* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:19] IT [2. CALL TO ORDER AND ROLL CALL] BEING FOUR O'CLOCK OR 4 0 1 AS THAT CLOCK MAY SAY. LET ME CALL THE, LEMME CALL TO ORDER THE BOARD OF ADJUSTMENT MEETING HERE ON TUESDAY, OCTOBER THE 11TH. AND, UM, LET ME ASK NAY TO DO A ROLL CALL, PLEASE. MS. WOOSTER. HERE. MR. SANTANA. HERE. MR. WILSON. HERE. MS. ROBINSON HERE. ALL RIGHT. THERE BEING A QUORUM PRESENT. LET US MOVE ON TO OUR AGENDA TODAY. WE HAVE TWO PUBLIC HEARINGS AND, UH, FOLLOWED BY A REQUEST FOR EITHER A VARIANCE OR A SPECIAL EXCEPTION ON EACH. AND LET ME START OFF BY READING OUR, OUR RULES FOR PUBLIC HEARINGS. AND SINCE THERE ARE TWO OF 'EM, I'M JUST GONNA READ IT ONE TIME THOUGH. UH, PUBLIC HEARINGS ARE HELD FOR THE PURPOSE OF GIVING ALL INTERESTED PERSONS THE RIGHT TO SPEAK AND BE HEARD. EVERYONE DESIRING TO SPEAK AT TODAY'S HEARING SHOULD HAVE SIGNED THE APPROPRIATE LIST, AND THAT LIST WILL PROVIDE THE SPEAKING ORDER FOR THE TWO HEARINGS. UH, WE WOULD ASK THAT EACH SPEAKER GIVE HIS OR HER NAME AND ADDRESS TO PROVIDE A PROPER RECORD OF THIS, OF THIS HEARING. AND OUR RULES ALLOW, UH, THREE MINUTES, UH, FOR EACH SPEAKER. HOWEVER, UM, WE ALSO ASK THAT EVERYONE BE AS CONCISE AS POSSIBLE. UH, DON'T USE ALL THE THREE MINUTES UNLESS YOU NEED TO. UM, AND, AND IF ANYONE HAS ANY QUESTIONS DURING THE PUBLIC HEARING, PLEASE DIRECT THEM TO ME AND I'LL TRY TO ANSWER 'EM. OR I'LL CALL ON STAFF, WHICH IS ACTUALLY WHERE THE ANSWERS WILL COME FROM. SO, HAVING, HAVING SAID THAT, OUR NEXT ITEM ON [a. Conduct a public hearing and consider a request for a variance from the Unified Land Development Code (ULDC) to allow the construction of a residential accessory structure storage building exceeding the gross square footage of the primary residence on a property less than two (2) acres located at 3318 Crosby Cedar Bayou Road. ] THE AGENDA, WHICH IS ITEM THREE A, WILL BE TO CONDUCT A PUBLIC HEARING AND CONSIDER AND CONSIDER A REQUEST FOR A VARIANCE FROM THE ULDC, UH, TO ALLOW FOR THE CONSTRUCTION OF A RESIDENTIAL ACCESSORY STRUCTURE STORAGE BUILDING THAT EXCEEDS THE GROSS SQUARE FOOTAGE OF THE PRIMARY RESIDENCE ON A PROPERTY LESS THAN TWO ACRES, AND LOCATED AT 33 18 CROSBY CEDAR BIO ROAD. AND IF I COULD ASK STAFF TO GIVE US A SUMMARY OF THE REQUEST. GOOD AFTERNOON. UH, TRISTAN LYONS PLANNING AND DEVELOPMENT SERVICES. SO THE SUBJECT PROPERTY IS LOCATED OFF CROSBY, CEDAR BAYOU ROAD, JUST NORTH OF ALEXANDER. AS YOU CAN SEE FROM THE RIGHT PICTURES, AN AERIAL SHOT. JUST TO GIVE YOU A QUICK RUNDOWN OF THE AREA. WE DON'T HAVE ANY PICTURES, BY THE WAY. THAT'S SICK. HERE IT IS. HIT THE BUTTON NEXT YEAR, MONITOR. RED BUTTON. WHERE'S, THERE WE GO. THANK YOU. NOW WE'RE GOOD. EVERYBODY'S GOOD? YES. WE'RE WE'RE GOOD NOW? YES, SIR. OKAY. SO, UH, AS YOU CAN SEE, THIS IS, UH, LOCATED EAST OF CROSBY, CEDAR BAY ROAD AND JUST NORTH OF NORTH ALEXANDER. THE RIGHT IS AN AERIAL SHOT TO GIVE YOU A QUICK RUNDOWN OF THE AREA TO THE DIRECT SOUTH AND SOUTHWEST IS SOME, UH, LOW DENSITY SF ONE RESIDENTIAL, AND TO THE DIRECT AND NORTH AND, AND EAST OF THE PROPERTY IS A LARGE UTILITY EASEMENT FOR, UH, POWER LINES TO THE NORTHWEST. YOU HAVE WHAT SEEMS WHAT YOU HAVE SOME, UH, MULTIFAMILY, AND THE ENTIRE AREA IS ZONED AS SF ONE FOR THE SUBJECT PROPERTY. THE FUTURE LAND USE MAP SHOWS THAT IT IS ALL LOW DENSITY RESIDENTIAL ON THE EAST SIDE OF CROSBY, CEDAR BAYOU ROAD. SO MOVING FORWARD, THESE ARE SOME SHOTS FROM WHAT CURRENTLY EXISTS ON THE PROPERTY. AS YOU CAN SEE, THE CIRCLES INDICATE WHICH WOULD THE BARN IN QUESTION THAT THEY'RE WANTING TO DEMOLISH AND THEN REBUILD. UH, IT HAS A LOT OF TREE COVERAGE IN THE FRONT. AND, UM, THE TREE COVERAGE SERVES AS A GOOD, UH, BUFFER BETWEEN THE RESIDENTIAL AND SEEING ANY ACCESSORY STRUCTURES THAT DO EXIST BEHIND THE PRIMARY STRUCTURE. SO THE SECTION IN QUESTION THAT THE APPLICANT IS WISHING TO VARY FROM IS SECTION 3.115 FOR RESIDENTIAL STRUCTURES THAT AS STATED IN THE, IN THE ITEM THAT ALLOWS THE SUM OF ALL STORAGE BUILDINGS AND BARNS THAT SHOULD NOT EXCEED THE GROSS SQUARE FOOTAGE OF THE PRIMARY RESIDENTIAL STRUCTURE ON THE SAME LOT OF TWO ACRES, AND LESS SO FOR THE EXISTING CONDITIONS. [00:05:01] UH, THE PRI AS A FOOTHOLD, THE PRIMARY STRUCTURE IS ABOUT 1,344 SQUARE FEET. THE EXISTING BARN IS 13, JUST IS JUST A COUPLE, UH, SQUARE FEET HIGHER THAN THAT. AND THE IMPORTANT NUMBERS HERE ARE THE OTHER RESIDENTIAL STRUCTURES THAT EXIST ON THE PROPERTY TODAY EQUATE TO AROUND 1900 SQUARE FEET, WHICH IS FAR LARGER. AND THE EXCEEDING SQUARE FOOTAGE OF ALL THE, ALL THE ACCESSORY STRUCTURES ON THE PROPERTY IS, IS ROUGHLY OVER 1900. THE OTHER PART OF THIS IS THAT TO BUILD A NEW STRUCTURE BARN, BOTH THIS SUBJECT PROPERTY AND THE HOUSE ON THE, THE SOUTHERN PART OF THE MAP, AS YOU CAN SEE, ARE OWNED BY THE APPLICANT. AND BOTH WILL HAVE TO BE PLATTED BEFORE THE PRIMARY STRUCTURE CAN BE, OR THE NEW STRUCTURE CAN BE BUILT. BUT IN ORDER TO BUILD THIS, BUT IN ORDER TO PLAT IT, HE CAN'T, UH, BLOCK OFF THE A RIGHT OF WAY ACCESS FOR THE NEW, FOR THAT FOR THE ONE HOUSE. SO IN ORDER TO PLAT PROPERLY AND TO HELP ADJUST THE SQUARE FOOTAGES OF ACCESSORY STRUCTURES, THE APPLICANT HAS PROPOSED TO PLAT HIS PROPERTY AS THE FOLLOWING, TO MOVE ONE OF THESE, A COUPLE OF THE STORAGE BUILDINGS, A SMALL CARPORT AND A SMALL, A SMALL SHED TO THE OTHER PROPERTY TO REDUCE THE AMOUNT OF ACCESSORY STRUCTURE, FOOT SQUARE FOOTAGE ON THE SUBJECT PROPERTY. AND HE'S PROPOSING TO BUILD A 2,400 SQUARE FOOT NEW STORAGE BUILDING IN ITS PLACE, UH, WHICH IS ABOUT A 78.6% VARIANCE FROM, FROM THE MAXIMUM SQUARE FOOTAGE HE COULD HAVE ON, ON THE PROPERTY, BECAUSE THAT'S WHERE THE PRIMARY STRUCTURE IS. HOWEVER, WITH THE, ALONG WITH THIS PROPOSAL, IF YOU NOTICE, THE OTHER RESIDENTIAL ACCESSORY STRUCTURES ARE NOW WENT FROM 1900 TO ABOUT 120, BRINGING THE EXCEEDING SQUARE FOOTAGE ABOUT 800 DOWN FROM WHAT IT HAD BEFORE TO 1,176. THESE ARE SOME PHOTOS OF WHERE THIS NEW STRUCTURE WHERE YOU WOULD LOOK TO SEE THIS NEW STRUCTURE IN PLACE. THE, THE TREES IN THE FRONT DO ACT AS A GOOD BUFFER TO HELP BLEND THE BUILDING INTO THE BACKGROUND SO THAT THE PRIMARY STR THE PRIMARY RESIDENCE ACTS AS THE PRIMARY USE AS A VIEW FROM WHAT PEOPLE SEE FROM THE ROAD. HOWEVER, FROM THE NORTH WEST OF THE PROPERTY WHERE THE DIRECTION OF THE MULTIFAMILY IS ON THE BOTTOM PHOTO, AS YOU CAN SEE, THE BACK OF THE BARN WOULD BE VISIBLE FROM PEOPLE HEADING SOUTH DOWN CROSBY, CEDAR BAYOU ROAD. SO FOR, FOR THE CRITERIA OF A VARIANCE, WE HAVE A COUPLE, HE MEETS SIX OUT OF THE 10 CRITERIA FOR THE PROPOSAL. HOWEVER, THERE ARE FOUR THAT HE DOES NOT MEET. AND THE REASON THAT HE DOES NOT MEET THESE FOUR IS BECAUSE THERE IS NO HARDSHIP ON THE LAND AS AN EXISTING CONDITION THAT WOULD CAUSE THE, THE APPLICANT UNDUE HARDSHIP. SO WHAT BASICALLY WHAT THAT TRIMS DOWN TO IS, UH, THERE ARE NO SPECIAL CIRCUMSTANCES THAT WOULD CAUSE HIM NOT TO BE ABLE TO DO WHAT HE, HE WANTS TO DO. THERE'S NO LITERAL INTERPRETATION THAT WOULD CAUSE A HARDSHIP ON THE APPLICANT TO BUILD A STRUCTURE AS IT AS OUR CODE COMPLIES. AND HE HAS THE ABILITY TO BUILD A RESIDENTIAL STRUCTURE ALREADY, JUST LIKE ALL THE ADJACENT PROPERTY OWNERS, UH, JUST LIKE ALL THE ADJACENT PROPERTY OWNERS AND STILL MEET OUR STANDARD. HOWEVER, WE STAFF BELIEVES IT'S IMPORTANT THAT WE DO BRING UP ONE CRITERIA THAT HE DOES MEET THAT IS IMPORTANT, WHICH IS CRITERIA SIX, WHICH BE GENERALLY CONSISTENT WITH THE PURPOSES AND INTENT OF THIS ULDC. THIS IS A PREVIOUS PHOTOS FROM BEFORE. AND THE, WHAT STAFF HAS, WHAT STAFF HAS DETERMINED IS THAT WHENEVER WE'RE INTERPRETING THE INTENT OF THIS ULDC, SPECIFICALLY 3.115, THE ONE HE'S VARYING FROM IS ITS INTENT IS TO KEEP ACCESSORY STRUCTURE PROPORTIONAL TO THE PRIMARY USE STRUCTURE AND PREVENT ACCESSORY STRUCTURES FROM HAVING THE PERCEPTION OF A MORE INTENSIVE USE THAN THE PRIMARY STRUCTURE WITH THE, ALL THE, WITH ALL THE TREES UP FRONT AND ALL THE, THE, THE, UH, ALL THE BUFFER, NOT BUFFERING, WHAT'S THE RIGHT WORD THERE? ALL THE SCREENING. THE PRIME STAFF BELIEVES THAT THE PRIMARY STRUCTURE WOULD STILL BE PERCEIVED AS THE PRIMARY USE, EVEN WITH A MUCH LARGER STRUCTURE DIRECTLY BEHIND IT BECAUSE OF THE AMOUNT OF TREES BLOCKING THE VIEW OF THESE ACCESSORY ACCESSORY STRUCTURES BEHIND IT. HOWEVER, BECAUSE THERE IS NO HARDSHIP OF THE, THERE IS NO HARDSHIP ON THE LAND AND THE APPLICANT IS CREATING HIS OWN HARDSHIP IN THIS SCENARIO BY TRYING TO GO ABOVE OUR GOING, TRYING TO EXCEED OUR, OUR MAXIMUM [00:10:01] ALLOWED, THE STAFF RECOMMENDS DENIAL BECAUSE HE DOES NOT MEET FOUR OF THE 10 CRITERIA. STAFF ALSO RECOMMENDS A CONDITION UPON APPROVAL THAT HE MUST, HE MUST, AS HE'S ALREADY PROPOSED, DEMOLISH THE EXISTING BARN IN A GREENHOUSE ON THE SUBJECT PROPERTY. NOW I'M A LITTLE CONFUSED ON THAT LAST PART. SO HE MUST DEMOLISH IF APPROVED IF, YES. SO IF WHAT'S APPROVED, BASICALLY IF THE COMMISSION OR IF THE BOARD DECIDES THAT THEY WANT TO GRANT APPROVAL FOR THIS ITEM, WE WOULD LIKE TO CONDITION IT THAT THOSE, UH, STRUCTURES COME DOWN SO THAT WE DON'T CONTINUE TO PROLIFERATE THE SITE WITH, UM, ACCESSORY STRUCTURES. OKAY. UM, AND THAT'S ESSENTIALLY WHAT TRISTAN IS TRYING TO COMMUNICATE. OKAY. BUT THAT'S ONLY, SO THAT'S, IF, IF WE WERE TO GRANT, THEN THIS WOULD BE A CONDITION YOU RECOMMEND. OKAY. THAT'S CORRECT, MM-HMM . OKAY. UM, I'D ALSO LIKE TO JUST CLARIFY SOMETHING, UM, BECAUSE I KNOW THE QUESTION WILL COME UP. UM, IF THEY COULD JUST REBUILD THE, THE BARN THAT THEY HAVE, AGAIN, THIS IS A, UM, WHAT WE WOULD CALL A NONCONFORMING STRUCTURE. AND THAT STRUCTURE, ONCE YOU PULL DOWN A CERTAIN AMOUNT OF IT, WHICH IS I THINK IT'S OVER 50%, 50%, THEN YOU CANNOT REBUILD THAT, THAT STRUCTURE. THE BUILDING THAT THEY HAVE ON THE SITE IS A HUNDRED ISH YEARS OLD AND IT'S KIND OF FALLING DOWN. SO, UM, THEY, THEY ALSO WOULD NOT BE ABLE TO REBUILD IT BECAUSE THE, IT IS TOO CLOSE TO THE PROPERTY LINES AS WELL. SO, UM, SO THAT, THAT JUST KIND OF SET THE CONTEXT A LITTLE BIT. IF YOU'RE THINKING ABOUT THAT AND GOING, WELL, COULD THEY JUST REDO WHAT THEY'VE GOT? THAT'S REALLY NOT POSSIBLE AT THIS TIME. OKAY. THANK YOU. 'CAUSE IT WOULD STILL BE NON-CONFORMING. CORRECT. ALRIGHT, THANK, THANKS. THAT, YEAH. I, I'M GOOD. COOL. OKAY. ANYTHING ELSE ELSE? AND THEN WE WILL CALL FOR OUR SPEAKERS, RIGHT? NAY? NO. YES. YES. OKAY. THANK YOU. THANK YOU. LET'S GO AHEAD AND, AND ASK OUR SPEAKERS TO, UH, COME TO THE PODIUM. AND I'M SOMEWHAT BLIND, BUT LET ME THINK THAT THE FIRST ONE HERE IS RYAN TAYLOR. ACTUALLY, I SAW DIFFERENT SUBJECTS THERE. OKAY. WRONG ONE. THEY'RE ALL ON THE SAME PAGE, IT LOOKS LIKE. OKAY. TALK ABOUT THIS. IS THERE MORE THAN ONE SIGNUP SHEET? THE ONE AT THE END? SO ARE ARE THE TWO FOLKS THAT WANNA SPEAK ON THIS ONE? JUST RON AND KARINA? CONNIE. CONNIE. SHE'S DEFERRING HER TIME. CONNIE. OKAY. RON, I GUESS IT MUST BE THE, I GUESS JUST THE ADDRESS. YEAH. GOOD BOY. THANK YOU. GOOD AFTERNOON. I'M RON GARRETT. UH, I AM THE OWNER ALONG WITH MY WIFE OF THE SAID PROPERTY IN QUESTION 33 18 CROSBY CEDAR BOW. UM, I HAVE BEEN AT THAT RESIDENCE FOR 35 YEARS NOW, AT THAT LOCATION. UH, MY DAD PURCHASED THAT LAND IN 1986 FOR AS HIS RETIREMENT PLACE. AND, UM, SO, UH, NINE, UH, 2019, I INHERITED THE PLACE FROM MY DAD. AND, UH, IN HIS LIFE, HE CREATED A LOT OF HOBBIES. HE DID METALWORKING, HE DID WOODWORKING. HE RESTORED CLASSIC CARS. HE FARMED, HE DID A WHOLE HOST OF THINGS IN HIS 33 YEARS OF BLESSED RETIREMENT. AND, UM, UH, BUT HE ALWAYS HAD THIS, HE WAS, HE WAS A DEPRESSION CHILD, SO HE DIDN'T SPEND A LOT OF MONEY, BUT WHEN HE'D DO HIS WOODWORKING, HE'D DRAG IT OUT ON THE, ALL HIS WOODWORKING TOOLS HAD WHEELS, SO HE DRUG THEM OUT ON THE DRIVEWAY AND, AND, UH, WORKED ON 'EM THERE, UM, RESTORED HIS CARS. WE GOT CARS STACKED IN EVERY CUBBY HOLE WE CAN, WE CAN FIND IN THAT, BETWEEN THAT BARN AND THAT, THAT GARAGE. UM, I'M HERE TO REQUEST THE, THE SIZE BUILDING JUST SIMPLY BECAUSE OF THOSE HOBBIES HAVE BEEN PASSED ON TO ME. I WOULD WORK, I'VE METAL WORK. I, I'M, I JUST TURNED 55 YESTERDAY. I WORKED FOR EXXONMOBIL, THEREFORE I'M RETIREMENT ELIGIBLE. I'M PLANNING MY RETIREMENT. I'M POSITIONING MYSELF FOR RETIREMENT, AND I WANNA SPEND THE NEXT WHATEVER MANY YEARS GOOD LORD GIVES ME RIGHT THERE, ENJOYING MY HOBBIES. AND I JUST, WHEN I TAKE THE BARN DOWN, I'VE GOT A 66 CONVERTIBLE MUSTANG IN THERE. I'VE GOT THAT. SOMEDAY I'M GONNA RESTORE. I NEED A PLACE FOR IT. I'VE GOT THREE OTHER CARS IN THE GARAGE. ALL MY WOODWORKING TOOLS, WELDING TOOLS, ARE JUST WHEREVER I CAN FIND A PLACE TO WORK WITH THEM. AND THUS, THE REASON I'M ASKING FOR THIS DEVI, THIS DEVIATION FROM THE, FROM THE CODE, YES, IT'S A LOT LARGER THAN, THAN WHAT WOULD BE SAID, BUT THE OTHER SIDE OF IT IS, IF YOU LIVE IN A HOUSE THAT WAS BUILT IN 1912, IT'S NOT 3000 SQUARE FOOT LIKE YOU WOULD HAVE ON THAT PIECE OF LAND TODAY. UM, SO IN ESSENCE, THAT'S WHAT I'M ASKING FOR, JUST, UH, THE OPPORTUNITY TO, TO BUILD A PLACE FOR ME TO STAY [00:15:01] AND ENJOY MY HOBBIES. AND, UH, AND UH, THE LAST THING I'LL SAY IS THAT IT WILL BE AESTHETICALLY PLEASING. IT WILL MATCH THE HOUSE. IT'LL BE WHITE WITH BLACK TRIM. THE HOUSE IS ULTIMATELY GONNA HAVE BLACK TRIM AS WELL. SO IT'LL ALL BE AESTHETICALLY TIED TOGETHER, UM, AS A, AS A FACILITY. SO, VERY GOOD. ANY QUESTIONS? NO, SIR. THANK YOU, RON. THANK YOU. AND YOU SAY CORINA IS, OR CONNIE IS NOT GONNA SPEAK? YEAH, JUST GIVING ME EXTRA TIME. OKAY. VERY, VERY GOOD. VERY GOOD. UH, THERE BEING NO OTHER SPEAKERS SIGNED UP FOR THIS ITEM. LET ME CLOSE THE PUBLIC HEARING AND GO ON TO, UH, THE OTHER PART OF, OF THE AGENDA ITEM, WHICH IS TO CONSIDER A REQUEST, THE REQUEST FOR THE VARIANCE. AND DO WE WANT TO TALK MORE JUSTIN, ABOUT THE CRITERIA OR WE'RE JUST READY TO ASK YOU SOME QUESTIONS? CAN WE, CAN WE POSSIBLY SEE THE, THE FOUR THAT WERE PROPOSED TO NOT BE MET ON THE SCREEN? SO THAT SEEMS TO BE THE FOUR WE WOULD NEED TO DISCUSS IF WE HAD ANYTHING TO QUESTION, RIGHT? YEAH, THE FOUR, THE THE FOUR THAT HE SAID, THE FOUR CRITERIA THAT, I MEAN, THE OTHER, THE OTHER SIX, UH, YOU'RE IN AGREEMENT WITH, I DON'T THINK WE WOULD DISAGREE WITH THAT. YEAH. YEAH. SO IF WE WERE TO LOOK AT ANYTHING, IT'D BE THESE FOUR, RIGHT? WHICH WOULD ALLOW US THEN TO POSSIBLY MOVE THE OTHER WAY. SO, SO AS, AS TRISTAN MENTIONED, IT REALLY KIND OF ALL REVOLVES AROUND THE, THE WHOLE HARDSHIP, UH, ARGUMENT, WHICH OF COURSE YOU GUYS KNOW IS ALWAYS THE TOUGHEST THING TO MEET WHEN YOU'RE REQUESTING A VARIANCE. AND, UM, THAT, THAT HARDSHIP IS, UM, GENERALLY REVOLVES AROUND THE SPECIAL CIRCUMSTANCES OF THE PROPERTY ITSELF. UM, WE, WE DON'T FEEL LIKE THE PROPERTY HAS THOSE SPECIAL CIRCUMSTANCES. UM, HE WOULD BE ABLE TO BUILD A BARN IF IT WERE SMALLER. UM, WE TALKED ABOUT SOME DIFFERENT OPTIONS, UH, AND, AND THIS, IT ALL KEPT COMING BACK TO THE, THE WE'RE, WE'RE NOT SURE HOW THE, THE HARDSHIP, UM, REQUIREMENT WOULD BE MET. YEAH. UH, GO AHEAD. UM, I WAS JUST GONNA SAY, AND INDEED OUR BURDEN HAS NOT CHANGED. OUR BURDEN IS WE HAVE TO CONCLUDE THAT ALL 10 ARE MET OR WE'RE REALLY PRESCRIBED FROM APPROVING IT, RIGHT? LEGAL. YES. OKAY. SO OUR STRUGGLE IS GILBERT'S IS ALLUDING TO IS CAN WE GET TO A DISAGREEMENT ACTUALLY WITH STAFF THAT THE FOUR ARE ACTUALLY MET? YEAH. SO I UNDERSTAND THE VERY DIRECT YES. ANSWER TO THE QUESTION. YOU KNOW WHAT I SEE THAT'S A LITTLE, I'M GONNA JUST GIVE YOU MY THOUGHTS FIRST. WHAT I SEE THAT'S A LITTLE DIFFERENT THAN THIS ONE IS, YOU KNOW, THERE'S NO CLAIM OF A HARDSHIP. THERE'S NO CLAIM OF ANYTHING OTHER THAN THIS PIECE OF PROPERTY PROBABLY WAS RURAL BACK IN THE DAY. IT'S BEEN IN, IT'S BEEN ANNEXED OVER TIME, AND WE'RE APPLYING THE SAME RULES TO THIS PIECE OF PROPERTY IN THIS AREA THAT WE APPLY TO EVERY OTHER NEIGHBORHOOD IN BAYTOWN. AND THERE'S WHERE THE STRUGGLE COMES, BECAUSE I WILL TELL YOU THAT MOST OF THE PEOPLE THAT LIVE ON THIS ROAD, NORTH AND SOUTH, LIVE IN WHAT WOULD BE PERCEIVED TO BE A RURAL ROAD. IT'S NOT A CITY, NEIGHBORHOOD ROAD. THEY ALL HAVE LARGER LOTS AND LARGER LOTS HAVE BEEN TURNED INTO MAYBE, UH, MOBILE HOME PARKS AND, YOU KNOW, FOR THE GOOD OF PEOPLE THAT NEED THOSE TYPE OF RESIDENCES. BUT I DON'T THINK THE APPLICANT IS CLAIMING A HARDSHIP OF ANY KIND. AND I DON'T THINK THE APPLICANT IS CLAIMING THAT IT'S UNFAIR. I THINK WHAT WE'RE LOOKING AT IS A PIECE OF LAND THAT AT ONE TIME COULD BE USED A CERTAIN WAY, CAN NO LONGER BE USED THAT WAY BY APPLYING THIS CRITERIA. IT'S NOT UNCOMMON FOR MOST OF THESE RESIDENCES AND THESE LOTS ON THAT STRIP TO HAVE HAD A PRIMARY STRUCTURE THAT WAS SMALL AND THEIR BUSINESS LIFE, YOU KNOW, UH, FINANCIAL MODE OF, OF, OF BUSINESS IN THE BACK, WHICH COULD HAVE BEEN A BARN RAISING CATTLE OR FARMING OR RANCHING OR WHATEVER TO KEEP ALL THEIR EQUIPMENT IN. SO, YOU KNOW, WE'RE WE'RE, WE HAVE, WE HAVE TAKEN THIS PROPERTY IN THIS AREA AND WE'VE GONE FROM SMALL HOME, BIG BARN TO KEEP ALL YOUR EQUIPMENT IN, UH, TO, TO FARM AND RANCH INTO THE OTHER WAY AROUND THAT WE APPLY TO A NEIGHBORHOOD RESIDENCE WHERE YOU DON'T WANT A 3000 FOOT AUXILIARY STRUCTURE AND A 1500 SQUARE FOOT HOME IN A NEIGHBORHOOD THIS BIG. SO THAT'S WHERE MY STRUGGLE IS. CAN, CAN WE AS A BOARD LOOK AT THE UNIQUENESS OF THIS AREA, LIKE WE'VE [00:20:01] DONE IN OTHER PARTS OF THE CITY THAT HAVE VERY SMALL LOTS AND ARE OLDER PARTS OF OUR CITY, AND WE'VE MADE SOME CONCESSIONS ON THE AREA. AND, AND I THINK IF WE WERE TO LOOK AT THIS AREA, A STRUCTURE BEHIND THIS HOME WOULD NOT LOOK OUTTA PLACE AT ALL RELATIVE TO THE, TO THE ENTIRE AREA. IT WOULD BE MORE COMMON THAN, THAN NOT. AND SO WHERE CAN WE FIND SOME LEEWAY TO SAY, NO ONE'S ASKING FOR, FOR A, A, A GIMME ON HARDSHIP. NO ONE'S ASKING FOR ANYTHING OTHER THAN WHAT THIS AREA WAS BASICALLY DESIGNED TO BE, WHICH WAS SMALL HOMES, LARGER, UM, AUXILIARY STRUCTURES. THERE'S, THERE'S A LARGE, UH, YOU KNOW, UTILITY EASEMENT THAT SURROUNDS TWO SIDES OF THIS PROPERTY THAT, THAT'S WIDE OPEN. UM, LIKE I SAID, IT'S, IT'S NOT UNCOMMON FOR THIS AREA TO BE DESIGNED THIS WAY. SO DO WE HAVE ANY LATITUDE TO, TO LOOK AT THE AREA AS A WHOLE AND SAY, THIS IS NOT A TYPICAL NEIGHBORHOOD THAT YOU WOULD CLASSIFY SF TWO AND SAY, THIS IS MORE RURAL. DO WE HAVE ANY LATITUDE THERE? I, I THINK THAT, SO AS YOU KNOW, THE CODE DOES NOT ALLOW STAFF ANY REAL, UM, FLEXIBILITY ON THAT, RIGHT? SO WE, WE MADE THE INTERPRETATION THAT WE MAKE THAT IS CONSISTENT WITH EV ANYBODY WE WOULD TALK TO, RIGHT? UM, YOU GUYS HAVE THE ABILITY TO, BY DEFINITION, YOU'RE A, A CASE BY CASE BOARD, SO YOU HAVE THE ABILITY TO LOOK AT THIS AND SAY, OKAY, MAYBE, MAYBE YOU'RE DEFINING HARDSHIP A LITTLE BIT DIFFERENTLY THAN STAFF DOES. THAT'S, THAT IS UP TO YOU. UM, I, I CAN'T REALLY TELL YOU WHICH WAY TO GO WITH THAT, IF YOU THINK THAT'S REASONABLE. THE ONLY THING I WOULD SAY IS, UM, TO BE CONSISTENT, WHATEVER THAT IS, UM, WE WOULD LOOK TO THE BOARD TO, TO TRY TO BE CONSISTENT. NOW, AGAIN, CASE BY CASE CIRCUMSTANCES END UP BEING DIFFERENT FROM ONE TO THE NEXT. SO AGAIN, I I, I WOULD LEAVE THAT UP TO YOU. WELL, I, I'VE GIVEN MY, MY THOUGHTS ABOUT THIS JUST IN GENERAL. I'M, I'M GONNA SEE IF ANYONE ELSE HAS ANY COMMENTS, PLEASE, YOU, YOU TWO FIRST, AND THEN I'LL THROW MINE IN. YES. I, I, IF I, IF I MAY, UM, THE ISSUE OF HARDSHIP, WELL, LEMME GET BACK TO THIS. I'M SORRY. MR. SCRIBNER MENTIONED CONSISTENCY. DO I RECALL CORRECTLY BOARD MEMBERS THAT WE HEARD A CASE, UM, IN THE LAST 18 MONTHS REGARDING THE PROPOSED CONSTRUCTION OF A SIMILAR, IN A SIMILAR SITUATION, A BARN BUILDING, I WANT TO SAY IT WAS SOMEWHERE SOUTH OF 1 46, LIKE NEAR THE CEDAR BIO SCHOOL AREA ISH, OR, OR, I, I, I DON'T KNOW. IT WAS ON THE OTHER SIDE OF 1 46 FROM THIS IS WHAT I DO KNOW THAT. AND, AND IT WAS MUCH THE SAME WAY WHERE THERE WAS AN EXISTING RESIDENTIAL STRUCTURE ON A LARGER THAN TYPICAL LOT SIZE. AND THEY WANTED TO BUILD AN ACCESSORY, NOT AN ACCESSORY DWELLING UNIT, JUST AN ADDITIONAL A BARN, I THINK. UM, AND WE LOOKED AT THE, THE ISSUE OF HARDSHIP AND WHAT THAT MEANT, UM, AS IT APPLIED TO THE, TO THE BUILD OUT AND WE APPROVED IT. YES, SIR. OKAY. AS, AS I RECALL, IN FACT, I MIGHT CAN THINK OF TWO, TWO TIMES WE HAVE DONE THAT. AND I THINK THAT, THAT, NOW THAT I THINK ABOUT IT, OKAY, SORRY, SORRY. OH, AND THAT'S, UH, I THINK WHAT MARTIN WAS ALLUDING TO AS WELL IS THAT, YOU KNOW, WHAT IS THE HARDSHIP? UM, THERE'S, YOU KNOW, MORE THAN ONE WAY I THINK THAT YOU CAN INTERPRET THAT, UM, BASED ON WHAT THE HOMEOWNER HAS, UH, EXPRESSED TO YOU, UM, AS WELL AS THE OVERALL, ALL OF THESE, UH, CHARACTERISTICS, WHAT THEY TALKED ABOUT, UH, WHAT TRISTAN SPOKE ABOUT WITH THE, WITH THE PROPERTY SIZE, THE VISUAL APPEARANCE, ALL THOSE THINGS CAN BE TAKEN IN TOGETHER. AND, AND PERHAPS WHAT, I'M SORRY, EXCUSE ME ONE MORE TIME. PERHAPS, PERHAPS WHAT, WHAT GILBERT ADDRESSED THE, THE, THE APPLICATION OF NEW STANDARDS TO A PROPERTY THAT WAS ORIGINALLY DEVELOPED DECADES AGO, MAYBE THAT IN AND OF ITSELF IS THE HARDSHIP. OKAY. THAT'S ALL I HAVE. COUPLE THINGS FOR ME. UM, IF I MAY ASK, WHAT IS THE LEGAL SIZE OF A STRUCTURE THAT CAN BE BUILT BASED ON, IT JUST CAN'T BE BIGGER THAN THE HOUSE, WHICH IS, THE HOUSE IS 1300 SQUARE FEET OR SOMETHING LIKE THAT. OKAY. IT'S 1,344 SQUARE FEET. ACTUALLY, I THOUGHT THE NUMBER WAS 75% OF THE HOUSE. [00:25:02] UH, IT'S ALL FOR ACCESSORY STRUCTURES. IT'S 75% ON TWO ACRES OR LESS, BUT BARNS, BARNS AND STABLES CAN BE UP TO THE, UP TO THE SAME SIZE. OKAY. OKAY. SO IS IT IN THE LAST COUPLE OF YEARS WITH A TEXT AMENDMENT THAT WE DID? OKAY. SO MY QUESTION IS, IS IT AN ACCESSORY STRUCTURE? BECAUSE I THOUGHT THAT'S HOW IT READ. OR IS IT A BARN THERE, THERE A BARN IS AN ACCESSORY STRUCTURE, OR IS IT A TRUCK? OKAY, GOTCHA. OKAY. I WAS CONFUSED WITH THAT. SO I APOLOGIZE. UM, INTERESTING FOR ME IS I TRAVELED THAT STREET A LOT. I DIDN'T REALIZE I SAW THE SIGNS. I DIDN'T REALIZE THAT IT WAS COMING BEFORE. I THOUGHT, OH, I WONDER WHAT'S GOING ON OUT THERE, BECAUSE WHEN YOU, IT'S A VERY NICE PIECE OF PROPERTY, YOU KNOW, VERY WELL MAINTAINED, I THOUGHT, WHAT IN THE WORLD WOULD THEY DO? YOU KNOW, THEY WERE GONNA RUIN IT IF THEY BUILD SOMETHING. AND SO, UM, SO I GET IT. UM, I THINK THAT, AND I UNDERSTAND YOUR CONTINGENCIES, UM, AS WELL. IF, UM, IT THAT, SO WE MAY BE COMING BACK, IF WE, I MEAN, I DON'T KNOW. I'M ASKING WOULD WE BE COMING BACK BECAUSE CONTINGENCIES HAVEN'T BEEN PROPOSED. SO IF WE CHOOSE TO APPROVE, ARE WE COMING BACK FOR, FOR, FOR A FURTHER CONTINGENCY APPROVAL IF YOU CHOOSE TO APPROVE MM-HMM . NO, NO. I, I THINK THE ONLY RECOMMENDATION WAS THAT THEY TEAR DOWN THE OLD RIGHT STRUCTURE IF WE APPROVE. RIGHT. NOT A CONTINGENCY CONDITION. CONDITION, CONDITION. THAT'S WHAT I MEANT. I APOLOGIZE. SO, SO OFTEN STAFF WILL DISCUSS THESE, UH, INTERNALLY AND WE'LL SAY, OKAY, WHAT, WHAT IS THE CHANCES THAT THE BOARD MIGHT APPROVE THIS? EVEN THOUGH STAFF HAS RECOMMENDED DENIAL? OF COURSE THAT HAPPENS AND THAT'S FINE. UM, WHAT ARE THE CHANCES THAT IT COULD GET APPROVED? IF WE THINK THERE'S A HIGH CHANCE THAT IT COULD GET APPROVED, THEN WE'LL INCLUDE SOME CONDITIONS THAT WE THINK ARE IMPORTANT SO THAT WHEN YOU MAKE YOUR MOTION AND YOU HAVE YOUR FINDING, WHICH YOU STATED THAT YOU INCLUDE THAT IN THE MOTION, BECAUSE WE FEEL THAT THAT'S IMPORTANT IN THIS CASE, WE WANT TO MAKE SURE THAT IF, UH, IF THE LANDOWNER DOES BUILD ANOTHER BARN IN A DIFFERENT SPOT, THAT HE DOESN'T JUST LEAVE THE OLD BARN UP, THAT HAS TO COME DOWN. SO THAT, THAT'S, WE JUST FELT THAT WAS IMPORTANT AS PART OF THAT. UM, SO I HOPE THAT HELPS A LITTLE BIT. AND I THINK THE OTHER THOUGHT NO, IT DID. THANK YOU. THE OTHER THOUGHT I HAVE IS THAT, UM, FOR, AND I AGREE WITH, WITH, UM, GILBERT ON THE, ON THE HARDSHIP PIECE, UM, I GUESS WITH, I THINK IF I WERE IN THAT AREA, A BARN THAT SIZE, I WOULD BE CONCERNED THAT IT IS A HOBBY BARN AND NOT A BUSINESS BARN. UM, BECAUSE I THINK THAT IT COULD BE A NEGATIVE IN THAT AREA IF I WERE LIVING IN THAT AREA. AND SO, I MEAN, I UNDERSTAND WHAT, YOU KNOW, WHAT HE, HE'S SAYING IT'S GONNA BE USED FOR, AND THE REASON FOR ANOTHER ONE FALLING DOWN. SO YOU NEED TO REPLACE IT. AND, AND BY BUILDING ONE BIG ONE, YOU GET IN A, IN A KIND OF THE SAME SIZE AS KIND OF WHAT, WHAT YOU'RE TEARING DOWN. SO JUST A, LET, LET ME JUST CLARIFY WHAT, WHAT I SAID. I WASN'T SAYING THAT HE WAS BUILDING IT AS A BUSINESS BARN. NO, NO, I DIDN'T. THE AREA WAS ORIGINALLY DESIGNED WHERE THE BARNS WERE LARGER BECAUSE OF BUSINESS. NO, I, I DIDN'T MEAN TO SAY THAT YOU DID JUST CLARIFY. I WAS AGREEING WITH YOU ON THE HARDSHIP SIDE. THAT WAS MY COMMENT. YEAH. THAT I WOULD WONDER THAT IF WITH A BAR AND THAT SIZE AND, AND IT WAS JUST MY CURIOSITY, BUT MY, BUT LET ME ASK A QUESTION THEN, OF THE APPLICANT. IT'S INTENDED TO BE HOBBY, NOT BUSINESS. I'M RETIRING. I, YEAH. SO, SO INDEED IT'S INTENDED TO BE HOBBY GOTCHA. NOT BUSINESS. I KNOW, WHICH TO ME I'M HURTING, WHICH TO ME WOULD BE A POSITIVE, NOT A NEGATIVE. CORRECT. OKAY. OKAY. OKAY. WELL, I, YOU KNOW, I'M GONNA SAY IT'S NOT VERY OFTEN THAT WHEN I LOOK THROUGH THESE CRITERIA AND I READ WHAT STAFF'S, UH, INTERPRETATION OF THEM ARE THAT I, THAT I DISAGREE. UM, AND I DIDN'T DISAGREE WITH THE LITERAL INTERPRETATION. RIGHT. WHICH IS WHAT YOU HAVE TO DO. UH, WHAT I DID HAVE A HARD TIME WITH WAS, AGAIN, THE APPLICATION OF THIS TO THAT, THAT CORRIDOR, UM, YOU KNOW, WE COULD MOVE OVER TO NORTH MAYNARD GARTH, AND IT'D BE COMPLETELY DIFFERENT. WE COULD GO NORTH OF I 10, IT'D BE COMPLETELY DIFFERENT. BUT, UH, AND I'M GLAD THAT, THAT, UH, MS. WOOSTER BROUGHT UP THE, UH, THE PREVIOUS, UM, UH, VARIANCES THAT WE HAVE LOOKED AT. BECAUSE I THINK, YOU KNOW, WHEN I LOOK AT AN AREA, I DON'T LOOK AT A VERY LARGE AREA. I LOOK AT THE SURROUNDING AREA, WHICH IS TYPICALLY WHAT WE LOOK AT, RIGHT? YOU GO OUT TO HOWEVER MANY FEET AROUND FOR NEIGHBOR INPUT AND ALL THAT. I LOOK AT, I LOOK AT WHAT THAT AERIAL LOOKS LIKE, AND, UH, JUST, JUST FOR ME, I, IF, IF I WERE TO SEE A NICE BIG BARN STRUCTURE BEHIND THIS HOUSE, UH, I WOULDN'T THINK TWICE ABOUT IT. I THINK THAT'S, MAN, THEY'RE LUCKY. YOU KNOW, THEY'VE GOT, THEY GOT A PLACE TO DO ALL THE THINGS THAT, THAT HE DOES. I, I HAVE ONE, BUT IT'S NORTH OF I 10, AND YOU CAN'T TELL ME I CAN'T HAVE [00:30:01] IT BECAUSE, YOU KNOW, I'M NOT THE CITY LIMITS, RIGHT? SO I HAD TO GO OUT THERE TO GO BUILD A BIG BARN TO DO WHAT I WANT. AND I DON'T EVEN HAVE A PRIMARY STRUCTURE THERE EITHER. SO I GET WHAT HE'S TRYING TO DO AT THIS LOCATION. AND I, AGAIN, APPLICATION OF THIS IS WHERE I STRUGGLED. SO, YOU KNOW, IF, IF, IF, IF WE'RE NOT VIOLATING THE, THE LAW AND LOOKING AT WHAT WE'VE DONE IN THE PAST, I MEAN, MY RECOMMENDATION WOULD BE TO APPROVE THIS VARIANCE REQUEST WITH THE, UH, RECOMMENDATIONS THAT STAFF HAS, UH, GIVEN US. AND INDEED, I'LL, I'LL JUMP IN. 'CAUSE I, I AGREE. YOU KNOW, IF WE, IF WE GO BACK TO ITEM TWO, UH, AND CONCLUDE THAT IT'S NOT A HARDSHIP BECAUSE OF ALL THE HISTORY WE JUST TALKED ABOUT, TO ME, THAT FEEDS INTO SIX, SEVEN, AND EIGHT AND NINE, UH, BEING, UH, IN THE PASS MODE AS OPPOSED TO IN THE FAIL MODE. AND IF WE CONCLUDE THAT, THEN, YOU KNOW, WE, WE CAN PASS, WE CAN APPROVE THIS, UH, WITHOUT VIOLATING THE RULES OF MEETING ALL THE CRITERIA. BECAUSE WE CAN SAY, BASED ON WHAT WE'VE DISCUSSED, IT DOES MEET ALL THE CRITERIA. SO, AND I THINK THE DRIVER IS WHAT YOU SAID ORIGINALLY, GILBERT, IT, IT, IT'S A HARDSHIP BECAUSE OF THE HISTORY, BUT ONCE AGAIN, THE APPLICANT DIDN'T, IT'S, IT'S NOT OF THE APPLICANT'S DOING RIGHT. IT IS, IT WAS THERE BEFORE HE OWNED THE PROPERTY. RIGHT, RIGHT, RIGHT. SO BASED ON THAT, SOMEBODY WANNA STRUCTURE A RECOMMENDATION THAT INCLUDES THE WORDS OF APPROVE WITH THE CONDITION THAT STAFF IS RECOMMENDING RELATIVE TO THE REMOVAL OF THE OTHER STRUCTURES. CHAIRMAN WILSON, I WOULD MOVE THAT WE APPROVE THIS REQUEST FOR A VARIANCE, UM, UM, WITH THE CONDITION THAT THE OWNER DEMOLISH THE EXISTING BARN AND GREENHOUSE, DOES THAT INCLUDE ENOUGH INFORMATION? THE GREEN, THE GREENHOUSE IS PART OF WHAT YOU'RE TEARING DOWN, CORRECT? YES. THAT, THAT'S FINE. ALRIGHT, THEN, THEN THAT CONCLUDES MY MOTION. DO WE HAVE A SECOND? I'LL SECOND IT. ALRIGHT, ANY FURTHER DISCUSSION OR ANY FURTHER INPUT FROM STAFF THAT WE NEED TO HEAR? IF NOT ALL IN FAVOR, PLEASE SAY AYE. AYE. AYE. AND NONE OPPOSED. SO THE REQUEST IS GRANTED. THANK YOU FOLKS. ALL RIGHT, LET'S MOVE ON TO THERE. NO NEIGHBORS TO THE NORTH. LET'S MOVE ON TO ITEM FOUR A. HEY, CAN I REMIND YOU? YOU DIDN'T, YOU DIDN'T DO THAT ONE THERE. OH, I DIDN'T, YOU'RE RIGHT. YOU CAN DO IT WHENEVER YOU WANT. I DON'T FORGET. LET ME, I'M SORRY. OKAY. LEMME GET THAT OUTTA THE WAY. [1. MINUTES] I FORGOT, UH, UH, ITEM A ONE A, UH, AFTER THE, UH, ROLL CALL, WHICH WAS TO REQUEST THAT WE CONSIDER APPROVING THE MINUTES OF THE AUGUST 23 BOARD OF ADJUSTMENT SPECIAL MEETING. DO I HAVE A MOTION MOVE TO APPROVE? AND A SECOND? SECOND. ANY DISCUSSION? IF NOT ALL IN FAVOR, SAY AYE. AYE. THOSE MINUTES ARE APPROVED. THANK YOU, GILBERT. ALL RIGHT. MARTIN ONLY CAUGHT IT. OKAY. ALL RIGHT. THANKS FOR ING. I THOUGHT I FELL ASLEEP. I, I DIDN'T HEAR IT, BUT THAT'S ALL RIGHT. ALL ITEM FOUR [a. Conduct a public hearing and consider a request for a special exception from the Unified Land Development Code (ULDC), to allow a reduction from the required setback of 100 feet on one side of the proposed structure, for the property located at 7300 East Interstate Highway 10 (E IH 10).] A, UH, IS TO CONDUCT A PUBLIC HEARING AND CONSIDER A REQUEST FOR A SPECIAL EXCEPTION FROM THE ULDC TO ALLOW A REDUCTION OF THE REQUIRED SETBACK OF A HUNDRED FEET ON ONE SIDE OF THE PROPOSED STRUCTURE FOR THE PROPERTY LOCATED AT 7,300 EAST INTERSTATE 10. AND IF WE COULD HAVE STAFF, GIVE US A RUNDOWN ON THIS ONE. GOOD AFTERNOON. MY NAME IS LEIA SALEM. I'M PLANNER WITH THE PLANNING AND, UH, DEVELOPMENT SERVICES. THE, UM, THE CONDITION ON, UM, ON THIS, UM, DEVELOPMENT STANDARD IS CONDITION A 40, AND IT STATES THAT THE MINIMUM BUILDING SETBACK SHALL BE 100 FEET WITHIN THE SETBACK. A FI A 50 FOOT OPEN SPACE AND A 50 FOOT VEGETATIVE BUFFER SHALL BE PROVIDED. THIS IS JUST IN CASE OF A WAREHOUSE IS PROPOSED IN A NORMAL, UM, GENERAL COMMERCIAL DEVELOPMENT. IT'S, UM, A FIVE FOOT SETBACK FROM EACH SIDE, 25 FEET FROM THE, FROM THE FRONT. [00:35:03] THIS IS THE, UH, VICINITY MAP OF THE SUBJECT PROPERTY IS, UM, LOCATED SOUTH OF I 10 WEST OF SLANDER ROAD. IT HAS A FRONTAGE OF 210 FEET ON I 10, UH, FRONTAGE ROAD. UM, ADJACENT PROPERTIES OR, UM, TO, TO THE EAST IS EXISTING. COMMERCIAL USE TO THE WEST ARE ALSO EX EXISTING, UH, COMMERCIAL PROPERTY WITH TWO BILLBOARD SURROUNDING AN EXISTING, UH, RESIDENTIAL HOME. THE EXISTING RESIDENTIAL HOME, AS IT SAYS HERE, IT'S FURTHER AWAY, UH, APPROXIMATELY 240 FEET FROM THE WESTERN EDGE OF THE SUBJECT PROPERTY. AND LET ME INTERJECT, GO BACK REAL QUICK. WHAT ARE THOSE ITEMS TO THE RIGHT, THOSE ARE BUSINESS, THESE ARE COMMERCIAL USES. OKAY. EXISTING COMMERCIAL USE IN HERE, A HOTEL, AND THE SMALL, UM, THE SMALL BUILDING. THE RIGHT SMALL BUILDING IS ALSO EXISTING COMMERCIAL USE IN ITS OWN PROPERTY. SO UP THERE, UP THERE ON THE NORTH SIDE, THAT'S A SWIMMING POOL IN ONE OF THOSE. CAN, CAN I, CAN I JUST, IS THIS JUST WEST OF SHO LAND ROAD? YES. OKAY. YES. SO WE'RE, THAT BUSINESS IS KNIGHT, K-N-I-G-H-D INDUSTRIES. IT LOOKS LIKE A RESIDENTIAL HOME. OKAY. OKAY. YEAH. OKAY. YES, YES, YES. I DON'T THINK THAT IS, HE JUST, YEAH, IT'S A COMBO. SO, SO NI KNIGHT IS RIGHT THERE? NO, THAT'S, THAT'S NOT, THAT'S NOT KNIGHT. THAT'S THE EXIT RAMP FROM I 10. RIGHT BEFORE YOU GET TO SHO LAND ROAD, WE'RE NOT SEEING SHO LAND ON THIS AREA. YES, SHO IS IS A BIT FURTHER TO THE EAST. THIS, THIS IS KNIGHT IS FARTHER TO THE WEST. WELL, I MEAN, JUST FOR THE SAKE OF MAKE OF CLARITY, CAN YOU PULL UP THE GIS AND JUST SHOW EVERYBODY ON THE, ON THE LARGER MAP ALREADY OPEN? OH, YEAH. IT'S, THAT'S ALREADY OPEN. IT'S ALREADY OPEN. THE, THE REA THE REASON I'M ASKING IS I THINK THE PROPERTY JUST TO THE OTHER SIDE OF THAT COMMERCIAL PROPERTY, ISN'T THAT, THAT NEW AREA THAT JUST WAS CLEARED ALL THE WAY TO SHO AND THEY'VE DONE ALL THE DETENTION WORK, AND IT'S GONNA BE AN INDUSTRIAL COMPLEX THAT IS, THAT'S WHAT I'M THINKING. THAT IS CORRECT. UH, RIGHT. THE SUBJECT PROPERTY AT THE CORNER OF SHO AND, UH, THE FRONTAGE ROAD IS GOING TO BE A, UM, INDUSTRIAL DEVELOPMENT FOR, UM, FOR THAT AREA. YEP, YEP. SO ALL ALL OF THAT, YEAH, ALL OF THAT AREA, THAT GULF, YEAH, THAT GATEWAY BOULEVARD'S A BRAND NEW ROAD GHOST DRAW THERE. SO I'M JUST TRYING TO GET MY BEARINGS ON WHERE THIS IS RELATIVE TO, UH, YEP. YES. SO THIS IS TO BE LIGHT INTRI. YES. SO THAT IS KNIGHT, YES. WITH THE SWIMMING POOL. I, I, I THINK KNIGHT'S FOR WAY FARTHER WEST, IN MY OPINION, BUT IT DOESN'T MATTER. IT DOESN'T MATTER. THIS IS THE, YEAH. OKEY DOKEY. SORRY, I INTERJECTED. OKAY. THAT'S ALL RIGHT. WE WANNA MAKE SURE EVERYBODY'S CLEAR ON WHERE WE'RE TALKING ABOUT, SO THAT'S OKAY. OUR APOLOGIES FOR NOT, WE, WE SHOULD HAVE GIVEN THE BIGGER PICTURE. THAT'S OKAY. YEAH. UM, SO AS I WAS SAYING THAT THE EXISTING, UM, HOUSE FRONTING ITEM FRONTAGE IS SET BACK FROM THE, UH, THE WESTERN EDGE OF THE SUBJECT PROPERTY IS APPROXIMATELY 20, UH, 240 FEET. THAT'S THE EXISTING ZONING RIGHT NOW, THE SUBJECT PROPERTY. AND IT'S, UM, THE EASTERN PROPERTY, UH, OUR ZONE, GENERAL COMMERCIAL. THE OTHER PROPERTIES TO THE WEST, SOUTH AND EAST ARE ZONED, UM, OPEN SPACE RECREATION, WHICH IS A DEFAULT ZONING, UH, POST ANNEXATION FURTHER EAST, OUR, UH, LIGHT INDUSTRIAL, THIS IS THE FUTURE LAND USE MAP. IT'S, UH, DESIGNATING THE SUBJECT PROPERTY AND ITS ADJACENT PROPERTIES, UH, TO A LARGE SCALE COMMERCIAL. AND THIS IS THE INDUSTRIAL AREA. THE SUBJECT PROPERTY, UM, IN 2020 HAD THIS, UM, HOUSE WITH THE GARAGE. NOW THE HOUSE IS DEMOLISHED. THE ZONING WAS CHANGED TO GENERAL COMMERCIAL, AND THE, THE PROPERTY IS NOW VACANT. THIS IS THE, UH, DEPICTION OF THE, THE SITE PLAN AND HOW THE, UM, THE SUBJECT PROPERTY AND THE DEVELOPMENT LOOK LIKE, UH, WITHIN THE EXISTING USES. UM, SO WE ARE SAYING THAT THIS, THIS CIRCLE SHOWS THE, UM, THE BILLBOARDS, THE COMMERCIAL [00:40:01] BILLBOARD HERE, AND THERE IS ANOTHER ONE AT THE END OF THE, THE PICTURE, UH, AT THE BOTTOM. UH, AND THIS IS THE, UM, EXISTING COMMERCIAL USE TO THE EAST. THAT'S A LOT A CLOSE UP TO THE EXISTING COMMERCIAL USE TO THE EAST, UM, THAT YOU, YOU SEE IT APPEARS TO BE ABUNDANT. UM, AND THIS IS WHERE THE APPLICANT IS WANTED TO VARY FROM. THE, UH, THE SIDE YARD SET BACK TO THE APPLICANT HAS MADE, UH, AN EFFORT TO ORGANIZE THE SITE IN A WAY TO, UM, MINIMIZE THE IMPACT OF THE, UM, THE WAREHOUSE ON ADJACENT USES TO THE EAST AS WELL AS TO THE WEST. UM, SO THE APPLICANT IS PROPOSING TO SET BACK THE WAREHOUSE 275 FEET FROM THE FRONT PROPERTY LINE, A, UM, 112 FEET FROM THE WESTERN PROPERTY LINE. THE APPLICANT IS ALSO PROPOSING TO INCLUDE, UM, A VEGETATIVE BUFFER ON THE WESTERN, UH, EDGE OF THE PROPERTY. UH, IT'S A 20 FEET WIDE VEGETATIVE BUFFER, WHICH INCLUDES EXISTING TREES. SO THE APPLICANT IS RETAINING SOME OF THE EXISTING TREES ON THE PROPERTY, AS WELL AS ADDING, UH, DOUBLE ROWS OF TREES ON THIS WESTERN EDGE. ON THE EAST SIDE, THE APPLICANT IS PROPOSING TO HAVE A SIT BACK SIDE YARD, SIT BACK OF 15 FEET. WITHIN THIS 15 FEET, THE APPLICANT IS PROPOSING TO HAVE, UM, VEGETATIVE BUFFER AS WELL WITH DOUBLE ROWS OF TREES, SCREENING THE EXISTING WAREHOUSE ACTIVITIES, AS WELL AS THE, UM, THE OUTDOOR STORAGE, UM, AT THE SOUTH SIDE OF THE WAREHOUSE. THIS IS HOW, UH, ELITE STORES LOOK LIKE, AND THAT'S WHAT THEY'RE, UH, SOMETHING VERY SIMILAR TO WHAT THEY ARE GOING TO PROPOSE ON THIS SITE. THIS IS A 3D, UH, RENDERING THE APPLICANT, UM, PROVIDED TO SHOW THAT THEY ARE GOING TO SET BACK THE, THE WAREHOUSE, UM, FAR AWAY FROM THE RIGHT OF WAY AND FROM PUBLIC VIEWS. UM, TO THE WEST OF THE PROPERTY, THERE ARE GOING TO, UH, INSTALL TWO ROWS OF TREES, UH, FOR SCREENING AS WELL AS A SIX FOOT, UH, OPEC FENCE TO ALSO SCREEN, UH, ALL THE SIDE, THE WESTERN SIDE, AS WELL AS THE REAR AND THE EAST SIDE OF THE PROPERTY. UM, WOULD YOU LIKE TO GO THROUGH ALL THE, UM, THE CRITERIA? YES, MA'AM. OKAY. TO, UH, ENSURE THE SAME GENERAL LEVEL OF LAND USE COMPATIBILITY AS THE OTHERWISE APPLICABLE STANDARDS, UH, WAREHOUSE, UH, DEVELOPMENT IS PERMITTED IN GENERAL COMMERCIAL WITH THIS CONDITION, UH, OF HAVING A HUNDRED FOOT SETBACK AND IT SAYS, UM, A HUNDRED FOOT SETBACK WITHIN THIS A HUNDRED FOOT SETBACK, WE, THE APPLICANT SHOULD PROVIDE FOR 50 FOOT OPEN SPACE AND 50 FOOT VEGETATIVE BUFFER. SO A, UM, WE THINK THAT THE APPLICANT HAS MADE THE EFFORT TO SCREEN, UM, THE, UM, THE ACTIVITIES OF THE WAREHOUSE. AND WE, UH, WE DETERMINED THAT THE COMPATIBILITY STANDARD, UH, IS MET, UH, IN, IN THIS SITUATION BECAUSE IT'S ADJACENT TO COMMERCIAL USES AS WELL. AND THE WAY THE APPLICANT PUT THE, UH, SETBACK THE WAREHOUSE, IT'S NOT GOING TO AFFECT ADJACENT COMMERCIAL USES, UH, BY ANY MEANS, UH, NOT MATERIALLY OR, UH, ADVERSELY AFFECT ADJACENT END USES, UM, OR ALSO, UM, BY PROPOSING INADEQUATE BUFFERING OR SCREENING SETBACKS. SO THE BUFFERING AND SCREENING AND THE SETBACKS THE APPLICANT HAS PROVIDED, UH, THEM FROM, UM, THE WESTERN SIDE, THE SETBACK IS 112 FEET FROM THE WESTERN SIDE. UH, HOWEVER, DUE TO THE LACK OF LOT FRONTAGE, WHICH IS 210 FEET ONLY, SO THE APPLICANT IS UNABLE TO MEET THIS CONDITION. HOWEVER, THEY ALL, UH, PROPOSING TO HAVE SCREENING AND BUFFERING, AND THEY HAVE SET BACK THE, THE WAREHOUSE FURTHER [00:45:01] BACK TO THE, UH, FURTHER SOUTH. SO IT'S NOT GOING TO HAVE ANY EFFECT ON THE EXISTING COMMERCIAL USE. UM, NOT ADVERSELY AFFECT PROPERTY VALUES. UH, WE, WE DETERMINED THAT IT'S NOT GOING TO, BECAUSE FROM THE RIGHT OF WAY ON PUBLIC VIEWS, YOU ARE GOING TO SEE THE 50 FOOT BUFFER ON THE FRONT YARD, UH, SETBACK, AND YOU ARE GOING TO SEE THE AMOUNT OF TREES THAT THE APPLICANT IS PROPOSING FROM THE WEST SIDE AND FROM THE EAST SIDE. KEEP IN MIND AS WELL THAT THIS AREA IS ALSO, UM, ANTICIPATED FOR LARGE SCALE COMMERCIAL LARGE. SO IT'S NOT AN, IT'S, WE'RE, WE'RE NOT ANTICIPATING THAT THE EXISTING HOME ON, UH, FRONTING, UM, ITEM IS GOING TO, UM, IS GOING TO STAY, BE GENERALLY CONSISTENT WITH THE PURPOSE AND INTENT OF THE ULDC. SO WE, WE THINK THAT THE INTENT OF THE ULDC IS TO SCREEN, UM, ADVERSE USES FROM EACH OTHER. SO IF WE HAVE A GENERAL COMMERCIAL THAT, UM, THAT IS GOING TO AFFECT, UH, ADJACENT RESIDENTIAL, UH, NEIGHBORHOOD OR ESTABLISHED, UH, EXISTING, UH, RESIDENTIAL NEIGHBORHOOD OR LESS INTENSE, UH, ACTIVITY, UH, ADJACENT TO, UM, TO THIS DEVELOPMENT, THEN I THINK THE, UM, THE INTENT IS FOR, UM, THE ULDC TO HAVE, UH, MORE SETBACK AND SEPARATION AND VEGETATIVE BUFFER, UH, BETWEEN THOSE USES. THIS IS NOT THE CASE IN, UH, THAT WE HAVE HERE. WE HAVE THE, UM, THE LARGE SCALE COMMERCIAL RECOMMENDATION FROM THE COMPREHENSIVE PLAN. AND THAT'S WHY WE ARE, UH, WE'RE RECOMMENDING APPROVAL, UM, WITH THE CONDITIONS THAT A, UH, TRANSITION BUFFER WILL BE IN A STALL, UH, ON THE EASTERN AND WESTERN BOUNDARIES AS PROPOSED IN THE APPLICANT'S SITE PLAN. AND THE REQUIRED VEGETATIVE BUFFER ON THE NORTHERN AND SOUTHERN PROPERTY OF THE PROPERTY LINE SHALL BE INSTALLED AS DESCRIBED BY THE ULDC. WE HAVE THE APPLICANT HERE IF YOU HAVE ANY QUESTIONS, AND WE DID NOT RECEIVE ANY, UH, RESPONSES FROM, UH, ADJACENT PROPERTY OWNERS. VERY GOOD. CAN I, I WANTED TO MAKE TWO POINTS FOR YOU BEFORE YOU GET A CHANCE TO ASK. UM, THE FIRST ONE IS, UH, YES, THE CRITERIA ARE DIFFERENT FROM THE VARIANCE. JUST A REMINDER, THIS IS A SPECIAL EXCEPTION INSTEAD OF A VARIANCE. SO AS WE TALK ABOUT HARDSHIP, THAT ONE'S NOT IN THE SPECIAL EXCEPTION. THE SECOND ITEM IS THAT, YES, YOU DID SEE A PREVIOUS ITEM LIKE THIS BACK IN AUGUST, I THINK, UM, THE SITUATION IS A LITTLE DIFFERENT, BUT IT IS A SIMILAR REQUEST, SO, GOT IT. VERY GOOD. THANK YOU. NOW LET US HEAR FROM THE, UH, THE SPEAKERS. IS IT RYAN TAYLOR? UH, YES, SIR. AND TODD HITTING, UH, ACTUALLY, WE'RE JUST HERE ON BEHALF OF THE, OUR CUSTOMER, ELLIOT ELECTRIC, AND WE'LL WELCOME ANY QUESTIONS THAT YOU GUYS HAVE. VERY GOOD. IS THAT THE SAME COMMENT FROM TODD HENNING? THE NAME I CAN'T READ? YES, SIR. SORRY ABOUT THAT. MY MENT SHOULD, IT'S ALMOST AS BAD AS MINE, BUT I'LL FORGIVE YOU. UH, AS YOU SAID, I'M TODD HENNING. UH, YES, SIR. ONLY THING I WANTED TO POINT OUT IS THAT WHEN YOU'RE THINKING WAREHOUSE, UM, THIS IS NOT A LARGE LOADING DOCK FACILITY WAREHOUSE, IT'S MORE OF A MERCANTILE. UH, THEY COME INTO THE SHOWROOM, WHICH IS 3000 SQUARE FOOT OR SO, GET THE SUPPLIES OUT OF THE BACK 8,000 SQUARE FOOT WAREHOUSE. IT'S NOT SEMI TRUCKS COMING IN DAILY AND TRANSFERRING GOODS BACK AND FORTH. IT'S REALLY A MORE OF A LOW KEY OPERATION. GOTCHA. VERY GOOD. THANK YOU GENTLEMEN. UH, THERE BEING NO ONE ELSE TO SPEAK. I'LL CLOSE THE PUBLIC HEARING AND OPEN UP THE CONSIDER, UH, FOR US TO CONSIDER THE REQUEST QUESTIONS TO STAFF. I DO HAVE A QUESTION, UM, AND IT, AND IT MAY TAKE LOOKING AT A PICTURE OR THE, THE APPLICANT'S, UM, SITE PLAN OR PROPOSED SITE PLAN, DO THE, OH, OKAY. UM, THERE YOU GO. HERE LOOKING AT THE PROPOSED SITE PLAN OR THE LANDSCAPE PLAN, ACTUALLY DO, IT APPEARS THAT THERE'S A, A LARGE TREE, AN EXISTING LARGE TREE. IS THAT THE PLAN IS TO KEEP THE TREE THAT I SAW IN THE PICTURE? YES, MA'AM. TO KEEP THAT AS PART OF THE, THE, THE FUTURE. GOOD. THANK YOU VERY MUCH. I GUESS THAT CONCLUDES MY QUESTIONS [00:50:01] FOR THE, FOR THE RECORD, WE WOULD NEVER MAKE AN APPLICANT PULL DOWN TREES ONLY TO PUT UP NEW ONES THAT, WELL, THAT WOULD NEVER HAPPEN. APPLICANTS ARE FREE TO DO THAT. THEY ARE GENERALLY, THEY ARE IN FACT AND DO, YES, YOU'RE ABSOLUTELY RIGHT AND FREQUENTLY DO JUST THANK YOU GENTLEMEN FOR, UH, FOR THAT. OKAY. I WAS JUST GONNA SAY THANK YOU FOR CLARIFYING THE WAREHOUSE. THE PICTURES HELPED AS WELL, BECAUSE NOWADAYS, WHEN YOU SAY WAREHOUSE, THAT I THINK WHAT'S GOING ON ON THE OTHER END OF SHO LANDER OR CLOSER TO SHO LANDER IS REALLY WHAT COMES TO MIND. SO THE PICTURES AS PART OF THAT WAS, WAS VERY BENEFICIAL. 'CAUSE THAT WAS WHAT WAS IN MY MIND. GILBERT, NO, I, I'M CLEAR. I MEAN, THE, THE SIZE OF THE PROPERTY KIND OF DOESN'T LEND ITSELF TO ALL THE ACTIVITY THAT YOU WOULD THINK OF A WAREHOUSE HAVING BECAUSE OF, AGAIN, IT'S ONLY 200 AND SO FEET WIDE AND SO MANY FEET DEEP, AND SO MORE OF A SUPPLY HOUSE. RIGHT. UM, SO, UH, NO, I, I, I THINK IT'S AN APPROPRIATE LOCATION ON INTERSTATE 10. IT'S PROBABLY GONNA BE ONE OF THE BETTER, UH, LOOKING, UM, SITES, EVEN THOUGH IT'S SMALL, IT'S, IT'S A GOOD, IT'S A GOOD EXAMPLE OF SOMETHING THAT SHOULD LOOK NICE OUT THERE. UH, AND THE REASON I WAS ASKING ABOUT THE LOCATION IS BECAUSE I KNOW THAT THIS WHOLE CORRIDOR, YOU KNOW, I KNOW THERE'S A LOT OF PLANS, THERE'S SOME BIG MASTER PLANNING FOR EVERYTHING BETWEEN MAIN AND SHO LAND AND YOU KNOW, SOUTH OF I 10 AND ALL THAT. BUT THIS, THIS PIECE I THINK FITS IN NICELY TUCKED OVER CLOSER TO SHO LAND. SO, UM, YEAH, I DON'T, I KNOW WE SEE THESE DETENTION, UH, PONDS TAKE A LOT OF THE AVAILABLE LAND, AND IT LOOKS LIKE YOU'RE USING IT FOR YOUR SETBACK, WHICH IS A GOOD THING. UM, AND THEN, AND THEN HOPEFULLY, LIKE OUR SCHOOL DISTRICTS HAVE DONE HERE LATELY, WHEN THEY PUT 'EM OUT FRONT, THEY'RE MAINTAINED PROPERLY AND WILL BE A NICE AMENITY AS OPPOSED TO JUST A BIG, YOU KNOW, BIG POND IN THE BACK THAT DOESN'T GET MAINTAINED. SO, UH, NOW THANK, THANK YOU FOR THE VISUALS. AND IT, IT DID, UH, CLEAR IT UP FOR ME AS WELL. SO I DON'T, I DON'T HAVE ANY QUESTIONS ABOUT THE CRITERIA. I THINK I THINK STAFF SUPPLIED THEM CORRECTLY. I WOULD AGREE WITH THAT. AND, UM, YEAH, IT'S, I'M GLAD TO SEE THAT THIS BUSINESS BEING LOCATED THERE, I AGREE WITH, UH, THAT, THAT ALL THE CRITERIA ARE MET. AND ALSO, UH, TACKING ONTO YOUR COMMENT, GILBERT, HOPEFULLY THIS COULD BE LIKE, THIS COULD BE A MODEL FOR OTHER FOLKS TO BUILD AND PUT SOMETHING IN THAT REALLY LOOKS GOOD, EVEN THOUGH IT'S COMMERCIAL. AND I APPRECIATE THAT, HAVING HEARD ALL THAT. UH, I WOULD, UH, ASK FOR A MOTION TO APPROVE THE SPECIAL EXCEPTION. HAVE, HAVE YOU CLOSED THE PUBLIC HEARING? HE DID. OKAY, PERFECT. THANK YOU. YEAH. UM, UH, FOLLOWING THE STAFF'S RECOMMENDATION WITH THE TWO, UH, CONDITIONS AS, UH, THEY HAVE RECOMMENDED. OKAY. WELL, I MOVE THAT WE APPROVE THE SPECIAL EXCEPTION AS PRESENTED BY STAFF WITH RECOMMENDATIONS, UH, THAT WERE MADE. OKAY. AND NEED A SECOND? A SECOND. ANY FURTHER DISCUSSION? HEARING NONE. ALL IN FAVOR SAY AYE. A AYE. ANY OPPOSED? THE SPECIAL EXCEPTION IS APPROVED. THANK YOU. WILL YOU THE SECOND? YES. YES. THANK YOU FOLKS. APPRECIATE IT. WE LOOK FORWARD TO SEEING IT. HOW SOON? PRETTY DARN SOON. . PRETTY DARN SOON. VERY GOOD. I THINK THE, THE 3D RENDERING THAT THEY DID REALLY SHOWS HOW MANY TREES THAT IS. IT IS A LOT OF TREES. THAT'S, THAT'S A TON OF TREES. SO, AND THEY DIDN'T EVEN FLINCH WHEN WE SUGGESTED IT, SO VERY GOOD. MAKE PLANS TO WATER THEM RIGHT NOW. . THANK YOU, GENTLEMEN. THAT IS, THANK YOU VERY MUCH. THANK YOU. THANK YOU. WELL, WE'VE WORKED WITH ELLIOTT ELECTRIC A LONG TIME, AND THESE ARE REALLY GOOD FOLKS, GOOD STEWARDS TO, YES, THEY ARE GOOD STEWARDS TO THE COMMUNITIES THAT THEY'RE INVOLVED WITH. UH, WE'RE LUCKY TO HAVE 'EM AS A CUSTOMER, AND QUITE HONESTLY, YOU GUYS ARE LUCKY TO HAVE THEM AS A, AS A NEW GOOD TO HEAR. FANTASTIC. THANK YOU FOR THAT FEEDBACK. THANK YOU. THANK YOU ALL. THANK YOU VERY MUCH. HAVE A GOOD DAY. AND THE LAST ITEM [a. Receive a report from the Director of Planning and Development.] ON OUR AGENDA IS, UH, ITEM FIVE A TO HEAR A REPORT FROM THE DIRECTOR. YEP. UM, SO JUST SO YOU KNOW, THIS IS NOT, UH, I'LL TAKE THE, THE, UH, DIRECTOR'S REPORT PRIVILEGE. UM, WE ARE, AS YOU HOPEFULLY KNOW, WE'RE UNDERGOING, UM, JUST GETTING STARTED ON A, AN UPDATE OF THE UNIFIED LAND DEVELOPMENT CODE. AND SO WHEN WE SEE THINGS THAT COME THROUGH THIS BOARD MORE THAN ONCE, THAT KIND OF MAKES US GO, OKAY, THAT'S MAYBE SOMETHING THAT NEEDS A LITTLE EXTRA ATTENTION WHEN WE'RE DOING THAT REVIEW OF THE CODE. AND OF COURSE, THIS WAREHOUSE, UM, SITUATION DOES COME UP PRETTY OFTEN AND WE HAVE TO KIND OF REVISIT THAT AND, AND DECIDE AS A CITY, DOES THIS MAKE SENSE EVERYWHERE? DOES IT ONLY MAKE SENSE IN CERTAIN AREAS? HOW, HOW DOES THIS WORK? SO WE WILL BE LOOKING AT ITEMS LIKE THAT AS WE GO THROUGH THAT UPDATE. UM, AND, UM, SO WE, WE MAY SEE SOME, SOME CHANGES TO SOME OF THOSE, AND WE MAY NOT, WE MAY [00:55:01] DETERMINE, NOPE, THIS IS THE WAY IT NEEDS TO BE. AND EVERY ONE OF THOSE WILL STILL COME BACK THROUGH YOU GUYS, BUT WE DON'T SEE IT AS BOARD OF ADJUSTMENT. UM, DECISIONS OBVIOUSLY DON'T MAKE POLICY. SO WE HAVE TO KIND OF TAKE THOSE DECISIONS AND GO BACK AND SAY, AS A COMMUNITY, WHAT, WHAT'S IMPORTANT WHEN WE, UH, WHEN WE ARE LOOKING AT THOSE, UH, RULES AND REGULATIONS. SO, UM, OKAY. SO ITEMS THAT DO, DO YOU HAVE A, CAN YOU CLICK IT FORWARD? YOU CAN'T CLICK IT FORWARD, CAN YOU I'LL JUST GO TO THE PODIUM. THAT'S FINE. OR AMI CAN GO TO THE PODIUM EITHER WAY WAS CLOSE. SORRY. I WAS JUST GONNA DO IT. THANK YOU. UM, OKAY. SO WE HAD, UH, THREE ITEMS THAT, UH, HAVE BEEN, HAVE GONE THROUGH CITY COUNCIL PROCESS, UH, SINCE OUR LAST MEETING. UM, ONE WAS A ZONING MAP AMENDMENT, UH, ON DFI AVENUE FROM SF TWO TO NSC. THIS WAS TO PROVIDE FOR SOME EXISTING BUSINESSES TO HAVE SOME PARKING BEHIND THEIR, UM, THEIR EXISTING BUSINESSES THAT WAS APPROVED. UH, ZONING, MAP AMENDMENT AT SHO LANDER AND I 10 YOU GUYS JUST KIND OF REFERENCED THAT. UM, NOT THE, WHERE THE DE YEAH. UM, TO THE EAST OF WHERE ALL THAT, OR TO, EXCUSE ME, TO THE WEST OF WHERE ALL THAT DETENTION IS IS GOING TO GO. THERE'S ANOTHER ITEM AND THAT ONE IS ACTUALLY, UM, SPECULATIVE. THEY'RE NOT SURE WHAT'S GONNA GO IN THERE, BUT IT IS NOW ZONE GENERAL COMMERCIAL. SO THEY HAVE SOME OPTIONS. UM, THEY DID NOT BEFORE BECAUSE IT WAS, OR, AND, UH, WE HAVE ALSO HAD A TEXT AMENDMENT TO THE ULDC APPROVED, AND THAT WAS TO TAKE ALL OF THE CODE, THE DEVELOPMENT REGULATIONS AND PUT THEM IN THE ULDC WHERE THEY BELONG TO MAKE THEM, UM, EASIER TO FIND, UM, A LITTLE BIT BETTER ORGANIZED. AND, UM, AGAIN, THAT, THAT KIND OF, AS WE DO THAT FULL UPDATE OF THE CODE, IT'LL INCLUDE ALL OF THOSE SECTIONS. NOW, NOT JUST THE ZONING CODE ITSELF, BUT THE ZONING CODE, THE SUBDIVISION REGULATIONS, THE SIGNAGE, THE LANDSCAPING, THE PARKING, THE LIGHTING, THINGS LIKE THAT, THAT ALL USED TO BE SCATTERED AROUND OUR CITY CODE. SO WE CALL IT A UNIFIED LAND DEVELOPMENT CODE. WE WANNA UNIFIED IT. SO WE HAVE UNIFIED IT, AND THAT IS, THAT'LL GO FORWARD THAT WAY SO THAT THAT IS ALREADY APPROVED AND DONE. OKAY. AND THAT WILL HELP NOT ONLY YOU GUYS, BUT DEVELOPERS IN THEORY. IN THEORY. OKAY. , YES. YOU'VE GOTTA, YEAH, IT WILL, YOU'VE GOTTA ALWAYS START WITH THEORY BEFORE YOU GET TO YEAH. FINALITY. WE, WE LOOK AT IT AS, UM, LANDSCAPING IS A PARTICULARLY TRICKY ITEM. LANDSCAPING AND BUFFERING. IT'S IN, IT'S INCLUDED IN I THINK, THREE DIFFERENT PARTS OF THE CODE. IF YOU DON'T KNOW THAT IT'S IN THE PART OF, IT'S IN THE BUILDING CODE, IF YOU DON'T KNOW THAT PART OF IT'S IN THE SUBDIVISION REGULATIONS, YOU MAY NOT GO LOOKING FOR IT BECAUSE THAT'S NOT WHERE IT IS IN OTHER COMMUNITIES. IN WHICH CASE I'M GONNA COME TO STAFF AND SAY, THIS IS THE FIRST I'VE HEARD OF THIS. I DIDN'T KNOW I HAD TO DO ALL THIS STUFF. SO LIKE THE, THE, THE A HUNDRED FOOT SETBACK FOR THE, FOR THE PREVIOUS ITEM THAT WE HAD TONIGHT, PART OF THAT IS THE BUFFERING. AND THAT BUFFERING IS INCLUDED IN THIS LI RIGHT? IT'S IN THIS LIGHT INDUSTRIAL REQUIREMENT IN THE BUILDING CODE IN CHAPTER 18. THERE'S NO WAY YOU WOULD KNOW IT WAS THERE IF YOU WEREN'T LOOKING FOR IT. SO THINGS LIKE THAT, WE HAD TO MOVE AND SAY, OKAY, NOW THESE THINGS ARE TOGETHER AND MAKE SENSE. NOW WHEN WE DO THE FULL UPDATE OF THE CODE, THEY MAY GET ORGAN REORGANIZED AGAIN. SO WHAT, UM, AND ACTUALLY THIS WAS, I THINK CHRIS'S IDEA WAS WE ACTUALLY LEFT THE SAME CHAPTER REFERENCES ON THEM, BUT NOW THEY'RE JUST UNDER A DIFFERENT SECTION OF THE CODE ITSELF. SO NOW IT'S ON ALL UNDER THE ULDC, BUT IT STILL HAS. SO ANYTHING THAT SUBDIVISION REGULATIONS IS STILL SECTION 1 26, ANYTHING THAT WAS IN THE BUILDING CODE IS STILL SECTION 18 INSTEAD OF CHAPTER 18. SO THE NUMBERS STILL REFERENCE WHERE THEY NEED TO REFERENCE. IT'S JUST NOW WE'VE MOVED IT, WE'VE MOVED IT DOWN A NOTCH INSTEAD OF AT THE HIGHEST LEVEL, IF THAT MAKES SENSE. YEP. UM, SO, BUT LIKE I SAID, THOSE WILL PROBABLY GET REORGANIZED WITH THE NEW CODE. UM, AND THE NEW CODE WILL ALSO SHOW SOME, I THINK, SOME TECHNOLOGICAL, UM, TOOLS AND TRICKS THAT WE'VE NEVER HAD BEFORE. I'M REALLY EXCITED ABOUT THAT. THAT TOO. THAT'S GONNA BE, BUT IT'S GONNA BE A YEAR AND A HALF BEFORE WE SEE IT. SO , VERY COOL. IT'S, IT'S A BIG DOCUMENT. UM, THAT'S IT, THAT'S ALL I GOT. VERY GOOD. AND I WOULD JUST LIKE TO SAY THANK YOU FOR STAFF AND THE BOARD. UH, WE DO GOOD STUFF AT THESE MEETINGS, SO THANK YOU. YEP. YES, MA'AM. I, I DON'T KNOW, AND I DON'T KNOW IF THIS IS A QUESTION FOR YOU, MIKE, OR FOR STAFF, BUT IS, IS THERE A DATABASE OR AN EASY WAY FOR ME TO ACCESS, FOR US TO ACCESS OUR HISTORY OF, UM, AGENDA ITEMS THAT WE'VE SEEN OVER THE PAST YEAR, [01:00:01] FIVE YEARS, 10 YEARS? DOES THAT DATABASE EXIST IN AN IN AND, AND THE REASON MR. SRI, THE REASON I BROUGHT IT UP IS JUST TODAY WE RECALL IT WOULD'VE BEEN NICE. WE, IT, YOU KNOW, AND I, I CAN THINK OF TWO CASES THAT WERE SIMILAR TO SOMETHING THAT WE ADDRESSED TODAY. I CAN'T TELL YOU THE ADDRESSES. I COULD ALMOST TELL YOU WHAT COLOR BLOUSE I WAS WEARING THAT DAY. . BUT I, BUT I, BUT I, I, AND I DON'T EVEN KNOW HOW WE PLAYED, HOW THOSE ISSUES PLAYED OUT, BUT WHEN WE TALK ABOUT CONSISTENCY, IT SEEMS RELEVANT. UH, I THINK I CAN TELL YOU HOW BOTH OF THOSE CASES TURNED OUT. MM-HMM . THIS ONE, BUT IT, SO THERE'S MY QUESTION DATABASE. DO WE HAVE ONE? YES, THERE IS, UH, UH, YOU HAVE ACCESS TO THE CLERK'S PAGE, YOU KNOW, THE LINK THAT WE SEND YOU ALL AND IT HAS THE DATE OF THE MEETING, ET CETERA. UM, INSIDE OF THAT, YOU CAN, IF YOU KNOW WHAT DATE THE ITEM WENT ON, OR IF YOU CAN, IF YOU WANT TO PERUSE, YOU CAN GO ABOUT IT THAT WAY. IT MUST BE, THERE MUST BE A BETTER WAY. YEAH. THERE, THERE HAS TO BE A BETTER WAY. THERE'S GOTTA BE A BETTER WAY TO LIBRARY THOSE THINGS ARE. WELL, BUT, BUT YOU MENTIONED THAT YOU'RE LOOKING AT SOME OF THESE THINGS THAT HAVE COME BEFORE US TIME AND TIME AGAIN. SO YOU HAVE THE INFORMATION. I JUST REMEMBERED IT 'CAUSE I WORKED ON IT TIME, YOU SEE, AND, AND I THINK WE'RE JUST REMEMBERING IT, BUT I, I DON'T FEEL VERY CONFIDENT WHEN WE'RE SITTING IN FRONT OF CITIZENS, YOU KNOW, WHO ARE LOOKING TO THIS GROUP FOR A GOOD DECISION, WANNA SAY, WELL, DON'T I REMEMBER THE, AND MAYBE, MAYBE PART OF THE ANSWER TO THAT IS, WHEN Y'ALL REALIZE WHAT YOU DID ON THIS ONE, THAT THERE MIGHT BE A DISAGREEMENT THAT WE CAME UP WITH TO DISAGREE. MAYBE IF YOU HAVE TIME, YOU CAN DO A LITTLE BIT OF RESEARCH AND SEE IF YOU CAN FIND SOME SIMILAR RULINGS THAT WE, THAT WE'VE MADE WHEN IT APPEARED THAT WE DISAGREED WITH STAFF AND APPROVED SOMETHING. SO MAYBE PUT THE BURDEN, PUT THE BURDEN BACK ON Y'ALL A LITTLE BIT TO GUIDE US. WE, WE CAN PROVIDE SOME OF THAT HISTORY. I THINK I WOULD LOOK AT IT TOO AS, UM, IF SOMETHING THAT WAS DONE, SAY THREE YEARS AGO AND FIVE YEARS AGO, YOU MAY HAVE DIFFERENT BOARD MEMBERS NOW AND THEY MAY HAVE DIFFERENT WELL, AND SO NOT, NOT TO SAY THAT CONSISTENT MEANS ALWAYS EXACTLY THE SAME. SURE. BUT I, BUT, BUT WITHIN THAT WE JUST, WE WANT TO BE ABLE AS STAFF TO BE ABLE TO KIND OF SEE WHERE YOU'RE GOING WITH, WITH SOME OF YOUR, YOUR THOUGHT PROCESS. AND, AND, AND YOU'RE RIGHT, WE MIGHT, WE MIGHT HAVE HAD DIFFERENT BOARD MEMBERS, BUT I, I CAN TELL YOU I'VE BEEN ON THIS BOARD FOR MORE THAN 10 YEARS NOW, AND GILBERT AND MIKE WERE HERE BEFORE ME. RIGHT, UNDERSTOOD. I'M THE NEWBIE. BECKY. BECKY'S A NEW ONE. AND IT'S ALREADY BEEN HOW MANY YEAR? I DON'T KNOW. NOT EVEN A YEAR. NO WAY. WELL, YOU KNOW WHAT BUT WHAT'S GOOD FOR ME IS TO KNOW THAT WHETHER WE'RE NEW OR NOT, AND WHETHER WE RECALL OR NOT, THAT WE CAN TAKE THE CASE AND APPLY THE SAME LOGIC AND CRITERIA THAT WE ALWAYS HAVE. RIGHT. AND COME UP WITH A VERY SIMILAR RESULT. AND NOT SIMPLY BASED ON PRECEDENCE, BUT ON THIS PARTICULAR CASE, I AGREE THAT THE DATE, THE INFORMATION WOULD BE HELPFUL TO KIND OF REASSURE OURSELVES THAT WE'RE NOT FLIP FLOPPING BACK AND FORTH. BUT, YOU KNOW, FOR ME IT WAS ABOUT THIS SPECIFIC CORRIDOR. IT WASN'T ABOUT, WELL, HE'S A GOOD GUY AND HE WANTS TO HAVE A HOBBY BARN. RIGHT. IT WASN'T THAT. RIGHT. YOU KNOW, IT WAS, IT WAS SIMPLY THE, THE CORRIDOR. I MEAN, THERE'S A, A, A, A POWER LINE EASEMENT TO HIS EAST AND TO HIS NORTH, AND THERE'S NOTHING BEHIND TO THE EAST OF THEM TILL THE NEXT ROAD. AND IT'S JUST ALL OPEN LAND. THE BARNS IN THE BACK, IT, IT'S, UH, YEAH. YOU, YOU CAN SEE IT IF YOU'RE DRIVING SOUTH AND YOU HAPPEN TO LOOK THAT WAY, AND IF YOU SAW IT, YOU GO, HEY, IT'S NICE. IT'S KINDA LOOK WAY BETTER IN THE POWER LINE. THAT'S A, THAT'S A NICE BUILDING. YOU KNOW, I DON'T THINK ANYBODY IN THEIR MIND WOULD GO LIKE, HEY, HOW, HOW DID THAT GUY GET AWAY WITH THAT BILL? YOU KNOW? YEAH. THAT'S NOT HOW, YEAH. SO, AND, AND YOU KNOW, TOO, THAT STAFF IS OFTEN IN A QUANDARY AND WE DON'T ALWAYS AGREE WITH EACH OTHER. WE LOOK AT IT AND GO, WELL, WHY, WHY SHOULDN'T WE ALLOW THAT? AND WE GO, WELL, WE, WE, RIGHT. WE HAVE TO BE THAT FIRST LINE OF CONSISTENCY AND IN ORDER TO BE CONSISTENT BETWEEN ME AND KRISTEN AND LAMIA AND TRISTAN AND WHOEVER ELSE, WE HAVE TO PRETTY MUCH TOE THE LINE WHERE IT COMES TO THE CODE ITSELF. SO THOSE ARE OFTEN TOUGH CONVERSATIONS WITHIN THE GROUP. UH, OBVIOUSLY AT THE END OF THE DAY, I, IT COMES BACK TO ME, BUT, UM, USUALLY, YOU KNOW, WE HAVE SPIRITED, WE HAD A SPIRITED CONVERSATION TODAY ABOUT ONE OF THESE WHERE WE'RE GOING, I DON'T UNDERSTAND. THIS IS NOT, YOU KNOW, SO THAT'S, WE, WE HAVE TO WORK THROUGH THOSE AS WELL. AND, AND I FEEL REALLY GOOD ABOUT THE TIMES WE HAVE, WE HAVE LEANED THE OTHER WAY SIMPLY BECAUSE YOU COULDN'T ALL IN. WE UNDERSTAND THAT, BUT WE WERE LEANING LEGALLY. RIGHT. WHICH WAS THE OTHER SIDE. BECAUSE I DON'T THINK WE'VE EVER LEANED ILLEGALLY. WELL, WE HOPE NOT BE BECAUSE, BECAUSE WE UNDERSTAND THE DIFFERENCE BETWEEN A, AN ABILITY TO, TO LOOK AT THE CIRCUMSTANCES VERSUS TO IGNORE THE, [01:05:01] THE FACTS AND SAY, WELL, I JUST FEEL LIKE THIS WAY, WHICH WE CAN'T DO. RIGHT. I THINK IT ALSO SPEAKS TO THE FACT THAT WE'RE TRUE BAYTON AND SO WE CAN SPEAK TO THE HISTORY THAT HAS COME BEFORE US AND WE'VE SEEN THE CHANGES. AND SO WHAT WE DIDN'T DO IS HANDCUFF SOMEBODY TODAY TO THAT CHANGE. YEAH. THAT WAS NOT, WE'RE WE'RE ALWAYS LOOKING FOR WAYS TO, TO LOOK TO INTENT OF THE CODE OR TO, IF THERE ARE WAYS TO, TO SAY, WELL, I, I, I BELIEVE AS THE DIRECTOR THAT, THAT WHEN THEY WROTE THIS, THEY MEANT TO WRITE . NOT SOMETHING DIFFERENT, BUT MAYBE THEY LEFT SOMETHING OUT THAT I CAN TAKE IT AND SAY, WELL REALLY THIS HAS MEANT WHEN THERE IS A, AN INCOMPATIBILITY ISSUE, THAT THAT BUFFER SHOULD BE SOMETHING THAT IS PUT INTO PLACE. IF THERE IS NOT A COMPATIBILITY ISSUE, THEN I, I FEEL IN CERTAIN CIRCUMSTANCES I'M GONNA LOOK AT IT AND GO, I'M IGNORING THAT BECAUSE I DON'T THINK THAT WAS THE INTENT OF THE CODE. WE DO STUFF LIKE THAT ALL THE TIME. AND TO BE HONEST, I, I'VE BEEN A PUBLIC PLANNER FOR 20 YEARS AND I REALLY, REALLY STRUGGLE WITH THAT FOR A LONG, LONG TIME BECAUSE THE CODE ITSELF, WE OFTEN GET TOLD USE COMMON SENSE. THE CODE ITSELF DOES NOT ALLOW FOR COMMON SENSE. NO. RIGHT. IT IS SUPPOSED TO BE AS BLACK AND WHITE AS YOU CAN GET, OR, OR THE LAW. RIGHT. YEAH. SO THAT, THAT IS SOMETHING THAT, THAT, BUT I ALSO, IF I'M GONNA MAKE A DETERMINATION THAT DOESN'T STRICTLY ADHERE TO CODE, I WANT TO KNOW THAT I CAN STAND, I TELL, I TELL MY FOLKS THIS ALL THE TIME. I WANNA MAKE SURE I CAN STAND IN FRONT OF COUNSEL OR JUDGE AND BE ABLE WITH A STRAIGHT FACE TO TELL THEM THIS IS WHY I DID THIS AND THIS IS WHY IT MAKES SENSE. SO AS LONG AS I CAN DO THAT, THAT'S MY, THAT'S MY RULER FOR MM-HMM . IT BECAUSE THERE WILL BE, FOR EVERY ONE OF THESE THAT YOU GUYS SEE, THERE'S GONNA BE 10 THAT YOU DIDN'T. AND WE WORKED THROUGH IT SOMEHOW. THE GENTLEMAN WITH THE BARN, WE, WE GAVE HIM SOME, SOME WORKAROUNDS. WE GET SPECIFICALLY A WORKAROUND THAT WE ALL KIND OF WENT THE LETTER OF THE CODE, THIS WOULD WORK. HE DIDN'T WANNA DO THAT. DOES IT MAKE A HUGE DIFFERENCE IN THE IMPACT OF THE NEIGHBORHOOD? NOT AT ALL. NONE. IT JUST WOULD'VE GOTTEN US WITHIN THE LETTER OF CODE. UM, SO, BUT HE DIDN'T WANT TO DO THAT. AND YOU GUYS IT, SO WE DO THINGS LIKE THAT ALL THE TIME. WE TRY TO WORK THEM THROUGH IT IF IT MAKES SENSE. IF IT'S NOT GONNA HAVE AN IMPACT, WE TRY TO GET THEM TO YES. THIS ONE WAS JUST, UH, AGAIN, WE HAD A WORKAROUND. HE DIDN'T WANT TO GO THAT DIRECTION. SO WE SAID, OKAY, WELL HERE'S WHERE IT'S GOTTA GO. YEAH. GOOD STUFF. 'CAUSE WE ARE 75 YEARS OLD. THIS TOWN IS, IT'S NOT LIKE WE'RE A NEWBIE. WE DO HAVE AN ORDINANCE, WHICH A LOT OF TOWNS DON'T HAVE. I THINK, I THINK WE'RE DOING IT RIGHT AND ANYTIME WE CAN APPLY COMMON SENSE, WE NEED TO. 'CAUSE THERE'S TOO MANY AREAS IN THIS WORLD NOW WHERE WE DON'T APPLY COMMON SENSE AND THINGS GET SCREWED UP. YOU KNOW, IT'S INTERESTING. I, I GOTTA GO, BUT I'M GONNA SAY THIS LAST LITTLE THING DOESN'T APPLY TO WHAT WE'RE DOING HERE, BUT, UH, BUT IT'S NOT AN AGENDA ITEM SO I CAN SAY IT. RIGHT. SO, YOU KNOW, IF YOU JUST GO TO THE EAST OF US A LITTLE WAYS AND TO SOME OF OUR ETJ, WE CLAIM OFF OF, UH, 31 80 SOUTH, UH, YOU KNOW, THERE'S SOME REALLY, REALLY NICE ONE STREET NEIGHBORHOODS WITH REALLY NICE HOUSES THAT HAVE HUGE AUXILIARY STRUCTURES BEHIND THEM TO HOUSE ALL THE TOYS THAT EVERYBODY HAS OVER THERE. AND THESE ARE BRAND NEW NEIGHBORHOODS, BRAND NEW BIG HOUSES. AND THOSE BUILDINGS ARE ALMOST AN AMENITY TO THE PROPERTY AS OPPOSED TO A DETERRENT TO EVERYONE THAT LIVES THERE. BECAUSE NINE OUTTA 10 HOUSES HAVE THE BIG BUILDING IN THE BACKYARD. AND IT, YOU KNOW, JUST, JUST DEPENDS ON HOW YOU LOOK AT IT. RIGHT. WELL, AND THAT'S THAT LIFESTYLE, LIKE, LIKE WHEN THAT PROPERTY THAT WE LOOKED AT EARLIER TODAY, THE LIFESTYLE WAS DIFFERENT. THAT LIFESTYLE OUT THERE IS, I KNOW WHAT YOU'RE TALKING ABOUT. A LOT OF TOYS AND GOTTA HAVE A PLACE TO PUT 'EM IN. YOU KNOW, AIRPLANE HANGERS. AIRPLANE HANGERS. YEAH. RV STORAGE. THAT'S RIGHT. YEAH. THERE YOU GO. READY? MUST DO ADJOURN. ADJOURN, MOVE. DONE. THANK YOU. OKAY. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.