* 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] STARTED. YES, WE'RE GOOD? YES. YES. GOOD TO, GOOD TO GET STARTED TODAY? YES, SIR. ALL RIGHT. OFFICIALLY [1. CALL TO ORDER AND ROLL CALL] CALL TO ORDER THIS MEETING OF THE BOARD OF ADJUSTMENT FOR JULY 11TH, 2023. UM, AND ASKED NA, YOU WOULD TO DO A ROLL CALL TO BE SURE WE'RE ALL HERE. GILBERT PRESENT. BARB? HERE. MIKE. PRESENT. ROY. PRESENT. JEFF HERE. VERY GOOD. THERE BEING, THERE'S AN, AN ACCOUNTED FOR . OKAY. SINCE WE DO HAVE A QUORUM, LET'S, UH, MOVE ON TO ITEM [a. Consider approving the meeting minutes of the June 13, 2023, Board of Adjustment regular meeting.] TWO ON THE AGENDA, UH, WHICH IS TO CONSIDER APPROVING THE MINUTES OF OUR JUNE 13 MEETING. AND Y'ALL, Y'ALL HAVE ALL RECEIVED COPIES, I HOPE AND READ 'EM. GOT A MOTION? SECOND? YES, SIR. ANY DISCUSSION? IF NONE? WHO WAS MY SECOND? JEFF? JEFF, IF NO DISCUSSION, UH, ALL IN FAVOR SAY AYE. AYE. AYE. AYE. ANY OPPOSED? MINUTES ARE APPROVED. OKAY. ITEM THREE [a. Conduct a public hearing and consider a request for variance from the Unified Land Development Code (ULDC) to reduce the street side setback from 15 feet to 6.8 feet on the property located at 609 East Adoue Avenue. ] A IS, UH, TO CONDUCT A PUBLIC HEARING. AND BEFORE I READ ALL THAT, IF I COULD ASK, UH, NO, I'M GONNA DO IT. UM, THE RULES, UH, OF OUR PUBLIC HEARING, UH, PUBLIC HEARINGS ARE HELD FOR THE PURPOSE OF GIVING ALL INTERESTED PARTIES THE RIGHT TO SPEAK AND BE HEARD. EVERYONE DESIRING TO SPEAK AT TODAY'S HEARING, UH, SHOULD ASSIGN THE APPROPRIATE LIST AND THAT LIST WILL PROVIDE OUR SPEAKING ORDER. AND DO WE HAVE THAT COMING IN NAY? UM, YES, SIR. TREVOR'S ON HIS WAY. OKAY. UH, EACH SPEAKER SHALL HAVE, UH, SO I'M GONNA ASK EACH SPEAKER TO GIVE HIS OR HER NAME AND ADDRESS, UH, SO WE CAN HAVE A PROPER RECORD, UH, OF, UH, YOUR PARTICIPATION. UM, WE ASK THAT YOU, UH, IF YOU NEED THREE MINUTES, TAKE JUST THREE MINUTES. UH, UM, AND I WOULD ENCOURAGE EVERYBODY TO BE AS CONCISE AS POSSIBLE. AND IF THERE IS A GROUP, WHICH IT DOESN'T LOOK LIKE THERE IS, UH, UH, WE WOULD LIKE ASK THEM TO PICK A SPOKESPERSON INSTEAD OF, UH, EACH SPEAKING. BUT IT DOESN'T LOOK LIKE WE DO HAVE A GROUP. SO, ITEM THREE A, UH, TO CONDUCT A PUBLIC HEARING AND CONSIDER A REQUEST FOR A VARIANCE FROM THE UNIFIED LAND DEVELOPMENT CODE TO REDUCE THE STREET SIDE SETBACK FROM 15 FEET TO 6.8 FEET ON THE PROPERTY. LOCATED AT 6 0 9 EAST AOO AVENUE HERE IN BAYTOWN. AND IF I COULD ASK STAFF TO SUMMARIZE THE VARIANCE REQUEST. GOOD EVENING BOARD MEMBERS. MY NAME IS LAIA SALEM PLANNER TWO. THE PLANNING AND DEVELOPMENT SERVICES, THE PROPERTY IS LOCATED AT THE SOUTHWEST CORNER OF EAST ADU AVENUE AND SEVENTH STREET. IT'S ZONED FOR RESIDENTIAL. IT'S, UH, MIXED RESIDENTIAL AT, UH, MEDIUM LOW TO MEDIUM DENSITIES IS F TWO AND THE FUTURE LAND USE MAP ALSO DESIGNATES THE SUBJECT PROPERTY AS WELL AS THE NEIGHBORHOOD FOR MIXED DENSITY RESIDENTIAL. THIS IS THE SUBJECT PROPERTY. IT HAS 67 FEET OF LOT FRONTAGE ON EAST ADU AND A HUNDRED FEET, UH, DEEP ON NORTH SEVENTH AVENUE. THIS IS A CLOSER LOOK, UH, LOOK OF THE, UM, THE EXISTING FOUNDATION ON THE SUBJECT PROPERTY. AS YOU CAN SEE, IT'S NOW THE, THE FOUNDATION IS CLOSER TO THE RIGHT OF WAY. IT'S NOW SETBACK, 6.8 FEET FROM THE PROPERTY LINE. THIS IS THE HOUSING, UM, THE DWELLINGS IN THIS, UH, AREA. THIS IS THE HOUSE TO THE WEST OF THE SUBJECT PROPERTY. THIS IS THE HOUSE, UH, RIGHT ACROSS ON ADU AVENUE. THIS IS LOOKING NORTH ON THE, UH, NORTH SEVENTH STREET. AND THIS IS THE HOUSE THAT REARS TO THE SUBJECT PROPERTY. THE SUBJECT PROPERTY WAS ISSUED BUILDING PERMIT IN AUGUST OF 2022. AND THAT THIS IS THE APPROVED PLOT PLAN. UM, IT HAS 15 FEET OF STREET SIDE SETBACK. IT HAS MORE THAN 29 FEET OF FRONT YARD SETBACK. IT HAS FIVE FEET ON THE INTERIOR SIDE SETBACK, AND IT COMPLIES WITH ALL [00:05:01] THE ULDC REQUIREMENTS. THIS IS A RECENT SURVEY THAT WAS DONE IN MARCH OF 2023. IT SHOWS THAT THE HOUSE WAS MOVED, UH, TO 17 FEET FROM THE FRONT PROPERTY LINE, WHICH IS, UH, WHICH IS MORE THAN THE MINIMUM OF, UH, 15 FEET FRONT YARD SETBACK. AND ALSO MOVED TO, UM, 6.8 FEET FROM THE EASTERN PROPERTY LINE OR THE RIGHT OF WAY. THIS IS THE PROPOSED, UM, LOCATION OF THE, THE NEW INSTRUCTION. I HAVE THE APPROVED PLOT PLAN AS WELL AS THE PROPOSED PLOT PLAN TO, JUST TO SIMPLIFY THE CHANGES. SO THE APPLICANT, UM, DESIRES TO EXPAND THE DRIVEWAY ON THIS AREA AND, UM, TO, UH, CERTAIN DEPTH ON THE PROPERTY, WHICH IS FINE, UM, BUT ALSO SHIFTED THE HOUSE TOWARDS THE RIGHT OF WAY TO THE EAST. AND, UM, VERSUS THE APPROVED PLAN, WHICH WAS AT 15 FEET STREET SIDE SETBACK. SO, UM, SEVERAL CRITERIA WAS NOT MET, UM, IN THIS, UH, PROPOSAL CRITERIA. NUMBER TWO, HARDSHIP IS OF THE APPLICANT'S OWN MAKING. THE APPLICANT HAD A, UM, BUILDING PERMIT IN PLACE THAT COMPLIES TO ALL, UM, ULDC CODE, UH, DEVELOPMENT STANDARDS, BUT THEY DECIDED TO CHANGE IT WITHOUT OBTAINING, UH, BUILDING PERMIT, UH, BUILDING PERMIT FOR THE NEWLY, UH, CONSTRUCTED, UH, FOUNDATION CRITERIA. NUMBER FIVE DOES NOT. FURTHER THE GOALS AND VISION OF THE COMPREHENSIVE PLAN. THE COMPREHENSIVE PLAN SUPPORTS, UM, ALL NEW INFILL HOUSES AND, UH, NEW DEVELOPMENT, UH, SO LONG AS THEY COMPLY WITH THE ULDC DEVELOPMENT STANDARDS. HOWEVER, IN SOME CASES, WHEN WE HAVE SUBSTANDARD LOTS, WE DO, UM, WE DO, UH, HAVE SOME FLEXIBILITY TO ACCOMMODATE DEVELOPMENT. UH, HOWEVER, THIS IS NOT THE CASE, UH, IN HERE BECAUSE THE SIZE OF THIS PROPERTY IS 6,700 SQUARE FEET, WHICH IS BIGGER THAN, UM, MANY PROPERTIES IN THE NEIGHBORHOOD. IT IS NOT CONSISTENT WITH THE PURPOSE AND THE INTENT OF THE ULDC. THE ULDC, UM, INTENT FOR ENFORCING 15 FEET STREET SIDE SETBACK IS TO KEEP THE, UH, VISIBILITY TRIANGLE, UH, FREE OF ANY STRUCTURES FOR SAFETY. SO IT IS NOT, UM, IN COMPLIANCE WITH THE INTENT OF THE ULDC DOES NOT HAVE SPECIAL CIRCUMSTANCE THAT ARE, UH, PARTICULAR TO THE LAND OR STRUCTURE. AS I SAID, UM, THIS IS NOT A SUBSTANDARD LOT SIZE. IT'S, UH, IT'S FAIRLY LARGER THAN OTHER, UH, PROPERTIES IN THIS, UH, NEIGHBORHOOD. THE LITERAL INTERPRETATION AND ENFORCEMENT OF DIMENSIONAL STANDARD WOULD NOT DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY LANDOWNERS IN THE SAME DISTRICT AS WE PRESENTED. THE, UM, THE FIRST PROPOSAL WAS APPROVED AND WAS ISSUED. BUILDING PERMIT WAS ALL, UH, DEVELOPMENT STANDARD IN PLACE IS NOT THE MINIMUM ACTION THAT WILL MAKE POSSIBLE THE USE OF LAND OR STRUCTURE, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PROPERTY HAS AMPLE SPACE, UM, SO IT CAN ACCOMMODATE SOME CHANGES OF, UH, UH, OF SETBACKS. UH, HOWEVER, THE APPLICANT DID NOT, UH, GO FOR, UH, BUILDING PERMIT, UH, DID NOT CONSULT WITH CITY STAFF BEFORE THEY, UH, THEY PUT THE LOCATION OF THE NEWLY CONSTRUCTED FOUNDATION IN PLACE WILL NOT BRING THE EXISTING AND THE PROPOSED STRUCTURE CLOSER INTO COMPLIANCE. IT'S GOING TO BE CLOSER TO THE RIGHT OF WAY, WHICH IS NOT CLOSER TO COMPLIANCE, AND IT'S CONTRARY TO THE INTENT OF THE ULDC. AND THEREFORE, STAFF RECOMMEND DENIAL. AND I'M HERE FOR ANY QUESTIONS [00:10:01] OR CONCERNS. MY QUICK COMMENT IS, I AGREE TOTALLY WITH THE CRITERIA THAT THEY DO NOT MEET MATCHES, MATCHES MY LIST. QUESTIONS, QUESTIONS BEFORE WE HAVE THE SPEAKER OF STAFF? NO, NO, NO QUESTIONS. OKAY. THANK YOU. THANK YOU. THANK YOU. AND WE DO HAVE ONE, UH, PERSON TO SPEAK. SCOTT HILL, IF YOU WANNA SPEAK, STAND HERE. NO, OVER HERE, PLEASE. AND GIVE US YOUR NAME AND ADDRESS, PLEASE. MY NAME IS PRESTON SCOTT HILL, AND I STARTED ON THIS PROJECT DURING COVID. AND IT TOOK A LONG TIME BECAUSE NOBODY WAS WORKING HERE. I COULDN'T GET ANY HELP, BUT MY ENGINEER AND I DID CALL HIM OUT THERE WHEN I DECIDED TO MOVE THE LOCATION. AND I WANNA POINT OUT ONE THING THAT THE STREET SETBACK LINE IS VERY DECEIVING AND CRAFTY. THE REASON IS, IS BECAUSE EVEN SHE, WELL, SHE DID A WONDERFUL JOB, MADE A MISTAKE ON NUMBER SEVEN. AND NUMBER SEVEN SAYS IT'S, UM, 15 FOOT FROM THE STREET. AND REALITY IS 24 FOOT FROM THE STREET. 'CAUSE WHEN YOU MEASURE FROM THE CURB TO THE FENCE, THAT'S NINE FOOT, AND THEY WANT TO GO INSIDE THE FENCE LINE AND TAKE 15 MORE FOOT. AND WHEN THEY APPROVE THESE PLANS, I DIDN'T KNOW THAT THERE WAS A DRIVEWAY, EXISTING DRIVEWAY ALREADY THERE. AND MY WATER LINES, I HAD TWO GODZILLA PECAN TREES IN THE BACKYARD AND ON ONE OF THOSE TREES. SO I CALLED UP MY ENGINEER, I I STAKED IT OUT. AND I SAID, OKAY, I'M 15 FOOT FROM THE ROAD. AND I SAID, WHAT DO WE GOTTA DO HERE? HE SAYS, AS LONG AS YOU'RE IN THE REALMS OF THE 15 FOOT FROM THE LINE, YOU'RE OKAY. AND YOU DON'T HAVE TO ASK PERMISSION. I SAID, WELL, I DON'T WANNA MAKE ANY MISTAKES BECAUSE I DON'T HAVE MONEY TO CORRECT ANY MISTAKES. AND I FAILED RIGHT THERE. I SHOULD HAVE. HE SAID, EVERYTHING'S OKAY. I'LL CHECK. I NEVER DOUBLE CHECKED ON HIM BECAUSE THE WORDING THAT IS USED, I LOOKED UP TRICKY AND I DIDN'T WANT TO OFFEND ANYBODY OR DEGRADE OR PUT A NEGATIVE THOUGHT. BUT THE BEST WORD, AND I GOT FOUR WORDS IS CRAFTY. OKAY? IN OTHER WORDS, NO JOB DO YOU GO SOMEWHERE, YOU GO, OKAY, RIGHT HERE TO RIGHT HERE IS NINE FOOT. AND RIGHT HERE TO RIGHT THERE IS 15 FOOT. YOU TELL SOMEBODY 24 FOOT, AND THEY UNDERSTAND WHEN YOU PUT 15 FOOT IN THERE AND YOU SEND OUT LETTERS TO THE NEIGHBOR SAYING THERE'S 6.7 FROM THE EASEMENT OR THE SIDE, EVERYBODY THINKS THAT THE SLAB IS SIX FOOT FROM THE CORNER. THE SLAB IS 16 FOOT FIVE FROM THE CORNER AND 27 FOOT FROM THE STREET. AND TODAY I WENT BY, I MEASURE EVERY SINGLE HOUSE ON THE BLOCK, NOT THE MIDDLE STREETS, THE CORNER STREETS, BECAUSE THE MIDDLE STREETS ARE IRRELEVANT TO THE QUESTION. NOT ONE PIECE OF PROPERTY OVER THERE WAS UNDER 16 FOOT. SOME OF 'EM WERE SEVEN. THAT IS FROM THE CURB. SO WHEN I PUT ALL FOUR CORNERS ON THE SAME BLOCK ON 600 ADU, THEY WERE ALL IN THE NEGATIVE NUMBERS, LIKE NEGATIVE SEVEN, NEGATIVE FOUR. AND I WROTE DOWN ALL THEIR ADDRESS, BUT NOT ONE. THE CLOSEST ONE WAS THE ONE SHE SHOWED THE PICTURE OF, WHICH IS DIRECTLY BEHIND THE HOUSE AND 16 FOOT FROM THE CORNER, 16 FROM, FROM THE FRONT. SO MY HOUSE IS FURTHER THAN THAT ONE. AND WHEN YOU LOOK DOWN THE BLOCK, YOU CAN SEE A STRAIGHT LINE OF EVERY SINGLE HOUSE. WHEN YOU LOOK THIS WAY, YOU CAN SEE A STRAIGHT SINGLE LINE OF ALL THE HOUSE I MATCHED THE NEIGHBORHOOD. ORIGINALLY WHEN THEY TOLD ME, THEN IT WOULD'VE PUT THE YARD LIKE 10 FOOT BEHIND, AND I HAD TO CUT DOWN TWO BIG TREES. AND I LIKE THE TREES. AND THE DRIVEWAY ALREADY HAS A STREET CUT IN. I GOT MY WATER RIGHT HERE, MY SEWER IN FRONT OF THE HOUSE. I DIDN'T WANNA MESS THAT UP. SO I DIDN'T ADJUST IT TILL I WENT OVER THERE AND I SEEN, I MARKED OFF THE PROPERTY, SEEN IT HAD TO CUT DOWN, BOTH TREES BE ON TOP OF THE SEWER [00:15:01] LINE, THE WATER LINE. AND I HAD A DRIVEWAY OVER THERE. AND, UM, I DIDN'T TRY TO MISLEAD OR DO ANYTHING BAD, BUT I THINK THAT 15 FOOT ON THE INSIDE OF THE FENCE IS TOO MUCH PROPERTY. AND I'D ALSO LIKE TO POINT OUT THAT THE PROPERTY SIZES, PROPERTY SIZE OVER THERE IS 50 FOOT. AND IF YOU TAKE 24 AWAY FROM 50 AND 24 AWAY FROM THE FRONT, YOU'VE TAKEN 65% OF PROPERTY AS A EASEMENT. AND THE ONLY THING YOU CAN PUT OVER THERE IS A TRAILER. I, I WANT YOU TO REALLY CONSIDER THAT IT DOES MATCH YOUR NEIGHBORHOOD. AND I'LL FURTHER BACK THAT ANYBODY ON THE BLOCK IN THE FRONT, I'M 27 FOOT, THE NEIGHBOR'S HOUSE IS 20. I'M SEVEN FOOT BEHIND THAT. AND ON THE NEIGHBOR BEHIND ME AND ALL THE OTHER NEIGHBORS, I AM ABOUT SIX FOOT ON THIS SIDE OF THEM. SO WHEN YOU LOOK AT MY PROPERTY AND SHE SHOWED IT, YOU'RE LOOKING AT THE INSIDE OF THE GARAGE AND NOTHING EVER GONNA BE BUILT THERE. AND I UNDERSTAND THE RIGHT OF WAY, BUT THE, THERE'S NEVER GONNA BE A SIDEWALK PUT THERE INSIDE NOTHING. STREETS ARE A LANE AND A HALF ALREADY, SO THEY'RE NEVER GONNA WIDEN 'EM UP. IT'S AN OLDER NEIGHBORHOOD. AND IF IT WAS A NEW NEIGHBORHOOD, YOU MIGHT SAY, OH, THE LOTS ARE 120 FOOT. OH, WE CAN TAKE 24 30 FOOT. BUT A NEIGHBORHOOD LIKE THIS, WHEN YOU TAKE 24 FROM THIS SIDE AND SIX FROM THAT SIDE, THAT'S 30. AND THEN YOU HAVE A HOUSE WHICH IS 1600 SQUARE FOOT. IS 200 SQUARE FOOT BIGGER THAN THE OTHER HOUSES. I DON'T WANNA MAKE ONE TOO BIG, IT'S GONNA MAKE IT 14. BUT THAT WOULDN'T EVEN REALLY GIVE YOU THREE BEDROOMS LIKE A CLOSET. SO THAT'S WHY I WENT 16 TO, UM, GET A DECENT SIZED BEDROOM. BUT I NEVER TRIED TO TURKEY ANYBODY. AND I FAILED ON ONE OR TWO OF THE JOBS BY SENDING OTHER PEOPLE THAN MYSELF. AND THAT'S IT. VERY GOOD. THANK YOU MR. HILL. APPRECIATE IT. UH, THERE BEING NOBODY ELSE TO SPEAK. UH, I WILL CLOSE THIS PUBLIC HEARING AND, UH, ASK US TO, UH, CONSIDER THE REQUEST FOR THE VARIANCE AND IF WE GOT ANY QUESTIONS FOR STAFF. ANY QUESTIONS? JEFF? UM, IS THE, ARE THE HOMES LINED UP LIKE HE'S SAYING? YES, THAT'S CORRECT. AND WE ALSO, UM, MENTIONED THAT, UM, THIS, UM, VARIANCE ACTUALLY IS COMPATIBLE WITH THE EXISTING CONDITION OF THESE HOUSES ON SEVENTH STREETS. AND WE MEASURE THE SAME WAY HE MEASURED BECAUSE, UM, THE STREET LINE DOES NOT, UM, IT'S NOT FROM THE PAVEMENT, UM, LINE, WHICH, WHICH EVERYONE IS CONFUSING WITH. SO THE STREET LINE IS ACTUALLY THEIR PROPERTY LINE THAT'S THE RIGHT OF WAY. SO YOUR PROPERTY LINE IS THE RIGHT OF WAY LINE. IT'S NOT THE PAVEMENT OF THE STREET BECAUSE WE, WE SAVE, UM, SPACES FOR, FOR THE SIDEWALKS AND, UH, MAYBE IN THE FUTURE, LANDSCAPING OR STREETSCAPING. UM, HOWEVER, THE 15 FOOT IS REQUIRED INTERNAL INTO YOUR PROPERTY LINE, UH, FOR NEW DEVELOPMENTS. THE OTHER HOUSES WERE OLD, OLDER THAN THE, UH, THE 2013, AND THEREFORE WE HAVE NO, UM, UH, NO, LIKE, WE CANNOT SAY THAT TO THEM LIKE DEMOLISH THE GARAGE OR, OR HAVE THE HOUSE WALL, UH, REMOVED. UM, HOWEVER, WE'RE TRYING TO APPLY THE DEVELOPMENT STANDARDS ON NEW DEVELOPMENT AS MUCH AS WE CAN. UM, AND ALSO BE FLEXIBLE TO, UH, TO SUBSTANDARD, UH, LOTS. SO, SO WHAT HE WAS SAYING WAS, IT WAS CORRECT. IT WAS CORRECT, YES. JEFF, IS YOUR MICROPHONE ON? YES. OKAY. IT'S WAY OUT THERE, . THANK YOU. OKAY. YES. YOU CAN SEE HOUSES HERE FROM THE CURB OF THE STREET ARE, UM, ABOUT 15 TO 17 FEET. AND, UH, BUT AGAIN, THIS IS NOT THE RIGHT OF WAY. THE, THE END OF CURB IS NOT THE RIGHT OF WAY. RIGHT? THE, THE PROPERTY LANE IS THE RIGHT OF WAY LANE. SO WE'RE TAKING AN OLD NEIGHBORHOOD THAT WAS BUILT A CERTAIN WAY AND APPLYING NEW ORDINANCES. YES. WHICH MAKES IT KIND OF DIFFICULT TO DO. BUT THIS, THIS IS THE WAY, UH, WE SHOULD DO, WE SHOULD APPLY THE, THE, THE NEW ORDINANCE, THE NEW CODE, ALWAYS. AND THAT'S WHY WE HAVE THESE DEVELOPMENT STANDARDS IN PLACE BECAUSE WE NOW KNOW MORE INFORMATION ABOUT VISIBILITY, TRYING IT, FOR EXAMPLE, [00:20:01] OR, UH, OR THE NEED FOR A SIDEWALK OR STREETSCAPING. THAT'S WHY WE APPLY THOSE DEVELOPMENT STANDARDS. WELL, ALSO IF YOU JUST, IF YOU JUST LOOK AT LIKE THESE PICTURES HERE, IT'S, IT'S, IT'S CLEAR EVIDENCE THAT WHEN YOU DON'T HAVE THE SETBACK, THESE VEHICLES COULD BE PARKING IN THE CITY RIGHT OF WAY. I MEAN, THE DRIVEWAYS AREN'T EVEN DEEP ENOUGH FOR A VEHICLE TO SIT IN. I KNOW THERE'S NOT A GARAGE ON HIS CONSTRUCTION, BUT I MEAN, THERE'S REASONS FOR SETBACKS. I MEAN, AND THESE SETBACKS ALWAYS START AT THE PROPERTY LINE, NOT WHERE THE STREET IS. THAT DOESN'T MATTER. THE RIGHT OF WAY COULD BE TWICE AS BIG. AND ALL THIS GREEN SPACE, WE'VE DEALT WITH THAT BEFORE. IT'S YOUR PROPERTY LINE IS WHERE THE RIGHT IS WHERE THE SETBACK STARTS. AND SO, UH, I I, I GUESS WHERE I'M STRUGGLING IS IT SEEMED LIKE EVERYTHING, EVERYTHING WAS DONE CORRECTLY. AND THEN IT DIDN'T GO THAT WAY. I DON'T UNDERSTAND THAT. IT, IT, EVERYTHING'S PERMITTED. THERE'S, THERE'S PLOT PLANS LAID OUT, THERE'S SETBACKS, MED, EVERYTHING'S IN PLACE, EVERYTHING'S GOOD. AND THEN ALL OF A SUDDEN IT CHANGES AFTER ALL THAT EFFORT TO MAKE IT RIGHT. AND THEN IT JUST CHANGES. DON'T UNDERSTAND THAT. BARBARA COMMENTS, JUST A, A COUPLE OF COMMENTS OR A COUPLE OF OBSERVATIONS. THE FIRST WAS WHEN I DID A, A DRIVE BY. I APPROACHED THE PROPERTY, I GUESS FROM THE WEST, HEADING EAST SO THAT THE PROPERTY WAS ON MY RIGHT. AND AS I APPROACHED THE CORNER OF ADU AND SEVENTH STREET MM-HMM . THE FENCE CREATED A VISUAL OBSTRUCTION FOR CROSS TRAFFIC ON SEVENTH STREET. THE, THE VERY, THE JUST THE FENCE CREATED A VISUAL OBSTRUCTION FOR PROPERTY THAT WAS THAT, OR FOR VEHICLES THAT WERE HEADING NORTH ON SEVENTH STREET. AND, UM, THAT WOULD BE A PROBLEM IF THERE WAS A, A HOUSE THERE. IF THE, EVEN IF THE FENCE WERE THERE, THAT THAT STILL, IF THE FENCE WEREN'T THERE, THAT MIGHT BE A PROBLEM. THE OTHER THING THAT I WOULD SAY IS REGARDING THE ISSUE OF APPLYING NEW ZONING STANDARDS TO AN OLDER NEIGHBORHOOD IS THE VERY REALITY IS THAT'S THE WAY ZONING WORKS. UH, CONSISTENTLY APPLIED STANDARDS OVER A LONG PERIOD OF TIME. THAT'S THE WAY ZONING WORKS TO IMPROVE PROPERTY CONDITIONS AND QUALITY OF LIFE IN A NEIGHBORHOOD. IT, IT, IT DOES TAKE TIME AND THERE WILL BE SOME INCONSISTENCIES IN OLDER NEIGHBORHOODS, BUT THAT'S THE NATURE OF THE BEAST. SO THAT'S WHAT I HAVE TO OFFER. YEAH, ACTUALLY IS TRUE. I MEAN, THE PROPERTY MIGHT ACTUALLY CREATE SOME VISUAL OBSTRUCTION FOR THE VEHICLES, WHICH IS COMING FROM SEVENTH, AND UNFORTUNATELY IT CAN BE QUITE DANGEROUS. UM, MY COMMENT, UH, COUPLE, UM, UH, UH, THE OWNER GAVE SOME COMPELLING REASONS. UM, BUT AS Y'ALL KNOW, WE REMIND EACH OTHER EVERY MEETING AND AS THE STAFF, UM, THE CRITERIA HAVE TO BE MET. AND INDEED, UNDER THE, UNDER OUR RULES, SEVEN OF 'EM WERE NOT MET. UH, AND I DON'T SEE ANY, UM, AS WE'VE HAD ON OTHER ISSUE, OTHER VARIANCE REQUESTS, GRAY AREAS WHERE WE CAN PERHAPS DISAGREE WITH STAFF. UM, SO, UH, AND, YOU KNOW, ALL 10 HAVE TO BE MET OR WE ARE PROHIBITED FROM GRANTING VARIANCES. UM, SO, UH, ALTHOUGH COMPELLING, UM, WE'RE KIND OF STUCK, IT APPEARS TO ME, UM, ON GRANTING THIS REQUEST. YEAH, I MEAN, THE STRUGGLE IS WE'RE WE'RE TRYING TO APPLY NEW ZONING, UH, REQUIREMENTS TO AN OLDER NEIGHBORHOOD, BUT, BUT SOMEONE WANTS TO BUILD A NEW HOUSE IN AN OLD NEIGHBORHOOD INSTEAD OF AN OLD HOUSE IN A, YOU KNOW, OLD STYLE HOUSE TO FIT THE EXISTING NEIGHBORHOOD. SO WE GOT, WE GOT THE TWO WORLDS THAT ARE, THAT ARE, THAT ARE, UM, COMPETING WITH EACH OTHER. UM, WE'VE HAD SOME OF THESE BEFORE, OLDER NEIGHBORHOOD LOTS THAT WERE LIKE MENTIONED, HAD UNIQUE FEATURES WHERE THE SETBACKS LEFT A BOX IN THE MIDDLE THAT YOU COULDN'T EVEN BUILD ANYTHING ON. WE'VE HAD THOSE AND THE UNIQUENESS OF THE PROPERTY SIZE OR THE SHAPE, UM, AGAIN, WE HAD ONE WHERE IT LOOKED LIKE THERE WAS JUST, YOU KNOW, 50 FEET OF, OF AVAILABLE SPACE, BUT 40 OF IT BELONGED TO THE CITY, DIDN'T BELONG TO THE OWNER. AND SO WHERE IT LOOKED LIKE YOU HAD ALL THIS ROOM, YOU DIDN'T, YOU ONLY HAD FROM YOUR PROPERTY LINE IN, AND THAT'S, THAT'S ALL YOU HAVE. AND SO I, YOU KNOW, I I I HATE, I HATE TO SEE THESE THINGS BECAUSE EVERYTHING [00:25:01] WAS DONE RIGHT AND THEN IT WENT WRONG. AND THAT'S VERY UNFORTUNATE. UM, EVEN A COMPELLING ARGUMENT BEFORE IT'S DONE WOULD'VE BEEN DIFFICULT TO SELL. JUST SAVING TREES. I LOVE TREES, PECAN TREES, I LOVE 'EM. BUT THOSE AREN'T REASONS TO NOT MEET THE REQUIREMENTS. YEAH. AND SO THOSE AREN'T CONDITIONS OF THE PROPERTY. THOSE ARE TREES AND, AND YOU KNOW, IF IT WAS AN EASEMENT IN THE BACK THAT, THAT SHORTENED UP THE PRO, YOU KNOW, WHATEVER WE'VE DEALT WITH THOSE. THIS, THIS ONE IS A GOOD SIZE LOT IN THIS NEIGHBORHOOD. IT'S A CORNER LOT. UM, YEAH, IT'S JUST UNFORTUNATE IT, IT DIDN'T GET, UM, PUT IN THE WAY IT WAS ORIGINALLY APPROVED. MR. CHAIRMAN, UM, I, I WOULD JUST POINT OUT THAT THE BOTTOM LINE IS THERE WERE OTHER OPTIONS AND THEY ORIGINALLY HAD THE PERMITS THAT, LIKE, LIKE YOU SAID, GOT THEM WITHIN THE REGULATIONS AND THEY WERE GOOD TO GO. AND THEN SOMETHING HAPPENED, UH, I ASSUME WITH THEIR CONTRACTOR BETWEEN THE PERMITTING AND THE ACTUAL BUILDING OF THE FOUNDATION WHERE IT WAS NO LONGER IN COMPLIANCE. SO, YOU KNOW THAT THAT'S, THAT'S WHERE IT'S AT. YES, SIR. OKAY. IF THERE AREN'T ANY OTHER COMMENTS, I WOULD, UH, REQUEST A MOTION REGARDING THIS VARIANCE REQUEST. I, I MOVE THAT WE DENY THE REQUEST FOR VARIANCE A SECOND ON THIS PROPERTY. YES, SIR. I HAVE A MOTION AND A SECOND. ANY OTHER DISCUSSION? ALL IN FAVOR OF THE MOTION TO DENY THE VARIANCE REQUEST, SAY AYE. AYE. AYE. AYE. ANY OPPOSED TO THE MOTION? IT'S PASSES. THANK YOU, BARB. THANK YOU. CAN YOU REPHRASE THAT? YOU SAID THE MOTION PASSES, WHICH MEANS THE MO THE MOTION PASSES VARIANCE TO DENY THE THE VARIANCE. YES, SIR. THANK YOU. ALRIGHTY. UM, LET'S MOVE ON [b. Conduct a public hearing and consider a request for a variance from the Unified Land Development Code (ULDC) to reduce the required rear setback from ten feet to five feet on the property located at 120 Bowie Street.] TO ITEM THREE B. UH, AND WE WILL, I'M NOT GONNA READ THE, THE RULES AGAIN ON THE PUBLIC HEARING, UM, 'CAUSE I ALREADY READ 'EM ONE TIME. BUT LET'S, UH, OPEN THE PUBLIC HEARING REGARDING A REQUEST TO, UH, A REQUEST FOR A VARIANCE FROM THE ULDC TO REDUCE THE REQUIRED REAR SETBACK FROM 10 FEET TO FIVE FEET ON PROPERTY, LOCATED AT ONE 20 BOWIE STREET. AND IF WE COULD HAVE STAFF, UH, REVIEW THE REQUEST. HELLO, BOARD MEMBERS. UH, MY NAME'S TREVOR HARLOW. I'M THE CURRENT PLANNING MANAGER AT THE PLANNING DEPARTMENT. SO TO GIVE YOU GUYS SOME BACKGROUND FOR THIS REQUEST AND THE PROPERTY THAT WE'RE DEALING WITH, UH, THIS IS 120 BOWIE STREET. IT'S RIGHT THERE ON THE CORNER, YOU CAN SEE BETWEEN ALMAN AND BOWIE. IT'S, UH, DOWN FROM, UH, BOLSTER MCKINNEY, UH, UH, SH 1 46 BUSINESS HIGHWAY OR GRAND PARKWAY IS TO THE SOUTH. AND THEN ALEXANDER IS A LITTLE BIT, UH, UP TO THE NORTHWEST. KIND OF GIVE YOU A PERSPECTIVE FOR, FOR WHERE WE'RE AT HERE. THE WHOLE NEIGHBORHOOD IS ZONED FOR URBAN NEIGHBORHOOD. UH, THERE'S SOME MIXED USE UP AHEAD, BUT THIS, UH, THE WHOLE NEIGHBORHOOD CONDITION IS URBAN NEIGHBORHOOD AND FUTURE LAND USE MAP HAS A DESIGNATED FOR MIXED DENSITY RESIDENTIAL AND, UH, FOR THE SUBJECT PROPERTY, ONCE AGAIN, BEING IN THE URBAN NEIGHBORHOOD, UH, ONE OF THE ALLOW ALLOWABLE USES IS FOR MANUFACTURED HOMES. SO, UH, THAT IS WHAT THIS CASE IS, IS AROUND, IS A MANUFACTURED HOME PLACEMENT. SO THIS IS THE CURRENT SITE FOR THE PROPERTY. THIS PROPERTY DOES ALREADY HAVE THE MANUFACTURED HOME ON SITE TO KIND OF GET INTO WHAT THE, UH, VARIANCE WE'RE HERE FOR, TO DISCUSS. IT HAS TO DO WITH THE SETBACK ENCROACHMENT. SO SIMILAR TO A IES CASE THAT SHE COVERED, THIS ONE DID HAVE AN APPROVED BUILDING PLAN, AND I'LL SHOW SOME OF THE, UH, SITE PLAN DETAILS HERE IN A MINUTE. BUT IT DID HAVE AN APPROVED, UH, APPROVED BUILDING PERMIT THAT CAME WITH IT. THAT WAS FOR A MANUFACTURED HOME PLACEMENT. UM, THE DETAILS ON THAT DRAWING DID SHOW US FOR A SPECIFICATION FOR A MANUFACTURED HOME THAT WAS 76 FEET AND LENGTH. THE ONE ON SITE IS 80 FEET. AND SO THAT'S WHERE YOU SEE THAT, UH, THAT IT HANGS QUITE A BIT BACK ON THE REAR SIDE. TALKING A LITTLE BIT ABOUT THE SURROUNDING PROPERTIES, UH, THIS ONE IS MORE OF A MIXED BAG OF SURROUNDING PROPERTIES. UH, TYPICAL IN THE URBAN NEIGHBORHOOD AREA, THERE'S A MIX OF, UH, SMALLER, SMALLER PROPERTY HOMES. UH, SOME MANUFACTURED HOMES, OF COURSE, AND, UH, ESPECIALLY IN THIS AREA, IT'S A LOT OF, UH, OLDER ESTABLISHED LOTS. UM, SOME VACANT LOTS AS WELL. THAT'S ON THE OPPOSITE CORNER OF ALMOND STREET. AND THEN, UH, LOOKING DOWN BOWIE STREET THERE AS WELL. SO THIS IS THE SITE PLAN I WAS DISCUSSING WITH YOU. THIS IS WHAT WE RECEIVED FROM THE APPLICANT THAT WAS INCLUDED IN HER APPROVED SITE PLAN THAT SHOWS THE SETBACKS. SO YOU CAN SEE ON HERE, WE'RE SHOWN A 76 FOOT, UH, MOBILE HOME [00:30:01] IS WHAT IS SHOWN HERE. THAT'S MEETING THE FRONT AND THE REAR SETBACK. AND I WILL MAKE A POINT TO DISTINGUISH THIS NOW. SO THIS CAME IN FOR THIS BUILDING PERMIT. AND DURING IT, THEY ALSO RECEIVED AN ADMINISTRATIVE VARIANCE. SO THIS GETS KIND OF CONFUSING. THEY HAVE AN APPROVED ADMINISTRATIVE VARIANCE, AND NOW THEY'RE REQUESTING A ZONING VARIANCE. SO TO NOT GET YOU CONFUSED, THAT IS FOR ONE FOOT. SO IT'S VERY TYPICAL IN OUR URBAN NEIGHBORHOOD DISTRICTS, WHEN MANUFACTURED HOMES COME IN, A LOT OF THEM ARE 76 FEET IN LENGTH, AND A LOT OF OUR LOTS ARE A HUNDRED FEET. YOU NEED TO HAVE 15 FEET FOR YOUR FRONT SETBACK AND 10 FOR YOUR REAR. SO A HUNDRED MINUS 25 TO 75. A LOT OF 'EM BEING 76, WE APPROVE A LOT OF ADMINISTRATIVE VARIANCES FOR ONE FOOT. SO SHE RECEIVED THIS, SO SHE WAS ABLE TO PLACE A 76 FOOTER. SO THAT REAR SETBACK IS ACTUALLY NINE FEET NOW, BUT THE NORMAL REAR SETBACK IS 10 FEET. SO THE OVERALL REDUCTION THAT'S BEING REQUESTED IS 50% TO GO FROM 10 TO FIVE. SO WHAT'S ACTUALLY BEING REQUESTED IS NINE TO FIVE, SINCE THAT ONE WAS ALREADY GRANTED. SO THAT'S WHAT'S BEING SHOWN ON THIS SITE PLAN. AND THIS IS ALSO BACKED UP AGAIN BY THE DETAILS FROM THIS IS, UH, THE HCAD MAP WITH ITS LOT BOUNDARY SHOWING THE A HUNDRED FOOT AND THEN FOR THE FRONT AND THE REAR. AND THEN OF COURSE, THE SIDES, WHICH, UM, AREN'T A PROBLEM HERE, WE'RE JUST LOOKING AT THAT REAR. SO TO GET INTO SOME OF THE CRITERIA, UH, HARDSHIP IS OF THE APPLICANT'S OWN MAKING. UH, THAT'S ANOTHER CRITERIA. THE HARDSHIP WASN'T BEING ABLE TO BE MET THERE. THE, THIS HARDSHIP WAS CREATED BY THE APPLICANT. UH, THEY DID HAVE AN APPROVED BUILDING PLAN OF 76 FEET, BUT THE UNIT THAT THEY DID BRING IN WAS 80 FEET, WHICH MADE IT OVER THAT SETBACK LINE. UM, DOES NOT FURTHER THE GOALS AND VISIONS OF THE COMPREHENSIVE PLAN. UH, COMPREHENSIVE PLAN DOES SUPPORT REVITALIZATION AND REINVESTMENT INTO OLDER NEIGHBORHOODS. SO, WHICH THIS IS, IT'S TAKING A VACANT LOT AND PUTTING A UNIT. BUT, UH, SPECIFICALLY GOING OVER, UH, AND NOT COMPLYING WITH ULD STANDARD ULDC STANDARDS IS NOT SOMETHING THAT SUPPORTS VISIONS AND GOALS OF THE COMPREHENSIVE PLAN. UH, FURTHERMORE WITH THAT IS NOT CONSISTENT WITH THE PURPOSES, INTENT AND INTENTS OF THE ULDC. SO SIMILAR TO THE OTHER CASE, WE'RE DEALING WITH A SETBACK HERE. THIS IS A REAR SETBACK. THERE'S SOME DIFFERENT PURPOSES FOR A REAR SETBACK, BUT IT'S, IT'S SIMILAR TO SETBACKS ON ALL PROPERTIES. IT'S TO ENSURE THAT WHAT YOU'RE BUILDING ON YOUR PROPERTY IS ON YOUR PROPERTY. IT STAYS WITHIN ITS AREAS THAT IT'S NOT TOO CLOSE TO RIGHT OF WAY LINES. IT'S NOT TOO CLOSE TO POTENTIAL EASEMENTS. IT'S NOT TOO CLOSE TO OTHER PROPERTIES. SO MAINTAINING THAT 10, OR IN THIS CASE THAT NINE FOOT SETBACK WOULD HELP TO ENSURE THAT, UH, YOU KNOW, THE PURPOSES OF SETBACKS IS BEING MET. SO THIS ONE IS NOT CONSISTENT WITH THAT. UM, DOES NOT HAVE SPECIAL CIRCUMSTANCES OR, UH, ANY SPECIAL CIRCUMSTANCES TO THE LAND OR THE STRUCTURE. UH, THERE'S NOTHING DIFFERENT OR SPECIAL ABOUT THIS LOT OF COMPARISON TO OTHER ONES. LIKE I MENTIONED, WE GET A LOT OF MANUFACTURED HOME BUILDING PERMITS THAT ARE SIMILAR, 76 FOOT ON A HUNDRED FOOT LOT. AND WE GIVE THAT ONE, THAT ONE FOOT, ONE FOOT VARIANCE. THERE'S NOTHING ADDITIONALLY SPECIAL ABOUT THIS. IT'S JUST THE UNIT IS, IS FRANKLY JUST TOO BIG FOR, FOR THIS AREA. UH, LITERAL INTERPRETATION ENFORCEMENT OF THE DIMENSION STANDARDS, UH, WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY LANDOWNERS IN THE SAME DISTRICT. UH, THE LITERAL INTERPRETATION AND ENFORCEMENT OF THESE DIMENSION STANDARDS ISN'T DOING ANYTHING TO DEPRIVE THEM AS OPPOSED TO TO, UH, OTHER AREAS IN THERE. YOU COULD BRING A MANUFACTURED HOME INTO THIS SAME LOT OF 76 FOOT AND IT WOULD BE ABLE TO BE APPROVED AS THIS ONE WAS. SO THERE, THERE'S NOTHING BEING DEPRIVED OF THIS, UH, APPLICANT'S RIGHTS OFF OF THAT, UH, IS NOT THE MINIMUM ACTION THAT WILL MAKE POSSIBLE THE USE OF THE LANDER STRUCTURE. ONCE AGAIN, KIND OF THE SA IN THE SAME VEIN, THE MINIMUM ACTION WOULD BE TO, YOU KNOW, FOLLOW WHAT WAS SHOWN ON THE BUILDING PLAN AND FOLLOW THOSE DIMENSION STANDARDS AND WILL NOT BRING THE EXISTING AND PROPOSED STRUCTURE CLOSER INTO COMPLIANCE. THIS WENT FROM VACANT LOT TO SOMETHING ON SITE. SO OBVIOUSLY IT'S NOT BRINGING ANYTHING CLOSER TO COMPLIANCE. UM, IT'S NOT MEETING THAT SETBACK REQUIREMENT. SO WITH THAT, UM, ALL OF THOSE, THAT'S SEVEN OUT OF 10 CRITERIA THAT WERE NOT MET ACCORDING TO STAFF ANALYSIS. SO BECAUSE OF THAT, WE ARE RECOMMENDING DENIAL ON THIS REQUESTED VARIANCE. VERY GOOD. ALRIGHT, DO YOU HAVE ANY QUESTIONS OR QUESTIONS? IF NOT, UH, WE'LL ASK THE, UH, FOLKS THAT HAVE SIGNED UP TO SPEAK, UH, CECILIA ALVARADO, SHE'D LIKE TO SPEAK. AND I WILL, I WILL MENTION BEFORE YOU OPEN THIS, UH, SHE IS, UH, SPANISH SPEAKING. SO WE DO HAVE AN, UH, INTERPRETER TRANSLATE. VERY GOOD. THANK YOU. AND BE SURE TO SAY HER NAME AND ADDRESS. SHE CAN TALK TO SPEAK [00:35:02] IDO STREET BAY. UM, SO HER NAME IS, AND SHE IS TALKING ABOUT THE PROPERTY ONE 20 BOGEY STREET. UM, SO SHE'S SAYING THAT SHE HAS ONE QUESTION TO PRESENT. SO SHE'S SAYING THAT THE FIRST TIME SHE HAD AN INSPECTOR COME OUT TO HER PROPERTY, UM, SHE WAS TOLD THAT SHE NEEDED TO MAKE A, OR CONSTRUCT A DRIVEWAY AS WELL AS PUT A MM-HMM . UH, SHE HAD TO PUT, UH, THE SKIRT BASICALLY AROUND THE MOBILE HOME. OKAY. THAT SHE HAD TO REMOVE THE HITCH FROM THE MOBILE HOME, UM, AND THAT SHE HAD TO DO THE ELECTRICITY PLUMBING. UM, SO THEY TOLD THE FIRST INSPECTOR TOLD HER THAT, THAT SHE HAD TO DO ALL THOSE CHANGES. BUT THEN WHEN THIS, THE SECOND DATE OF THE INSPECTOR, WHEN THE INSPECTOR CAME OUT ON THE SECOND TIME, THAT'S WHEN THEY TOLD HER THAT THE MOBILE HOME WAS NOT MEETING THE REQUIREMENTS OF THE SIZE. SO SHE'S REALLY JUST, UM, ASKING OR WONDERING WHY SHE WASN'T TOLD THAT THE MOBILE HOME WAS GOING OVER. UM, THE REQUIRED, I GUESS THE OVER THE, YOU KNOW, THE SIZE OF IT, WHY THEY DIDN'T TELL HER IN THE FIRST PLACE THAT SHE WAS GOING OVER THE FIRST TIME, AND WHY DID THEY HAVE TO MAKE HER MAKE ALL THOSE CHANGES. AND THEN AT THE SECOND INSPECTION THEY TOLD HER THAT SHE, THE MOBILE HOME WAS TOO BIG. SO THAT'S HER BIGGEST, UM, BASICALLY HER BIGGEST, YOU KNOW, WHY SHE'S COMPLAINING IS THAT SHE DIDN'T LIKE THAT THAT WAS DONE AND THAT SHE, YOU KNOW, SPENT A LOT OF MONEY MAKING ALL THOSE CHANGES TO THEN JUST BE TOLD THAT SHE, OKAY, SO THIS, AND THEN SHE'S ALSO SAYING THAT THIS IS ALSO THE SECOND TIME SHE'S BEING TOLD THAT THE MOBILE HOME THAT SHE PUTS ON THE PROPERTY IS TOO BIG. UM, THE FIRST TIME I GUESS SHE WAS TOLD THAT THE MOBILE HOME WAS TOO BIG, SO SHE REPLACED IT WITH THIS OTHER ONE AND SHE'S BEING TOLD THE SAME THING. SO THAT'S HER BIGGEST, HER BIGGEST CONCERN. AND ALSO HER, SHE'S KIND OF WONDERING WHY. OKAY. AND, UH, SHE'S ALSO SAYING THAT, UM, SHE ALSO DOESN'T UNDERSTAND WHY SHE'S BEING REQUIRED TO MOVE THE TRAILER OR TO GET A SMALLER ONE BECAUSE, UM, SHE DOESN'T FEEL LIKE IT BOTHERS, UM, ANYONE ELSE FROM WHEN THEY'RE DRIVING AND IT'S OKAY. AND, UM, THERE'S ENOUGH PARKING IN THE AREA FOR, UM, IT'S BASICALLY NOT OBSTRUCTING, UH, THE NEIGHBORHOOD IN ANY WAY. OKAY. VERY GOOD. UM, WE'LL, WE'LL ACTUALLY ASK STAFF TO ANSWER ALL THOSE QUESTIONS ONCE WE'VE CLOSED THE PUBLIC HEARING. OKAY. OKAY. OKAY. THANK YOU. OKAY, THANK YOU. AND WE HAVE ONE MORE SPEAKER. GEORGE BURNETT. NO, DID NOT DO IT. OH, UH OH. OKAY. , WAS THAT A, THAT'S A SIGN THAT YOU'RE SAFE AND NOT WALL, YOU'RE NOT OUT. VERY GOOD. VERY GOOD. UH, THERE BEING NO MORE SPEAKERS, UH, I'LL CLOSE THE PUBLIC HEARING AND ASK STAFF TO, UH, TALK TO ALL OF US ABOUT THEIR QUESTIONS AND TAKE QUESTIONS FROM THE BOARD. ABSOLUTELY. UH, BEFORE YOU HAVE QUESTIONS, DO YOU WANT ME TO RESPOND TO THOSE QUESTIONS FIRST? WHY DON'T, WHY DON'T WE RESPOND TO THAT FIRST? OKAY. UM, YEAH, SO DEFINITELY, UH, PART OF THIS IS, AS I WAS MENTIONING, IT CAME AS AN APPROVED BUILDING PERMIT. SO THE APPROVED PLAN AND THE SITE PLAN WE GOT WAS FOR 76 FOOT. SO I'M NOT AN INSPECTOR, SO I CAN'T SPEAK TO HOW THE INS INSPECTION CARRIES OUT, BUT IT IS THE ASSUMPTION THAT WHAT YOU'RE, YOU KNOW, PUTTING ON YOUR PERMIT AND THAT WE APPROVE IS WHAT YOU'RE GOING TO PUT PHYSICALLY ON THE SITE. SO WE, WE TRY OUR BEST TO GUIDE, UH, EVERYONE THROUGH THE DEVELOPMENT AND FACILITATE IT AND HELP THEM IN ANY WAY POSSIBLE. UH, BUT WE CAN'T ENSURE ALL THINGS ARE BEING MET. WE HAVE TO, SOME OF THAT HAS TO FALL BACK ONTO THE APPLICANT. SO DURING THAT INSPECTION PROCESS, UH, IT COULD HAVE, SHE, THERE SHE IS CORRECT THAT I, IT COULD HAVE HAPPENED AT THE VERY BEGINNING WHERE, UH, IT WAS MEASURED, BUT THAT ISN'T ALWAYS A TYPICAL INSPECTION PROCESS OF MEASURING EVERYTHING FOR SETBACKS. 'CAUSE THOSE ARE ASSUMED TO [00:40:01] BE CORRECT BASED ON THE BUILDING PERMIT. SO THAT'S REALLY FOR THAT PROCESS THERE. OKAY. UM, KIND OF SPEAKING ON THE REST, UH, I THINK SHE WAS TALKING A LITTLE BIT, UH, RELATED TO THE ADMINISTRATIVE VARIANCE. UM, TO MY KNOWLEDGE, WHAT I'M FAMILIAR WITH IS SHE CAME IN FOR A PROPOSAL OF 76 FEET AND THAT WAS SAID TO BE TOO BIG. AND SO SHE WAS DIRECTED FOR THE ADMINISTRATIVE VARIANCE OF ONE FOOT. UM, I MIGHT BE MISSING SOME OLDER HISTORY ON IT. UH, IF I AM, I, I DO APOLOGIZE. UH, BUT FROM, THAT'S THE ONLY KNOWLEDGE I HAVE. I DON'T RECALL OF IT COMING IN ON A LARGER SIZE AND, AND BEING ASKED TO MOVE. AND THAT ONE FOOT IS ADMINISTRATIVELY GRANTED TO THE STAFF TO DO RIGHT. UH, BY THE DIRECTOR. GOTCHA. UM, WE, WE HAVE, I, I HAVE THE ABILITY TO, UH, GRANT UP TO, UH, 10% OF WHATEVER THAT REGULATION IS. IN THIS CASE IT'S 10 FOOT, SO 10% IS ONE FOOT. SO THAT, THAT WAS, WE, WE DO FEEL THAT THAT'S U USUALLY IT'S PRETTY APPROPRIATE BECAUSE AS TREVOR MENTIONED, UM, A LOT OF THE, THE MOBILE HOMES ARE 76 FOOT, A LOT OF THOSE LOTS ARE A HUNDRED FOOT DEEP. THAT'S REASONABLE. WE, WE BELIEVE, SO WE GO THROUGH THAT PROCESS. UM, I, I THINK TREVOR'S PROBABLY RIGHT ON THE MONEY IN TERMS OF HOW THAT KIND OF WENT DOWN. SHE CAME IN AND SAID, I HAVE 76 FOOT, UH, TRAILER. CAN I GET THE ADMINISTRATIVE? WE SAID, OKAY, GO AHEAD AND GET THE ADMINISTRATIVE VARIANCE. AND THEN SHE CAME OUT WITH AN 80 FOOT TRAILER THAT IS AGAIN, KIND OF, SOME OF THAT HAS TO BE PUT BACK ON THE, THE APPLICANT, I THINK TO SAY I EITHER KNOW HOW LONG IT IS OR I DON'T, UM, ONE WAY OR ANOTHER. GOTCHA. VERY GOOD QUESTIONS OF BOARD THE STAFF. GO AHEAD, GILBERT. WELL, I HAVE A, I HAVE A QUESTION, BUT IT'S NOT FOR STAFF. UH, IT SEEMS THE APPLICANT IS FEELING THAT STAFF SHOULD HAVE TOLD HER THE TRAILER WAS TOO LONG THE FIRST TIME THEY WENT OUT. DID CAN YOU ASK HER IF SHE KNEW THE TRAILER WAS TOO LONG WHEN SHE PUT IT ON THERE? NO, SHE, SHE DIDN'T. OKAY. I MEAN, YOU GOT A PERMIT FOR 76, YOU PUT 80 FOOT ON THERE. IT'S, IT'S NOT ANYBODY ELSE'S FAULT. MS. WOOSTER, DID I UNDERSTAND FROM THE APPLICANT THAT THIS WAS THE SECOND TRAILER SHE PUT ON THE LOT? OR DID I MISS SOMETHING IN, UH, UH, YEAH, SO THAT'S WHAT SHE HAD SAID. ONCE AGAIN, I, I APOLOGIZE IF I, IF I'M MISSING SOME OF THE HISTORY. I WASN'T FAMILIAR WITH AN EARLIER TRAILER. UH, BUT THAT COULD BE SOMETHING THAT I, I DIDN'T SEE IN THE, UH, THE HISTORY OF IT. BUT EITHER WAY, IT'S THE SAME, YOU KNOW, THE SAME RULES WAS SENT BACK AND EVERYTHING. OKAY. THAT'S ALL I HAVE. I, I THINK PROBABLY WAS WHAT TREVOR SAID BEFORE, WHICH IS WHERE SHE WAS TOLD IT WAS TOO BIG THEN GOT THE ADMINISTRATIVE VARIANCE VARI, AND NOW IT'S, IT'S, IT'S TOO BIG A SECOND TIME, BUT IT'S A DIFFERENT TRAILER. THE, THE VARIANCE WAS FOR ONE FOOT, NOT FIVE FEET. THE MATH WAS GOOD. I BELIEVE THAT CASE. GOT IT. THANK YOU GUYS. ANY QUESTIONS? NO QUESTIONS. ANY COMMENTS? NO COMMENTS. OKAY. AND THEN AGAIN, MY ONLY COMMENT AGAIN IS WE HAD IN THE FIRST, UH, ISSUE, YOU KNOW, I'M NOT SURE IF IT WAS SIX OR SEVEN THAT FAIL. UH, AS FAR AS THE CRITERIA, UM, UH, WITHOUT OTHER EXTENUATING CIRCUMSTANCES WHERE THERE MIGHT BE A GRAY AREA, UM, IT APPEARS TO ME THAT PER OUR RULES, UH, THE VARIANCE NEEDS TO BE DENIED. AND AS IN THE FIRST HEARING, I WOULD ASK FOR A MOTION REGARDING THE REQUEST FOR THE VARIANCE I MOVE THAT WE DENY THE REQUEST FOR, FOR THE VARIANCE. VERY GOOD. DO WE HAVE A SECOND? SECOND. ANY OTHER QUESTIONS OR COMMENTS? IF NOT, UH, ALL IN FAVOR OF THE MOTION TO DENY THE VARIANCE, PLEASE SAY AYE. AYE. UH, ANY OPPOSED TO DENYING THE VARIANCE? SO, UH, THE AYES HAVE IT AND THE VARIANCE IS DENIED. THANK YOU, TREVOR. [a. Receive a report from the Director of Planning and Development.] AND THE LAST ITEM ON OUR AGENDA IS THE REPORT FROM THE DIRECTOR START. THANK YOU. I'M, I'M GONNA KEEP THIS ONE PRETTY SHORT. I HAVE, UH, TWO ITEMS. THE FIRST ONE IS I WANTED TO INTRODUCE YOU ALL, OUR NEW ASSISTANT DIRECTOR OF PLANNING, RYAN BITLOCK. UM, HE'S BEEN HERE THIS WEEK, NUMBER THREE, WEEK THREE. SO, UM, IF YOU'VE BEEN AROUND A WHILE, YOU MAY HAVE SEEN, UH, RYAN ONCE BEFORE BECAUSE HE WORKED FOR THE CITY ABOUT 11 OR 12 YEARS AGO, UH, AS A PLANNER. SO NOW HE'S BACK AS ASSISTANT DIRECTOR. SO I WANTED TO MAKE SURE THAT YOU ALL KNEW RYAN AND, AND, UH, AND SAY HELLO. UM, THE ONLY OTHER ITEM I HAVE IS, UM, WE, WE, UH, I I GUESS WE KINDA LUCKED OUT TODAY THAT WE GOT THE BIG ROOM. WE PREFER TO HAVE THESE MEETINGS IN THE BIG ROOM BECAUSE IT'S A LITTLE MORE [00:45:01] FORMAL AND, UM, IT'S KIND OF EASIER FOR SETUP AND ALL THAT OTHER GREAT STUFF. UM, WE'VE BEEN RUNNING INTO SOME, UH, SCHEDULING ISSUES WITH ANOTHER GROUP. UM, WE HAVE TOSSED AROUND THE IDEA OF DOING THIS MEETING ON WEDNESDAYS INSTEAD OF TUESDAYS. JUST MOVE IT ONE DAY. UM, BUT WANTED TO CHECK, WE HAVEN'T MADE ANY MOVES TO DO THAT. WE WANTED TO CHECK WITH, UH, ALL THE BOARD MEMBERS AND MAKE SURE THAT WOULDN'T CREATE A BIG, UM, HASSLE FOR YOU GUYS ON A REGULAR, EVERYBODY HAS A CONFLICT NOW AND THEN WE GET THAT. SURE. BUT AS LONG AS IT'S NOT LIKE, OH MAN, I HAVE A STANDING WEDNESDAY THING. UM, SO, UM, IF YOU COULD MAYBE LET NAY KNOW AFTER, UH, AFTER THE MEETING IF THAT'S SOMETHING THAT'S DOABLE OR NOT. AND THEN WE WOULD, UM, THINK ABOUT AGAIN, IF IF WE HAVE A, A DECENT NUMBER OF PEOPLE THAT CAN MAKE THOSE MEETINGS, THEN WE WILL PROBABLY CHANGE WEDNESDAYS JUST SO WE CAN ALWAYS HAVE THIS ROOM. 'CAUSE RIGHT NOW IT'S NOT BOOKED FOR ANYTHING. SO WE WANT TO CHECK OUR CALENDARS AND BE SURE WE DON'T HAVE A POKER GAME ON WEDNESDAYS. I MEAN, STUDY ON A WEEK DAY. I CAN TELL YOU THAT THE SECOND, I CAN TELL YOU THE SECOND WEDNESDAY OF EVERY MONTH, THE SECOND WEDNESDAY OF EVERY OTHER MONTH, I HAVE A CONFLICT AT FOUR. ANOTHER, ANOTHER SCHEDULED MEETING THAT IS, YOU KNOW, I HAVE A THREE O'CLOCK, THEN A FOUR O'CLOCK THIS, AND IT'S EVERY OTHER MONTH. I, I COULD POSE IT AS ANOTHER QUESTION. IF YOU GUYS DON'T HAVE A PROBLEM DOING IT IN, IN THE HOL CONFERENCE ROOM, THEN WE CAN CONTINUE RIGHT WHERE WE'RE AT AND JUST DO WHAT WE NEED TO DO. BUT AGAIN, HOW ABOUT, HOW ABOUT THE OTHER GROUP MOVE? YEAH. YES. AND YOU'LL LET US KNOW WHO THAT IS. YEAH, WE'LL, WE'LL WE'LL DISCUSS IT WITH 'EM. IF YOU'LL, IF YOU'LL SLIDE US AN EMAIL OR WHATEVER. WE ARGUE ABOUT THAT SCHEDULING ISSUE EVERY TIME IT COMES UP. WE HAVE RANKING CITIZENS PROBABLY ON THIS COMMITTEE. NOT ME, BUT IT'S POSSIBLE. YEARS, GUYS. NINE YEARS. I'VE BEEN FINDING THAT. YEAH. I ACTUALLY SAW SOME OF THEM LEAVE. AND YOU, WE OUT, WE OUTRAN SLACK, THOSE FOLKS. YES, WE DO. OH, TOTALLY SLACKERS. AND THEY'RE DOING OUR . HOW ABOUT ANYBODY ELSE? WEDNESDAYS BAD. BAD. WHAT'S GOOD PHONE? WEDNESDAYS ARE, YOU GUYS CAN LOOK AT YOUR SCHEDULES AND JUST EMAIL, WHATEVER. I'LL, I'LL EMAIL YOU MY, EVERY, I MEAN, I, LIKE I SAID, I HAVE IT. IT'S A LEE COLLEGE FOUNDATION BOARD MEETING. IT'S EVERY OTHER MONTH. LIKE THAT'S GOING ANYWHERE. ONE IN THREE, ONE IN FOUR. THAT OUTRANKS. I'VE BEEN DOING THAT LONGER THAN THIS, SO. OKAY. ALL RIGHT. UNDERSTOOD. WELL, AGAIN, WE WON'T BE MAKING ANY CHANGES TO NEXT MONTH'S, UM, SCHEDULED MEETING. WE, WE WOULD DO IT WELL IN ADVANCE, UH, TO MAKE SURE, BUT WE'LL, WE'LL, AND WE'LL ALSO CHECK AND SEE IF THERE ARE ANY OTHER, UH, VIABLE OPTIONS. BUT THAT'S, UH, NAY AND I HAVE BEEN DISCUSSING THAT FOR A WHILE. AND LIKE I SAID, I, I MUCH PREFER USING THIS ROOM MOSTLY BECAUSE OF THE, THE, THE QUORUM CAN BE KEPT MUCH EASIER IN THIS ROOM WHEN WE GET INTO THE SMALLER ROOM, IT'S MUCH TOUGHER TO, TO KEEP THE, THE, YOU KNOW, JUST THE, THE DECORUM OF THE MEETING ITSELF. WELL WE'VE, WE'VE GOT CITY COUNCIL SNACKS IN THESE ROARS HERE TOO. YEAH, THAT'S TRUE. SO WE DO HAVE THE CITY ROAR. THAT'S TRUE. I'M ALL FOR STEALING FROM THE, THEIR SNACKS. I DO THAT EVERY TIME. AND, AND, AND WE HAVE FIVE MEMBERS AND ONE ALTERNATE, RIGHT? THAT'S CORRECT. SO WE ALWAYS HAVE SIX POTENTIAL FOR THE FOUR THAT WE NEED FOR A MEETING. OKAY. OKAY. SO WE WE CAN MAKE IT WORK. WE CAN MAKE IT WORK. WELL, WE'LL, LIKE I SAID, WE'LL, WE'LL, WE'LL LINE OUT THE OPTIONS AND WE'LL TALK ABOUT IT NEXT MONTH AND SAY, OKAY, WE DEFINITELY WANNA MAKE A CHANGE OR DON'T. SOUNDS GOOD. OKAY. THAT'S ALL I HAVE. ALRIGHT. THANK YOU SIR. SO ONE QUICK, QUICK QUESTION. YES SIR. WHEN, WHEN APPLICANTS ARE, ARE FILLING OUT THEIR REQUEST, THEY'RE AWARE OF THE CRITERIA LIST, RIGHT? 'CAUSE THEY, IT SEEMS LIKE THEY FILL IT OUT. THEY DO. UM, THE APPLICATION HAS THE CRITERIA. THEY'RE AWARE THAT WE HAVE TO MEET ALL OF THEM, RIGHT? YES, WE DO. WE DO REGULARLY LET THEM KNOW. SO I MEAN, WHEN WE HAVE LIKE CONSISTENTLY FIVE TO SEVEN NOT MET, THAT'S, THAT'S, YOU KNOW, THAT THAT'S A PRETTY MUCH, YOU KNOW, CLEAR CUT. I MEAN, ONE OR TWO, ONE COULD BE A LITTLE SUBJECTIVE, ANOTHER COULD BE A SPECIAL CASE. BUT FIVE TO SEVEN OF 'EM IS, WELL, I WILL SAY THIS, LIKE FOR THESE TWO CASES THAT WE, WE CONSIDERED THIS EVENING, THEY WERE ALREADY WELL DOWN THE FINANCIAL PATH OF, WELL, WE MIGHT AS WELL TRY ONE LAST THING. THAT'S TRUE. THAT'S THE WAY I SEE THIS. AND, AND ONE OF THE THINGS TOO IS, IS WHEN, WHEN THEY COME IN AND WE SAY, OKAY, THERE'S AN ISSUE WHEN WE STAFF WILL MEET WITH THEM, AND THEN WE, WE TRY TO GIVE THEM SOME IDEA OF WHERE THIS IS HEADED. BUT WE DO REMIND THEM IT'S NOT OUR, IT'S NOT STAFF'S DECISION TO MAKE. AND AS SUCH, IF YOU FEEL LIKE YOU CAN MAKE A GOOD RUN AT IT AND YOU CAN CONVINCE THE BOARD TO GO IN YOUR DIRECTION, THEN YOU, YOU HAVE THE LEGAL RIGHT TO DO. SO. WE CAN'T, WE CAN'T STOP 'EM FROM DOING IT. BUT AT THE SAME TIME WE TRY TO LET 'EM KNOW, I, YOU KNOW, I DON'T THINK THIS IS GONNA FLY. OR MAYBE, MAYBE YOU CAN, BUT THEN WE'LL SAY, JUST REMEMBER YOU, YOU WANT TO HIT THOSE BECAUSE OUR JOB, EVEN WHEN WE'RE RECOMMENDING AGAINST IS I'M GONNA ADVISE THEM, HERE'S WHAT YOU'D HAVE TO DO IN ORDER TO GET THE BOARD'S APPROVAL ON THIS. AND [00:50:01] THEY SOMETIMES THEY SEE IT, SOMETIMES THEY DON'T. SOMETIMES THEY JUST DON'T HAVE ANOTHER PATH. AND I THINK, I THINK YOU'RE RIGHT. SOMETIMES IT'S JUST LIKE, TAKE ALREADY 10 GRAND IN, I MIGHT AS WELL TAKE ANOTHER $150 SHOT AT IT. SO YEAH. SOME OF THESE, SOME OF THESE CRITERIA THEY HAVE THE WORD INTENT IS SUBJECTIVE TO THE INTENT OF THE AREA THEY'RE IN. RIGHT. TRUE. AND SO YOU CAN KIND OF SOMETIMES LOOK AT THAT AND YEP. MAKE SOME CONCESSION. BUT, BUT WHEN YOU'VE GOT ALL THESE OTHERS THAT ARE JUST PRETTY BLACK AND WHITE, AND WHAT GETS ME IS BOTH THESE CASES, UNFORTUNATELY BOTH THESE CASES DID THE PROPER THING TO START WITH. THEY GOT PERMITS TO DO WHAT THEY, YOU KNOW, WE, WE DEAL A LOT OF TIMES WITH THINGS AFTER THE FACT. TRUE. NO PERMITS TRUE. AND THEY'RE TRYING TO GET, YOU KNOW, GET IT THE WAY THEY DID IT INSTEAD OF, AND AND THIS WAS LIKE THEY DID PERMITS, THEY DID EVERYTHING THE WAY THEY WERE SUPPOSED TO DO, AND THEN THEY JUST DIDN'T EXECUTE IT THAT WAY. YEAH. SO I DON'T UNDERSTAND THAT. AND AND REMEMBER TOO THAT, THAT SOME OF THOSE CRITERIA ARE A LITTLE SUBJECTIVE. YEAH. THEY, IT'S, THEY A A LITTLE BIT, WE NEED THAT FLEXIBILITY, RIGHT. SO WHILE STAFF TRIES TO GIVE YOU ALL THE INFORMATION THAT YOU NEED TO MAKE A DECISION ON WHETHER WE MEET THE, WHETHER THE THE APPLICANT MEETS THOSE CRITERIA OR NOT, IT'S REALLY UP TO YOU GUYS TO MAKE THAT DECISION INDIVIDUALLY. I I THINK IT MEETS ALL 10 AND MAYBE THE NEXT PERSON SAYS, WELL, I DON'T THINK IT MEETS NUMBER TWO, SIX AND SEVEN. IT, IT REALLY IS UP TO YOU AT THE END OF THE DAY, WE DON'T WANT IT TO, TO EVER FEEL LIKE, OKAY, STAFF HAS SAID THIS IS THE LAW BECAUSE THAT OUR JOB IS TO ADVISE. YOUR JOB IS TO TAKE OUR ADVICE AND EVERYTHING ELSE YOU GET FROM THE MEETING BECAUSE THIS IS SOMETIMES INFORMATION THAT WE DON'T, WE DON'T HAVE WHEN WE WRITE THE REPORT MM-HMM . UM, AND SO YOU, YOU TAKE ALL THAT AND MAKE YOUR DECISION FROM THAT. SO, SO, YOU KNOW, IF IF IT WERE UP TO US, WE WOULD JUST MAKE THE CALL AND SAY, NO, THIS IS DENIED. BUT AGAIN, THAT'S, WE JUST PLAY ONE, ONE PIECE OF THE PUZZLE. AND, UH, STAFF DOESN'T HAVE A, YOU KNOW, A STAKE IN THE GAME OTHER THAN TO SAY WE ARE THE KEEPERS OF THE CODE. SO, YEAH. AND WELL, THANK YOU. AND TWO COMMENTS. UM, AS YOU SAID, FROM LISTENING TO THE PEOPLE THAT SPEAK, YOU KNOW, THE FIRST ONE HAD COMPELLING THINGS THAT HE SAID. UNFORTUNATELY, THEY DIDN'T, THEY WEREN'T APPLICABLE TO THE CRITERIA. UM, RIGHT. BUT IT WAS COMPELLING. AND MY LAST COMMENT WOULD BE, UH, FOR A NEW GUY, YOU'VE BEEN, YOU'VE BEEN HERE THREE WEEKS, . I HAVE. YES. ARE YOU GONNA, ARE YOU GONNA STAY? THAT'S THE HOPE. OKAY. PRAISE THE VOTE ALL. SO FIRST ARE GOOD FROM MY CHAIR. ALL RIGHT. I WOULD ASK FOR A MOTION TO ADJOURN. ADJOURN. SECOND. SECOND. UH, YEAH, WE'RE GOOD ALL FAVORS BECAUSE GILBERT'S LEAVING ANYWAY, SO WE MIGHT AS WELL. * 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.