Justin Kozisek addressed the Board of Adjustment and stated that he lives across the street from where the request is being made and he is in favor of the variance request being approved. Kozisek stated that having the home built on that lot would be a positive impact for the neighborhood. Kozisek thanked the Board for their time and for allowing him to voice his support of this variance request. 

Property owner and Katie Bevins addressed the Board of Adjustment and stated that they purchased the lot in March 2024. They would like to build a home, but with the constraints of the easement, she is not sure how a home could be built on that lot without standing out. 

Josh Popp with Provision Realty Group RE/MAX Concepts stated that they started with a title search and were able to find the easements on the property with the help of Water Superintendent Jesse Yager and Building Inspector Trent Griffin.  Popp stated that they drafted the measurements of the layout and by making it more linear, it makes the front of the house completely flat. This would take away from the ability to set a front entrance and there would be no front landing. Popp added that they changed the garage to fit the easement, not the lot.  The front bedroom is what is encroaching on the setback.
City Administrator Tom Ourada and Board of Adjustment Chair Blaine Spanjer stated that on the plans part of the house is on the easement and will have to be moved. Popp stated that they can work with the 3ft that they need to manipulate to get out of the easement. However, to do 8ft with that and the front setback that would change the layout of the house. Spanjer added that a porch that is not covered can be on the setback. Ourada stated that it can if it is not covered and also on an easement, but you have to be careful with that since they wouldn't have any property rights to it. 
Spanjer added that he asked that stakes be put in to mark the corners of where the house would be to see how that would look. Spanjer stated that none of the houses in the neighborhood sit square to the road on that side. 

City Attorney Anna Burge clarified what an undo hardship is; 
- They have to consider if there have been alternate considerations made whether there are other options available and they are choosing no to take. That becomes a choice of if they what to do this or not. 
- If something costs a little more and is relative 
- 

1.) The strict application of the Zoning Regulations would produce hardship; in that: 
Spanjer stated that the property owner's argument is because of the easement requires the house to be built into the easement. Spanjer restated to the property owners that the three feet that are on the easement have to be cut off. Popp stated that they will go through the proper building channels. 


2.) Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; in that:

3.) The authorization of such variance 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 variance; in that:

4.) The granting of such variance is based upon reason of demonstrable and exceptional hardship as distinguished from variation for purposes of convenience, profit or caprice; in that:

Jay Quinn moved to motion to approve the variance request for 1240 Lakeshore Drive allowing 5 ft int the front yard set back and Randall Shelton seconded the motion. 

Colten Mach: Aye, Chris Kirkpatrick: Aye, Jay Quinn: Aye, Randall Shelton: Aye, Baline Spanjer: Aye

The meeting adjourned at 5:06 p.m.