[00:00:34]
I AM GONNA, THIS IS DIFFERENT THAN LAST SUNDAY PRESENTATION'S.
'CAUSE I DON'T EVEN HAVE THE NETWORK DRIVE.
ARE YOU LOGGED INTO ZOOM? IS THERE ANYONE ZOOMING? NO.
OH, I, I ALLOWED TWO PEOPLE INTO ZOOM.
I CAN'T DO ANYTHING FROM HERE, SO I GUESS I'M GONNA DO IT FROM HERE AND I'LL CONTROL IT.
I DON'T KNOW HOW TO GET INTO THE NETWORK.
WE JUST NEED THEM FROM LAST TIME.
WE JUST NEED THE PRESENTATIONS.
PUT ON A THUMB DRIVER SOMETHING.
LAST TIME WE LOOKED AT IT WHERE IT WOULD JUST COME UP.
YOU SHOULD BE ABLE TO SHARE YOUR SCREEN NOW.
SO NAY, WE'RE PRESENTING FROM THAT LAPTOP.
IT'S LOOK AT, IF I COULDN'T GET IT TO DI IT WAS EITHER IT'S ALL OR NOTHING.
YOU GOT A MICROPHONE ON SOMEWHERE? SOMEONE'S GOT A, MINE IS TURNED OFF.
EVERYONE SEE THE SCREEN OR WOULD YOU LIKE ME TO TURN OFF THE LIGHTS? I CAN SEE IT.
THE MEETING'S GOTTA BE CANCELED 'CAUSE I CAN'T SEE
THANK YOU FOR EVERYBODY FOR BEING PATIENT.
THIS IS A DIFFERENT ROOM THAN WE'RE USED TO MEETING IN, SO WE'RE ALMOST THERE.
YOU NEED TO UNMUTE YOURSELF OR MUTE YOURSELF.
BUT ARE WE, YOU'RE NOT MUTED HERE.
AUDIO COMING FROM THE OTHER MACHINE.
[00:05:10]
BATTERY.IS THAT YOU VO WHAT? I DON'T THINK SO.
I CAN'T SEE, YOU KNOW, IF I HAD A ROOM FULL OF PEOPLE ALMOST THERE WHILE I'M FUMBLING AROUND TRYING TO MAKE SOMETHING WORK.
CAN YOU HEAR US? YES, THEY CAN HEAR US.
[1. CALL TO ORDER AND ROLL CALL]
THE JUNE 8TH MEETING OF THE BOARD OF ADJUSTMENT, UH, I GUESS CITY OF BAYTOWN.I CALL MEDIA ORDER AND GOOD AS AN A TO DO THE ROLL CALL MS. WOOSTER.
[2. MINUTES]
ITEM TWO A, UH, TO CONSIDER APPROVING THE MINUTES OF, AND IT SAYS APRIL 13, BUT CORRECT ME IF I'M WRONG, IT SHOULD SAY MAY 11TH, CORRECT.THE MINUTES SAY MAY 11TH, OUR ACTUAL MEETING WAS ON.
SO EVEN THOUGH THE AGENDA SAYS FOR APRIL 13, I'LL ASK FOR A MOTION TO APPROVE THE MINUTES OF MAY 11TH.
MR. WILSON, I MOVE THAT WE APPROVE THE MINUTES SUBMITTED FOR THE MEETING THAT WE HELD ON MAY THE 11TH, 2021.
[a. Conduct a public hearing and consider the appeal of the variance granted by the Director of Planning and Development Services pursuant to Sec.1.29 (b)(2) of the Unified Land Development Code for the accessory structure on the property located at 1508 Colby Drive.]
UH, TWO A.UM, AND LET ME READ THE PER A, UH, THREE A WHATEVER.
IT'S BEEN A LONG DAY, RIGHT FOLKS? I BEEN A LONG DAY.
UM, WE'RE HERE TODAY TO, UH, HAVE TWO PUBLIC HEARINGS AND TWO, UH, CONSIDERATIONS.
LET ME READ THE MINUTES OR THE, UH, UH, THE RULES FOR THE PUBLIC HEARINGS.
UH, AND AGAIN, THE PUBLIC HEARINGS TODAY ARE BEING HELD FOR THE PURPOSE OF GIVING ALL INTERESTED PARTIES THE RIGHT TO SPEAK AND WELCOME EVERYBODY HERE TO SPEAK.
UH, EVERYONE DESIRING TO SPEAK AT TODAY'S HEARING SHOULD BE, SHOULD HAVE EITHER SIGNED IN ON THE APPROPRIATE LIST OR EMAILED TO THE PLANNING DEPARTMENT PRIOR TO THE POSTED TIME OF THE MEETING.
EACH SPEAKER WILL PLEASE GIVE HIS OR HER NAME AND ADDRESS IN ORDER TO PROVIDE A PROPER RECORD OF THIS HEARING.
UH, THE RULES ALLOW, SO UP TO THREE MINUTES, UH, TO PRESENT.
AND PLEASE STAY WITHIN THAT THREE MINUTES.
I ENCOURAGE EVERYONE TO BE AS BRIEF AS POSSIBLE ALSO.
AND, UH, IF YOU HAVE ANY QUESTIONS, I, WE MUTE THAT PERSON WHILE WE'RE PROCEEDING IN THE MEETING.
UH, PLEASE DIRECT THEM TO ME AND I'LL ANSWER 'EM OR GET STAFF TO HELP ANSWER THE OATH.
THAT'S THE RULES FOR THE PUBLIC HEARING.
UH, SO ON ITEM THREE A, WE'RE HERE TO HAVE THE PUBLIC HEARING AND TO CONSIDER THE, THE APPEAL OF THE VARIANCE THAT HAS BEEN GRANTED BY THE DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES PURSUANT TO SECTION 1.29 B TWO OF THE UNIFIED LAND DEVELOPMENT CODE FOR THE ACCESSORY STRUCTURE ON THE PROPERTY LOCATED 1508 COLLEY DRIVE.
AND IF WE COULD ASK STAFF TO SUMMARIZE, UM, THIS APPEAL.
UH, GIMME JUST A MOMENT AND WE'LL HAVE THAT UP ON THE SCREEN.
[00:10:03]
GOD LAUGH SO YOU DON'T CRY.JUST GONNA BRING UP, BRING UP THIS, THE ONE THAT SAYS, MARK THAT ONE SHARING YOUR STUFF.
STOP SHARING AND THEN SHARE SCREEN.
SORRY TO KEEP EVERYBODY WAITING.
SO, UM, AS, UH, YOUR CHAIRMAN HAS, UH, UH, DESCRIBED THIS IS AN APPEAL OF THE DIRECTOR'S DECISION TO APPROVE AN ADMINISTRATIVE VARIANCE OF 1508 COLBY DRIVE.
UM, THIS IS TO ALLOW FOR AN ACCESSORY STRUCTURE, UH, THAT IS EXCEEDS THE 75% OF THE SIZE OF THE PRIMARY STRUCTURE, WHICH IS, UH, REQUIRED BY CODE.
UM, THIS IS BY 48 SQUARE FEET.
THIS IS ABOUT 4% OF THE SIZE OF THE PRIMARY STRUCTURE.
UM, FIRST OFF, UH, AGAIN, I'M GONNA REMIND YOU WHAT THE BOARD OF ADJUSTMENT, THIS IS MOSTLY FOR ANYBODY WHO'S EVER BEEN IN BOARD OF ADJUSTMENT BEFORE THE BOARD OF ADJUSTMENTS ROLE IN THESE TYPES OF SITUATIONS, UM, IS TO HEAR AND DECIDE APPEALS WHERE, UH, THERE IS BASICALLY SOMEBODY THINKS THAT STAFF MADE A, AN ERROR IN JUDGMENT OF SOME SORT, UM, ACCORDING TO THE CODE.
SO HERE, INID APPEALS, WHERE IS ALLEGED, THERE'S AN ERROR IN AN ORDER, UH, MADE BY A CITY OFFICIAL.
SO THAT'S WHY WE'RE HERE TODAY.
AND IF I COULD GET THIS THING TO, OKAY.
SO THE PROPERTY IN QUESTION IS THE ONE IN YELLOW ON THE SCREEN, WHICH YOU MAY NOT BE ABLE TO SEE VERY WELL AGAINST THE AREA.
IT IS IN THE MIDDLE OF A, UM, A RESIDENTIAL NEIGHBORHOOD, UM, AND IT IS IN THE MIDDLE OF A BLOCK.
THE APPELLANTS TODAY ARE, UH, WILLIAM DEANS AND REBECCA DEVAL, WHO ARE, UH, THE NEIGHBORS ON EITHER SIDE OF THAT YELLOW PROPERTY.
UM, JESUS RE IS THE PROPERTY OWNER AT 1508 COLBY DRIVE.
AND SO I'M GONNA START FIRST WITH, UM, A LITTLE BIT OF BACKGROUND SO YOU KINDA KNOW WHERE THIS HAS BEEN UP TO THIS POINT.
SO, ON NOVEMBER 16TH, WE RECEIVED A COMPLAINT FROM THE NEIGHBOR, UH, SAYING THAT, UM, THAT 1508 COLBY DRIVE, THEY WERE BUILDING WITHOUT A PERMIT.
UH, AND SO ON THE 17TH, WE WENT OUT AND, UH, INSPECTED THE SITE, FOUND THAT THERE WAS, UH, A BUILDING BEING, UH, PUT UP WITHOUT A BUILDING PERMIT.
SO, UH, OUR CITY STAFF ISSUED A STOP WORK ORDER AND, UM, AND BASICALLY A, UM, UH, SENT THE NOTICE OF VIOLATION TO THE PROPERTY OWNER.
UM, THERE WERE TWO, UH, DATES IN NOVEMBER AND DECEMBER, RESPECTIVELY WHEN WE REPEATEDLY INSPECTIONS.
AND THEN, UH, WE ACTUALLY SENT CITATIONS, UM, FOR THE, AGAIN, THEY DIDN'T HAVE A PERMIT THEY WERE BUILDING.
AND THEN, UM, ALSO WOULD TAMPERING WITH THE, THE STOP WORK ORDER ITSELF.
UH, ON DECEMBER 28TH, THE OWNER DID COME IN AND APPLY FOR THE BUILDING PERMIT.
UM, AND THEN THROUGH SEVERAL ITERATIONS OF, YOU KNOW, THIS APPLICATION NEEDED ADDITIONAL ITEMS FOR CITY STAFF TO COMPLETE THAT, THAT REVIEW.
UM, ON THEY WERE, THE PROPERTY OWNER WAS TOLD THAT, UH, THEY WOULD NEED A VARIANCE, THAT THE STRUCTURE WAS TOO BIG.
IT WAS OVER THAT 75%, UH, LIMIT, UM, FROM THE CODE.
AND SO ON APRIL 8TH, THE OWNER DID APPLY FOR A VARIANCE.
ON APRIL 19TH, UH, THE CITY GRANTED THAT VARIANCE.
AGAIN, THIS WAS FOR 48 SQUARE FEET.
SO REMEMBER THAT WHAT, WHAT WE'RE LOOKING AT TODAY IS AN APPEAL OF THE GRANTING OF THE VARIANCE.
SO 48 SQUARE FEET IS, THE NUMBER TO KEEP IN MIND IS 4% OF THAT, UH, PRIMARY STRUCTURE, UH, SIZE.
AND ON MAY 7TH, THE CITY DID ISSUE THE BUILDING PERMIT, UM, DURING THE TIME BETWEEN WHEN THAT BUILDING PERMIT WAS ISSUED.
AND TODAY, THE PROPERTY OWNER HAS BEEN ALLOWED TO, UH, CONTINUE, UH, CONSTRUCTION BECAUSE AS OF TODAY, UH, THEY DO HAVE A VALID BUILDING PERMIT AND A VALID, UH, UH, VARIANCE THAT, THAT ALLOWED FOR THAT BUILDING PERMIT TO BE,
[00:15:01]
UM, ISSUED.SO I'M GONNA SHOW YOU A FEW PICTURES SO YOU CAN KIND OF GET THE LAY OF LAND HERE.
THIS PICTURE WAS TAKEN IN NOVEMBER, AND THIS WAS, UH, FIRST REPORTED.
AND YOU CAN SEE THERE IS A PRETTY DECENT SIZED BUILDING, UH, BEING CONSTRUCTED IN THE BACKYARD.
YEAH, WE MIGHT WANT DO TURN, THIS MIGHT WANNA DO LIGHTS OUT FOR THIS PART.
JUST SO WE CAN SEE THE PICTURES.
SO YOU CAN SEE THERE'S A BUILDING BEING CONSTRUCTED.
UH, THIS IS FACING, THAT IS, UH, ON THE RIGHT HAND SIDE, THAT IS 1508 KOLBY.
UM, YOU CAN SEE THERE'S A PRIVACY FENCE, AND THAT IS KIND OF FROM THE WEST SIDE OF THE BUILDING, UH, OUT FRONT BY THE SIDEWALK.
UM, THIS IS ANOTHER SHOP MORE STRAIGHT ON.
SO YOU CAN STILL KIND OF SEE THAT STRUCTURE, UH, BEHIND THE, THE MAIN HOUSE.
AND THEN FROM THE EAST SIDE OF THE HOUSE, YOU CAN SEE THAT THERE IS A FENCE, UM, BUT YOU CANNOT SEE THE STRUCTURE FROM THAT SIDE.
AND THEN THIS PICTURE WAS TAKEN YESTERDAY AND IS, YOU CAN SEE THAT THEY'VE MADE PROGRESS ON THE STRUCTURE.
AGAIN, THE CITY DID ALLOW FOR THAT, UH, TO CONTINUE DURING THE, THE TIME PERIOD SINCE THE BUILDING POSITION.
UM, HERE YOU CAN SEE WE HAVE, UH, AN AERIAL PHOTOGRAPH THAT WAS, THESE WERE ACTUALLY DONE IN JANUARY.
SO YOU CAN SEE THE, YOU CAN SEE THE BLUE STRUCTURE.
THE RED OUTLINE IS 1508 COLBY.
UM, THE ORANGE OUTLINES ARE THE, THE APPELLATE'S, UM, THE NEIGHBOR'S, UH, PROPERTIES.
THAT'S A TARP THAT WAS PUT OVER THE FRAME OF THE STRUCTURE IN THE BACKYARD.
AND YOU CAN SEE IT'S, IT'S, UH, IT'S PRETTY DECENT SIZE, UH, IN COMPARISON TO THE HOUSE.
SO WHAT WAS THE PROPERTY OWNER REQUESTING EXACTLY? THE PROPERTY OWNER WAS REQUESTING AN ACCESSORY STRUCTURE IN A RESIDENTIAL AREA OF 1,136 SQUARE FEET.
AND YOU CAN SEE THE, UM, THE FLOOR PLAN HERE OF THAT STRUCTURE.
AND I DON'T KNOW IF YOU CAN SEE, YOU CAN'T REALLY SEE THE ARROW VERY WELL, UM, BUT YOU CAN SEE THERE IS A BEDROOM.
YOU CAN SEE THAT THERE'S A KITCHEN.
YOU CAN SEE THERE IS, UH, TWO BATHROOMS. AND THEN YOU CAN ALSO SEE THIS BACK ROOM HERE IN THE BACK LEFT, UH, UPPER LEFT, I SHOULD SAY, IS A STORAGE ROOM THAT ONLY OPENS TO THE OUTDOORS.
AND THEN YOU CAN SEE THAT THE FRONT HERE IS ACTUALLY A, UM, A PORCH THAT HAS A ROOF OVER IT.
SO IN THE, UH, UNIFIED LAND DEVELOPMENT CODE, THE ULDC, UH, HAS A, HAS A REQUIREMENT THAT THE SUM OF ALL THE RESIDENTIAL ACCESSORY STRUCTURES, UM, CANNOT EXCEED MORE THAN 75% OF THE GROSS SQUARE FOOTAGE OF THE PRIMARY STRUCTURE.
SO BASICALLY, UM, WE CAN'T GO OVER 75% OF THE GROSS SQUARE FOOTAGE OF THE HOUSE.
SO THAT BECOMES THE ISSUE FOR THE PROPERTY OWNER, BECAUSE THIS IS ABOUT 79%, UH, AT A 1,136 SQUARE FEET BASED ON THE EXISTING ONE HO ONE STORY HOUSE.
YOU CAN SEE THE, THE, UM, SITE PLAN HERE, UM, ON THE HOUSE ITSELF, WHICH IS THE, AGAIN, I'M NOT SURE YOU CAN SEE THAT IS THIS BOX HERE IN THE LOWER PART OF THAT SITE PLAN, UM, THAT SAYS THAT THE SQUARE FOOTAGE OF THE EXISTING HOUSE IS 1,450 SQUARE FEET.
SO GIVEN THAT THE, THE 1136 SQUARE FEET, UH, BECOMES 79%, SO AGAIN, WE HAVE 4%, UH, OVER WHAT THE MAXIMUM IS THAT'S ALLOWED.
SO THE PROPERTY OWNER DID, UH, REQUEST VARIANCE.
SO AGAIN, ASSUMING THE 1,450 SQUARE FEET OF THE PRIMARY STRUCTURE, MAXIMUM ALLOWED WOULD NORMALLY BE 1088 SQUARE FEET.
SO THEY NEEDED, UH, A VARIANCE FOR 48 SQUARE FEET, WHICH IS 4% OVER THE MAXIMUM.
AND AS YOU ARE AWARE, UH, THERE IS A SECTION OF THE CODE THAT ALLOWS FOR THE DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES TO GRANT A VARIANCE OF UP TO 10% OF WHATEVER REGULATION WE'RE, WE'RE DISCUSSING, UH, IN, IN THE FIRM APPLICATION.
UM, NOW, IN ORDER TO, UH, IN ORDER TO CONSIDER THAT, UH, THE DIRECTOR HAS TO CONSIDER FIVE SPECIFIC CRITERIA, AND I'M GONNA GO THROUGH THOSE CRITERIA FOR YOU NOW.
UH, WHAT WAS REVIEWED AS PART OF THIS VARIANCE? SO THE FIRST CRITERIA IS THAT THE REQUEST ENSURES THE SAME GENERAL LEVEL OF LAND USE COMPATIBILITY AS THE
[00:20:01]
OTHERWISE APPLICABLE STANDARDS.THIS IS A RESIDENTIAL USE IN A RESIDENTIAL NEIGHBORHOOD, THE USE ITSELF IS ALLOWED.
SO KEEP IN MIND THAT 1088 SQUARE FEET IS ALLOWED BY RIGHT, WHETHER THEY HAD A VARIANCE OR NOT.
SO AGAIN, WE'RE TALKING ABOUT THE 48 SQUARE FEET MAYBE DIVISION.
THAT WAS THE, THE PART THAT WE HAD TO FIGURE OUT WHETHER IT MEETS THESE CRITERIA OR NOT.
SO THE USE ITSELF IS ALLOWED WITHOUT THE VARIANCE.
SO, UM, IT MEETS THE FIRST CRITERIA.
SECOND CRITERIA IS IT DOES NOT ADVERSELY AFFECT ADJACENT LAND USES AND THE PHYSICAL CHARACTER OF USES IN THE NEIGHBORHOOD IN WHICH THE EXCEPTION IS SOUGHT BECAUSE OF INADEQUATE BUFFERING SCREENING, SETBACKS, AND OTHER LAND USE CONSIDERATIONS.
UH, AGAIN, THE VARIANCE THAT WE'RE TALKING ABOUT IS 4%.
UM, THAT BEING SAID, THE GRAINING OF THAT VARIANCE DOES NOT ADVERSELY AFFECT THE ADJACENT LAND USES.
UM, IN FACT, YOU COULD SEE IN THE AERIAL THAT THERE IS A PRIVACY FENCE THAT GOES ALL THE WAY AROUND THE PROPERTY AND ADEQUATELY SCREENS THAT, UH, STRUCTURE FROM THE NEIGHBOR'S PROPERTIES.
THE THIRD CRITERIA IS THAT IT DOES NOT ADVERSELY AFFECT PROPERTY VALUES OF ADJACENT PROPERTIES IN ANY MATERIAL WAY AND WILL IMPROVE THE PROPERTY VALUE OF THE PROPERTY, WHICH THE EXCEPTION IS SOUGHT.
SO AGAIN, IT'S NOT ANTICIPATED THAT THE ADDITION OF 48 SQUARE FEET IS GOING TO AFFECT PROPERTY VALUES OF THE ADJACENT PROPERTIES.
UM, THE ADDITION OF THE SQUARE FOOTAGE ON THIS PROPERTY, UH, WILL AT THE VERY LEAST, UH, HAVE A, UM, NEGLIGIBLE EFFECT ON PROPERTY VALUE OF THAT PROPERTY.
BUT IF ANYTHING, IT'LL BE A LITTLE BIT OF A POSITIVE, UM, VALUE INCREASE.
UM, SO THE FOURTH CRITERIA IS THAT IT FURTHERS THE GOALS AND VISION THE CITY HAS SET FORTH IN THE COMPREHENSIVE PLAN, THE VISION STATEMENT, AND AN APPLICABLE NEIGHBORHOOD PLAN OR REDEVELOPMENT PLAN ADOPTED BY THE CITY COUNCIL.
SO, UM, I, I WON'T READ THESE OFF FOR YOU IN, IN THEIR ENTIRETY, BUT THE PROJECT DOES GENERALLY FURTHER THE GOALS AND VISION OF THE CITY, UH, IN THE CURRENT 2025 COMPREHENSIVE PLAN.
UM, THERE'S LANGUAGE IN THE VISION STATEMENT, UH, THAT, UH, IT, IT'S ENSURING DIVERSE AND HIGH QUALITY OPPORTUNITIES FOR HOUSING.
AND THEN IN ALSO IN THE 2025 COMPREHENSIVE PLAN, THERE'S LANGUAGE IN THE PLAN ELEMENT GOALS, UM, DYNAMIC NEIGHBORHOODS THAT OFFER RESIDENTS A VARIETY OF HOUSING OPTIONS.
THOSE ARE BOTH, THOSE BOTH GENERALLY SUPPORTED BY THIS PROJECT.
AND THE FIFTH CRITERIA IS, IS GENERALLY CONSISTENT WITH THE PURPOSES AND INTENT OF THE ULDC.
SO THE ULDC PURPOSE AND INTENT STATEMENT IS, IS VERY GENERAL.
IT'S MEANT TO BE VERY GENERAL.
UM, IT'S ADOPTED FOR THE PURPOSE OF PROMOTING PUBLIC HEALTH, SAFETY AND GENERAL WELFARE BY PROMOTING SAFE, ORDERLY, AND ECONOMICALLY SUSTAINABLE DEVELOPMENT.
AND THEN IT ALSO TALKS ABOUT, UM, SUPPORTING THE CITY'S COMPREHENSIVE PLAN.
SO AGAIN, THIS PROJECT, UM, THE VARIANCE ITSELF THAT REQUESTS IS GENERALLY CONSISTENT WITH THAT STATEMENT.
SO THEREFORE, HAVING MET ALL FIVE OF THOSE CRITERIA, THE VARIANCE REQUEST OF 48 SQUARE FEET, 4% OF THE PERMITTED 1088 SQUARE FEET WAS GRANTED AND ALLOWED FOR THE ACCESSORY STRUCTURE TO BE NO MORE THAN 1,136 SQUARE FEET.
UM, AGAIN, I'M JUST GONNA SAY IT ONE MORE TIME.
I JUST WANNA REMIND YOU THAT THE STRUCTURE ITSELF IS PERMITTED BY RIGHT, IT'S JUST THIS EXTRA 48 FEET, UH, THAT IS, IS THE, UM, THE, THE FOCUS OF THE REQUEST.
SO BASED ON THE INFORMATION PROVIDED ABOVE, STAFF RECOMMENDS THE BOARD OF ADJUSTMENT UPHOLD THE DIRECTOR'S DECISION TO GRANT AN ADMINISTRATIVE VARIANCE OF 48 SQUARE FEET TO ALLOW FOR AN ACCESSORY STRUCTURE OF A MAXIMUM OF 1,136 SQUARE FEET ON THE PROPERTY IN QUESTION.
UM, WITH THAT, THAT CONCLUDES MY PRESENTATION.
I'M HAPPY TO ANSWER ANY QUESTIONS.
THE SAME THINGS I LEARNED FROM THIS IS THAT IN AN APPEAL, YOU SIMILARLY HAVE CRITERIA THAT IF WE'RE MET, YOU GRANT THE APPEAL AS WE HAVE SIMILARLY CRITERIA THAT IF THEY'RE MET, WE GRANT IT.
AND IF YOU'RE NOT, WE DID NOT.
SO YOU'RE BASICALLY SAYING TO US, YOU DETERMINED THAT ALL FIVE CRITERIA HAVE BEEN MET, THEREFORE YOU GRANTED THE, UH, VARIANCE THAT IS CORRECT.
AND THOSE CRITERIA ARE DIFFERENT THAN WHAT THE CRITERIA IS IF IT CAME TO THE BOARD OF ADJUSTMENTS.
THE BOARD OF ADJUSTMENTS CRITERIA ARE MORE STRINGENT THAN THESE, RIGHT.
AND WE HAVE 10 OF 'EM INSTEAD OF FIVE.
SO OUR JOB IS TWICE AS HARD AS YOURS.
YOU, YOU'LL NOTICE
YOU WILL NOTICE THAT, THAT THERE IS NOT A HARDSHIP, UM, REQUIRING INCLUDED NEEDS CRITERIA.
THAT IS OFTEN THE TOUGHEST THING TO GET PAST WHEN YOU'RE TALKING ABOUT A VARIANCE.
UM, AND WHEN IT COMES DOWN TO THAT, THAT
[00:25:01]
SMALL, UH, ADMINISTRATIVE VARIANCE, THAT IS NOT SOMETHING THAT IS PART OF THOSE, THOSE FIVE CRITERIA.SO AT THIS POINT, IF WE HAVE QUESTIONS OF HIM, SHOULD WE ASK THOSE NOW AND THEN DO THE, DO THE, UH, SO I THINK YOU DO THAT DURING CONSIDERATION RIGHT NOW.
I THINK IF YOU DO, IS, IS EVERYBODY THE TIME AND SPEAK? GIVE THEM AN OPPORTUNITY.
CLOSE YOUR PUBLIC HEARING, AND THEN YOU CAN TALK AND ASK QUESTIONS.
RIGHT? KAREN JUST SAID, UH, THOSE THAT HAVE SIGNED UP, EITHER ONLINE OR HERE, WE WILL ASK TO SPEAK TO THE BOARD.
AND LET ME REMIND YOU, PLEASE GIVE YOUR NAME AND ADDRESS, UH, FOR THE RECORD.
AND OUR FIRST PERSON THAT WANTS TO SPEAK TODAY IS BILL, DEANS BILL, SORRY, MR. DEANS.
I LIVE NEXT DOOR TO THE NEW CONSTRUCTION, WHICH STARTED WITHOUT PERMITS.
UH, IT'S BASICALLY AN INVASION OF MY PRIVACY.
UH, IT'S BASICALLY UP A BUT AGAINST THE FENCE.
AND IT'S, I I DON'T UNDERSTAND HOW YOU CAN BUILD A 75% SQUARE FOOT HOME OF THE ORIGINAL STRUCTURE, WHICH WAS ESPECIALLY ON THE TAX ROLLS FOR 1045 SQUARE FEET.
BUT THEY CLAIMED IT'S 1,450 SQUARE FEET.
I SAY, I KNOW HE SAID GROSS HOME, BUT STILL A STRUCTURE.
75% OF THE ORIGINAL STRUCTURE IS A MASSIVE MONSTROSITY ON WITH AN INVASION OF MY PRIVACY AND PROPERTY VALUES.
UH, HE UNDERSTOOD, HE MADE A STATEMENT ABOUT PROPERTY VALUES PROPERLY.
IT'S NOT PROVEN, BUT WHO IN THEIR RIGHT MIND IS GONNA WALK INTO A BACKYARD IF I WANTED TO SELL MY HOME AND THEY'VE GOT ANOTHER HOME RIGHT IN THEIR BACKYARD? ZERO PRIVACY.
THE STRUCTURE THAT WAS BUILT PRIOR TO THAT HOME BEING BUILT WAS LIMITED TO 25% OF THE ORIGINAL STRUCTURE.
HOW DID IT CHANGE FROM 25 TO 75% IN SUCH A SHORT TIME ALSO TO INPUT? I'M SORRY.
I APPRECIATE, WE APPRECIATE YOUR INPUT.
ANY, ANYTHING MORE THAT YOU'D LIKE TO 'CAUSE WE DON'T, WE DON'T INTERACT BACK AND FORTH UNDERSTAND HEARING.
IT'S JUST, IT'S AN EYESORE INTRUSION.
MY PRIVACY, MY PROPERTY VALUES, PARKINGS ARE GOING TO BE AN ISSUE.
I WAS CONCERNED ABOUT FLOOD CONTROL, EVERYTHING INVOLVED WHEN YOU'RE OVERBUILT, WHEN, ESPECIALLY WHEN IT'S A SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD.
THE NEXT SPEAK IS BILL HADLER.
THIS IS MY FIRST TIME IN PUBLIC IN ABOUT A YEAR.
I'M SORRY I USED UP SOME OF MY TIME.
WE'RE HA WE'RE HAPPY TO SEE YOU.
IT IS GOOD TO SEE YOU FOLKS, SEE EVERYTHING YOU WANT TO, SIR, I REALLY HAVE NO INPUT ON THE DISCUSSION TO THIS POINT REGARDING THE, UH, VARIANCE WITH THE STRUCTURE.
I DIDN'T EVEN KNOW ABOUT THIS TILL TWO DAYS AGO AND I GOT TO LOOK INTO IT.
IT'S DIGITAL, IT TAKES A DAY TO PRINT IT OUT.
BUT MY WIFE DID IT AND I READ THROUGH IT AND IT HELPED A LOT.
AND WHAT I PICKED UP, AND THIS IS WHY I'M HERE, I UNDERSTAND MY TWO NEIGHBORS.
I'M AT 1603 COLBY ACROSS THE STREET FROM, I'M SUPPOSED THE PROPERTY OWNER.
WE HAVEN'T MET, I'M SORRY, BUT I'M RARELY THERE.
UH, IN ANY EVENT, WHAT I CAUGHT WAS THAT, UH, IT IS FAR THE STORAGE OF DAYCARE VANS AND THAT CAUGHT ME IMMEDIATELY.
RON, THAT SAYS THAT'S THE WRONG RON.
I'M LOOKING AT THIS THAT THAT'LL BE THE NEXT ITEM ON OUR AGENDA.
UM, TO THE ONE WE'RE LOOKING AT NOW, IS THE, THE FIRST ITEM ON THE AGENDA UNDER PUBLIC HEARINGS.
YOU, YOU WANT THE NEXT ONE? SO THIS ONE, THIS IS THE ONE WE'RE LOOKING AT, RIGHT? RIGHT.
THAT'S THE ONE YOU'RE INTERESTED IN.
BUT THE, EXCEPT YOU SAID YOU, YOU LIVE ON KOLBY? ON KOLBY.
SO YOU'RE, YOU'RE MIXING UP THE TWO, UM, THE TWO ITEMS. MM-HMM
THIS IS NOT FOR DAYCARE VANS THAT, THAT'S THE NEXT ITEM.
BUT LET ME, LET ME FINISH MY, AND I APPRECIATE YOUR I SURE, SURE.
AND WHAT, WHAT I'M, UH, TOTALLY OPPOSED TO IS THE POTENTIAL FOR A BUSINESS BEING DEVELOPED ON THAT PROPERTY.
IT'S BIG ENOUGH TO BE, UH, IF THERE ARE
[00:30:02]
MULTIPLE VEHICLES COMING AND GOING IN AND OUT OF THAT STRUCTURE, WHICH CAN BE TURNED INTO A BUSINESS, UH, THAT'S BAD FOR THE NEIGHBORHOOD TO BE A NUISANCE.IT WILL BE HARMFUL FOR CHILDREN, FOR, UH, PEOPLE LIVING IN THE NEIGHBORHOOD.
THERE'S VERY LITTLE ACCESS NOW.
IT'S A TINY LITTLE NEIGHBORHOOD.
YOU GET ENOUGH CARS IN THERE, YOU JUST, YOU HAVE TO WAIT FOR PEOPLE TO COME THROUGH.
SO I GUESS THAT THAT'S WHAT CAUGHT MY EYE IS THIS.
A PROPERTY OWNER TOOK A MONTH AFTER GETTING A A STOP WORK.
HE TORE IT DOWN OFF OF HIS PROPERTY, KEPT WORKING FOR ANOTHER MONTH AND THEN APPLIED FOR IT.
ONCE HIS WORK WAS DONE, HE GOT WHAT HE WANTED.
THERE'S A PATTERN THERE THAT SAYS IF THIS SAME APPROACH CARRIES THROUGH TO THE NEXT A PLACE WHERE THAT'S BUILT AND ALLOWED TO TURN INTO A BUSINESS, THE BUSINESS WILL BE THERE.
WE'LL FIND OUT LATER WHEN PEOPLE ARE COMING AND GOING, WE'RE BACK IN THIS ROOM.
IT'S GONNA BE A LOT TOUGHER ON EVERYBODY SO IT CAN'T TURN INTO A BUSINESS.
THANK YOU FOR YOUR CONSIDERATION.
NEXT SPEAKER IS REBECCA BRADLEY? YES, I'M REBECCA.
BRADLEY, I LIVE AT 1600 KOLBY.
UM, AND, UM, GOING THROUGH THIS PROCESS, I'VE BEEN QUITE CONFUSED BECAUSE WE'VE BEEN GIVEN DIFFERENT INFORMATION WHENEVER WE'VE CALLED TO, UH, TO SPEAK TO, UH, THE PLANNING AND DEVELOP SERVICES, UH, THE PERMIT OFFICE.
AND IT SEEMS THAT THERE'S NO PAPER TRAIL AS TO, YOU KNOW, WHAT'S GOING ON.
OH, THE RESIDENTS HAVE NOT BEEN GIVEN THE PERMIT NOW THEY HAVE BEEN GIVEN THE PERMIT A BEFORE WE EVEN MET ON MAY THE 10TH.
UH, SO I'M VERY CONFUSED ABOUT THAT.
I'M VERY CONFUSED ALSO ABOUT HOW THE 75% OF THE ORIGINAL PROPERTY, WHY IS IT DIFFERENT FROM WHAT THE TAX ROLL SAY? WHY IS THAT 75% DIFFERENT? THAT'S WHY WE, WE WERE NEIGHBORS WERE SURPRISED AT THE SIZE OF THE STRUCTURE THAT WAS GOING UP.
WE UNDERSTAND THAT THE NEIGHBORS HAVE A RIGHT TO DO THAT.
I HAVE THE RIGHT TO DO THAT TOO.
SO IF I'M CONSIDERING MY YARD IS BLANK AND SHOULD I BE CONSIDERING PUTTING UP A PROPERTY, THEN I CAN DO I GET TO SAY WHAT THE 75% IS AND THEN BUILD A BUILDING BASED ON THAT? ARE WHERE DO THOSE NUMBERS COME FROM? WHEN I ASK, I WAS TOLD FROM THE HOMEOWNER AND I'M CONFUSED BY THAT.
RIGHT, SIR FRANK, I LIVE AT 1202 TRENTON LANE AND I LIVE NEAR THE DRAINAGE SYSTEM RIGHT THERE.
NOW I'M WORRIED ABOUT THE SEATBELT.
THIS THERE, WELL, I GET MORE WATER DRAIN, YOU KNOW, BECAUSE THE WATER DON'T GO DRAIN NO MORE.
THIS YARD I FACING AFFECT THE STREET AND I LIVE RIGHT THE WAY EVERYTHING DRAIN.
SO, WELL, I'LL BE FLOODING, YOU KNOW, EVENTUALLY.
THAT'S WHAT I WAS WORRIED ABOUT.
DID Y'ALL INSPECT HIS, UH, PLUMBING, YOU KNOW, SLAB ALREADY POURED.
SO WHAT DID YOU DO? Y'ALL LOOK THROUGH THE CEMENT? YOU KNOW, I'M INTO CONSTRUCTION, SO I KNOW THAT'S NOT RIGHT EITHER.
HE, Y'ALL, HE NEEDED TO TEAR IT UP SO Y'ALL CAN LOOK AT IT OR WHAT, YOU KNOW, THAT'S, THAT'S WHAT I WANNA KNOW.
HOW CAN HE GO THAT FAR? AND Y'ALL SAYING IT'S OKAY, BUT Y'ALL DIDN'T CHECK THE, THE INSPECTION ON THE, ON THE PLUMBING.
YOU KNOW, THAT'S WHAT I UNDERSTAND.
'CAUSE WHEN I HAD MY PIPE DONE REDONE, Y'ALL HAD A, YOU KNOW, SEWER LINE.
SO THAT'S WHAT I UNDERSTAND, SIR.
SO IT'S GONNA BE THE WAY IT IS.
YOU DON'T HAVE TO WORRY ABOUT NO INSPECTION ON THE PLUMBING.
NO, I LIVE AT 50 0 7 SHERIDAN.
I ACTUALLY LIVE RIGHT BEHIND THEM.
YOU KNOW WHAT? I DON'T CARE WHAT PEOPLE PUT ON THEIR PROPERTY.
BUT WHENEVER I STARTED GETTING MY PERMITS IN JANUARY AND HAD TO FIGHT EVERY DAY, I HAD TO FIGHT FOR 10 SQUARE FEET FOR STORAGE BUILDINGS.
I WANTED TO PUT IN TWO STORAGE BUILDINGS, UH, 12 BY 20 AND A 12 BY 30 10 FEET.
BECAUSE MY HOUSE SAID IT WAS 1680.
I HAD TO GET THEM, BEGGED THEM TO PUT MY, MY COVERED CARPORT AND MY COVERED FRONT TO ADD IT ON THERE TO GET 10 SQUARE FEET.
I HAD TO SEND ALL, I HAD TO GET A SURVEY.
I HAD TO SEND IN THE FLOOR PLANS FROM, FOR, FROM THE COMPANY THAT WAS BUILDING THIS FOR STORAGE BUILDINGS.
[00:35:01]
10 BY 30 BUILDING.I HAD TO KILL IT BY TWO FEET SO I WOULDN'T HAVE TO TURN AROUND AND GET A ENGINEERED DRAWING FOR A STORAGE BUILDING.
DOES HE HAVE A PERMIT FOR, DOES HE HAVE, UH, UH, UH, ALL THE SURVEYS? DID HE GET THE ENGINEERED DRAWINGS FOR THAT BUILDING? 'CAUSE IT'S A HECK OF A LOT BIGGER THAN A 12 BY 30 BUILDING, STORAGE BUILDING.
I FOUGHT FOR 10 FEET AND YOU ARE GONNA GIVE HIM 49%.
BUT IF YOU'RE GONNA DO IT, ALL I HAD TO DO WAS START BUILDING AND THEN DO WHAT HE DID AND Y'ALL WOULD'VE APPROVED IT.
I CALLED UP HERE, WHAT DO I NEED TO DO NEXT? I EVEN GOT THEM TO PRINT OUT THE PAPER AND WRITE EXACTLY WHAT I NEEDED TO DO NEXT.
I HAD TO PUT IN HURRICANE STRAPS.
NOT ONE TIME, DEB, I SEEN A HURRICANE BRACKET.
I HAD TO PUT IN STORAGE BUILDINGS AND LOST MY, UH, UH, WARRANTY ON STORAGE BUILDINGS BECAUSE THEY DIDN'T PUT IT IN.
NOBODY TOLD ME THAT THIS IS WHAT I HAD TO DO.
I SAID THIS, WHAT DO I NEED TO DO? I DID EVERYTHING RIGHT AND STILL LOST $20,000 FOR STORAGE BUILDING WARRANTY.
AND Y'ALL OKAY IN THIS? I, I'M SORRY.
I DON'T WANNA HAVE BAD NEIGHBORS.
I DON'T WANNA BE A BAD NEIGHBOR.
BUT IF YOU'RE GONNA DO FOR ONE, YOU NEED TO DO FOR EVERYBODY IN THAT NEIGHBORHOOD.
I DON'T WANT A BUSINESS BEHIND MY HOUSE.
BUT IF YOU'RE GONNA ALLOW THEM TO DO THAT, NOBODY SHOULD HAVE TO FIGHT WHEN THEY'RE DOING IT THE RIGHT WAY.
THERE WAS NO PERMISSION AT ALL.
I HAVE MY PERMIT UP THERE AND, AND MY BUILDING WAS THERE, THEY TWO AND A HALF DAYS IT TOOK THEM AND I HAD THE CITY DRIVE BY MY HOUSE FOUR TIMES.
YEAH, THAT'S, WE, WE APPRECIATE THE INPUT.
I'LL MAKE A QUICK INTERJECT IF, IF IT'S OKAY THAT, YOU KNOW, AS, AS THE DIRECTOR HAS SAID, WE'RE HERE NOT TO TALK ABOUT WHAT WAS DONE RIGHT OR WHAT WAS DONE WRONG.
THIS BOARD, WE DON'T HAVE ANY PURVIEW OVER THAT WE'RE, WE HAVE PURVIEW OVER THE 48 FEET PART, NOT THE PERMITTING AND ALL THAT.
I APPRECIATE ALL THAT INPUT AND I'M GLAD YOU'RE GETTING IT ON THE TABLE FOR THE STAFF TO HEAR.
UM, BUT WE'RE TALKING ABOUT, AS, AS MARTIN SAID, THE 48 FEET.
WE'VE GOT A VERY RESTRICTED, UM, PURVIEW OF WHAT WE ARE.
WE APPROVE AND DON'T APPROVE ON THIS BOARD.
THE ONLY THING ABOUT IT IS HE ALREADY BUILT IT.
SO YOU APPROVED IT AFTER HE BUILT IT AFTER THE FACT.
IT WOULDN'T BEEN OKAY FOR ME TO DO THAT.
AND INDEED I SHOULDN'T BE INTERACTING WITH Y'ALL.
BUT I NEEDED TO SAY, WELL, I UNDERSTAND THAT, BUT THAT'S 48 FEET, BUT THAT'S NOT RIGHT.
I SHOULD HAVE JUST BUILT IT AND SAID, OKAY, I COULD HAVE WENT THROUGH THE, THE SAME THING AND DEALT MYSELF ALONG, ALL DONE ON WEEKENDS AND NIGHTS AND HOLIDAYS TO AVOID CITY INSPECTIONS.
NEXT IS JESUS AND I CAN'T READ THE LAST NAME.
SORRY, I'M INTERPRETING FOR OKAY.
WHAT WOULD YOU LIKE, WHAT WOULD YOU LIKE TO TELL US? HE SAYS, FIRST OF ALL, HE HAS NOT EVEN THE SLIGHTEST THOUGHT MAKING BUSINESS THERE.
OKAY, SECOND OF ALL, HE, HE THOUGHT ABOUT, COULD YOU SPEAK A LITTLE BIT LOUD? WE'RE RECORDING THIS SECOND.
HE THOUGHT ABOUT BUILDING A LITTLE EXTRA THINKING ABOUT HIS SONS AND DAUGHTERS.
IS THAT IN HIS HOUSE? UH, WHICH ORIGINALLY WAS THERE? HE ONLY HAS ONE BATHROOM, SO HE THOUGHT ABOUT BUILDING ANOTHER ONE.
SO LATER ON, HIS SONS OR DAUGHTER, WHOEVER WILL MOVE IN THERE AND BE MORE, I GUESS
THEY EVEN DID A LITTLE CUT INSIDE THERE WITH THE SLAB, WHICH WAS ALREADY THERE TO MAKE SURE EVERYTHING ALL RIGHT.
HE SAID HE FEELS HE'S DOING EVERYTHING ON HIS PROPERTY.
[00:40:07]
HE SAID, HE SAID, YOU GUYS HAVE THIS INFORMATION.AND HE SAID HE, HE DOES AGREE THAT HE WAS WRONG AT THE BEGINNING FOR STARTING OFF, BUT HE NEVER REALLY EVEN GOT TO NOT CLOSE WALLS, NOT AL PLUMBING.
SO HE SAID HE, HE TOTALLY UNDERSTAND HE WAS WRONG WHEN HE STARTED IT, BUT THEN SINCE HE GOT IN CONTACT WITH THE CITY AND PULLING PERMITS, HE SAID HE'S BEEN DOING EVERYTHING HIMSELF TO HIS HANDS TO BE, AND, YOU KNOW, UM, I GUESS GETTING ACQUAINTED WITH ALL THE RULES AND RULES.
YEAH, HE SAID HE'S DOING EVERYTHING HE CAN.
SO WE KEEP EVERYBODY HAPPY WITH YOU GUYS.
AND THE LAST PERSON ON THE LIST IS, UH, LUIS VA VELASQUEZ.
THERE BEING NOBODY ELSE TO SPEAK.
UH, I WILL NOW CLOSE THIS PUBLIC HEARING AND WE WILL GO INTO, UH, STAFF'S REPORT, UH, TO SEE IF WE, UH, UH, APPROVE OR DISAPPROVE OF THE APPEAL OF THE VARIANCE.
MR. CHAIRMAN, IF YOU ARE, UH, OKAY WITH IT, I WOULD LIKE TO GO DOWN THROUGH AND KIND OF ANSWER SOME OF THE QUESTIONS THAT WERE ASKED, IF THAT'S ALL RIGHT.
BUT CAN I JUST MAKE A STATEMENT, AND YOU MIGHT COVER THIS IN YOUR RESPONSES, BUT I THINK A LOT OF TIMES THIS BOARD IS, IS CONSIDERED TO BE, UH, A GRANTER OF WAIVERS FOR ANYTHING.
AND WE'RE NOT, AS THE CHAIR SAID, WE'RE VERY LIMITED IN OUR SCOPE.
WE HAVE NOTHING TO DO WITH SETTING THE CODE.
ULDC IS OUT OF OUR HANDS, THE 75%.
THERE'S NOTHING WE DETERMINE, NOTHING WE CAN OVERRULE THAT'S IN THE CITY'S UNIFIED LAND DEVELOPMENT CODE.
AND, AND WE DIDN'T DEVELOP IT.
UH, IF THIS IS A, A SECONDARY RESIDENTIAL STRUCTURE AND THE CITY'S ALLOWED IT, THAT'S AGAIN NOT OUT OF OUR PURVIEW.
UH, I KNOW WE'VE, WE'VE LOOKED AT MANY, MANY VARIANCES WHERE THE CONSTRUCTION WAS STARTED PRIOR TO A PERMIT AND WE GET STUCK IN THAT SITUATION ALL THE TIME.
AND SO THEN WE HAVE TO APPLY CRITERIA.
WE, WE DON'T, IT'S NOT OUR ROLE TO PENALIZE THE PERSON WHO STARTED THE PROJECT WITHOUT A PERMIT.
IT'S OUR ROLE TO SEE WHETHER THE, THE PROJECT ITSELF AND THE VARIANCE CAN BE GRANTED BASED ON CRITERIA THAT WE HAVE TO GO BY.
SO, YOU KNOW, AS THE CHAIR MENTIONED, YOU KNOW, ALL THE COMPLAINTS ABOUT THE PERMITTING AND, AND ALL THESE OTHER THINGS ARE REALLY OUTSIDE OF OUR SCOPE OF, OF WHAT WE ARE AUTHORIZED TO, TO DISCUSS.
BUT IT'S GOOD INFORMATION FOR THE CITY TO HEAR AND TAKE THAT BACK INTO THEIR ORGANIZATIONS AND, AND REVIEW.
UH, WE, WE ARE HERE ABOUT A VERY, I DON'T RECALL HAVING A MEETING WHERE WE'RE DISCUSSING AN APPEAL TO A DECISION, TO BE HONEST WITH YOU.
FIRST ONE, RIGHT? SO FIRST ONE FOR US, RECORD.
WE'VE NEVER HAD AN APPEAL OF A DECISION MADE.
IN FACT, I, WE DIDN'T EVEN KNOW YOU COULD MAKE THOSE DECISIONS FROM A NEIGHBOR NO.
NO, WE DIDN'T KNOW THAT YOU COULD MAKE AN APPEAL.
YOU COULD GIVE A VARIANCE INSTEAD OF US.
WE, IT'S ALWAYS BEEN US, RIGHT? AND SO THIS IS THE FIRST TIME THAT WE ARE EVEN DISCUSSING AN APPEAL OF A DECISION MADE BY CITY STAFF.
SO THIS IS KIND OF A FIRST ONE, FIRST TIME FOR US AS WELL.
DID I ASK A QUESTION? THANK YOU.
UH, IS THERE A POINT OF CONTACT FOR TAKING THIS DISCUSSION FURTHER, BUT THE DIRECTOR OF PLANNING AND DEVELOPMENT IS THE PERSON WHO, HOW DO WE GO ABOUT DOING THAT? BY LETTER PERSONALLY, WHAT IS THE BEST PROCESS YOU CAN CONTACT? UH, I'LL GIVE YOU MY CARD BEFORE WE LEAVE.
SO, SO JUST, YOU KNOW, SOMETIMES WE GET STUCK IN THE MIDDLE OF A MOBILE HOME'S GOING IN.
WE DON'T DECIDE WHETHER A MOBILE HOME CAN GO IN.
WE JUST DON'T, THAT'S NOT OUR, OUR, UH, THING TO LOOK AT.
SO I, I THINK, UH, MR. SCRIBNER WILL PROBABLY RESPOND TO A LOT OF THE COMMENTS YOU MADE, BUT A LOT OF THE COMMENTS ARE REALLY OUTSIDE.
COMPLETELY UNDERSTAND THE FRUSTRATION.
COMPLETELY UNDERSTAND, YOU KNOW, UH, YEAH.
IT, IT JUST, WE, OUR, OUR SCOPE IS LIMITED TO WHAT EXACTLY WHAT HE SAID.
THEY CAME, WENT THROUGH THE PROCESS AND IT WAS 48.
WE WOULD GRANT THE 48 SQUARE FEET THAT WE'VE GRANTED MORE THAN THAT UNDER CIRCUMSTANCES.
IF THERE'S NO RESTRICTION ON THE ELEVATION OF THE BUILDING AND THE SITE FROM BACKYARDS AND ALL THAT KIND OF STUFF, THAT'S, AGAIN, THAT'S NOT IN OUR PURVIEW.
AND THAT YOU GOTTA TAKE IT IT UP, UH, WITH CITY.
SO, AND INDEED AND INDEED, I'M NOT TRYING, I'M NOT TRYING TO PUSH IT AWAY EXACTLY.
OUR ATTORNEY RIGHT HERE WILL TELL US WHEN WE GET OUTTA LINE.
SO I'M JUST, I'VE JUST SLAPPED ON THE HEAD MANY TIMES AND I DON'T LIKE GETTING SLAPPED ON THE HEAD WHEN WE GO OFF OUT OF OUR AREA OF JURISDICTION.
IF WE TRIED, THAT'S EXACTLY WHAT KAREN WOULD SAY.
SHE WOULD SAY, Y'ALL CAN'T TALK ABOUT THAT.
YOU CAN'T, WE, WE CAN HEAR YOUR STUFF, BUT WE CAN'T REALLY TALK ABOUT IT.
WE'VE LEARN, DON'T WE, AT THESE MEETINGS
[00:45:01]
AND IT DOESN'T HAVE ANYTHING TO DO WITH OUR, UH, JOB TODAY.WE TRY TO DO SOMETHING THAT'S NOT OUR JOB.
UH, THEY'LL FIRE ALL FOUR OF US AND WE GET PAID.
MR. WILSON, MAY I, MAY I ADD IN HERE SANTANA FOR, JUST TO MAKE MAKE IT CLEAR, THE FOLKS WHO ARE SITTING ON THIS SIDE OF THE TABLE, THE FOUR OF US, WE ARE ALL CITIZENS.
UM, WE'VE BEEN ASKED, WE'VE BEEN APPOINTED BY CITY COUNCIL TO SERVE IN THESE POSITIONS.
WE ARE CITIZENS AND PROPERTY OWNERS LIKE ALL OF Y'ALL.
AND WE HAVE A VERY LIMITED, UM, PART OF THE DEVELOPMENT PROCESS THAT WE HAVE ANY RE ANY CONTROL OVER AND WE TAKE IT VERY SERIOUSLY.
BUT MS. HORNER, OUR CITY ATTORNEY WOULD ABSOLUTELY WILL AB DOES STOP US WHEN WE STEP OUTSIDE, UM, OUR VERY TINY SCOPE OF RESPONSIBILITY AND CONTROL.
BUT, BUT WE ARE VOLUNTEER CITIZENS AND WE'RE HERE TO DO WHAT CITY COUNCIL HAS ASKED US TO DO.
AND NO EXCUSE IF IT WAS RIGHT AND SQUARE IN FRONT OF OUR TABLE, WE WOULD TAKE ON WHATEVER IT WAS.
WE, WE'VE TAKEN ON SERIOUS BIG TIME STUFF AND, AND WE WILL.
BUT, UM, IT WAS, ANYWAY, I I DIDN'T MEAN TO INTERJECT THERE AND I'M NOT TRYING TO MAKE EXCUSES.
WE JUST, WE GOTTA NARROW OURSELVES TO OUR ROLE.
WE UNDERSTAND THAT, BUT NOW WE UNDERSTAND THE PROCESS AND WHAT'S THE NEXT STEP AND THAT, AND THAT'S, THAT'S A GOOD OUTCOME.
UM, THE DISCUSSION WE JUST HAD.
SO THOSE WHO WANT TO CONTINUE CONDUCT COMMUNICATING CAN GATHER TOGETHER OUTSIDE THIS MEETING, DECIDE HOW TO PRO TAKE THAT NEXT MEETING.
SO I, I GUESS I'LL START BECAUSE YOU MENTIONED THAT, UM, YOU, YOU WEREN'T AWARE THAT THERE WAS A, A VARIANCE PROCESS THAT WORKS THROUGH THE, THROUGH THE DIRECTOR.
SO THAT IS PART OF THE, THE ULDC.
UH, I PUT IT UP ON THE SCREEN 'CAUSE I WASN'T SURE IF YOU'RE AWARE OF IT, IF IT'S WORKING PROPERLY, YOU WOULDN'T BE AWARE OF IT BECAUSE I HANDLE THAT.
MY STAFF AND I HANDLE THAT AND YOU GUYS WILL NEVER SEE THAT.
HERE IS 'CAUSE IT'S BEEN APPEALED.
SO, UM, SO IT'S NOT THE, IN, IN A ROUNDABOUT WAY, YOU'RE SORT OF DECIDING THE VARIANCE, BUT WHAT YOU'RE REALLY DECIDING IS WHETHER I MADE THE RIGHT CALL OR NOT, ACCORDING TO THE CRITERIA THAT, THAT I WOULD USE AS PART OF THE VARIANCE AND, AND THE INFORMATION THAT YOU'RE USING.
BECAUSE IF, IF THE SQUARE FOOT OF THE PRIMARY STRUCTURE IS IS DIFFERENT, THAT ACTUALLY CHANGES THE VARIANCE REQUIREMENT.
SO IF, IF WE'RE VALIDATING THAT SQUARE FOOTAGE OF THE PRIMARY STRUCTURE, THEN YOU ARE BASING YOUR DECISION, BUT ON THAT PRIMARY SQUARE FOOTAGE.
SO, SO NOW THAT YOU KNOW THAT THAT'S PART OF WHAT, WHAT OUR CONSIDERATION IS, UM, I'M JUST GONNA KIND OF GO DOWN THROUGH SOME OF THE THINGS I WROTE DOWN FROM THE FOLKS THAT, THAT ASK QUESTIONS.
SOME OF THESE ARE, I WOULD JUST CAUTION YOU THAT IT NEEDS TO STAY WITHIN THEIR PURVIEW.
SO A LOT OF THE THINGS THAT YOU HEARD WERE OUTSIDE AND THOSE ARE THINGS THAT YOU CAN WITH FOLKS OUTSIDE OF, OF THIS ROOM.
BUT WE NEED TO STICK WITH, I AM GONNA TALK ABOUT THE SIZE OF THE STRUCTURE AND HOW THAT WAS DETERMINED, BECAUSE THAT IS PART OF YES.
SO THE, THE FIRST PIECE OF THE PUZZLE, UM, MR. DEAN'S, UM, MENTIONED PRIVACY.
UM, AND THAT IS ONE OF THOSE CRITERIA, UH, BASICALLY THE, THE, THE, WHAT IS THE SCREENING AND SO FORTH.
AGAIN, UM, THIS IS A ONE STORY BUILDING AND IT IS CLOSE, UH, TO THE OTHER PROPERTY.
THOSE PROPERTIES ARE SMALL, ALL THE HOUSES ARE PRETTY CLOSE TOGETHER.
THERE IS A, UH, A WOOD PRIVACY FENCE IS SIX FOOT TALL THAT IS IN BETWEEN.
IT GOES ALL THE WAY AROUND THAT STRUCTURE.
SO AGAIN, THAT, THAT WAS OUR DETERMINATION WHEN WE LOOKED AT PRIVACY, IT'S ABOUT AS PRIVATE AS YOU'RE GONNA GET IN A NEIGHBORHOOD LIKE THAT.
CAN I ASK ONE, UH, QUESTION? CLARIFYING QUESTION? YES.
SO THEY MET ALL THE SETBACK REQUIREMENTS, RIGHT? YES, THEY DID.
UM, TO CLARIFY, THEY MET ALL OTHER REQUIREMENTS EXCEPT FOR THIS SIZE REQUIREMENT.
THAT'S THE ONLY THING THAT, THAT WE HAD TO, TO VARY FROM.
UM, YES, THE PROPERTY OWNER DID START WITHOUT A PERMIT.
YES, THEY HAVE GONE THROUGH THE SAME PROCESS THAT ANYONE ELSE WOULD GO THROUGH AT THAT STAGE.
WE HAVE REQUIRED ENGINEERED DRAWINGS.
THEY JUST GOT THEIR, UM, THEY JUST GOT THEIR PERMITS, UM, A MONTH AGO.
SO THERE ARE CERTAIN INSPECTIONS THAT MAYBE HAVE BEEN DONE OR HAVE NOT BEEN DONE YET.
I DON'T HAVE THAT IN FRONT OF ME, BUT THEY'RE REQUIRED TO GO THROUGH ALL THE SAME INSPECTIONS THAT ANY OTHER, UH, STRUCTURE OF THIS NATURE WOULD GO THROUGH.
UH, MR. DEAN'S MENTIONED THE 25% VERSUS THE 75%.
SO 75% IS THE TOTAL OF ALL RESIDENTIAL ACCESSORY STRUCTURES THAT ARE LOCATED ON THE PROPERTY.
THIS IS THE ONLY, THIS IS THE ONLY ONE ON THE PROPERTY.
THE 25% IS A, UM, IS A SPECIFIC REGULATION THAT TALKS ABOUT ACCESSORY DWELLING UNITS.
SO I COULD HAVE A STORAGE UNIT THAT'S
[00:50:01]
NOTHING BUT STORAGE.THAT COULD BE 75% OR IT COULD BE AS IN THIS CASE WE HAVE A, UM, IT'S A COMBINATION.
THERE IS A, UM, AN ACCESSORY DWELLING UNIT CONTAINED IN THIS STRUCTURE THAT WHAT THE CODE SAYS IT COULD, THAT IN ITSELF, THAT SPACE CAN BE 25% OF THE PRIMARY STRUCTURE OR 600 SQUARE FEET, WHICHEVER ONE'S BIGGER.
IT IS, I BELIEVE 585 SQUARE FEET.
SO, UM, THAT PART OF IT, THE ACCESSORY DWELLING UNIT IS WITHIN THE 600 FEET AS DICTATED BY CODE.
AND THEN THE OVERALL STRUCTURE, INCLUDING THE PORCH, IS, UH, AGAIN, WE'RE LOOKING AT THAT 75% OF THE GROSS SQUARE FOOTAGE OF THE HOUSE.
I'M GONNA TALK ABOUT THAT GROSS SQUARE FOOTAGE OF THE HOUSE FOR A SECOND BECAUSE, UM, MS. BRADLEY, UH, MENTIONED THE DIFFERENCE IN WHAT THE PROPERTY OWNER SUBMITTED AS THE GROSS SQUARE FOOTAGE OF THE HOUSE AND WHAT IS INCLUDED IN HCAS RECORDS.
SO IN HCAS RECORDS IT DOES SAY 1045 SQUARE FEET.
WE AS STAFF DEAL WITH THAT INFORMATION DAY IN AND DAY OUT.
WE KNOW THAT A LOT OF THAT INFORMATION IS INCORRECT OR OUTDATED.
UM, IT, IT HAPPENS EVERY SINGLE DAY.
MANY OF YOU, IF YOU GO IN HCA AND, AND YOU ALREADY HAVE A NUMBER IN YOUR HEAD THAT, YOU KNOW, YOUR HOUSE IS 1800 SQUARE FEET AWAY, MANY OF YOU WOULD BE SURPRISED TO LOOK IN THERE AND SAY, OH, IT'S, IT DOESN'T LIST IT CORRECTLY, UH, TO WHAT MY KNOWLEDGE IS.
NOW, WHEN WE GOT THE, UM, THE FLOOR PLANS AND THE SITE PLAN, THOSE WERE DONE BY AN ENGINEER.
THOSE ENGINEERED DRAWINGS WERE GIVEN TO US.
AND THE, UM, THE SQUARE FOOTAGE OF THE PRIMARY HOUSE SAYS 1,450 SQUARE FEET.
WHAT WE DID WAS, AND YOU'LL SEE IN YOUR STAFF REPORTS, UM, WE DID A QUICK OUTLINE OF THAT ON OUR, UM, OUR AERIAL AND OUR GIS SYSTEM AND CAME UP WITH ABOUT 880 SQUARE FEET SOMEWHERE IN THERE, OR 1,880 SQUARE FEET, EXCUSE ME.
UM, AND THEN IF YOU FIGURE IN THE LIKE MAYBE THREE FEET FOR THE EAVES FOR THE, UH, THE SOFFITS, WHICH THEY'RE PROBABLY A LITTLE LESS THAN THAT, UM, THEN THAT DOES BRING YOU DOWN INTO THAT 1450, UH, SQUARE FOOT RANGE.
SO WE FELT THAT BECAUSE OF THAT, UM, THAT MAKES THAT 1450 A FAIRLY REASONABLE ASSUMPTION.
UM, WE DO BELIEVE THAT THE 10 45, UM, IS OUTDATED AND, AND THEY'LL PROBABLY BE ASSESSED AS MUCH, UM, IN THE NEXT CYCLE WHENEVER THAT HAPPENS.
MR. DEAN'S ALSO, UM, TALKED ABOUT HIS PROPERTY VALUES.
AGAIN, IT IS A RESIDENTIAL STRUCTURE IN A RESIDENTIAL NEIGHBORHOOD.
UM, I WILL TELL YOU THAT I HAVE SEEN PEOPLE IN THE PAST, IN 25 YEARS OF BEING IN THE BUSINESS.
I'VE SEEN PEOPLE USE PROPERTY, UM, VALUE AS AN ARGUMENT.
THERE'S A REALLY, REALLY TOUGH ONE TO PROVE ONE WAY OR THE OTHER.
'CAUSE WHAT'LL HAPPEN IS THE PROPERTY OWNER WILL GET AN ASSESSOR, THE NEIGHBOR WILL GET AN ASSESSOR AND THEY'LL SAY OPPOSITE THINGS.
I'VE SEEN IT HALF A DOZEN TIMES AND IT ALWAYS COMES OUT THAT WAY.
UM, UNLESS IT'S SOMETHING OBVIOUS LIKE SOMEBODY WAS PUTTING IN A, A, YOU KNOW, A, A CAR, AN AUTO REPAIR SHOP NEXT DOOR, WHICH COULD DEFINITELY MAKE A NEGATIVE EFFECT ON OUR PROPERTY VALUES.
SOMETHING LIKE THIS, THERE REALLY IS NO CLEAR CUT TO IT DOES OR IT DOESN'T.
UM, BUT AGAIN, IT IS A RESIDENTIAL STRUCTURE IN A RESIDENTIAL NEIGHBORHOOD.
UM, I KNOW MR. HADLER, UH, WAS CONCERNED ABOUT WHETHER THERE WAS A BUSINESS THAT WAS GOING IN HERE.
THERE WAS NO BUSINESS THAT HAS BEEN, AGAIN, THAT WOULD NOT BE ALLOWED BY ZONING.
UM, SO THERE'S NO BUSINESS PROPOSED IN THAT STRUCTURE AND IT IS MOSTLY OF A RESIDENTIAL NEIGHBORHOOD OR RESIDENTIAL NATURE.
SO, UM, STAFF FEELS FAIRLY CONFIDENT THAT IT'S NOT GONNA TAKE BUSINESS.
UM, AGAIN, THERE'S A LOT OF NOTES THAT I HAVE THAT ARE KIND OF OUTSIDE THAT 40 SQUARE PIECE, UM, ISSUE IN TERMS OF DRAINAGE.
I DO WANT TO KIND OF HIT THAT ONE BECAUSE AGAIN, THE STRUCTURE WAS THE, THE PROPERTY OWNER WAS ASKED AND REQUIRED TO GIVE US ALL THE SAME INFORMATION THAT ANYBODY ELSE WOULD HAVE TO IN THAT AREA.
IN FACT, UM, AND WHEN YOU THINK ABOUT DRAINAGE ISSUES, PUBLIC WORKS, UH, OUR ENGINEERING DEPARTMENT DID REVIEW THIS PERMIT BEFORE IT WAS ISSUED.
SO, UM, WE KNOW THAT BETWEEN, UM, PRETTY MUCH BETWEEN THE FIRST OF THE YEAR AND THE FIRST WEEK OF APRIL, THERE WERE LOTS OF ITERATIONS, UH, OF PLANS THAT WERE SUBMITTED.
STAFF WOULD SAY, NO, YOU MISSED THIS, OR THESE 10 THINGS GO BACK AND TRY AGAIN.
THEN THEY WOULD COME BACK AND DO IT AGAIN AND WE MISS SOMETHING ELSE.
SO THAT'S WHY IT TOOK THREE OVER THREE MONTHS TO GET THEM THROUGH THEIR PROCESS.
THAT'S NOT UNUSUAL FOR US, ESPECIALLY IF IT'S SOMEBODY WHO'S DOING THE WORK ON THEIR OWN PROPERTY.
SO WE DO SEE THAT ALL THE TIME.
[00:55:01]
IF THEY MISSED THE REGULATION OR THAT DIDN'T MEET THE REGULATION, WE SEND IT BACK TO THEM TO SAY, OKAY, PLEASE UPDATE THIS SO THAT YOU MEET THE REGULATION.SO THAT'S HOW WE KNOW THAT IT, IT DOES MEET ALL THOSE UNDER REGS.
UH, AND THAT INCLUDES ZONING REVIEW, BILLING, PERMIT REVIEW, IT INCLUDES ENGINEERING REVIEW, ALL THE, AND FIRE GETS A REVIEW OF IT AS WELL.
UM, I I THINK THAT PRETTY MUCH COVERS EVERYTHING THAT I HEARD.
AGAIN, THAT, THAT SHOULD CONCERN YOU GUYS.
UM, I'M HAPPY TO ANSWER ANY OTHER QUESTION EXCEPT WE'RE AT THAT POINT.
DO YOU HAVE ANY QUESTIONS? NO FURTHER QUESTIONS.
UM, JUST FOR INFORMATION PURPOSES, UH, YOU ARE ALLOWED TO BUILD ANOTHER DWELLING ON THE SAME PROPERTY? THAT'S CORRECT.
UH, IT'S CALLED AN ACCESSORY DWELLING UNIT AND IS ALLOWED BY THE ULTC.
WHAT DOES THAT MEAN? I CAN BUILD ON, UH, ANYTHING IN MY BACKYARD MA'AM.
I'M HAPPY TO ANSWER ANY REGULATION QUESTIONS LATER IF YOU WANT.
SO I'LL CLARIFY IF HE WERE ADDING ONTO HIS HOME AND EXTENDING, YOU KNOW MM-HMM
THE BACK WALL OF HIS HOUSE, DOES THE 75% STILL APPLY? NO, IT DOES NOT.
SO BECAUSE IT WAS NOT CONNECTED TO HIS HOME IS WHAT MADE THE 75 CENT APPLY.
BUT IF HE WERE EXTENDING HIS HOME, THERE'S ANOTHER REQUIREMENT ON HOW MUCH OF THE TOTAL LAND USE PLAN YOU COULD USE FOR YOUR STRUCTURE ANYWAY, RIGHT? THAT IS CORRECT, YES.
AND THAT WOULD BE, THAT WOULD BE 60% OF THE LOT COULD BE COVERED, RIGHT? AND IN THIS CASE IT'S THE PRIMARY PLUS SECONDARY, THAT WAS A TOTAL COVERAGE AS WELL.
WASN'T THERE A LIMITATION ON THAT? THAT'S THE 60%.
SO WHETHER IT'S ADD ON OR SEPARATE STRUCTURES.
SO WE, 60%, WE MADE SURE THAT, THAT THIS DID NOT GO OVER 60% TOTAL.
UM, TOTAL, TOTAL, THE BOAT STRUCTURES IS 60% OF THE TOTAL PROPERTY.
LOOKING AT THOSE, THIS, THIS FALLS UNDER THAT BY, WHAT DID WE FIGURE IT TO BE? PROBABLY IT'S IN THE FORTIES.
IT'S NOT, YEAH, IT'S IN THE, I THINK IT'S BELOW FIFTIES.
THE OTHER THING TOO, TO REMEMBER AS YOU THINK THROUGH THAT, AS YOU THINK ABOUT WHETHER IT'S A, A SEPARATED BUILDING, WHETHER IT'S ATTACHED, SO NOW THAT THEY'RE AT 79%, REMEMBER THAT NUMBER WAS 75% OF THE TOTAL, UM, OR TOTAL IF YOU HAD ANY OTHER STRUCTURES IN THE YARD.
SO AT THIS STAGE, MR. MANS WOULD NOT BE ALLOWED TO PUT IN ANY OTHER ACCESSORY STRUCTURES IN THE YARD WITHOUT COMING TO THIS BOARD.
SO I HAD A COUPLE OF QUESTIONS.
I THINK YOU JUST ANSWERED ONE.
WHAT MY QUESTION WAS, HOW DOES ULDC HANDLE VARIOUS SIZES OF LOTS WHEN IT COMES TO BUILDING ACCESSORY UNITS? AND THAT'S WHERE THE 60%, NO MORE THAN 60% OF LOT COVERAGE.
SECOND OF ALL, COULD YOU JUST, JUST FOR CLARIFICATION AND, AND REINFORCEMENT, TELL US AGAIN, STAFF'S, LIMITA OR STAFF'S, UM, ABILITY TO GRANT VARIANCE OR RESPONSIBILITY FOR GRANTING VARIANCES BEFORE IT EVER COMES TO THE BOARD OF VARIANCE? SURE.
WHATEVER REGULATION IS IN QUESTION, UM, I HAVE, AS THE DIRECTOR, I HAVE THE AUTHORITY TO GRANT A VARIANCE OF UP TO 10% OF THAT REGULATION.
SO AS WE WERE LOOKING AT 1088 SQUARE FEET, THEN 4% ADDITIONAL WAS THAT 48 SQUARE FEET.
UM, THAT SAID, WE DO GO THROUGH A PROCESS WHERE WE HAVE THE PROPERTY OWNER, UH, SUBMIT AN APPLICATION, THEY SUBMIT THEIR PLANS, UM, WE REVIEW, AND I DON'T REVIEW THOSE BY MYSELF.
I MAKE SURE STAFF AND I GO THROUGH THEM WITH A FINE TOOTH COMB, MAKE SURE I KNOW EXACTLY.
UM, BECAUSE I WILL ADMIT I HAD NEVER SEEN THIS PRIOR TO THE VARIANCE BEING REQUESTED.
SO AS THE VARIANCE WAS REQUESTED, I SAID, FILL ME IN ON THE DETAILS HERE.
I WANT TO KNOW WHO HAS SPOKEN TO WHO.
I WANT TO KNOW WHAT THE HISTORY IS.
I WANT TO KNOW WHAT THEY'RE REQUESTING.
AND I WANT TO KNOW IF THERE ARE ANY OTHER SOLUTIONS THAT WE MIGHT COME UP WITH.
'CAUSE OFTEN STAFF HAS SOME CREATIVE SOLUTIONS TO, TO GET PEOPLE WHERE THEY, WHERE THEY NEED TO BE.
IN THIS PARTICULAR CASE, WE, WE HAD THOSE MEETINGS, WE TALKED ABOUT IT, UM, AND THEN, UH, I WENT THROUGH THIS CRITERIA AND FELT THAT THEY MET THE, THE, UM, THE, THOSE CRITERIA IN ORDER TO GET THE VARIANCE.
AND JUST ONE MINOR POINT, IF THE BUILDING WOULD'VE BEEN 4% SMALLER, WE WOULDN'T EVEN BE TALKING, RIGHT? THAT'S CORRECT.
SAME COMPLAINTS ABOUT EVERYTHING, BUT WE WOULDN'T BE TALKING.
SO THE BUILDING IS ALLOWED BY RIGHT.
AND YOU, YOU GUYS WOULDN'T HAVE BEEN DOING ANY WORK ON IT OTHER THAN TO VERIFY
[01:00:01]
THAT IT WAS RIGHT SIZE BECAUSE THAT WOULD BE HANDLED ALL THROUGH PERMITTING AND INSPECTION AND CORRECT.IT WOULD NOT EVEN FALL ANYWHERE CLOSE TO THE RESPONSIBILITY OF THIS BOARD.
THE, THE PLANNERS WOULD'VE DONE THE, THE ZONING REVIEW AND SAID, OKAY, IT EITHER MEETS OR IT DOESN'T.
UM, AND THEN, UH, YOU KNOW, AGAIN, WE KICK THE, THE APPLICATION BACK TO THE OWNER TO SAY, OKAY, FIX THIS.
IF THERE ARE NO OTHER QUESTIONS, I THINK WE'RE AT THE POINT OF, UH, THE BOARD VOTING, UH, TO EITHER, UH, GRANT THE APPEAL OR DENY THE APPEAL.
UPHOLD THE DECISION, UPHOLD IT UP OF THE DIRECTOR.
SO I WOULD, UH, REQUEST A MOTION TO, UH, UPHOLD THE DECISION OF THE DIRECTOR IN THIS CASE.
UH, AFTER CAREFUL CONSIDERATION, UM, I MOVED TO UPHOLD THE, UH, THE DECISION OF THE DIRECTOR.
THE DECISION OF THE DIRECTOR WHEN HE GRANTED THE APPEAL.
UPHOLD THE DECISION OF THE DIRECTOR.
DO WE HAVE A SECOND? I A SECOND.
ANY FURTHER DISCUSSION? ALL IN FAVOR SAY AYE.
AND THERE ARE NO NAYS, SO IT'S UPHELD, SIR.
IF YOU WANT TO, TO LISTEN TO, TO LISTEN TO THE NEXT ONE, UM, YOU'LL BE BORED, BUT YOU'RE WELCOME TO STAY OR IS IT THE SAME ONE OR IS IT NO, NO DIFFERENT.
WE'LL GIVE Y'ALL, WE'LL GIVE Y'ALL TIME TO CAN I GET YOUR BUSINESS CARD PLEASE? ALRIGHT, GOOD SEEING YOU.
BUT ANYWAY, MASK, PUT THE WELL KNOWN NAME AROUND PLACE.
TAKE ADVANTAGE OF IT BEFORE THEY TAKE HER OLD FIRST JOB CONTRACT.
I WAS 20 YEARS OLD WHEN SHE DID SO WELL.
I HAVE GRANDCHILDREN THAT AGE AND OH, THERE'S SO MUCH FUN.
WELL, I, YES THE GIRLS SO ABSOLUTE THEY'RE MOVING OUT OF STATE AND SO I'M KEEPING HER WHILE THEY PACK BECAUSE I'LL ENJOY EVERY MINUTE.
PEOPLE GOTTA SEE NOW AS MY DADDY.
SO I ASK YOU JUST KIND OF LIKE, HEY, IT'S A YOUNG, JUST TO KIND OF KNOW I HELD UP.
WELL YEAH, BECAUSE THEY'RE NOT GONNA BE BACK IN MY HOUSE.
AND THEN HE JUST WORKED ALL OVER THE
I WAS A PROCESS ENGINEER THERE IN EXXON, SO THAT'S WHY YOU PROBABLY NOT WE ON HIM TO COME BACK.
ALRIGHT, LET'S MOVE ON TO ITEM
[b. Conduct a public hearing and consider a request for a variance from the Unified Land Development Code (ULDC) Article III, Division 1, Table 3-1 Property development standards to encroach into the required front and side setbacks for the property located at 200 East Republic Street.]
THREE B.AND WE'VE ALREADY, UH, READ THE RULES ON THE PUBLIC HEARING.
SO, UM, SUMMARY OF HERE ON SCREEN.
WE NEED THE, YEAH, LET ME READ THE, UH, UH, THE REQUEST IS FOR A VARIANCE FROM THE ULDC CODE.
UH, ARTICLE THREE, DIVISION ONE, TABLE THREE ONE PROPERTY DEVELOPMENT STANDARDS TO ENCROACH INTO THE REQUIRED FRONT AND SIDE PET SIDE SETBACKS FOR THE PROPERTY LOCATED AT 200 EAST REPUBLIC STREET.
SO THE APPLICANT, YEAH, WORK DOWN.
YOU WANT, DO YOU WANNA COME UP HERE? THE APPLICANT IS REQUESTING, IT'S REQUESTING A VERY ENCROACH INTO THE FRONT YARD SETBACK AT SIX AND A HALF FEET AND REQUESTING TO ENCROACH INTO THE SIDE SETBACK AT 2.68 FEET.
AND THIS IS IN THE SS TWO ZONING DISTRICT.
THIS PROPERTY IS IN THE GEORGE RIGHT SUBDIVISION.
AND IT IS ALSO WITHIN THE REVITALIZATION INCENTIVE ZONE.
THE SUBJECT PROPERTY CONSISTS OF FOUR LOTS, LOTS NINE THROUGH 12.
THIS IS A SITE PLAN OF WHAT IT LOOKS LIKE, WHAT IT LOOKED LIKE WHEN THEY SUBMITTED THEIR APPLICATION.
WHEN THEY PULLED THEIR PERMITS, THEY STARTED
[01:05:01]
CONSTRUCTING THE, WELL, THEY CONSTRUCTED THE CARPORT WITHOUT PERMITS.THE CITY RECEIVED A COMPLAINT AND A NOTICE OF VIOLATION WAS SENT OUT TO THE APPLICANT.
ON DECEMBER, 2020, THE APPLICANT SUBMITTED A PERMIT APPLICATION FOR THE CARPORT JANUARY, 2021.
UPON REVIEW, WE NOTICED THAT IT DID NOT MEET THE SETBACKS.
THAT'S WHY THEY REQUESTED THE VARIANCE.
THE EXISTING CARPORT SUPPORTS THE SECTION SUPPORT SECTION ONE 12 DASH 10 MAINTENANCE OF OFF STREET PARKING AREAS.
THIS RIGHT HERE IS JUST SHOWING THE SURROUNDING PROPERTIES OF NONCONFORMING SETBACKS.
THIS IS A SUBJECT PROPERTY WITHOUT THE CARPORT.
AND THIS IS A SUBJECT PROPERTY WITH THE CARPORT.
SO IT SUPPORTS THE SECTION ONE 12 DASH 10, THE MAINTENANCE OF OFF STREET PARKING.
IT ALSO SUPPORTS THE COMPREHENSIVE PLANT PLANS GOALS GOES FOR COMMUNITY IMAGE REVITALIZE OLDER AREAS.
THE PROPERTY IS IN THE OUTSKIRTS OUTSKIRTS OF DOWNTOWN.
SO TO AN EXTENT IT IS SUPPORTING DOWNTOWN MASTER PLAN AREA ONE DESIGN GUIDELINES FOR OFF STREET PARKING WHERE IT, IT RECOMMENDS TO HAVE OFF STREET PARKING LOCATED AT THE REAR OR SIDES OF THE BUILDING.
THE REQUEST DOES NOT APPEAR TO OBSTRUCT VISIBILITY AND IT APPEARS TO PROVIDE ADEQUATE ACCESS FOR EMERGENCY AND PERSONNEL EQUIPMENT IN THE FRONT AND STREET SETBACK.
I DON'T THINK THOSE PICTURES ARE THERE, I APOLOGIZE.
BUT IF YOU'RE ABLE TO SEE HERE, THERE IS ACCESS, UH, SOUTH SECOND STREET AND THEN EAST REPUBLIC AVENUE.
DO YOU WANT TO GIVE, UH, APPLICANT A, AN OPPORTUNITY TO SPEAK AFTER YOUR, YOUR SURE.
COOL, BECAUSE THEN SHE'LL BE ABLE TO ANSWER YOUR 10 QUESTIONS AT, AT THE, AT THE CONCLUSION OF, YEAH.
DO WE HAVE ANY FOLKS TO SPEAK? THE PEOPLE THAT ARE ON ZOOM? THOSE FOLKS THAT ARE, OKAY.
AND THIS IS OUR RECOMMENDATION.
THE REQUEST DOES NOT MEET THE VARIANCE CRITERIA.
AND WE LISTED THAT NUMBER ONE, THIS IS NOT A HARD, THIS IS A HARDSHIP OF THE APPLICANT'S OWN MAKING.
NUMBER TWO, THERE IS NO SPECIAL CIRCUMSTANCES THAT EXIST THAT ARE PECULIAR TO THE LAND.
AGAIN, THE SUBJECT PROPERTY CONSISTS OF FOUR LOCKS.
IT ISN'T AN OLDER SUBDIVISION, BUT THERE ARE OTHER AREAS ON THAT PROPERTY WHERE THE CARPORT COULD BE PLACED.
AND NUMBER THREE, THE LETTER INTERPRETATION OF THE CODE WILL NOT DEPRIVE THE APPLICANT OF COMMONLY OF APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHERS IN THE SAME AREA.
A CARPORT IS PERMITTED AGAIN WITHIN THE SETBACKS.
THE PROPOSED, THE EXISTING CARPORT THERE JUST DOES NOT MEET IT.
SO IF THEY WERE TO MEET THE SETBACKS, IT WOULD NOT BE AN ISSUE.
HOWEVER, IF THE BOARD DOES DECIDE TO APPROVE THIS REQUEST, STAFF RECOMMENDS THE FOLLOWING.
THE VARIANCE SHALL ONLY BE FOR THE CARDBOARD, THE ENCROACHMENT TO THE FRONT SETBACK OF APPROXIMATELY 6.56 AND A HALF FEET.
AND EAST SIDE YARD SETBACK APPROXIMATELY 2.68 FEET.
IF THE CARPORT IS REMOVED, DEMOLISHED, DESTRUCT, ANY REPLACEMENTS WILL NEED TO COME INTO COMPLIANCE WITH THE CITY'S DEVELOPMENT STANDARDS AND PERMITS.
WHAT THAT MEANS IS THAT IF THEY EVER MOVE IT OR THEY WANNA REPLACE IT, IT WOULD NEED TO MEET THE REQUIRED SETBACKS OF THE UODC.
UM, ALSO RECOMMEND IMPROVE SCREENING IN ACCORDANCE WITH THE MASTER PLAN AREA, DOWNTOWN MASTER PLAN AREA.
AND WE PROVIDED ADDITIONAL INFORMATION, UM, IF IT'S VISIBLE FROM THE STREET FOR OFF STREET PARKING TO BE LANDSCAPED AND SCREENED.
PREFERABLY A DECORATIVE FENCING LOW WALL TO IMPROVE ITS APPEARANCE FROM THE STREET AND MAINTAIN A STREET EDGE.
THE APPLICANT IS REQUIRED TO OBTAIN ALL REQUIRED PERMITS FOR THE EXISTING CARPORT FRONT AREA, AND THERE IS AN EXISTING CARPORT IN THE REAR.
I FORGOT TO MENTION, THROUGH OUR RESEARCH, WE DID NOT FIND THAT THEY HAD A PERMIT FOR THE CARPORT IN THE REAR.
SO THEY WOULD NEED TO SUBMIT AN APPLICATION, A PERMIT APPLICATION FOR THAT TOO.
THAT CARPORT IS NOT PART OF THE VARIANCE, SO THE CARPORT IN THE REAR, THEY'LL NEED TO SHOW THAT IT MEETS THE REQUIRED SETBACKS FOR THAT ONE.
AND LASTLY, ALL INSPECTION SHALL BE CONDUCTED TO DETERMINE COMPLIANCE WITH VOTING CONSTRUCTION STANDARDS.
[01:10:03]
SO DO YOU KNOW? SURE.DO YOU KNOW WHICH ONE IS THE APPLICANT? WHO? CARLA.
SO THIS IS YOUR OPPORTUNITY, CARLA, TO, UH, ADDRESS THE BOARD AND, UH, GIVE YOUR, YOUR SIDE OF THE STORY.
WELL, GUYS, LIKE I HAD, TELL MS. HELEN, IT WAS MY MISTAKE.
I SHOULD'VE ASKED FOR A PERMIT, BUT IT WAS JUST LIKE A, A ONE THING THAT, YOU KNOW, YOU DON'T THINK BECAUSE IT'S LIKE, IT'S JUST THE CARDBOARD.
YOU DON'T, IT'S NOT HURTING ANYBODY.
IT'S NOT GONNA HURT THE BUILDING.
I LEARNED FROM MY MISTAKE, I USUALLY DID IT JUST FOR THE VENTS, THE DAYCARE VENT TO TRANSPORT THE KIDS.
SOMETIMES IT WAS VERY HOT WHEN I WAS TURNING 'EM ON IN THE COLD.
BUT I LEARNED FROM THE MISTAKE, TRUST ME, I WILL NEVER DO THIS AGAIN WITHOUT A PERMIT.
NOT KNOWING THAT IT COULD AFFECT ME THIS WAY, BUT DID IT, IT DIDN'T.
NOW, IT WAS JUST A ONE DAY THING, BUT WE LEARNED FROM THE MISTAKES.
ANYTHING MORE, CARLA? NO, GUYS, IT'S JUST LIKE, IT'S, IT'S NOT, IT'S JUST WE ONLY BUILDING MOLD FOR THE DAYCARE VANS.
IT'S NOT ANYTHING FANCY IF Y'ALL CAN LOOK AT IT.
WE DIDN'T DO NOTHING, YOU KNOW, WE DIDN'T DO ANY CONSTRUCTIONS TO THE BUILDING.
IT WAS JUST THE CARPOOL THAT WE SHOULD HAVE JUST DONE IT THE RIGHT WAY FROM THE BEGINNING.
UH, THANK YOU GUYS FOR LISTENING TO ME.
IS IT K DID SHE, DID SHE SIGN UP TO SPEAK? I, I DUNNO WHO CARMEN IS.
EITHER THERE BEING NO ONE ELSE TO SPEAK.
LET ME CLOSE THE PUBLIC HEARING AND ASK, UH, ASK STAFF TO GO THROUGH THE CRITERIA.
AND YEAH, WE NEED TO GO THROUGH ALL 10 CRITERIA.
AND WE'VE ALREADY, YOU'VE ALREADY NOTED THAT THREE OF 'EM HAVE FAILED AND, AND STAFF'S OPINION AND MY INITIAL COMMENT BEFORE I EVEN KNEW THAT I WENT THROUGH THE SAME SCENARIO AND PICKED OUT THE SAME THREE.
SO I AGREE WITH Y'S CONCLUSION ON WHAT, UH, WHAT CRITERIA THEY HAVE NOT MET.
SO OUR VARIOUS CRITERIA IS REDUNDANT.
SO SOME OF THE ANSWERS MIGHT SEEM COMPETITIVE.
NUMBER ONE, THIS REQUEST, UM, TO ENCROACH INTO THE FRONT SETBACK AND THE SIDE SETBACK WILL NOT AFFECT THE GENERAL LEVEL OF LAND'S COMPATIBILITY IN THIS DISTRICT.
A CARPORT IS PERMITTED IN THE SF TWO DISTRICT AS AN ACCESSORY STRUCTURE.
NUMBER TWO, THIS CRITERIA IS NOT MET.
THIS IS A HARDSHIP OF THE APPLICANT'S OWN MAKING.
AGAIN, THIS IS AN OLD SUBDIVISION.
HOWEVER, OUR PROPERTY CONSIST OF FOUR LOCKS, CAN'T PLACE A CARPORT AND ANYWHERE ELSE WITHIN THOSE SETBACKS, THIS PROPERTY IS NOT IRREGULARLY SHAPED, OR IS IT SMALLER THAN THE SURROUNDING PROPERTIES? CRITERIA NUMBER THREE, IT IS NOT ANTICIPATED THAT THE VARIANCE WILL ADVERSELY AFFECT CHINESE OR PHYSICAL CHARACTER OF THE USE IN THE NEIGHBORHOOD.
THE CARDBOARD IS NOT, IT DOES NOT AFFECT THE SURROUNDING OR THE BUILDING MASS IN THAT AREA.
SO THIS CRITERIA IS MET CRITERIA NUMBER FOUR.
IT IS NOT ANTICIPATED THAT THE PROPERTY VALUES OF THE PROPERTIES WILL BE ADVERSELY AFFECTED BY THE REQUEST.
RESEARCH SHOWS THAT THERE ARE OTHER PROPERTIES SURROUNDING THIS AREA THAT DO NOT MEET THE REQUIRED SETBACKS.
AND THIS MAY BE BECAUSE IT'S AN OLDER SUBDIVISION.
SO IT MEETS THIS REQUIREMENT CRITERIA NUMBER THREE, IT DOES FURTHER THE GOALS OF THE, THE CITY'S COMPREHENSIVE PLAN AND THE VISION OF THE CITY.
IT SUPPORTS COMMUNITY IMAGE AND SUPPORTS THE CITY'S VISION STATEMENT.
WOULD YOU LIKE ME TO READ THAT TO YOU? OKAY.
IT IS CONSISTENTLY, UM, IT IS CONSISTENT WITH THE PURPOSES OF THE UODC.
THE REQUESTED VARIANCE WILL NOT BE INJUR, UM, INJURIOUS TO THE SURROUNDING NEIGHBORHOODS OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE.
AGAIN, IT IS NOT ANTICIPATED THAT THE CARPORT WILL CREATE A VISIBILITY OBSTRUCTION WITH THE NEIGHBORING PROPERTIES, AND IT APPEARS TO PROVIDE ADEQUATE SEPARATION BETWEEN THE PROPERTY AND ADEQUATE CLEARANCE FOR EMERGENCY, UM, PERSONNEL.
SHOULD THERE EVER BE AN EMERGENCY OUT THERE? CRITERIA NUMBER SEVEN IS
[01:15:01]
NOT MET.UM, THERE ARE NO SPECIAL CIRCUMSTANCES THAT EXISTS FOR THIS PROPERTY.
CRITERIA NUMBER EIGHT, AGAIN, THAT CRITERIA IS NOT MEANT.
THE LETTER INTERPRETATION OF THE CODE WOULD NOT DEPRIVE THE APPLICANT OF THE RIGHTS COMMONLY ENJOYED BY OTHERS AND THE SAME AREA.
AND THAT COMES WITH, IF, IF THEY WERE TO PUT THE CARPORT WITHIN THE SETBACKS, THAT WOULD BE ALLOWED CRITERIA.
NUMBER NINE, GRANTING THE VARIANCE WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST, NOR WILL IT SET A PRECEDENT FOR THIS AREA.
THERE ARE MANY OLDER AREAS IN IN BAYTOWN THAT NEED REDEVELOPMENT AND REVITALIZATION.
AND THIS PROPERTY IS IN THE RISK AREA, ENCOURAGES REVITALIZATION.
THE CARPORT IS COMPATIBLE WITH THE EXISTING BUILDING AND SURROUNDING PROPERTIES, AND IT DOES NOT APPEAR TO IMPACT THE OVERALL BUILDING ELEVATION AND MASS IN THE NEIGHBORHOOD.
CRITERIA NUMBER 10, ALTHOUGH IT DOES NOT BRING THE CARPORT CLOSER INTO COMPLIANCE WITH THE ODC SETBACK REQUIREMENTS, IT DOES, IT DOES, UM, MEET THE, THE REASONABLE USE OF THEIR PROPERTY IN ACCORDANCE WITH THE YO C'S PUBLIC HEALTH, SAFETY, WELFARE AND AESTHETIC GOALS.
THIS ONE? WELL, A CLARIFICATION.
WE HAVE BEEN OPERATING IN THE PAST AS A 10 OF 10 RULE.
UM, I THINK WE AGREE WITH THE THREE, UM, THAT DON'T MEET THE CRITERIA.
UM, CAN I ASK WHY WE WERE GIVEN OPTIONS IF WE DO THAT RIGHT THERE? WELL, BECAUSE
THOSE, THOSE THREE ARE NOT VARIOUS OBJECTIVE TO OUR OPINION.
YOU KNOW, THERE WAS NOTHING, THE PROPERTY DIDN'T CAUSE ANY PROBLEMS. THE OWNER DID IT OF THEIR OWN ACCORD.
UH, HOW, HOW DO WE NOT AGREE WITH YOUR OPINION OF THE, UH, CRITERIA? I, I, I THINK WHEN IT'S BEEN A LITTLE MUDDY, YOU KNOW, WHEN IT'S BEEN A LITTLE MUDDY AND WE CAN KIND OF, KIND OF, YOU KNOW, SOME, SOME ADDITIONAL LANDSCAPING, SOME HERE AND THERE AND ALL THAT KINDA STUFF.
BUT THIS, THIS, WE HAVE THREE ITEMS THAT ARE JUST FLAT OUT, DON'T MEET THE CRITERIA.
AND INDEED AND OUR, IN THE PAST, OUR OPTION WAS LIKE, REALLY NONE WHEN THERE ARE THREE CRITERIA NOT MET.
AND INDEED, THAT LEADS ME TO NUMBER 10, WHERE WE, WE USE THE WORD, HOWEVER, A LOT ON NUMBER 10 TO AGREE, UH, IT ON BLACK AND WHITE, HOWEVER, BUT WE DON'T HAVE, HOW, WE DON'T HAVE HOWEVERS, AS GILBERT IS SAYING.
THEN THE OTHER THREE, SO INDEED I AGREE WITH, I WOULD SAY, I MEAN, I, I WOULD, HOW CAN WE APPROVE IT, SAY BLACK AND WHITE, YOU KNOW? I WOULD SAY FACE VALUE, THE NEIGHBORHOOD, THIS IS NOT GONNA MAKE ANY NEGATIVE IMPACT TO THAT NEIGHBORHOOD AT ALL.
JUST FACE VALUE, RIGHT? WHICH IS COVERED IN THE CRITERIA THAT THAT, RIGHT.
BUT, BUT THE THREE, BUT THE, BUT THE THREE THAT, THAT ARE JUST, YOU KNOW, THE PRO, THERE'S NOTHING UNIQUE ABOUT THE PROPERTY.
THEY DID IT ON THEIR OWN, ADMITTEDLY CREATED THE HARDSHIP.
HOW DO WE GET, WE, HOW DO WE GET PAST THOSE? THE VARIANCE SAYS THE BOARD OF ADJUSTMENTS HAS BEEN GRANT A VARIANCE WHEN THE APPLICANT DEMONSTRATES THAT THE VARIANCE MEETS ALL THE REQUIRED, ALL MEETS, ALL REQUIRED CRITERIA BELOW.
AND THAT'S WHAT THE 10 CRITERIA.
SO IF YOU CAN'T DETERMINE THAT IT MEETS ALL THE CRITERIA, YOU CAN'T GRANT A VARIANCE PURSUANT TO YOUR ENABLING KIND.
LIKE, YOU KNOW, AND I ALWAYS GO THROUGH THIS AND I DO PASS AND FAIL.
LIKE IN COLLEGE, YOU EITHER PASS OR YOU FAIL.
AND WE SAY, WE'RE SORRY THAT YOU FAILED, BUT YOU GOTTA TAKE IT AGAIN OR WHATEVER.
SO THEN MY RECOMMENDATION WOULD BE, IF YOU GO BACK TO THE OTHER SCREEN, AGREE WITH STAFF THAT YOU DENY THE VARIANCE.
WELL, YEAH, I DON'T KNOW THAT WE HAVE A CHOICE.
THAT'S THE WAY WE'VE BEEN, THE WAY WE'VE BEEN TAUGHT, THE WAY WE'VE OPERATED, THE WAY WE'VE BEEN BRED,
AND WHEN THERE IS A LITTLE SOMETHING, A LITTLE NEBULOUS THERE, YOU KNOW, SOMETHING THAT YOU GUYS HAVE ADMITTED AS WELL, YOU KNOW, IT WASN'T JUST CLEAR CUT, YOU KNOW, A LITTLE I IRREGULARITY IN THE PROPERTY OR THINGS LIKE THAT.
[01:20:01]
KNOW, WITHOUT THE CRITERIA AND YOU'RE LOOKING AT THE BIG PICTURE, OTHER AREAS IN THE NEIGHBORHOOD NOT DAMAGING ANYTHING BUT 10 CRITERIA APPLIED AND THREE, DON'T PASS.I DON'T KNOW THAT WE HAVE A CHOICE.
AND JUST FOR ANYBODY THIS'S HEARING, IF THIS WAS BROUGHT FORWARD CORRECTLY FROM THE GET GO, THIS STRUCTURE PASSED, WE WE WOULD NOT HAVE APPROVED IT.
IT WOULD'VE WENT THROUGH, IT WOULD'VE WENT THROUGH A PERMITTING, UM, REVIEW.
AND STAFF WOULD'VE NOTED, NOTATED IT AS PART OF THE REVIEW TO SAY, NO, YOU'RE ENCROACHING INTO THE SIDE SETBACK AND THE FRONT SETBACK.
AND THEN WE WOULD ASK FOR IT TO BE RESUBMITTED WITH THEM MEETING THE RULES AND REGULATIONS.
BUT IF THEY INSISTED ON DOING IT THERE AND BROUGHT IT TO US WITH THE VARIANCE ON THE FRONT SIDE YES, SIR.
WE WOULD HAVE TO LOOK AT IT THE SAME WAY, RIGHT.
PRIOR TO IT BEING THERE SAYING YOU DON'T MEET THE CRITERIA.
SO I DON'T, I DON'T, YOU KNOW, I DON'T SEE THE DIFFERENCE IN, YOU KNOW, AND LIKE I SAID, I'M, I LEARNED I MIGHT TAKE A WHILE, BUT I LEARNED AND I LISTEN AND YOU KNOW, THIS IS NOT HOW WE FEEL ABOUT IT.
THIS IS MEETING THE CRITERIA OR NOT.
UH, AND I I, I'M, I'M HAVING TROUBLE WITH OCCASIONALLY WE'VE HAD A LITTLE WIGGLE ROOM AND WE'VE BEEN ABLE TO MAKE A CALL.
I THINK IT HASN'T BEEN AS BLACK AND WHITE.
AND I DON'T KNOW THAT THIS ONE LEAVES ANY, ANY WIGGLE ROOM.
WE'RE CONSTRAINED TO NOT APPROVE THE REQUEST.
AND TO ME, THE ONLY THING THAT CAN HAPPEN IN THE FUTURE IS IF THESE CRITERIA GET MODIFIED IN THE CODE TO ALLOW US SOME WIGGLE ROOM.
BUT THAT'LL BE UP TO, THAT'S A CODE REVISION.
THAT'S A, YOU SERVE AS A JUDICIAL BOARD, IF YOU WILL, ACROSS THE JUDICIAL BOARD.
YOU DON'T DO THE LEGISL, WE HOW TO WRITE IT.
SO REALLY, IT REALLY, IT'D BE UP TO YOU GUYS IF YOU WANT TO, TO RECOMMEND ULDC CHANGES.
CAN I, CAN I ALSO SAY THIS, WE ARE THE CITIZENS.
WHAT IS OUR OBLIGATION AND RESPONSIBILITY WHEN ULDC MODIFICATIONS OR, OR CODE MODIFICATIONS ARE CALLED UPON? OR, OR, AND, AND THEY SEEK CITIZEN INPUT? WE NEED TO BE INPUT.
WE, AND AND I THINK IT'S NOT JUST ESPECIALLY US, THIS PARTICULAR FILE, NOT THIS PARTICULAR, NOT JUST THIS FILE, BUT THE CASE WE JUST HEARD BEFORE THAT.
AND, AND WHAT, WHAT, WHAT IS THE TAKEAWAY FROM, FROM THE, THE PREVIOUS CASE WE HEARD TODAY AND THE CASE WE HEARD LAST MONTH WITH OR BACK IN MAY WITH REGARD TO THE CONTAINER RE OR MONTHS AGO, CONTAIN SHOULD BE CONTAINER.
JUST, YOU KNOW, MY THING IS WE KNOW MORE FROM A CITIZEN'S PERSPECTIVE THAN PROBABLY ANY FOUR PEOPLE IN THIS TOWN, INCLUDING CITY COUNCIL.
UM, I'M SORRY, I DIDN'T MEAN TO TOOT
WE, AS WE AS STAFF, KEEP TRACK OF THINGS LIKE, OKAY, AM I SEEING THIS VARIANCE COME BEFORE THIS BOARD MORE THAN ONCE? MM-HMM
IF I AM, IF I SEE IT TWO TIMES.
UH, BECAUSE WHAT WHAT YOU GUYS, WHAT YOUR DECISIONS DON'T SET POLICY.
AND THEY'RE NOT DESIGNED TO SET POLICY.
THEY'RE DESIGNED TO BE CASE BY CASE BASIS.
YOU GUYS KNOW THAT TO IN TURN A POLICY ON A CASE BY CASE BASIS, RIGHT? SO AS SOMETHING IS DETERMINED HERE, UM, THAT DOESN'T, THAT MAY OR MAY NOT AFFECT MY DECISION ON A POLICY THAT WE LOOK AT WHEN WE'RE MAKING A DETERMINATION ON A PERMIT OR, OR WHATEVER IT IS.
AND SO THAT SAID, IF I SEE IT MORE THAN A COUPLE TIMES, THEN THAT IS DEFINITELY GONNA THROW UP A RED FLAG.
I'M GONNA GO TO NATHAN AND SAY, WE NEED TO GET WITH PLANNING COMMISSION AND SAY WE'D LIKE TO PROPOSE SOME CHANGES.
PLANNING COMMISSION WOULD THEN BRING THAT TO CITY COUNCIL.
OR, OR LIKE ONE THAT WE DID NOT TOO LONG AGO, WE JUST BROUGHT ALL THE INFORMATION TO CITY COUNCIL AND SAID, HERE'S THE WAY WE VIEW IT.
WHAT DO YOU WANT US TO DO? WE DIDN'T GIVE US ANY REAL DIRECTION, BUT THAT'S THAT.
BUT THAT'S UP THEN, THEN UP TO US.
BECAUSE WHAT I'VE FOUND OVER THE YEARS IS THAT IF YOU ASK SOMEBODY WHAT THEY WANT, SOMETIMES IT'S REALLY HARD FOR THEM TO TELL YOU.
BUT IF YOU PUT SOMETHING IN FRONT OF THEM, THEY'LL QUICKLY TELL YOU WHAT THEY HATE.
SO, SO THAT, THAT'S THE NEXT STEP SOMETIMES.
SO QUICK SUGGESTION IS A HEAVY MARKETING CAMPAIGN TO THE COMMUNITY ON THESE THINGS REQUIRE PERMITS THAT WOULD KEEP THEM FROM COMING HERE.
WE WOULDN'T HAVE A JOB IF PEOPLE GOT PERMITS BEFORE THEY CAME, BEFORE THEY BUILT, RIGHT? THAT'S, THAT'S TYPICALLY WHAT THE PROBLEMS ARE.
AND THEN IF THERE UNIQUE SITUATION RIGHT? REQUIRES THEM TO COME HERE PRIOR TO CONSTRUCTION, WHICH WE SEE SOME OF THOSE, THOSE ARE THE REALLY THE ONES WE CAN, WE CAN DO SOMETHING WITH, YOU KNOW, BECAUSE THEY'RE NOT BUILT.
THE STRUGGLE WE HAVE IS SOMETHING'S BUILT AND YOU GO, MAN, WELL THEY ALREADY BUILT IT, YOU KNOW? AND IT'S NOT ABOUT GETTING AWAY WITH IT, IT'S ABOUT IF YOU BUILT IT, BUT YOU STILL MEET THE CRITERIA FOR THE BARR, YOU'RE ASKING FOR, WE CAN GO THERE.
I I GOT A PROBLEM WITH THREE OUT OF 10 NOT BEING MET AND
[01:25:01]
WE, WE'VE OPERATED UNDER THE BASIS THAT ALL 10 HAVE TO BE MET AND THEY'RE NOT.SO, UM, AGAIN, WE'RE CONSTRAINED.
CAN I JUST TO, JUST TO FOLLOW UP WITH, GILBERT HAS ADDED ABOUT, YOU KNOW, A MASSIVE PUBLIC RELATIONS CAMPAIGN.
HOW OFTEN DO WE HEAR PROPERTY OWNERS COME AND SAY, OH, BUT I DIDN'T KNOW.
YOU KNOW, AND FROM A, FROM A CITY EMPLOYEE'S PERSPECTIVE, WELL, IGNORANCE OF THE LAW IS NO EXCUSE AND ALL THAT.
BUT, BUT WHEN THAT PROBLEM COMES TO THIS LEVEL, AND WE SEE IT NOT NOT MONTH IN AND MONTH OUT, BUT FREQUENTLY ENOUGH THAT IT'S A RECURRING ISSUE.
AND, AND I, YES, I UNDERSTAND THAT SOMETIMES CITIZENS COME AND, YOU KNOW, IT'S EASIER TO ASK FOR FORGIVENESS THAN TO BE GRANTED PERMISSION OR WHATEVER.
UM, BUT AS OUR CITY GROWS EXPONENTIALLY THESE DAYS, IT SEEMS, HOW MANY NEWCOMERS ARE WE GONNA HAVE WHO DON'T KNOW THAT THEY HAVE TO HAVE A PERMIT FOR THIS OR THAT THEY CAN'T BUILD A HOME AND A CONTAINER OR WHATEVER.
I'LL GIVE YOU A STATISTIC THAT SHOULD BOTHER YOU.
PROBABLY BETWEEN 30 AND 40% OF THE PROJECTS IN THIS TOWN THAT NEED PERMITS ACTUALLY GET PERMITS.
THE REST THEY DO WITHOUT PERMITS AND WE HAVE NO WAY TO FIND THEM.
AGAIN, THIS IS A GUESS, BUT THAT'S BETWEEN, UM, BUILDING GUYS AND ME, SOMEWHERE BETWEEN 30 AND 40%.
AND THAT, THAT'S, UNLESS SOMEONE REPORTS IT, THAT'S IN BOTH THESE CASES, SOMEBODY COMPLAINED.
AND, AND, YOU KNOW, WELL, I DON'T NEED TO PREACH TO Y'ALL, Y'ALL, I'M, Y'ALL UNDERSTAND HOW IMPORTANT THE AFFIRMATIVE PROCESS IS.
WE DENY THAT THE REQUEST MOVED.
DO WE HAVE ANYTHING ON THE AGENDA REPORT? SOMEBODY, DO YOU HAVE ANY MORE REPORTS? UH, LET'S SEE.
[4. DIRECTOR'S REPORT]
REGARDING ACTION TAKING THE CITY AND PLANNING ON.UH, SO, UH, WE DID HAVE A JOINT MEETING BETWEEN, UH, CITY COUNCIL AND THE, UM, THE PARKS BOARD AND THE P AND Z ALL MET TOGETHER ABOUT THREE WEEKS AGO.
SO ABOUT THREE WEEKS AGO, UM, TO, UH, JUST GET A FIRST LOOK AT THE PARKS MASTER PLAN, AND THAT WAS RECEIVED WELL.
UM, THAT'LL THEN GO TO COUNCIL AT SOME POINT WHEN THEY FEEL LIKE THEY'VE GOT EVERYTHING CLEANED UP, THEY NEED TO HAVE CLEANED UP.
UM, AND THEN WE'VE ALSO SEEN A REZONING AND, UH, PUD, UM, FOR A PRO, A NEW PROJECT CALLED CROSSINGS AT BAYTOWN.
CAN YOU DESCRIBE WHERE THAT'S AT? SURE.
IT'S AT THE, UM, IT'S SOUTH SIDE OF I 10 AND EAST OF CROSBY, CEDAR BAYOU.
AND IT'S ABOUT 140 ACRES OF, UM, MIXED USE DEVELOPMENT.
SO THERE'S GONNA BE APARTMENT COMPLEX, THERE'S GONNA BE TOWN HOMES, ATTACHED TOWN HOMES.
THERE'S GONNA BE DETACHED DUPLEXES.
AND THEN THERE'S ALSO GONNA BE SINGLE FAMILY RESIDENTIAL DETACHED.
ALL WITHIN 140 ACRES, THEY'RE GONNA BE USING AN AMENITY POND FOR A WALKING TRAIL THAT'S, THAT'S GONNA BE RIGHT THERE.
THEY'RE GONNA HAVE A LARGE BOULEVARD AREA COMING OVER FROM NORTH MAINE ALL THE WAY OVER TO THEIR DEVELOPMENT AND THE ENTRANCE TO THEIR DEVELOPMENT.
AND THEN THEY'RE GONNA HAVE COMMERCIAL, UM, A FUTURE COMMERCIAL 30 ACRE SECTION UP AT THE FRONT.
AND THERE'S A FIVE ACRE COMMERCIAL THAT THEY'RE STARTING AT WITH RIGHT AWAY.
AND SO HOPEFULLY IN THE END IT'S GONNA BE, UM, ONE OF THOSE MIXED USE DEVELOPMENTS THAT WE'VE BEEN LOOKING FOR FOR A WHILE.
DEVELOPER? DEVELOPER, UM, I CANNOT REMEMBER.
UM, THE MERITAGE IS ONE OF THE HOME BUILDERS THAT'S GONNA BE OUT THERE.
UM, HISTORY MAKER IS GONNA BE THE OTHER ONE.
UH, AND THEN THE, I THINK THE SINGLE FAMILY DETACHED AND THEY ARE NOT SURE AT THIS PARTICULAR TIME, BUT WE'LL BE COMING.
WELL, WE'LL, WE'LL MAKE A, UM, WE'LL PROBABLY KNOW HERE IN THE NEXT LITTLE WHILE.
BUT THOSE TWO, YOU GUYS ARE HAPPY THAT ARE INVOLVED FROM YOUR UNDERSTANDING.
SO BOTH MYSTERY MAKER HAS NEVER BUILT HERE BEFORE, BUT WE, HE HAVE, THEY HAVE A GOOD TRACK RECORD AND MERITAGE IS, UH, THEY TOOK DOWN, UH, THE OTHER 300 ACRES PLUS, WHICH IS, UH, WHAT WE REFER TO AS, UM, CHAMBERS COUNTY MUD NUMBER THREE.
AND IT'S THAT DEVELOPMENT THAT'S WEST OF 99, JUST UM, NORTH OF KILGORE.
PROBABLY ABOUT 2000 FEET NORTH OF KILGORE.
AND THEY'RE GONNA BE BUILDING THERE.
THEY TOOK OVER THE, UH, THE CONTRACT THAT THE DEVELOPER
[01:30:01]
HAD WITH DR. HORTON AND THEY TOOK ON, THEY'RE GONNA TAKE ALL, UH, THE WHOLE SINGLE FAMILY RESIDENTIAL DEVELOPMENT OVER THERE.SO, AND THEY HAVE A GOOD TRACK RECORD ALSO.
AND THEN IT LOOKS LIKE, UH,
UM, AND THAT WAS FOR WHAT? REMIND ME WHAT THAT WAS FOR.
THAT WAS YOURS, WASN'T IT? THAT WAS EMILIO'S, BUT IT WAS, THAT WAS EMILIO'S.
OH, YES, IT WAS THE REDUCTION OF, AT THE CORNER OF, UM, 1 46 AND I 10.
THERE'S A NEW CHIPOTLE GOING IN THERE.
AND, UM, THE CHIPOTLE, UM, JUST BECAUSE IT'S SUCH A SMALL, KIND OF IRREGULAR SHAPED, UH, OR THE LITTLE, LITTLE BRICK GAS STATION USED TO BE YEAH.
RIGHT ON THE CORNER TO BE CALLED SHOWS ART OR, OR SOMETHING LIKE THAT.
SO THEY, AND AND PLUS ABOUT A YEAR AND A HALF AGO WE CHANGED OUR, OUR LANDSCAPING REQUIREMENTS TO ACTUALLY BE A LITTLE BIT MORE STRINGENT ALONG THE I 10 CORRIDOR.
SO WE INCREASED IT FROM 12 TO 25.
AND SO THEY WERE ASKING FOR IT TO BE CONSIDERED, I'M SORRY.
UM, UH, TO BE CONSIDERED AT THE OLD, UM, WIDTH AND JUST SO THEY WERE ABLE TO FIT ALL THEIR PARKING IN ALL THE OTHER THINGS THAT WENT ALONG.
AND FOR CONSISTENCY PURPOSES, IT WAS, UM, IT WAS APPROVED.
I THINK, UM, YOU PROBABLY KNOW BY NOW, I THINK WE MENTIONED THE LAST MEETING THAT FRED IS NO LONGER WITH US.
SO, UM, BUT WE ALSO HAD, UH, EMILIO IS ALSO NO LONGER WITH THE CITY.
HE IS HEALTHY AS FAR AS I KNOW, IT DOESN'T WORK HERE.
UM, SO YEAH, WE, WE WISH THEM BOTH LUCK AND NOW WE'RE DOING WHAT WE CAN TO, UM, TO GET THOSE POSITIONS FILLED.
SO WE HAD A, A PHONE INTERVIEW THIS AFTERNOON FOR FRED'S POSITION.
SO, UM, SO HOPEFULLY WE'LL SEE SOME NEW FACES, UH, UH, AS WE MOVE FORWARD.
UH, AND THE OTHER THING IS TOO, IS I THINK KAREN SAID SHE WANTED TO DO SOME ETHICS TRAINING FOR YOU GUYS NEXT MONTH.
IS THAT CORRECT? WE HAVEN'T DONE THAT IN QUITE SOME TIME, SO WE NEED TO SURE, YEAH, WE SLIP.
WE SLIP TIME, YOU KNOW, WE NEED TO BE BROUGHT BACK.
SO WILL THAT BE DONE? JUST AS PART OF THE NORMAL RULE? OKAY.
AND I'M NOT SURE, I'M NOT FOR SURE THAT WE'RE GONNA HAVE A MEETING NEXT MONTH.
IT DEPENDS ON, UM, THAT APPLICATION.
SO, UM, I'LL KNOW NEXT WEEK AND I'LL LET YOU GUYS KNOW.
IF NOT, WE WILL HAVE TO BUMP KAREN TO THE FOLLOWING MONTH TO AUGUST, SO WE WON'T HAVE A MEETING.
JUST, WE WON'T DO THAT TO KAREN.
WILL WE ADJOURN? ADJOURN, AJOUR.
YOU LET US KNOW NEXT WEEK ABOUT THE JULY.