just maybe look at your calendars quick with with May 20th work for the three of you?

Yes, okay.

Um so Anthony, assuming we can get the noticing properly, it's a public hearing, so we need to republish in the post bulletin.

We need to send the notice cards out again.

Um so as long as we can get the noticing correct, um, we will um schedule it for June.

Sorry.

Maybe 15th.

Can I just ask a quick question?

Yes.

Yeah, yeah.

Uh I was under the impression uh during the COVID years now that you can come in if you announce early that somebody might be coming in on Zoom, that indeed their vote is uh counting.

I know tonight we didn't, because I wasn't aware of what was going on, but in the future, those dates given if I if you announce in advance to the public, some uh commissioner might be coming in on Zoom from what I understood previously, that was uh counted as a person present and voting.

Is that not correct?

Uh Commissioner Stead, I would say that we can have discussions about that.

We have some additional direction from the local council.

So let's have those discussions offline, okay?

Not a problem.

Happy to do it.

Thank you.

All right, thanks.

Um that being sorry to talk so much, but that being said, I just want to make sure that procedurally we're doing this correct.

If for some reason we cannot get a fourth member here for May 20th, we have commitments from three of you, but we need one more.

Um Commissioner Stead, by chance, can you commit to being here in person on May 20th at 6 p.m.?

As I indicated to Andy earlier, that my better half controls with schedule.

She's currently in Dallas, so I don't know that.

I can absolutely commit to Zoom.

Having done this uh for other uh meetings, I can commit to a Zoom, but I don't know that I will physically be present, but I will know that you know in two days.

I haven't been able to contact her.

Okay.

So with that, we don't necessarily have a guarantee that we have a fourth person available on the 20th.

Um so what I would ask is I would ask that the board make a motion tonight, um, and I think all five of you can vote on that motion to to find essentially good cause to continue this matter from tonight's meeting um into June if the May 20th date doesn't work.

So um some type of a motion continuing this into June if the number one choice of May 20th isn't available.

Motion made by Commissioner Matthews.

Do we have a second?

Second.

Second by Yost.

All in favor?

Aye.

All opposed.

Motion carries.

Okay.

Thank you.

Um, so I guess with that, um, unless Mr.

Bader, you may do you have anything else to nothing else.

Thank you for uh walking around through that.

Okay.

So with that, um, we will do our best to get this variance on from two weeks from tonight in this room at 6 p.m.

Alternatively, if we can't get a commitment from a fourth member, um, we will work to get June 3rd on the calendar.

So thank you.

We move on to uh variance number 68 now.

Um the staff report, please.

Okay, uh good evening, uh board members, Anthony Cheeky Community Development.

I'm here to present the variance application CD 2026-001 VAR.

Uh the applicant is Allied Emergency Veterinary Services LLC, and the property is located in the south portion of the city, immediately north of 40th Street between Commercial Drive Southwest and Highway 63 South.

That's shown on screen ordered in red and with the yellow star.

Um the zoning for the property is LI by industrial.

The proposed usage for the site is an emergency veterinary and animal services use, which is to be constructed in accordance with the already approved site development plan CD 2025-014 SDP.

The applicant is requesting to increase the permitted maximum freestanding sign height from 15 to 45 feet, and to increase the permitted maximum freestanding sign area from 64 to 149 square feet.

Community development team is recommending approval of the variance requests as amended to allow a height increase up to 25 feet and a final area increase up to 130 square feet.

The sign in question is indicated by the red arrow.

Highway 63 is going to be on that bottom side of the south half of the screen.

The green highlight signs there.

And again, the uh variance request it's up to 45 feet and 149 square feet.

Section 60500.070 C4 A to I asks nine questions when reviewing a variance request for approval, and all must be satisfied in order to achieve approval.

I put them all on screen.

And staff have determined that the required findings are satisfied for the proposed variance as amended.

With this community development team recommends variance applications CD 2026-001 BAR be approved as amended to increase the permitted freestanding sign height from 15 to 25 feet and to increase the permitted max freestanding sign area from 64 square feet to 130 square feet.

This concludes my presentation, and I'm available if there are any questions.

Yeah, so the current provisions uh at 15 feet high and 100 or 64 square feet are what council had adopted with the uh UDC for signage.

Um, a lot of that direction is to avoid uh situations where we have a number of billboards to reduce the sign flutter.

Um so kind of with that in mind, this location uh it is on a curve of a higher traveled road, being that southern portion of highway 63.

Um there are some visibility issues getting to the site because the off-ramp hydro traffic from north to south is a little tight with seeing it.

I'd say from the north side, it's probably more needed in the south.

You have uh two existing businesses on the side, the McDonald's and the discounts hire, as well as a billboard uh further north beyond the discount tire, but that kind of floats in that zone.

Um the properties do angle upward from the discount tire towards the uh 48th street where the McDonald's and the gas station are.

Um, so there is a bit of a height increase there, sloped up from the highway.

Um, it's just kind of safety for exiting the highway.

Um, coming from the south, the bridge is kind of a big block there.

Um, again, it's kind of on a semi-curve uh difficult to see.

I really it's it's hard to make out even the McDonald's sign from the highway.

Um, you really can't see the discount tire sign in time for getting off the highway.

Um, really, I don't think there's any benefit from the south side.

Um, I don't think it's going to be noticeable regardless of you'd have to go above the McDonald's side to really be noticed, I think, kind of from the south.

And then why the modification from their request to this launch size?

Yeah, so I think this is uh an acceptable increase on the provisions.

Um I think the difference from the LDM requirements that had more allowance to the current UDC.

It was a pretty stark decrease.

And I think the amended request allows for uh an acceptable amount of increase to the height in square footage that can achieve some some more visibility for the site.

Is there any particular way that this is captured?

Like it seems a little bit arbitrary, and so um without kind of having uh proper equipment to kind of go on site and kind of measure an exact degree angle from the travel portion of the highway.

Um, it's kind of hard to give an exact preferred number on this.

Um I think this is kind of in an acceptable increase zone that we've approved in the past, and also I think this still the amended uh allowance is still generally in line with the EDC provisions without uh kind of going far above that.

Thank you.

Did they comment on whether that's you know that's enough?

Are they comfortable with the amended numbers?

Yeah, so um the applicant is uh not sure.

Yeah, so the applicant is here, so that they're able to kind of speak to their and following the staff presentation.

I see.

Well, and that will ask the applicant to provide any additional information to the various requests.

Um is it Kara?

Yes, come on.

Yeah, five minutes.

10 minutes, sorry.

Um I'm not sure how these work, so I wasn't quite sure what I'd be walking into tonight.

Um, but I'm the owner of Allied.

Um, I'm familiar with the Rochester area.

I've been a part of the previous emergency vet clinic that was in town uh for about 20 years uh before that.

And um, I guess I mostly came today, again, not knowing how this works, um, because we do think the sign should be at 45 feet to be able to see it slightly above the McDonald's side, especially coming from the south.

Um we just wrote past there a few times today just to make sure that we weren't missing something.

We also didn't know why the request was amended.

Um, we're very happy that it was increased from the 15 feet, which would be extremely hard to see.

Um, but our request came mostly from the majority of clients that we see are from Southern Minnesota from Iowa.

They're usually coming to us because our pets are critical or dying.

Um, so to be able to see that exit before they pass it, it would be important for it to be at least the same or above a McDonald's sign, which which we also don't know the exact height of that sign, but we believe it's at about 30 feet, the McDonald's.

Um, and then I think it was a mention where our land is slightly slopes down, so it would need to be higher than the 30 feet.

I don't know what the differentiator is.

Um, so I was just coming today to see if what the process is or if I can appeal to have consideration for the higher request.

But I'm open to questions as well.

Questions?

Um sorry I missed it.

Did you have do you have like any?

Um I mean this is like just like a so this is what the sign looks like.

We do have photos looking from the the ramp on both sides, um, just to sort of show the comparison of where we would want to have the sign to be able to be seen from both sides of the exit questions.

Yes.

Now we'll open it to the public hearing.

Um, is there anybody from the public that would like thank you for your information?

You're good.

Anyone from the public that would like to talk about this?

Um there's no members from the public that want to talk about this.

Um I will close the public hearing on this the floor discussion on one of the commissioners for the application requests at this time.

Um guess is everybody else leave on this point now?

So um just one point of clarification.

So the applicant does have five-minute rebuttal.

Um, gonna come back before the board um to address anything that may have said.

So perhaps we give her that opportunity, uh, five more minutes if she wishes to address the board.

Do you have one five more minutes if you have Ken?

What am I revident?

Well, I for us it's really we we have looked at what would make sense for both sides for a client in distress to be able to see where we are located.

We are going to be open 24 hours.

So obviously the sign would be lit, that might make it a little bit easier.

Um, but so the height might actually become a little bit more important during the day when people are driving past and seeing McDonald's sign and just kind of things discount higher sign.

We want our sign to be very visible, so people don't miss the exit.

Um, I think it takes another five to ten minutes if they have to go to the next exit, and we get back to us.

Um that that was that was my biggest purpose for the night.

Hey Pammy, thank you.

Commissioner Studd, did you have any questions?

I hear you on there.

I'll move to approve variance number CD 2026-001 VAR as amended to increase the permitted freestanding sign height from 15 to 25 feet to increase the permitting other permitted freestanding sign base area from 64 square feet, 130 square feet for the subject property based on the findings outlined in the community development level.

Thank you, Commissioner Gost.

Do I have a second?

Thank you, Commissioner Abbott.

All in favor, ask for any discussion.

Is there any discussion based on the motion?

All in favor, I'll pose board.

So is that commissioner steed?

Seems like the motion carries forward and passes.

Is there any other business for this meeting today?

Yes, I would just share.

I think a lot of you are new, but just to make you aware, planning supervisor at Cables has resigned.

So I mean we're in this place until we back out that decision.

So thank you all for your service and for being here and in a bit of a time of transition.

So thank you.

Thank you.

Anything else?

May I have a motion to adjourn?

I'll make a motion to adjourn.

Second.

Motion to adjourn by Matthews, second by Commissioner Yost.

All in favor?

Aye, opposed motion passes.

Meeting adjourned.