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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 />