Planning Commission Meeting - June 7, 2023
https://www.applevalleymn.gov/492/Meeting-Agenda-Packets
1. Call to Order 0:54
2. Approve Agenda
3. Approve Consent Agenda Items 1:28
4. Public Hearings
A. Apple Valley High School Turf Field Accessory Storage Building 2:55
B. Eastview High School Turf Field Accessory Storage Building 17:30
C. Constellation Coffee 23:23
D. Higher Ground Daycare 50:05
5. Land Use / Action Items
A. Burgett Backyard Shed Variance 1:15:35
6. Other Business
A. Review of Upcoming Schedule and Other Updates 2:01:35
7. Adjourn 2:02:44
Based on the context provided and the dialogue within the transcript, here is the formatted version with speaker names.
**Note on Roles:**
* **Chair Kurtz:** Identified as "Madam Chair" throughout the meeting.
* **Kathy Bodmer:** City Planner.
* **Alex Sharp:** City Planner.
* **Brandon Anderson:** City Engineer.
* **Tim Benetti:** Community Development Director.
* **Commissioners:** Scanlon, Schindler, Mahalwald, Sandel, and Pruitt.
* **Liza:** Petitioner for Constellation Coffee.
* **Paul Burgett:** Petitioner for the shed variance.
* **Natalie Burgett:** Public speaker and wife of Paul Burgett.
* **Chris Horny:** Representative for Higher Ground daycare.
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[0:51] **Chair Kurtz:** Be cool. Good evening and welcome to the Planning Commission meeting of June 7th, 2023. Any changes from staff?
[1:00] **Kathy Bodmer:** Madam chair, we have no changes at this time.
[1:03] **Chair Kurtz:** No changes. Commissioners?
[1:04] **Commissioner Schindler:** Move approval.
[1:05] **Commissioner Scanlon:** Second.
[1:06] **Chair Kurtz:** If not okay, motion made by Commissioners Schindler and seconded by commissioner Scanlon. Any questions? If not, all those in favor signify by saying aye. (Group: Aye). Opposed, nay. Motion carries. Next on the agenda is the consent agenda. Consent agenda items are considered routine and will be enacted with a single motion without discussion unless a commissioner or a citizen requests to have any items separately considered. It will then be moved to the land use action items for consideration. 3A: Approve the minutes of May 17, 2023, regular meeting.
[1:49] **Kathy Bodmer:** Madam chair, I recommend approval. Consent agenda.
[1:55] **Commissioner Scanlon:** Second.
[2:05] **Chair Kurtz:** Motion made by commissioner Scanlon and seconded by commissioner Schindler. Any discussion? All those in favor signify by saying aye. (Group: Aye). Opposed, nay. Motion carries. Brings us to 3B: Eagle Point model home permits.
[2:22] **Kathy Bodmer:** Actually, Madam chair, that was under consent. So if the commission is comfortable, they've approved that and we can move on to the next item.
[2:43] **Chair Kurtz:** Do we have to approve it again or was it all done on the consent?
[2:48] **Kathy Bodmer:** Madam chair, you can just get a consensus that everyone understood it's under the consent and it should be sufficient.
[3:00] **Chair Kurtz:** Does everybody understand that you approved that also? Yes? Thank you. Thank you, Kathy. That brings us to number four and that is our public hearings, and we have a few tonight. So the first one is the Apple Valley High School turf field accessory storage building and that is with Kathy Bodmer. Thank you, and I will open the hearing. We will now open the public hearing for agenda 4A. The Affidavit of Publication for the notice of public hearing is available for inspection in the planning department. Everyone wishing to speak at this public hearing should be sure to fill out the attendance roster with their names and addresses so that accurate records can be maintained. We will begin the procedure with a brief presentation by City staff followed by a presentation by the petitioner of the hearing. Upon the conclusion of the presentation, City staff will be asked to comment on the proposal's conformance with pertinent regulations and policies. After that, comments will be taken from the general public. Please come to the podium to speak and address all comments and questions to the chair. Kathy.
[3:59] **Kathy Bodmer:** Good evening Madam chair and commission members. The petitioner of this request is Independent School District 196. ISD 196 recently constructed new artificial turf play fields at each of its four high schools in Apple Valley. Specifically, the two high schools, Apple Valley High School and Eastview High School, were both completed in 2021. In connection with that project, a pad was constructed beside the field area to allow for a 30-foot by 50-foot accessory storage building. So ISD 196's petitioner is requesting the following land use actions in order to construct a 1500-square-foot accessory storage building: they're looking for a conditional use permit to construct an accessory storage building when one already exists on the site; second, a variance to increase the maximum size of the storage building from 1400 to 1500; and then a variance to increase the maximum number of storage buildings on the site from two to six.
[5:13] **Kathy Bodmer:** Apple Valley High School property is located at 14450 Hayes Road. The newly constructed field will be north of the high school building and then the pad sits kind of on the southeast corner. The property is zoned P Institutional, and within the institutional zoning district, one accessory storage building less than 750 square feet is permitted. In order to do a building larger than 750, or if another accessory storage building is on the site, they need to get a conditional use permit. So that's why the conditional use permit is requested. Within the permit, there are a couple of restrictions: one is that the building shall not exceed 1400 square feet, and then second, no more than two accessory storage buildings shall be permitted on the lot or the parcel. Apple Valley High School currently has five accessory storage buildings and this would be the sixth. So again, a conditional use permit and two variances is what the extent of the request.
[6:45] **Kathy Bodmer:** This North is to your right so this is just kind of a site plan showing where the building would be located. Floor plan shows a pretty simple layout—30 by 50. On two ends there is a roll-up door and a utility door. Your elevations are pretty simple; a typical utility building, lap siding, gable roof, asphalt shingles. Nothing much to report on that. When the city reviews a request for a variance, the city needs to review whether the property owner has demonstrated that they have a practical difficulty on the site that prevents them from meeting the requirements of the zoning code. We start with first the definition of practical difficulty: applicant proposes to use the property in a reasonable manner; the plight of the applicant is due to circumstances unique to the property; variance will not alter the essential character of the locality; economic considerations alone do not constitute practical difficulties.
[8:20] **Kathy Bodmer:** We start with the definition and then we move into the factors: special conditions apply to the structure or land that are particular to the property; the granting of the variance will not be contrary to the intent of the chapter; special conditions or circumstances do not result from the action of the owner/applicant; granting of the variance will not serve as merely a convenience to the applicant but is necessary to alleviate practical difficulties; and last, the variance requested is the minimum variance necessary to alleviate the practical difficulty. In the staff report, we note when the P Institutional zoning district requirements were amended in 2013, City staff was starting to see a lot of requests from churches and schools for accessory storage buildings. So staff crafted the ordinance to try and put a limit on the number of buildings and the size of the buildings. Now almost 10 years later, we're at a point where the school and especially the high schools are such large facilities and the fields are used for so many different purposes, staff does find that there is a compelling reason to grant the variance.
[9:53] **Kathy Bodmer:** The property is guided institutional in the 2040 comp plan and P Institutional in the zoning. The high school facility, its structures, its playfields, and the sixth storage building are all consistent with that underlying land use designation. Apple Valley school property is 75.6 acres and the school building is 360,100 square feet, so that's a large facility. The proposed accessory storage building would primarily serve the new multi-purpose fields which are over 900 feet from the existing field maintenance and sports equipment storage areas. In trying to ratchet down the number of storage buildings, the thing that we may have overlooked at the time is just the efficiencies of being able to access a building adjacent to the field area. Detached storage buildings more efficiently and effectively store the equipment needed to maintain the fields. The artificial turf fields require special maintenance equipment... a sweep and fluff kind of thing.
[12:02] **Kathy Bodmer:** The proposed increase in size, its location on the school campus, and proximity to adjacent properties will not adversely impact the character of the surrounding residential neighborhoods. Lastly, the benefits outweigh any potential impacts. With that, Madam chair, staff is recommending holding the public hearing. If the Planning Commission is comfortable, the policy is to not take action on the night of the public hearing, however, this is a pretty simple straightforward request. If the Planning Commission would like to move forward, we've laid out actions two, three, and four. And with that, I could take questions.
[13:17] **Chair Kurtz:** Thank you, Kathy. Commissioners, you have any questions for Kathy?
[13:31] **Commissioner Scanlon:** Madam chair, Kathy, I was just curious—like with commercial properties we have specific building materials requirements. In institutional builds such as this, is there any such requirements?
[13:46] **Kathy Bodmer:** Yes, it says that it needs to be architecturally compatible.
[14:15] **Commissioner Scanlon:** Okay, so it's just a compatibility versus commercial requirements. That’s all I just wanted clarification on. Thank you.
[14:26] **Kathy Bodmer:** There is a representative here from the school district if the Planning Commission has any questions of the school district.
[14:32] **Chair Kurtz:** Commissioners, would you like to have him approach for questions or are you okay? Then we'll have the public. If anybody's here to speak, please come up to the podium, state your name and address if you have any concerns or questions. Okay, then I will close—if there are no further comments I will close this public hearing. It is the policy of the Planning Commission not to act on an item on the same night as its public hearing. Does anybody want to make a motion?
[15:15] **Commissioner Scanlon:** Madam chair, I recommend approval of a conditional use permit to allow construction of a 1500-square-foot accessory building at the Apple Valley high school subject to the conditions as noted in the draft resolution.
[15:28] **Commissioner Schindler:** Second.
[15:29] **Chair Kurtz:** Motion was made by commissioner Scanlon and seconded by commissioner Schindler. Any questions? All those in favor signify by saying aye. (Group: Aye). Opposed, nay.
[15:43] **Kathy Bodmer:** Madam chair, may I just interject that for the next two items there are revised resolutions on your desktop this evening. We just worked with the attorney's office to kind of refine the language a little bit. Thank you.
[16:11] **Commissioner Mahalwald:** Madam chair, I’ll move to recommend approval of a variance to increase the size of the accessory building from 1400 square feet to 1500 square feet with findings and conditions as noted in the draft resolution.
[16:40] **Commissioner Sandel:** Second.
[16:41] **Chair Kurtz:** Motion was made by commissioner Mahalwald and seconded by commissioner Sandel. Any questions? If not, all those in favor signify by saying aye. (Group: Aye). Opposed, nay. Motion carries.
[16:48] **Commissioner Mahalwald:** And I'll also go ahead to make a motion to recommend approval of variance to increase the number of allowed detached accessory buildings from two to six—five currently exist on the site—with the findings and subject to the conditions as noted in the draft resolution.
[17:21] **Commissioner Scanlon:** Second.
[17:28] **Chair Kurtz:** Motion was made by commissioner Mahalwald and seconded by commissioner Scanlon. Any questions? If not, all those in favor signify by saying aye. (Group: Aye). Oppose, nay. Motion carries. Okay, that brings us to our next public hearing which is 4B: Eastview High School turf field accessory storage building. We will now open the public hearing for agenda 4B. (Standard public hearing preamble). Kathy Bodmer.
[18:21] **Kathy Bodmer:** Thank you, madam chair. Now that you have the background, I will be able to go quickly through the Eastview High School identical project. They will be requesting a conditional use permit to construct a storage building that exceeds 750 square feet and then they're requesting a variance to increase the size of the shed from 1400 to 1500. Eastview High School is located at 6200 140th Street West. It is also zoned P Institutional. In this case, this appears to be the first accessory storage building out on the site, so they don't need the second variance that Apple Valley High School needed. This building would be built by their stadium field, southwest of the school. Again, 30 by 50. All setbacks are met. Floor plan identical to the one you've seen. Same lap siding, gable roof, and asphalt shingles. Again, the practical difficulties—we've been through that and Eastview has exactly the same kind of situations. I'd be happy to take questions.
[21:15] **Chair Kurtz:** Thank you, Kathy. Commissioners, any questions for Kathy on Eastview? Okay, thank you. Is there anybody from the public that would wish to speak? Please come up to the podium. Okay, there are no further comments, I will close this public hearing. Does anyone would like to make a motion tonight?
[21:49] **Commissioner Scanlon:** Madam chair, I recommend approval of the conditional use permit to allow construction of a 1,500 square foot accessory storage building at Eastview High School subject to the conditions as noted in the draft resolution.
[22:15] **Commissioner Schindler:** Second.
[22:16] **Chair Kurtz:** Motion made by commissioner Scanlon and seconded by commissioner Schindler. Any comments or questions? If not, all those in favor signify by saying aye. (Group: Aye). Opposed, nay. Motion carries.
[22:36] **Commissioner Scanlon:** Madam chair, I recommend approval to increase the maximum size of an accessory storage building of 1,400 square feet to 1,500 square feet. A 100-square-foot variance is hereby would be approved based on the findings stated in the staff report.
[23:05] **Commissioner Schindler:** Second.
[23:10] **Chair Kurtz:** Motion was made by commissioner Scanlon and seconded by commissioner Schindler. Any questions? If not, all those in favor signify by saying aye. (Group: Aye). Opposed, nay. Motion carries. Thank you, Kathy. Okay, on to public hearing number three, 4C. We will now open the public hearing for agenda 4C. (Standard public hearing preamble). Alex Sharp.
[24:06] **Alex Sharp:** Thank you, Chair Kurtz. As noted this is a public hearing. However, if there are not concerns expressed, due to the abridged timeline with city council meetings, we would seek to move this item forward tonight. The proposed ordinance amendment only affects PD-646. The applicant, Constellation Coffee, is looking to amend this as they are seeking to occupy the former Eagle Valley Bank space at 14698 Galaxy Avenue. They would occupy and utilize the existing drive-through facility at that site. Rather than read through all of the ordinance, I'm going to highlight specific sections. This slide really is a cleanup of our existing ordinance—Class 1 and Class 3 restaurants. Where it does actually affect this ordinance is the "no drive-through windows services" text would be stricken and a drive-through window service would be proposed as a permitted accessory use within the zone.
[27:32] **Alex Sharp:** One other piece I wanted to highlight is that no more than four of these neighborhood-type restaurants shall be allowed within the zone. There's an amended text on your desk tonight because we did fail to note that the ordinance should affect Zone 2 only. This is where we get into the nuts and bolts of the permitted accessory use. What staff attempted to do was craft language with items such as the 13 vehicles of stacking which is what we require with any coffee drive-through in town. We specifically stated that since this site has seven vehicles where it can easily stack within a dedicated drive-through lane, that shall not interfere with any parking, but that additional six stalls can interfere with those because they will be less utilized and the site has ample parking. The site plan would be reviewed and approved by the city engineer evaluating traffic concerns. Finally, if they were adding a building addition, a site plan building permit authorization would still come before Planning Commission.
[31:05] **Alex Sharp:** The applicant is present and can explain a little bit more about the business model. With that, I would return it back to the chair and see if the commission has questions of me.
[31:25] **Chair Kurtz:** Commissioners, do you have any questions for Alex? If not, is it Liza who's coming up?
[31:40] **Liza:** Hello. I am the owner of the building. My brother and I own the building together but I'm putting in a coffee shop, Constellation Coffee. We're calling it Constellation Coffee because it's on Galaxy Avenue and we feel that when the stars align anything can happen. I'll tell you the dream of mine. My son is on the autism spectrum. At two and a half, he was diagnosed. Through a lot of therapies and support, Maddie graduated from high school with honors and he is in college. One of the things that we thought about when we planned this coffee shop was: my son’s gonna make it, but many other individuals do not. In fact, 80 to 85 percent of all disabled and autistic kids are unemployed.
[34:56] **Liza:** So our goal here is to provide jobs for capable individuals with disabilities—physical disabilities or neurodiverse disabilities like autism. We're creating opportunities to educate people coming into the coffee shop. That's why we're starting this coffee shop is to help with gainful employment. We’re going with organic coffee and local milk. I have an artist doing constellations on the ceiling. I even have a resource center for books and therapies for parents and families. The vault that's left in the building—we're going to use that as a gathering space for book clubs or private meetings.
[40:19] **Liza:** The courtesy window will truly be a courtesy for them to drive up and pick something up knowing that disabled people are working there. For families with disabled children, coming inside isn't always possible. So I'm asking for accessibility for my employees and their families. Any questions?
[42:55] **Chair Kurtz:** Liza, I love the idea. Thank you for taking the time and the consideration. I applaud you for that. My husband and I have a Down syndrome niece and she works for a place like this and it gives her such a feeling of normalcy. I have a question about the window—the "courtesy window." Is that going to be ADA compliant for individuals who can’t reach a high window?
[44:11] **Liza:** We’re definitely going to look into this. Right now there are three drive-through lanes from the bank. If we don’t do the drive-through, we’ll have to recreate the window. Should we be granted the window, we'll definitely be looking into doing it the proper way.
[45:00] **Commissioner Sandel:** Madam chair, I don't really have any questions. I just wanted to echo that I think this is awesome. I know a lot of people in the autism community and providing the space for this is awesome.
[45:43] **Commissioner Scanlon:** Madam chair, echoing what has already been said, I'm very impressed with all the background work you've put into this. What is your timetable for your expectations?
[46:29] **Liza:** My timetable was mid-summer but there were plumbing permits and SAC/WAC applications. We’re probably looking at September or maybe October at the latest.
[47:15] **Chair Kurtz:** Thank you, Liza. This is a public hearing, so is there anybody out in the audience that would wish to come up?
[47:28] **Natalie Burgett:** Hi, my name is Natalie Burgett and I live at 14342 Genesee Avenue. I just wanted to also thank Liza for this wonderful idea. I not only have a sister with autism but I also work as a board-certified behavior analyst. I see families every day that are struggling to teach their kids skills, and with something like this, it's so amazing to support these individuals.
[48:46] **Chair Kurtz:** Thank you for coming up. Anyone else? There are no further comments, I will close this public hearing. Does anybody would like to make a motion?
[49:15] **Commissioner Scanlon:** Chair, I recommend approval of an ordinance of the Land Development number 6646 Zone 2 adding drive-through window service in conjunction with a Class III restaurant as an accessory use.
[49:33] **Chair Kurtz:** I second it. Motion made was by commissioner Scanlon and seconded by commissioner Kurtz. All those in favor signify by saying aye. (Group: Aye). Opposed, nay. Motion carries. We are down to the last public hearing, 4D: Higher Ground daycare conditional use permit and site plan building permit authorization. (Standard public hearing preamble). Alex Sharp.
[50:56] **Alex Sharp:** Thank you, chair. As stated, this is a public hearing. The site is located at 14605 Glazier Avenue. It is a 0.95-acre site zoned limited business. Within the limited business zone, daycares are a conditional use. There are single-family homes immediately adjacent to this site. There are three playgrounds planned. The largest is on the northern side; it does not have the screen like the playgrounds on the south. There is also a proposed fence surrounding the property line. We are looking for additional details on the material of that fencing. The small addition is around 550 square feet. Staff is requiring that the building be sprinkled with the change of use. The landscape plan will largely utilize existing vegetation. One of the items staff is seeking is that the trash enclosure be constructed of similar materials to the building. I believe the applicant is present this evening.
[58:28] **Chair Kurtz:** Commissioners, questions for Alex? This is right across from QuikTrip, right?
[58:56] **Chair Kurtz:** I guess my point is—is the engineer here? We haven't had any complaints with the residents in back with noise from the other daycare. If we're putting another daycare, would it exacerbate the noise level?
[59:17] **Brandon Anderson (City Engineer):** Madam chair, for noise level, we haven't had any complaints. Everything that I've heard is that the Jardin daycare is functioning better than the residents originally anticipated. I'll just add that with this proposed site there's more available parking and a proposed drop-off pattern that we believe will mitigate any concerns.
[1:00:39] **Commissioner Scanlon:** Madam chair, my only concern was the added traffic within the residential area, and it seems like so far with the existing daycare that that's been working out well.
[1:00:50] **Brandon Anderson (City Engineer):** Madam chair, commissioner, the anticipated traffic is not a concern at this time. There was a building there—an orthodontist—that sat vacant for a while, but any traffic generated by this site is something that was already planned for.
[1:01:56] **Chair Kurtz:** I like to see an existing building being used. If I brought the applicant up, would anybody have any questions for him?
[1:02:11] **Chris Horny:** My name is Chris Horny. I work for Murphy Development Group based out of Chicago, working with Higher Ground education. They have a brand called Guidepost Montessori. To answer one of the questions, it's pretty common that we are nearby or next to another daycare. This school would be seven classrooms in total with roughly 138 children at maximum capacity. At any one time, we could have up to 22 employees on site. Hours of operation are 7:00 AM to 6:00 PM. We have an entrance and an exit and we're open to having a one-in, one-out pattern.
[1:06:36] **Chris Horny:** Regarding fencing, our preference is a four-to-six-foot black aluminum picket fence. We want to be good neighbors. Regarding traffic, the average pickup/drop-off is eight to ten minutes because you have to walk the child in and badge them in. We anticipate 16 of the 138 kids being dropped off at any one 15-minute interval. We would build a masonry trash enclosure that matches the brick on the building. Happy to answer more questions.
[1:11:58] **Public Speaker (Neighbor):** My name is [Giselle]. I live at 615 Glazier Avenue. I work at the Jardin next door. I am concerned about the traffic. Families and staff sometimes mention that it can take up to five minutes to turn to get onto Glazier. I wonder if it's going to take double the time now.
[1:13:16] **Brandon Anderson (City Engineer):** Madam chair, we requested a little bit of additional information from the daycare and we'd like the time to complete our study for traffic.
[1:13:45] **Commissioner Mahalwald:** Just one question: what's your license capacity?
[1:13:57] **Public Speaker (Neighbor):** 115.
[1:14:10] **Paul Burgett:** I live at 14342 Genesee Avenue. I can attest to her statement that there is sometimes traffic backed up at that light. That left turn specifically does not get a lot of right-of-way. So it would be a great consideration to consider traffic flow because Cedar Avenue is very busy.
[1:14:56] **Chair Kurtz:** We will look into that. If there are no further comments, I will close this public hearing. Thank you, everyone. Okay, that brings us to number five, land use action items. We have a Burgett's backyard shed variance and that will be presented by Kathy Bodmer.
[1:16:03] **Kathy Bodmer:** Thank you, Madam chair. Paul Burgett submitted an application requesting a variance to increase the height of an accessory storage building from 16 feet to 18 feet. The home is located at 14342 Genesee Avenue. The city code limits the height of an accessory storage building to 16 feet and 750 square feet. The shed is proposed to be located in the rear yard. The petitioner wants a six-foot minimum clearance in the upper loft, which means the roof pitch has to go up to 18 feet. Staff struggled with this because we did not find that there's anything unique about the property that would necessitate the two-foot variance. The zoning code was not set up thinking of two-story buildings. From staff's standpoint, we don't believe the case is made for practical difficulty. We are recommending denial this evening.
[1:24:50] **Paul Burgett:** Madam chair, Commissioners. I didn't know I could present a PowerPoint, but I brought pictures. Let's start by telling you a little bit about us. My wife Natalie and I moved to Apple Valley in 2021. Shortly after, I was seriously injured at work. Our home was damaged by water significantly to the point where mold started. My wife has bone sensitivities that negated our ability to store things in the basement. We have no storage space and we are being squeezed. I would contest that this is a two-story structure; it’s a one-story structure with a mezzanine.
[1:33:17] **Paul Burgett:** It’s not just a convenience. Avoiding bending and twisting is an ergonomic guideline. If the roof line stays at 16 feet, I would be doing bending and twisting when moving clothing for summer/winter changeovers. No one is going to notice a two-foot difference because our land is down low. We’re paying $4,000 a year in storage right now.
[1:39:53] **Natalie Burgett:** I just feel like it’s something reasonable to ask. We’re totally willing to accept if there’s a reason why it wouldn’t be reasonable, but Paul has gone to great lengths to do this with excellence.
[1:41:00] **Commissioner Pruitt:** Thank you, Mr. Burgett. What’s the status of the mold remediation in your home?
[1:41:07] **Paul Burgett:** We remediated the mold but the crawl space is limited to an 18-inch entrance. There’s really no storage space at all.
[1:43:18] **Commissioner Scanlon:** Madam chair, these decisions are difficult. Our hands as a Planning Commission are somewhat tied. I understand your circumstances, but the building could be changed to bring it within 16 feet. What can be done to bring that within compliance?
[1:45:51] **Paul Burgett:** The one thing we could do is move the platform to the middle, but I have lockers that need to be secured to a wall for safety.
[1:47:33] **Commissioner Scanlon:** I guess my question might go back to Kathy. Could we table this and have a continued discussion on figuring out how to reduce the height?
[1:48:47] **Paul Burgett:** I don't know that that's going to make any difference. I’ve worked with Kathy and we already came down from four feet to two feet.
[1:50:42] **Kathy Bodmer:** 720 square feet is a three-stall garage equivalent. To have additional storage on top of that is a big ask. There is a concern that this will be a towering structure. Staff is still not able to support the request.
[1:51:30] **Chair Kurtz:** What is the ceiling height for the first floor?
[1:52:13] **Paul Burgett:** Nine feet. I think we've made a good case that this is a reasonable use of our property.
[2:00:23] **Commissioner Scanlon:** Madam chair, I recommend denial of a variance to increase the height of a 720-square-foot accessory storage building from 16 feet to 18 feet, finding that the request does not meet the code requirements for practical difficulty.
[2:01:21] **Commissioner Schindler:** Second.
[2:01:22] **Chair Kurtz:** Any discussion? If not, all those in favor signify by saying aye. (Group: Aye). Oppose, nay. Motion carries. Let's go to number six. Mr. Tim Benetti, please.
[2:01:36] **Tim Benetti:** Thank you, Madam chair. June 21st is our next meeting. We have a variance scheduled for that evening. We were able to put the school and Constellation Coffee on the City Council agenda for tomorrow night so they don't have to wait until July.
[2:02:40] **Chair Kurtz:** Thank you. Do I have a motion to adjourn?
[2:02:44] **Commissioner Scanlon:** Second.
[2:02:45] **Chair Kurtz:** Motion made by commissioner Scanlon, seconded by commissioner Schindler. All those in favor signify by saying aye. (Group: Aye). Meeting is adjourned.
[2:03:15] [Music]