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Senior Planner Anderson replied that the City Attorney would be reviewing the document. He <br /> stated that as drafted there is language that states the agreement may be null and void if either <br /> property changes ownership. He noted that the City Attorney will determine if the agreement <br /> would need to run in perpetuity. <br /> Commissioner Van Scoy commented that once the variance is approved, that would run with the <br /> property and not the owner. <br /> Senior Planner Anderson confirmed that if the variance were approved, it would allow a zero-foot <br /> setback but would not address encroachment onto a neighboring property. He stated that a <br /> condition within the variance, if approved, is that the encroachment agreement must be approved <br /> and recorded against both properties. <br /> Citizen Input <br /> Jay McDonald, 14275 Alpaca Street, commented that he was present to address any questions. <br /> Commissioner Van Scoy asked if it was a surprise that the driveway encroaches onto the <br /> neighbor's yard. <br /> Mr. McDonald commented that when he purchased the property in 2018, he was still living in <br /> Fargo and did not move in until June of 2019. He stated that there was no driveway to the building, <br /> as the previous owner was driving across the grass,therefore he wanted to have a driveway put in. <br /> He stated that he had communication with the City about the driveway options, where he learned <br /> the driveway had to branch off of the existing driveway. He commented that he had someone <br /> install the driveway at a time he was not home and was under the impression that his property <br /> included the row of trees,but it turned out that was a mistake. He commented that once he learned <br /> of the mistake, he reached out to his neighbor who did not have an issue with it. He stated that <br /> when he applied for the CUP, the issue came up again. He commented that he would be happy to <br /> have it all cleared up at this time. <br /> Councilmember Olson asked which side of the building the carport would be located. <br /> Mr. McDonald replied that it would be on the north side, which would be the opposite side of the <br /> driveway. <br /> Motion by Commissioner Peters, seconded by Commissioner Van Scoy, to close the public <br /> hearing. <br /> A roll call vote was performed: <br /> Commissioner Van Scoy aye <br /> Commissioner Anderson aye <br /> Chairperson Gengler aye <br /> Commissioner Peters aye <br /> Commissioner Hunt aye <br /> Planning Commission/ September 28, 2023 <br /> Page 3 of 14 <br />