[00:00:19]
FOUR OH THREE, AND LET ME CALL
[1. CALL TO ORDER AND ROLL CALL]
THE BOARD OF ADJUSTMENT MEETING TO ORDER, UH, FOR DECEMBER 14.AND IF I COULD ASK, UH, NAY TO CALL THE ROLE.
AND WE HAVE A QUORUM, RIGHT? NAY? YES, SIR.
[2. MINUTES]
ALRIGHTY.UH, ITEM TWO ON OUR AGENDA IS TO CONSIDER APPROVING THE MEETING MINUTES OF JUNE 8TH, UH, OR JUNE EIGHT, REGULAR MEETING, WHICH IS IN YOUR PACKET AND ON YOUR SCREEN.
AND IF YOU NEED TIME TO, I'LL MOVE TO APPROVE.
ANY DISCUSSION OR QUESTION? NOPE.
ANY OPPOSED? MINUTES ARE APPROVED.
[a. Conduct a public hearing concerning a request for variance from the Unified Land Development Code (ULDC) Sec. 3.1 - Property Development Standards to reduce the minimum lot size and the required lot frontage for properties located at 306 East Gulf Avenue.]
ITEM THREE, AS TO, UH, CONDUCT A PUBLIC HEARING CONCERNING A REQUEST FOR VARIANCE FROM THE U-D-L-U-L-D-C FOR PROPERTY FROM SECTION 3.1, PROPERTY DEVELOPMENT STANDARDS TO REDUCE THE MINIMUM LOT SIZE AND A REQUIRED LOT FRONTAGE FOR PROPERTIES LOCATED AT 3 0 6 EAST GULF AVENUE.UM, SO NOW OPEN THIS PUBLIC HEARING.
UH, PLEASE BE MINDFUL THAT EACH SPEAKER IS LIMITED TO THREE MINUTES AND BE CONCISE AND SPECIFIC.
THE PUBLIC HEARING IS BEING HELD FOR THE PURPOSE OF GIVING ALL INTERESTED PERSONS THE RIGHT TO SPEAK AND BE HEARD.
EVERYONE DESIRING TO SPEAK AT TODAY'S MEETING SHOULD HAVE SIGNED THE APPROPRIATE LIST IN THE FOYER, AS THE LIST WILL PROVIDE THE SPEAKING ORDER FOR THE HEARING.
EACH SPEAKER SHALL GIVE HER HER NAME AND ADDRESS IN ORDER TO PROVIDE A PROPER RECORD OF THIS HEARING.
THE RULES ALLOW EACH SPEAKER THREE MINUTES TO PRESENT INFORMATION.
HOWEVER, I ENCOURAGE EVERYONE TO BE AS BRIEF AS TO THE POINT AS POSSIBLE.
IF THERE IS A GROUP OF PERSONS WISHING TO ADDRESS THE BOARD ON THE SAME SUBJECT, WE WOULD ASK THAT THEY HAVE A SPOKEPERSON SPOKESPERSON TO PRESENT THE INFORMATION.
AND IF ANYONE HAS ANY QUESTIONS, PLEASE DIRECT THEM TO ME.
CHRIS, IF YOU WOULD, UH, SUMMARIZE OUR, UH, TOPIC FOR THE PUBLIC HEARING.
AND, UH, TODAY WE HAVE A VARIANCE REQUESTS FROM AN APPLICANT WHO IS SEEKING TO DO TWO VARIANCES.
ONE REDUCED THE LOT SIZE AND THUS ALSO REDUCED THE LOT FRONTAGE.
UM, IN ORDER TO DO SO IN THIS PARTICULAR AREA ALONG GULF STREET, THE APPLICANT OWNS THREE LOTS.
UM, IN THIS AREA, THERE IS A HOME THAT CROSSES OVER THE PROPERTY LINE OF, OF THE TWO LOTS, UM, TO THE EAST OF THIS PARTIC ON THE PARTICULAR SIDE.
AND THEN THE FAR, THE FAR WEST PROPERTY LINE, THAT PARTICULAR PIECE STILL REMAINS UNENCUMBERED AND VACANT.
SO CURRENTLY THIS IS WHAT THE EXISTING AREA LOOKS LIKE.
AGAIN, THE HOME IS ON THE LEFT.
IT CROSSES OVER THE ADJACENT PROPERTY LINE, UM, OF THAT SECOND, THAT MIDDLE LOT.
AND THEN YOU HAVE THE VACANT LOT TO THE FAR RIGHT HERE INSIDE OF THE PHO PHOTOGRAPHS.
YEAH, I THINK YOU GOT YOUR EAST TO WEST BACKWARDS.
UH, EAST IS TO THE RIGHT OF THIS PICTURE, WEST IS TO THE LEFT.
SO THE, THE VACANT LOT IS TO THE EAST? THAT'S CORRECT.
UM, IN THIS PARTICULAR CASE, WHAT WE HAVE IS NEW ZONING DISTRICT THAT IS BEING APPLIED IN THE OLD AREA WHERE THERE WERE ORIGINALLY 25 FOOT BY 100 LOTS, UM, PUT IN PLACE.
SO CURRENTLY THE ZONING DISTRICT REQUIRES THAT YOU HAVE A MINIMUM LOT SIZE OF, UH, CLOSE TO 4,000 PLUS SQUARE FEET.
AND THEN, UM, WHAT THE APPLICANT IS REQUESTING IS TO COME DOWN TO 3,700 AND, AND 50.
THE LOT FRONTAGE IN THEIR PROPOSED SUBDIVISION WILL GO FROM 50 FEET TO 37.5 FEET, AND THAT WILL GIVE THEM TWO LOTS AS THEY PROPOSE.
AND THAT'S WHAT YOU SEE HERE IN THIS PARTICULAR EXHIBIT.
NOW, INSIDE OF THEIR, UH, AGAIN, IN THIS AREA, YOU HAVE A BUNCH OF 25 FOOT LOTS THAT HAVE BEEN UNOFFICIALLY CONSOLIDATED.
THOSE ARE GENERALLY OCCURRING BECAUSE OF THE OLD DEVELOPMENT, AND WE DIDN'T HAVE THE REGULATIONS IN PLACE TO STOP PEOPLE FROM CROSSING OVER PROPERTY LINES AT THE TIME.
SO, INFORMALLY, THE AREA HAS DEVELOPED IN A FASHION WHERE
[00:05:01]
MOST HOUSES ARE ASSOCIATED WITH 50 FOOT FRONTAGES AND 5,000 SQUARE FOOT OF LIVING SPACE FOR THE LOT.UM, AGAIN, IT'S INFORMAL, BUT THAT'S THE WAY THE CHARACTER OF THE AREA EXISTS.
SO WE'RE LOOKING AT EXISTING CHARACTER AS THE MOST DOMINANT THING HERE.
BEING AS THOUGH THE, UH, THE AREA IS OLD, IT HAS OLDER LOTS, UM, WITH 25 FOOT FRONTAGES AND A HUNDRED FOOT DEEP, BUT MOST OF THEM HAVE BEEN CONSOLIDATED INTO ONE.
WHEN WE LOOK AT STAFFS, LOOK AT THE CRITERIA, THE HARDEST THING THE APPLICANT HAS TO MEET IS THE ACTUAL HARDSHIP OF THE PROPERTY BEING NUMBER TWO.
WE DON'T FIND THAT THERE IS, UH, A GREAT HARDSHIP ON THE APPLICANT.
UM, BECAUSE THE DEVELOPMENT RIGHTS OF THAT 25 FOOT BY 100 LOT ARE STILL INTACT.
THE PROPERTY OWNER STILL HAS THE ABILITY TO BUILD THAT LOT.
YES, THEY WOULD HAVE TO CHANGE THE STYLE OF DEVELOPMENT IN WHICH, UH, IT'S TRADITIONAL FOR THE AREA, BUT YET THE RIGHTS ARE STILL IN PLACE.
THAT CONCLUDES OUR PRESENTATION AT THIS TIME.
UH, I'M SURE WE'RE GONNA HAVE SOME QUESTIONS.
THIS PUBLIC HEARING PART, OH, THIS IS A PUBLIC HEARING PART, RIGHT? THERE BEING NO ONE TO SPEAK.
UH, WE'LL CLOSE THE PUBLIC HEARING.
THANK YOU GILBERT, FOR REMINDING ME.
UH, SO THE PUBLIC HEARING IS NOW CLOSED.
[b. Consider granting a variance from the Unified Land Development Code (ULDC) Sec. 3.1- Property Development Standards to reduce the minimum lot size and the minimum lot frontage for property located at 306 East Gulf Avenue.]
LET'S GO ON TO ITEM THREE B TO CONSIDER THE VARIANCE, UH, FROM THE ULDC SECTION 3.1 PROPERTY DEVELOPMENT STANDARDS TO REDUCE A MINIMUM LOT SIZE, A MINIMUM LOT FRONTAGE FOR THE PROPERTY, LOCATED, PROPERTY LOCATED AT 3 0 6 TO EAST GULF.AND MAYBE GO AHEAD, UH, AND EXPAND A LITTLE BIT IF YOU WANT TO, CHRIS, OR WE WILL START WITH QUESTIONS FROM THE BOARD.
J CHRIS, DO YOU MIND IF I JUMP IN FOR JUST A SECOND? SO, UM, SO TO BE REAL CLEAR, STAFF'S RECOMMENDATION IS, UH, A DENIAL OF THE VARIANCE REQUESTS.
UM, THE APPLICANT IS NOT HERE TODAY, SO I, I, I CAN'T SPEAK TO ANYTHING THAT THEY MIGHT HAVE SAID TO YOU GUYS AS A BOARD.
UM, THEY'RE NUMBER TWO IS THE ONE THAT, AS YOU GUYS KNOW, VARIANCES ARE PRETTY, THEY'RE PRETTY TOUGH, UM, BECAUSE OF NUMBER TWO.
NUMBER TWO IS, IS, UH, PROVING THAT THERE IS A HARDSHIP, UM, BECOMES A VERY DIFFICULT THING FOR THEM TO PROVE.
AGAIN, UM, UH, AS STAFF, WE'RE NOT GONNA PROVE THAT THEY HAD A HARDSHIP FOR THEM.
UM, SO THAT IS, THAT IS THE, THE TOUGHEST ONE FOR THEM TO MEET.
BUT THERE ARE OTHER CRITERIA ON THE LIST OF 10 THAT THEY ALSO EITHER DON'T MEET OR PARTIALLY DON'T MEET.
AND AGAIN, I'M, UM, MR. CHAVIS IS THE ONE WHO CAN KIND OF HELP GET THROUGH SOME OF THE SPECIFICS OF THAT AND ANSWER A LOT OF YOUR QUESTIONS, BUT UNDERSTAND THAT, THAT THAT REALLY IS THE, THE BIGGEST PIECE THAT COMES INTO PLAY IS WE LOOK AT IT AND SAY, WE, WE OFTENTIMES WILL LOOK AT VARIANCES TO SAY, WE COULD APPROVE THIS VARIANCE BASED ON THE FACT THAT, EH, IT'S NOT HURTING ANYBODY.
WE, WE WOULD RATHER NOT DO THAT BECAUSE IT REALLY MAKES IT DIFFICULT FOR YOU AS A BOARD AND US AS A CITY TO STAY CONSISTENT.
SO AS LONG AS WE'RE MEETING THE CRITERIA CONSISTENTLY, THAT'S REALLY WHAT, WHAT IT COMES DOWN TO.
I KNOW MR. WILSON, UM, HAD A QUESTION, UH, EARLIER THAT HE AND I WEREN'T ABLE TO, TO CONNECT ON.
UM, BUT, AND I, I THINK THAT KIND OF GETS TO THE HEART OF, OF WHAT, WHERE YOU WERE AT WITH THAT.
I WANTED TO ASK, UH, TWO QUICK QUESTIONS AND THEN, UM, BEFORE WE GO THROUGH THE CRITERIA, UM, JUST ASK, UH, UH, THE REST OF THE BOARD MEMBERS FOR THEIR THOUGHTS AND INPUTS.
UM, WE'VE GOT AN APPLICANT, KATHY FONTANO AND AN OWNER, JASON BODE.
ARE THEY INVESTORS, DEVELOPERS? WHAT, WHAT OR DO WE KNOW? I DO NOT KNOW THE FACTS ON THAT.
WORKS FOR, UM, A PLANNING COMPANY.
SHE IS, SHE, UH, DID THE APPLICATION AND SUCH, AND THE OTHER PERSON IS THE OWNER OF THE PROPERTY.
AND, AND THE OWNER OF THE PROPERTY WANTING TO NOT NECESSARILY LIVE, NOT THAT THAT NECESSARILY MATTERS, BUT, UM, IN THE, IN THE HOUSE, OR DO WE KNOW? I DON'T KNOW IF HE'S PLANNING TO LIVE THERE OR NOT.
DO MR. WI PLEASE, EVERYBODY JUST, JUST JUMP IN.
DOES ANYONE WANNA KNOW IF HE HAS A, A BAYTOWN ADDRESS? IS HE A, DOES ANYBODY KNOW? OKAY.
ORDINARILY THIS IS WHERE WE'D HAND IT OVER TO THE APPLICANT AND SAY, CAN YOU ANSWER THESE QUESTIONS FOR US? SO, I APOLOGIZE THAT WE, WELL, I HAD ASSUMED THEY WOULD BE HERE TODAY, SO, SO, YEAH.
[00:10:01]
GOOD INFORMATION, BUT IT DOESN'T CHANGE THE FACTS OF THE CRITERIA.IN GENERAL, BEFORE WE, IF, IF WE'RE GONNA GO THROUGH THESE ONE BY ONE, THAT'S FINE, BUT IN GENERAL, THE STRUGGLE THAT, THAT YOU MENTIONED, UH, IS THAT IN, IN, IN ONE SENSE WE'RE SAYING WE'RE LOOKING AT THE CHARACTERISTIC OF THE NEIGHBORHOOD.
SEVERAL HOMES HAVE OCCUPIED MULTIPLE LOTS MM-HMM
SO IT APPEARS DRIVING BY THERE THAT SOME OF THESE LOTS ARE TWO AND THREE LOTS WIDE WITH A NICE BIG HOME ON 'EM.
BUT THE LETTER OF THE LAW IN ENFORCING THIS AND NOT GIVING THE VARIANCE MEANS WE'RE LEFT WITH A 25 FOOT WIDE LOT THAT A NON CHARACTERISTICS HOME COULD BE BUILT ON.
WHICH DOESN'T MAKE SENSE EITHER.
SO, ON ONE HAND, WE'RE LOOKING AT THE CHARACTERISTICS TO MAKE OUR DECISION.
ON THE OTHER HAND, WE'RE GONNA STICK SOMETHING IN THERE THAT DOESN'T LOOK LIKE THE REST OF THE NEIGHBORHOOD.
SO, YOU KNOW, MY, MY STRUGGLE ON, ON THIS ONE IS THAT WE HAVE AN EXISTING HOME ALREADY.
IT ENCROACHES INTO A SECOND LOT, LIKE YOU SAID, INFORMALLY, THEY'VE COMBINED TWO LOTS ALREADY.
UM, THAT WOULD BASICALLY SAY THEY WOULD REPLANT THOSE TWO LOTS, HAVE A 50 FOOT FRONTAGE, AND WE'RE LEFT WITH A 25 FOOT LOT THAT COULD DEVELOP A SMALL HOME THAT DOESN'T LOOK LIKE THE REST OF THE NEIGHBORHOOD.
WE COULD SAY THE HOME THAT'S THERE AND SPLITTING THE MIDDLE PROPERTY BETWEEN THE TWO LOTS LEAVES THE EXISTING HOME AND ITS CHARACTERISTIC.
AND THEN THE SLIGHTLY LARGER LOT THAT REMAINS ALLOWS FOR A HOME A LITTLE MORE IN LINE WITH THE CHARACTERISTIC OF THE NEIGHBORHOOD TO BE, TO BE DEVELOPED, WHICH I, TO ME, IMPROVES THE OVERALL LOOK OF THAT NEIGHBORHOOD.
SO THE CRITERIA DON'T FIT, YOU KNOW, THE FACTS DON'T FIT, BUT THE END RESULT LOOKS LIKE WE WOULD BE LEFT WITH A 25 FOOT WIDE LOT THAT SOMEBODY COULD PUT SOME HOME IN THERE THAT DOESN'T EVEN LOOK LIKE IT BELONGS IN THE NEIGHBORHOOD.
SO, YOU KNOW, WE, WE, WE DEALT WITH THAT WHEN WE TALKED ABOUT A ANOTHER LOT THAT HAD SOME, SOME RESTRICTIONS AND A TINY HOUSE COULD BE PUT IN THERE, BUT THAT TINY HOUSE DIDN'T MEET THE CHARACTERISTICS OF THAT NEIGHBORHOOD EITHER.
SO THIS IS WHERE THE APPLICATION, BLACK AND WHITE MEET IT, DON'T MEET IT.
AND WHAT REALLY MAKES SENSE FOR THE GOOD OF THAT NEIGHBORHOOD SORT OF CONFLICT WITH ME.
AND I HADN'T THOUGHT ABOUT THOSE THOUGHTS BEFORE I GOT HERE.
TO ME, IT WAS JUST GONNA BE, AS YOU SAID, BLACK AND WHITE.
THERE'S AT LEAST ONE, IF NOT FOUR CRITERIA THAT AREN'T MET MM-HMM
UM, BUT IT'S NOT ALL THAT BLACK AND WHITE.
MY ONLY CONCERN ABOUT WHAT YOU'RE SAYING, AND I AGREE WITH WHAT YOU'RE SAYING AS WELL, IS UNLESS HE DECIDES TO TEAR DOWN THE HOUSE AFTER WE REPLAY IT AND BUILD SOMETHING THAT'S NON UNCHARACTERISTIC TO THE, YOU KNOW, YOU SEE WHAT I'M SAYING? YEAH.
WE DON'T KNOW WHAT THE INTEREST YOU JUST HAVE TO BE, BUT I, I, I CAN SEE IT BOTH WAYS.
SO IT WOULD BE 2 37 AND A HALF FOOT LOTS INSTEAD OF 3 25 FOOTERS THAT WAS THERE TO START WITH.
SO THE CHARACTERISTIC, EVEN IF THEY TORE THE HOUSE DOWN AND BUILT SOMETHING ELSE, STILL MEETING ALL THE OTHER REQUIREMENTS THAT THE CITY HAS ON SETBACKS AND ALL THAT KIND OF STUFF, YOU'D STILL HAVE TWO LARGER LOTS FOR SOMEONE TO WORK WITH TO ADD TO THE VALUE OF THAT NEIGHBORHOOD.
SO THIS IS WHERE I STRUGGLE WITH WHAT WE TYPICALLY SAY.
IT'S BLACK AND WHITE, YOU MEET IT OR YOU DON'T.
AND IS THAT REALLY MEETING THE INTENT OF IMPROVING THE CHARACTERISTICS OF THAT NEIGHBORHOOD? 'CAUSE I, I CAME IN HERE, I'M TELLING YOU TODAY, I CAME IN HERE WITH BLACK AND WHITE, EASY SLAM DUNK.
SEE YA, YOU KNOW, THREE OR FOUR ARE HARD TO OVERCOME.
YOU LOOK AT IT, YOU CAN FEEL YOUR WAY THROUGH IT.
YOU KNOW, MAYBE A LITTLE SUBJECTIVE ON THE APPROACH, BUT IN THIS CASE, IT WAS PRETTY STRAIGHTFORWARD UNTIL I REALLY DROVE, I DROVE BY THERE AND I LOOKED AT WHAT WOULD BE LEFT.
YOU KNOW, YOU THINK ABOUT THE HOMES THAT WERE BUILT TO BEGIN WITH THAT WERE ON 25 FOOT WIDE LOTS, THEY PROBABLY DIDN'T HAVE ALL THE OTHER SETBACK REQUIREMENTS THAT WE IMPOSED TODAY.
SO WE'RE IMPOSING THESE, THESE SF TWO CRITERIA INTO A NEIGHBORHOOD THAT WAS NEVER DEVELOPED, THAT COULD EVER MEET THAT CRITERIA.
AND, AND YET WE'RE STILL IMPOSING THAT CRITERIA.
AND ANYTHING OTHER THAN THAT REQUIRES A VARIANCE.
I, I THINK ORDINARILY WHAT WE WOULD LOOK AT FROM STAFF'S STANDPOINT IS IF WE HAD, SAY WE HAD, UM, THREE DIFFERENT APPLICATIONS IN THIS AREA, THAT THEY ALL WANTED THAT SAME THING, WE WOULD LOOK AT IT AND GO TO COUNCIL AND SAY, STAFF IS RECOMMENDING THAT YOU REONE THIS AREA TO SOMETHING THAT'S A LITTLE TIGHTER.
UM, BECAUSE THAT WOULD THEN MEET THE CHARACTER OF THAT AREA AND THAT WOULD MAKE IT, THAT WOULD THEN ALLOW THEM TO DO THAT STUFF.
AND THEN WE'D HAVE 'EM REPL THE WHOLE THING.
THIS PLOT'S A HUNDRED YEARS OLD.
SO, SO I, I GET WHAT YOU'RE SAYING.
AND, AND THAT IS, UM, OBVIOUSLY THAT'S THE PURVIEW OF THIS BOARD.
THAT'S WHY STAFF DOESN'T GET TO MAKE THIS, THIS DECISION, UM, BECAUSE WE LOOK AT IT A LITTLE MORE BLACK AND WHITE.
BUT AT THE SAME TIME, LIKE I SAID, I THINK IF,
[00:15:01]
IF WE SAW MORE THAN ONE ISSUE, MORE THAN ONE PROPERTY HAVING THAT ISSUE, WE WOULD GO AND SAY, CITY THINKS THIS SHOULD ALL BE REZONED TO SOMETHING THAT MAKES IT EASIER FOR EVERYBODY TO DEVELOP WHILE WE LOOK AT IT AND SAY, OKAY, YOU'VE GOTTA HAVE A 50 FOOT WIDTH.YOU'VE GOTTA HAVE, UM, 5,000 OR 45, 45, 80 5,000 SQUARE FOOT, UM, LOT THE, THE ONES THAT ARE OUT THERE NOW.
SO I, WE TRY TO PUT OURSELVES IN THAT POSITION TOO.
YOU PUT YOURSELF IN THAT POSITION TO SAY, WHAT IF I'M THE NEIGHBOR AND YOU GUYS COME IN AND YOU EITHER DO THE TWO HOMES ON 2,500 FEET, OR YOU'VE GOT THE ONE GUY, THE ONE LOT THAT'S ONLY, UH, UM, YOU KNOW, 1500 FEET AND I'M GONNA PUT A HOUSE ON THAT.
I AM NOT SAYING IT'S AN EASY DECISION.
UM, AND I DON'T EVER SEE VARIANCE AS BLACK AND WHITE.
I THINK VARIANCES ARE, ARE ALWAYS TOUGH TO DO BECAUSE OF THAT.
THERE'S A LOT OF DIFFERENT THINGS GOING ON.
SO, UM, SO THAT'S, THAT'S REALLY A LOT OF WHAT, UM, CHRIS AND I AND, UM, HELEN, OUR PLANNER, WE, WE HAD A LOT OF CONVERSATIONS ABOUT THIS ON WHICH DIRECTION TO GO.
SO, UM, STAFF SEES IT BOTH WAYS.
AND YOU HAVE THE ABILITY, OBVIOUSLY TO GO WHICHEVER DIRECTION YOU FEEL IS, IS RIGHT.
I DO HAVE TO WARN YOU, YOU DO HAVE THE OBLIGATION TO FOLLOW THE LAW, AND THE LAW IS THE CRITERIA.
SO YOU HAVE TO FIND THAT, UH, THAT EVERY SINGLE ONE OF THOSE CRITERIA ARE MET IN ORDER TO GRANT THIS VARIANCE.
IT'S, IT SOUNDS LIKE IT'S MORE OF A LEGISLATIVE ISSUE, NOT A JUDICIAL ISSUE.
YOU SIT HERE AS PART OF THE JUDICIAL ISSUE, JUDICIAL BRANCH, AND SO YOU HAVE TO APPLY THE LAW AS IT'S GIVEN TO YOU.
THE LAW IS GIVEN TO YOU BY THE CITY COUNCIL WITH THOSE CRITERIA.
SO IF YOU FIND THAT THEY MEET ALL THE CRITERIA, YOU CAN GRANT THE VARIANCE.
IF YOU FIND THAT IT MISSES ONE, IT, YOU CANNOT GRANT THE VARIANCE.
AND, AND SO I'M NOT ARGUING THAT POINT.
WE'VE HAD THAT CONVERSATION MANY TIMES BEFORE.
AND I DON'T CARE ABOUT THE DEVELOPER AND WHAT THEY CAN BUILD.
BUT WE'RE GONNA END UP WITH A 25 FOOT WIDE LOT WHEN THIS IS ALL SAID AND DONE, THAT IF SOMEONE TRIES TO PUT SOMETHING IN THERE, IT IS GONNA LOOK LIKE THE REST OF THE NEIGHBORHOOD.
SO FOR THE RECORD, WE ALREADY HAVE A 25 FOOT LOT.
SO THAT, I GUESS WHAT WHAT IT COMES DOWN TO IS IT, IT JUST WOULDN'T CHANGE.
AND SO WHAT'S HAPPENED IS, AS YOU'VE MENTIONED, INFORMALLY, MANY FOLKS IN THIS AREA HAVE CONSOLIDATED LOTS INFORMALLY, AND SO ON THEIR OWN, THEY HAVE GROWN THE LOT SIZES, NOT BECAUSE CITY REQUIRED IT OR BECAUSE THERE WAS SOME MINIMUM STANDARD.
THEY BASICALLY IMPROVED THEMSELVES, MAYBE NOT FOLLOWING THE PROPER PROCEDURE, BUT THEY'VE NOT HURT THEMSELVES.
SO I, I GET, YOU KNOW, I GET WHAT WE'RE BEING INSTRUCTED TO DO.
AND IN THAT CASE, IT IS PRETTY MUCH, YOU KNOW, WHAT YOU GUYS SAY, BECAUSE IT IS BLACK AND WHITE.
IF, IF WE, IF WE, UH, DENY IT, WHICH IT FEELS, I FEEL LIKE WE HAVE TO, DOES STAFF HAVE A PLAN TO GO BACK TO THE APPLICANT OR THE OWNER AND SAY, WELL, ANYTHING? WELL, IN THE, IN THE END, THEY GET A, THEY GET A 50 FOOT LOT AND A 25 FOOT LOT.
I MEAN, IT IS AT THE WHAT THEN IF, IF THAT'S IT.
IF MIS DROP, SORRY, IF, IF IF WE VOTE NO, WHICH, IF WE, IF WE DENY THE REQUEST FOR VARIANCE, WHAT THEN? SO WE, WE WOULD ALWAYS INSTRUCT THE APPLICANTS THAT, OKAY, HERE ARE YOUR, HERE ARE YOUR OPTIONS AT THAT POINT.
SO AGAIN, THEY COULD CONSOLIDATE LOTS.
THEY COULD CONSOLIDATE THE TWO, THEY COULD CONSOLIDATE ALL THREE IF THEY WANTED TO.
UM, IF THEY'RE LOOKING TO, TO, UH, AND IT DID LOOK, UH, KAREN FOUND THE PROPERTY OWNER TO BE AN LLC, SO THAT WOULD LEAD US TO BELIEVE THAT THEY'RE GOING TO JUST DEVELOP THAT OTHER LOT AND, AND SELL IT OFF.
UM, AGAIN, THAT'S CONJECTURE BASED ON WHAT WE'RE SEEING ON THE, ON THE HCAS RECORDS.
UM, AND SO THAT MAKES ME FEEL, I MEAN, THEY COULD CONSOLIDATE THEIR LOTS.
WE'RE NOT SAYING THAT THEY COULDN'T, THEY COULD CONSOLIDATE.
BUT THAT WON'T, THAT WON'T ALLOW THEM TO BUILD ANOTHER HOUSE.
I GOT, WE DID, WE DID BRING UP TO, WELL WE BROUGHT UP IN-HOUSE, I DON'T KNOW IF WE BROUGHT THIS UP TO THE APPLICANT OR NOT.
WE DID BRING UP THE FACT THAT THEY COULD DO, UH, AN ACCESSORY DWELLING UNIT ON THAT LOT, UM, WHICH THEY CAN'T SELL OR RENT OUT MM-HMM
BUT IF THEY NEEDED, YOU KNOW, GRANNY FLAT OR SOMETHING LIKE THAT, THEY WOULD BE ABLE TO DO THAT.
UM, THAT, THAT HAS ITS LIMITS, OF COURSE.
UH, BUT THAT, THAT IS A POSSIBLE THING.
THEY COULD BUY UP OTHER LOTS AROUND IT.
IF THERE ARE ANY THAT ARE AVAILABLE, I DON'T KNOW THAT THERE ARE, AND, AND THEN CONSOLIDATE FROM THERE AND BE ABLE TO DO SOMETHING A LITTLE BIT LARGER.
THEY COULD, YOU KNOW, POTENTIALLY BUY UP THE WHOLE, IF IT'S A COMPANY, THEY COULD BUY UP THE WHOLE BLOCK AND REPL IT TO SF TWO STANDARDS THEY COULD
[00:20:01]
DO.SO THERE'S A LOT OF WHAT IFS, TO BE HONEST.
AND AGAIN, WHEN, WHEN WE LOOK AT WHAT THE, WHEN THE APPLICANT PURCHASED THE PROPERTY, THEY PURCHASED THE PROPERTY, IDEALLY IF THEY KNEW WHAT THE ZONING WAS ON THE, ON THE PLAT OR ON THE, ON THE GROUND, AND THEY KNEW THE SIZE LOTS THAT THEY HAD WHEN THEY PURCHASED IT, THEY KNEW THEY HAD A HARDSHIP WHEN THEY PURCHASED IT.
IT'S, THEY HAVEN'T BEEN AT THIS PROPERTY FOR 50 YEARS, SO THEY'RE FAIRLY NEW TO THE, TO THE PURCHASE, UM, OF THE AREA.
SO IF THEY DID THEIR DUE DILIGENCE, THEY KIND OF WENT IN TO THE SITUATION.
IT WASN'T A HARDSHIP THAT WAS PLACED ON TOP OF THIS PARTICULAR APPLICANT AND THE CURRENT OWNER, UH, PURCHASED THIS PROPERTY JUST ABOUT A YEAR AGO.
AND LIKE I SAID, I, I COMPLETELY, UH, I'M A, I'M A BY THE RULES KIND OF GUY.
UH, THE, THE STRUGGLE IS WHEN WE TRY TO APPLY THESE GENERAL RULES TO DIFFERENT PARTS OF TOWN THAT, THAT ARE VERY DIFFERENT YEAH.
IN, IN NATURE AND, AND WHATEVER.
BUT IT SOUNDS LIKE AT THE END OF THE DAY, IT'S A CONDITION OF THE MARKET IN WHICH THIS BUYER, THIS OWNER BOUGHT THE PROPERTY AND IT IS WHAT IT IS.
AND IF THEY KNEW OR DIDN'T KNOW, THAT'S, THAT'S THE MARKET THAT'S, THEY BOUGHT THREE PROPERTIES.
WELL, I DON'T KNOW ABOUT Y'ALL, BUT IF YOU READ THROUGH THE CRITERIA, THEY'RE PRETTY SELF-EXPLANATORY AND MM-HMM
AT LEAST THREE TO FOUR OF 'EM DIDN'T MEET THE CRITERIA.
THE WAY I LOOK AT 'EM TWO AND SEVEN AND EIGHT AND 10 FAIL.
I'M, I WAS CONFUSED ON NINE, BUT IT DOESN'T MATTER IF ONE FAILS, ONE FAIL, WE, WE, WE STILL ARE BY THE LAW, CAN'T, CAN'T APPROVE IT.
AND, AND I'M GLAD TO HEAR THEY'VE GOT SOME OPTIONS.
THEY CAN STILL DO THEIR, UM, DO SOMETHING THAT IS APPROPRIATE, REPLANTING, ET CETERA, AND BUILD AND MAKE MONEY, WHICH, WHICH IS GOOD.
ACQUIRE PROPERTY TO THE EAST AND THEN HAVE TWO 50 FOOT WIDE LOTS, YOU KNOW, REPLANT THAT WAY AND THEN DO WHAT THEY WANT.
BUT YEAH, THAT'S NOT OUR, THAT'S NOT OUR YEAH.
THAT THE MARKET, I MEAN, HE, THEY COULD REPLANT IT AND SELL IT AS A SINGLE LOT.
BUT THEY'RE, THEY'RE NOT WITHOUT OPTIONS.
UM, I THINK I WOULD, ARE WE SUPPOSED TO GO THROUGH, DO WE HAVE TO GO THROUGH EACH ONE OF THEM? NO, NO, NO.
MR. WILSON, WOULD YOU, SOMEBODY LIKE TO MAKE A MOTION, I MOVE THAT WE DENY THIS REQUEST FOR A VARIANCE.
SECOND, UH, POINT OF CLARIFICATION.
THERE ARE TWO VARIANCES ON THE TABLE.
DO, CAN WE DO 'EM ONE OR TOGETHER? DO 'EM TOGETHER? YEAH.
UH, MR. WILSON, THEN, UH, TO CLARIFY MY MOTION, I MOVE THAT WE RE UH, DENY BOTH REQUESTS FOR VARIANCE, BOTH, BOTH THE REDUCED A MINIMUM SIZE AND, UH, THE MINIMUM LOCK FRONTAGE.
ANY FURTHER DISCUSSION? ALL IN FAVOR SAY AYE.
ANY OPPOSED? THE, UH, VARIANCE IS
[4. DIRECTOR'S REPORT]
DENIED.ITEM FOUR DIRECTOR'S REPORT, PLEASE.
OH, CAN YOU, CHRIS, CAN YOU ADVANCE THAT? I DON'T KNOW WHAT THE REPORT IS,
UH, SO, UH, COUNCIL HAS APPROVED A, UH, A ZONING MAP AMENDMENT, UH, TO, UH, LIV LIVABLE CENTERS AND WITH A PUD OVERLAY AT, UH, THAT'S CROSSINGS AT BAYTOWN.
UM, THAT WAS UP AT, THAT'S NORTH OF I 10.
IT'S, UM, CEDAR, BYU CROSBY, CEDAR, BYU, AND NORTH MAINE.
AND NORTH MAIN AND NORTH MAIN BETWEEN THOSE TWO.
THAT'S AT THE LAST MEETING WHERE IT WAS, UH, TOUTED THAT IT WAS SOUTH OF I 10, NOT NORTH.
I KNOW THE MAYORS THINK THAT HERE AND THOUGHT THAT WAS REALLY GOOD.
THIS ONE'S A LITTLE OLDER THAN THAT.
NO, THAT'S NOT, THAT'S NOT, UM, SURE.
AND THEN WE HAD A ZONING MAP AMENDMENT AT, UH, EAST POINT BOULEVARD.
THAT ONE IS, UH, IT WAS FROM GENERAL, UH, GENERAL COMMERCIAL TO MF TWO.
THAT WAS AN APARTMENT COMPLEX THAT IT ALREADY EXISTS.
UM, AND SO WE WERE JUST BRINGING IT INTO COMPLIANCE.
SO THEY WERE LOOKING FOR, UH, THEY HAD A, A BUYER RIGHT.
AND SO IN ORDER TO BE ABLE TO REBUILD SHOULD SOMETHING HAPPEN, IT MADE SENSE TO REZONE TO MF TWO FOR THEM SO THAT THEY'D BE ABLE TO DO WHATEVER THEY NEED.
IT'S THAT, THAT, UH, COMPLEX IS FOUR, FIVE YEARS OLD TOPS.
UM, SO THAT'S NOT GOING ANYWHERE.
AND THAT, THAT'S, THAT MADE SENSE.
THAT'S, THAT'S CALLED THE REVELLA, MY SON.
UH, THERE WAS A ZONING MAP AMENDMENT, UH, AND ANNEX, UH, BAY CREEK, THAT WAS FROM OPEN SPACE RECREATION
[00:25:01]
TO SF TWO.REMIND ME THAT ONE'S BEEN A MINUTE.
UM, I WANT TO SAY THAT ONE IS ON GARTH AND VILLE IN THAT GENERAL AREA.
UH, THE COUNCIL APPROVED A ZONING MAP AMENDMENT, UH, ON BLUE HERON EAST OF BARLOW.
THIS TWO MF ONE, THIS WAS, UM, RIGHT NEXT TO THE SCHOOL THAT'S RIGHT THERE ON THE NORTH SIDE OF, UH, OF BLUE HERON.
AND THAT WAS FOR A SENIORS, UM, BASICALLY APARTMENTS FOR, FOR SENIORS.
BUT THEY'RE KIND OF, THEY'RE ONE STORY, UM, ALMOST LIKE PATIO HOME TYPE SETUP.
UM, TO MY KNOWLEDGE, THEY HAVEN'T STARTED BUILDING THAT YET, BUT THAT WAS CLEAR.
THEY'RE CLEARING, THEY'RE CLEAR.
SO THEY'RE CLEARING ON THE OTHER SIDE OF THE ROAD.
WE HAD HEARD, UM, SOME, SOME FOLKS HAVE QUESTIONS ABOUT WHAT'S HAPPENING ON THE OTHER SIDE OF THE ROAD.
THERE IS SOME DRAINAGE THAT THEY NEED TO DO ON THE, ON THE SOUTH SIDE OF BLUE HERON, WHICH IN ORDER TO DO THAT, THEY'RE GOING TO HAVE TO ANNEX THAT PROPERTY INTO THE, INTO THE CITY.
THE ONE IN QUESTION HERE WITH THE MAP AMENDMENT, THAT ONE'S ALREADY IN THE CITY, BUT THEY WENT AROUND THE OTHER PROPERTY.
UM, HE, HE ALREADY, UH, IS AWARE OF THAT AND HE'D PROBABLY BE ANNEXING THAT PROPERTY IN AS WELL.
UM, TO MY KNOWLEDGE, HE HAS SOME THOUGHTS ABOUT DEVELOPING ON THAT OTHER PROPERTY.
UM, IN THE FUTURE, UH, LET'S SEE.
WE HAD A SPECIAL USE PERMIT FOR A CELL TOWER, 130 FOOT CELL TOWER.
DOES THAT SOUND RIGHT? IT'S DECKER AND F ROAD? I THINK SO, YEAH.
UM, SO THAT'S JUST A STRAIGHT CELL TOWER, UH, ZONING MAP AMENDMENT AT 7,300 EAST FREEWAY.
THIS WAS TO GENERAL COMMERCIAL THAT WAS FOR ELLIOT ELECTRIC.
THEY'RE DOING A, UM, ELECTRIC WAREHOUSE, ELECTRICAL WAREHOUSE.
GOD, THIS, THAT'S BEEN A WHILE.
WE HAVEN'T HAD A MEETING SINCE, UM, JUNE.
SO THIS IS EVERYTHING COUNCIL'S DONE SINCE JUNE
SO THAT ONE WAS, THAT ONE WAS RELATIVELY SMALL.
LIKE TWO AND A HALF ACRES OR SOMETHING LIKE YES, SIR.
UM, THAT ONE'S RIGHT ALONG THE, UH, INTERSTATE, UH, ZONING MAP AMENDMENT AT CEDAR BAYOU AND F STEEL ROAD, UH, FROM SF TWO AND NSC TO GENERAL COMMERCIAL.
UM, THAT WAS FOR I THINK A TOTAL OF ABOUT FOUR AND A HALF ACRES.
THE NEIGHBORS CAME OUT AND SAID, WE DON'T LIKE THAT.
SO THAT WAS DENIED BOTH BY PLANNING COMMISSION AND BY CITY COUNCIL.
UH, AND ANNEXATION ZONING MAP AMENDMENT AT ELLIS SCHOOL ROAD TO, UH, GENERAL COMMERCIAL.
HOW WE, THAT, THAT'S FOR A WAREHOUSE.
THAT'S FOR THE, OH, THAT'S THE, THAT'S UP BY BAWA.
IT'S RIGHT ACROSS THE STREET FROM BAWA.
THAT ONE IS HOW MANY ACRES? UH, WHY AM I THINKING NINE ACRES? I APOLOGIZE.
I WAS OUTTA TOWN ALL, ALL WEEK LAST WEEK,
UM, AND THEN ANNEXATION AND ZONING MAP COMMANDER AT SHO LANDER AND EAST FREEWAY TO LIGHT INDUSTRIAL.
UM, THERE WAS A BIG CHUNK OF LAND UP THERE BY THE INTERSTATE THAT WAS ALREADY LIGHT INDUSTRIAL.
WELL, THERE'S ONE THAT'S I THINK A TOTAL ABOUT 65 ACRES.
ABOUT HALF OF THAT WAS ANNEXED AND, UM, REZONED TO LI THE REST WAS ANNEXED BUT NOT REZONED.
IT IS STILL OPEN SPACE RECREATION.
IT IS ON THE CORNER OF SHO LANDER AND THE FRONTAGE ROAD UP THERE.
UH, AND THEN A SPECIAL USE PERMIT AT, UM, 9,300 NEEDLEPOINT FOR A RAIL YARD.
AGAIN, THIS IS EXISTING LIGHT INDUSTRIAL OR PROBABLY HEAVY INDUSTRIAL, UM, WHERE THEY WERE JUST PUTTING IN A, A RAIL YARD TO SERVICE THAT, THAT AREA.
AND THEN, UH, LIMITED PURPOSE ANNEXATION, A 514 ACRES, UH, EAST VILLE RODENT GARTH, THAT IS THE FRIENDSWOOD DEVELOPMENT.
THAT IS, WHAT'S THE TOTAL ACREAGE ON THAT? IT'S LIKE 2000 ACRES ON FRIENDSWOOD.
I WAS THINKING THE ENTIRE, THE THING IS BIGGER THAN THAT.
YEAH, YOU'RE NORTH OF 2000 ACRES UP THERE.
UM, BUT IT WAS ONLY 514 HERE AS, AS PART OF THE LIMITED PURPOSE ANNEXATION.
THEY'RE DOING IT IN CHUNKS, UH, IN, UH, THIS IS DUE TO A, UH, DEVELOPMENT AGREEMENT THAT WAS DONE FOUR OR FIVE YEARS AGO, SOMETHING LIKE THAT.
THERE'S ABOUT 300 HOMES UP THERE THAT ARE ALREADY BUILT.
AND SO THIS IS JUST, WE'RE JUST GETTING THE NEXT CHUNK.
YOU'LL SEE ANOTHER CHUNK AFTER THAT UNTIL THEY GET THE ENTIRE 2000 ACRES, UH, ANNEXED.
AND AGAIN, IT'S LIMITED PURPOSE ANNEXATION.
SO THERE'S STILL THINGS THAT WE DON'T PROVIDE CERTAIN SERVICES AND THEY DON'T GET THE, THE BENEFITS OF THAT AS WELL.
BUT WE GET TO, UM, WE GET TO HANDLE ALL THE PLANNING FOR THAT.
UM, THEY WILL EVENTUALLY GET TO VOTE IN OUR, UH, CITY COUNCIL ELECTIONS.
THEY DON'T, NOT QUITE YET, BUT THEY WILL IN THE NEXT ONE.
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UM, SO THERE'S CERTAIN OTHER THINGS THAT COME ALONG WITH IT.SO, UM, OTHERWISE THAT, THAT ALL THE ITEMS
UM, AS YOU PROBABLY KNOW BY NOW, UM, MS. KAREN IS LEAVING US AT THE END OF THIS MONTH, SO OH, NO, YOU'LL HAVE, UH, UM, UH, TR TREVOR FANNING.
TREVOR FANNING IS GONNA BE YES.
UH, HELPING WITH OUR BOARD OF ADJUSTMENT, UH, ITEMS MOVING FORWARD.
BUT WE, WE ARE HAPPY THAT, UH, TREVOR'S GONNA BE HELPING OUT WITH THIS STUFF.
UM, SO WE'LL, WE'LL GIVE HIM THE, UH, CRASH COURSE IN HOW TO DEAL WITH STAFF AND BOARD OF ADJUSTMENT.
UH, HE'S BEEN AT, AT THIS MEETING.
SO HE'S SET RIGHT? A HUNDRED PERCENT.
A HUNDRED PERCENT, A HUNDRED PERCENT.
UH, AND THEN, LET'S SEE, UH, YOU'LL NOTE, UM, CHRIS, HAVE YOU SPOKEN TO THIS BOARD BEFORE? OKAY.
SO YOU RECOGNIZE MR. CHAVIS, BUT WHAT YOU MAY NOT KNOW IS THAT MR. CHAVIS IS NOW OFFICIALLY, UH, ONE, ONE OF MY ASSISTANT DIRECTORS.
HE IS, UM, REPLACING NATHAN AS ASSISTANT DIRECTOR.
SO, YES, CONGRATULATE MR. CHAVIS.
AND THEN ALSO, UM, IF YOU HAVEN'T MET CAROL, UM, CAROL'S OUR NEW, UM, BECKY.
THAT'S ONE I'VE BEEN CALLED A LOT WORSE OVER HERE.
SO, UM, UH, BECKY IS OUR NEW BOARD OF ADJUSTMENT MEMBER.
WE HAVE ANOTHER NEW BOARD OF ADJUSTMENT MEMBER THAT WE, UH, THAT SHE IS THE ALTERNATE THE ALTERNATE THAT IS NOT HERE TONIGHT.
SO HOPEFULLY YOU'LL GET TO MEET, MEET HER AS WELL IN THE VERY NEAR FUTURE.
THAT BEING, HER NAME IS DIANA POLLARD.
SHE WORKS FOR, UM, LEE COLLEGE.
SO DID WE HAVE SOME FOLKS LEAVE? YEAH.
NO, YOU'VE ALREADY, YOU'VE ALREADY SIGNED.
THEY BOTH HAD, THEY BOTH WERE READY TO MOVE ON.
THEY REALLY, TO BE HONEST, THEY SAID THEY DIDN'T WANNA HANG OUT WITH YOU ANYMORE.
BUT I WASN'T GONNA SAY THAT GILBERT DID THAT.
BECKY, AGAIN, I APOLOGIZE FOR NO, YOU'RE GOOD.
I'M, I'M, I'M PRETTY EASYGOING.
SO, UM, THAT, THAT'S, GIVE US A LITTLE BIT ON YOU 'CAUSE WE'VE MET BEFORE AND ON ME.
SO, UM, I WORKED FOR GOOSE CREEK FOR 31 YEARS AND JUST RECENTLY RETIRED, BUT REALLY HAVEN'T RETIRED BECAUSE I'M STILL WORKING FOR THE SCHOOL DISTRICT AS A CONTRACTOR AND DOING SOME OTHER THINGS.
I'VE BEEN A PRINCIPAL, BEEN A, UH, AN ADMINISTRATOR AT, UM, DIRECTOR OF CURRICULUM INSTRUCTION AT THE ADMINISTRATION BUILDING.
AND SO LIVED IN BAYTOWN MY WHOLE LIFE.
SO YOU'VE BEEN HERE 47 YEARS, ADD 10
I HAVE NO PROBLEM SAYING, BUT ANYWAY, BUT YEAH, PARENTS GREW UP HERE, GRANDPARENTS LIVED HERE, SO I'M HOMEGROWN.
AND, AND I THINK, UM, BECKY'S ANOTHER EXAMPLE OF SOMEWHERE WHERE, UM, SHE CAME OUT BECAUSE THERE WAS AN ITEM, THERE WAS A REASON ITEM NEAR HER HOME THAT SHE CAME OUT AND SPOKE, UM, AT THAT HEARING.
AND IN THE PROCESS SAID, HOW CAN I GET MORE INVOLVED IN WHAT THE CITY DOES AND THE DECISIONS THAT ARE MADE? AND SO THEN THE CITY REACHED OUT AND SAID, WE GOT A SPOT FOR YOU.
YOU, IT'S LIKE, WE NEED TO HELP.
THAT'S THE SYSTEM I LEARNED TO SIDE OF.
SO THE SYSTEM, I THOUGHT, GOSH, YOU KNOW, WE, I SHOULD BE MORE INVOLVED.
SO THIS IS A, THIS IS A PRETTY COOL BOARD.
AND WE MAKE DECISIONS THAT ARE NOT, UH, EARTH SHATTERING, BUT THEY'RE VERY IMPORTANT 'CAUSE THEY IMPACT FOLKS THAT ARE WANTING TO, TO DO STUFF THAT THEY FEEL LIKE THEY NEED TO, TO THINK IN PERSON BOARD.
I KNOW MY FATHER SERVED ON SEVERAL BOARDS YEARS AGO BEFORE HE PASSED AWAY.
UH, THAT CONCLUDES THE DIRECTOR'S REPORT.