Mayor Dave Bauer called the City Council to order and then Chair person for the Board of Adjustment, Dale Strehle convened the meeting at 5:00 p.m and asked for the roll call. 

Dan Papik motioned and Ashley Newmyer seconded to approve the February 12th, 2025 meeting minutes. 

Frans: Aye, Strehle: Aye, Fitzgerlad: Aye, Papik: Aye, Newmyer: Aye
Aye: 5 No: 0  

City Administrator mentioned to Chair Dale Strehle that there is a process and procedure to follow. City Administrator Tom Ourada stated that the legislature passed a law that says that City Council can act as the Board of Adjustment in first-class cities. An appeal of a previous decision on what Building Inspector Trent Griffin had determined and said no based on zoning. Ourada stated that first the applicants would explain why this is a hardship and why the appeal should be overturned. Ourada stated that there are findings to see if they qualify. 
Tod Allen thanked the Board of Adjustment for the meeting and stated that they purchased a property to be a rental property and would like to put in an egress window in the half basement. However, he was told he can't do that since it is zoned industrial. Allen stated that the City of Crete doesn't allow egress windows to face the street.
Lynette Allen stated that the basement has glass block windows and they don't open. 
Board of Adjustment member Ashley Newmyer asked Building Inspector Trent Griffin why can't there be changes to the basement in a home that is in an industrial zone. Griffin directed the question to Zoning Administrator Tom Ourada. Ourada stated that is not exactly as Tod Allen understood it and you can put an egress window in the front of the house. However, it is the setback that is the issue. You can actually put it in the side or back of the house. The house is on a corner lot so there are two front yards. However, the house is a nonconforming use because it doesn't meet any of the setbacks. 
As zoning, the Board of Adjustment could relax that if you found for the separate findings. Ourada mentioned that in a residential zone the setbacks are 25 feet and doesn't meet. That is one issue and it is also in the AO floodplain which is floodway. By federal law you can't alter that. You can't put in an egress window in a floodway house. There are ways that you can do and look for a variance for that. Ourada mentioned he spoke with the City Attorney and she stated that if that is disregarded, then you could lose the authority to administer floodplain and it would be done by the state. Ourada stated that the Board of Adjustment has to find for the zoning and the flood plain. There are criteria and they are generally the same and public safety is not one of the criteria. You consider the strict application of these regulations would provide undo hardship and it is open to interpretation. 
1.) The strict application of the Zoning Regulations would produce hardship;
2.) Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;
3.) The authorization of such relief will not be of substantial detriment to the adjacent property and the character of the district will not be changed by the granting of the relief;
4.) The granting of such relief is based upon reason of demonstrable and exceptional hardship as distinguished from relief for purposes of convenience, profit or caprice; 
Ourada stated that you can generally find that it would not be disruptive to the neighborhood and you can find that it is creating a hardship and it is not for convenience or profit or caprice. 
And even if you said you want to change the zoning to not have setbacks, the real risk may be a floodplain issue. Ourada mentioned that the City Attorney mentioned having to find for both and she also mentioned that this doesn't cause hardship because the house can still be rented out, not just the basement as a living space. Ourada mentioned that City Attorney Alison Borer stated that if the Board of Adjustment is thinking of going through with both to defer to a time when she can be present for the meeting. 
Lynette Allen asked if there is an exception for the shadow effect on the back of the house. Ourada mentioned that this would be creating another entrance for flood water. When the house was built there was no floodplain regulations. Board of Adjustment member Ashley Newmyer stated she would like to hear if there are other options. 
Dale Strehle Board of Adjustment Chair stated that they will set another meeting when City Attorney Alison Borer can be present. 

Dan Papik motioned and Kyle Frans seconded to Table the meeting until a further date when City Attorney Alison Borer can be present. 

Frans: Aye, Strehle: Aye, Fitzgerlad: Aye, Papik: Aye, Newmyer: Aye
Aye: 5 No: 0  


 

Board of Adjustment Chair Dale Sterhle adjourned the meeting at 5:29 p.m.

Mayor Dave Bauer adjourned the Council at 5:29 p.m.