* 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. YES, WE'RE [00:00:01] READY TO GO. [ CITY OF BAYTOWN NOTICE OF MEETING BOARD OF ADJUSTMENT TUESDAY, JULY 14, 2020 4:00 P.M. HULLUM CONFERENCE ROOM, CITY HALL 2401 MARKET STREET, BAYTOWN, TEXAS 77520 AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM Due to the COVID 19 Disaster and the CDC's recommendation regarding social distancing measures, the public will not be allowed to be physically present at this meeting. However, the meeting will be available to members of the public and allow for two-way communications for those desiring to participate. To attend the meeting via video conference, please use the following website www.zoom.com, click on "join a meeting" on the top right hand corner, and input the following Meeting ID: 891 7735 2333. To attend the meeting via telephone, please use the following toll-free number: 1-877-853-5274, Meeting ID: 891 7735 2333. Any person interested in speaking on any item on the agenda must submit his/her request via email to the Planning and Development Service Department at planning@baytown.org. The request must include the speaker's name, address, and phone number that will be used if teleconferencing as well as the agenda item number. The request must be received prior to the posted time of the meeting. The agenda packet is accessible to the public in both HTML and PDF formats at the following link: https://www.baytown.org/city-hall/city-clerk/agendas-minutes. For more information or questions concerning the teleconference, please contact the Planning and Development Service Department at planning@baytown.org. ] ALRIGHTY. SINCE IT'S NOW 4 0 3 ON JULY 14TH, 2020, I ORDER OF AND SEEING AND OUR HEARING THAT WE HAVE, AND I'D LIKE TO, UH, WHICH IS APRIL. CAN Y'ALL HEAR HIM? NO, THEY CAN'T HEAR YOU. MIKE, CAN YOU TRY AGAIN? OKAY. UH, CAN HEAR. OKAY. CAN YOU HEAR ME NOW? YES. YES, SIR. ALRIGHT, LEMME START OVER. SINCE IT'S NOW, UH, 4 0 3 ON JULY 14TH, I'M GONNA CALL MEETING, UH, THE BOARD OF ADJUSTMENTS TO ORDER AND GO TO ITEM ONE A, WHICH IS TO CONSIDER APPROVAL OF THE MINUTES OF OUR LAST MEETING ON APRIL THE 14TH. AND IF Y'ALL ARE OF MIND TO DO SO, I WOULD SEEK A MOTION AND A SECOND TO APPROVE THE MINUTES. MR. WILSON, I SUBMIT, UH, A MOTION TO APPROVE THE MINUTES AS PRESENTED. AND DO WE HAVE A SECOND FROM JESSE OR KATHY SECOND, OR SECONDED? I SECOND. WE HAVE A MOTION AND A SECOND TO APPROVE THE MINUTES. UH, ARE THERE ANY QUESTIONS, IF NOT, UH, ALL IN FAVOR OF APPRO THE MINUTES, PLEASE SAY AYE. AYE. AYE. AYE. ANY, ANY OF THOSE? SAY, KNOW, HEARING NONE THAT MS ARE APPROVED AND LET GO TO ITEM TWO A. ITEM TWO, A PUBLIC HEARING CONCERNING REQUEST FOR A VARIANCE TO ENCROACH AND THE REQUIRED 15 FOOT FRONT YARD AND 10 FOOT REAR YARD SETBACKS AND MIXED USE RESIDENTIAL, UH, AND LOAD OF MEDIUM DENSITIES AS ZONING DISTRICT REQUIRED PURSUANT TO OUR THREE DIVISION. ONE TABLE THREE ONE PROPERTY DEVELOPMENT STANDARDS OF ULDC, AND THIS IS FOR THE PROPERTY LOCATED AT 1613 WEST NOBLE STREET, LEGALLY DESCRIBED AS LOT 10 THROUGH VISTA SUBDIVISION HARRIS COUNTY, TEXAS. AND SINCE IS A PUBLIC HEARING READ, PUBLIC HEARING NOTICE, UH, THIS PUBLIC HEARING TODAY IS BEING HELD FOR THE PURPOSE OF GIVING ALL INTERESTED PERSONS THE RIGHT TO SPEAK AND TO BE HEARD. EVERYONE DESIRING TO SPEAK AT THIS, UH, THIS HEARING SHOULD HAVE EITHER SIGNED THE APPROPRIATE LIST THERE AT THE CITY OR EMAILED IN THE PLANNING DEPARTMENT PRIOR TO THE POSTED TIME OF THIS MEETING. EACH SPEAKER HAVE A LITTLE BE HIS OR HER NAME AND ADDRESS IN ORDER TO PROVIDE A, A PROPER RECORD OF THIS HEARING. AND THE RULES WILL ALLOW THREE MINUTES TO EACH SPEAKER. HOWEVER, I ENCOURAGE EVERYONE TO BE BRIEF TO THE POINT AS POSSIBLE. UH, IF THERE'S A GROUP OF PERSONS WISHING TO REQUEST, UH, PLEASE SELECT THE SPOKE PERSON TO PRESENT. UH, AND IF ANYBODY HAS QUESTIONS, PLEASE DIRECT THEM TO ME AND OUR, AND I'LL DIRECT THEM TO THE STAFF. AND IF WE COULD STAFF, UH, PLEASE SUMMARIZE THE, UH, THE VARIANCE REQUEST FOR TODAY. SURE. THE APPLICANT, MARIA GDA, IS REQUESTING TO ENCROACH INTO THE FRONT YARD SETBACK AT, UH, ZERO FEET AND INTO THE REAR AT SEVEN FEET AS WELL. UH, THEY'RE MAKING THIS REQUEST BECAUSE THEY WOULD LIKE TO CONSTRUCT A NEW HOME ON THIS PROPERTY. THIS AREA IS AN ODOR AREA OF THE CITY AND THE SUBDIVISION WHERE MOST OF THESE PROPERTIES ALONG WEST ON MO STREET, ENCROACH INTO THE FRONT YARD REQUIREMENT. UH, THESE HOUSES WERE BILLED FROM THE 1930S TO THE 1950S, AND THE APPLICANT WOULD LIKE TO HAVE A SIDE YARD LARGER SINCE THE SETBACK TO THE REAR YARD WILL REDUCE THAT. SO SHE'S TRYING TO MAXIMIZE THAT STAFF IS RECOMMENDING A FIVE FOOT FRONT YARD SETBACK DUE TO THE FACT THAT THE NEIGHBORING PROPERTY TO THE, WHAT IS IT TO THE WEST, HAS A DRIVEWAY THERE , AND APPROXIMATELY ENCROACHES ONTO THE FRONT YARD AS WELL. UH, SO THE SETBACK THAT THEY HAVE, IT'S APPROXIMATELY FIVE FEET. THE PROPOSED VARIANCE SUPPORTS THE COMPREHENSIVE PLAN QUALITY LIKE GOALS, ADD THESE GOALS AS WELL AS THE CITY'S VISION [00:05:01] STATEMENT, THE VARIANCE CRITERIA. WE'RE GONNA, WE'RE GONNA HOLD OFF ON THAT CRITERIA JUST FOR THE PUBLIC HEARING. I THINK THAT'S GOOD ENOUGH. AND THEN I WILL STAND UP, BE ABLE TO RESPOND IF SHE HAS THAT. I'M SORRY, NATHAN, SAY THAT AGAIN? UH, I APOLOGIZE, SIR. I JUST WANTED TO, I WANTED THEM TO, UM, I THINK THAT WAS A GOOD ENOUGH INTRODUCTION AS TO WHAT THE ISSUES ARE, UH, BEING REQUESTED THIS PARTICULAR TIME. UM, AND IF THERE'S ANY SORT OF RESPONSE THROUGH THE PUBLIC HEARING, THEN, THEN WE CAN GO AHEAD AND, AND GET THOSE RESPONSES EITHER BY THE APPLICANT AND OR IF THERE'S OTHER PEOPLE SET UP TO, TO RESPOND. AND THEN WE CAN GO THROUGH ALL OF THE, THE 10 CRITERIA IN THE CONSIDERATION ITEM. THAT SOUNDS LIKE A GOOD PLAN. SO, UH, SITTING HERE WITHOUT SEEING THE LIFT, DO WE HAVE SPEAKERS? UM, THE ONLY PERSON THAT, UM, THAT SIGNED UP AND NOTIFIED US PRIOR TO THE MEETING IS MS. BANDA, THE, UM, THE APPLICANT AND SHE IS ON, UM, ZOOM. MS. BANDA, PLEASE GO AHEAD. WELL, THE ONLY QUESTION I HAVE, UH, BASED ON WHAT I GUESS A SUMMARY WAS ABOUT THE DRIVEWAY BEING ON THE PROPERTY, SHE SAID SOMETHING ABOUT THEY FIVE FEET, UM, EASEMENT ONLY BECAUSE OF THE DRIVEWAY BEING ON THE PROPERTY. THE, THE WEST SIDE. I HOUSE ON THE WEST SIDE DRIVEWAY ON THE PROPERTY, BUT BASED ON WHAT I SAW, IT'S NOT BASED ON THE SURVEY AND WHERE THE FLAGS WERE AND STUFF, I MEAN, ON THE VERY END. OKAY. WHAT ELSE? WHAT ELSE? MS. MANEZ, I THINK SHE THINKS YOU ARE TELLING HER THAT THAT PRO, THAT DRIVEWAY THAT YOU MENTIONED IS ON HER PROPERTY. THAT'S WHAT SHE THINKS YOU SAID, BUT BASED ON WHAT I SAW, THERE WAS NO, UM, NOBODY WAS AGAINST IT. AND THEN IT'LL IMPROVE THE CLAIMS, BUT I, SO I DUNNO WHAT WOULD BE THE PROCEDURE FRONT TO, YOU KNOW, I'M OKAY WITH IF, IF THEY WANNA DO THE MENT IN THE FRONT, I'M OKAY WITH THAT. MS. VANDA. OKAY. UH, TO CLARIFY, YOUR NEIGHBOR, ARE YOU THERE, MS. VANDA? UH, I CAN'T, I DON'T THINK SHE, HELEN, WE CAN, WE CAN CLARIFY THAT ZERO TO FIVE BEFORE WE GO INTO THE, UH, CONSIDERATION. OKAY. PART. OKAY. SHE SAID SHE'S OKAY WITH IT, BUT YEAH, I CAN'T HEAR HER ANYMORE. I'M NOT SURE SHE'S CONNECTED. WAS THERE ANOTHER PERSON THAT, UH, HAD CALLED IN BUT MAY NOT HAVE SIGNED UP? UM, YES, I'VE KICKED OUT EVERYBODY THAT HAS NOT, THAT DID NOT NOTIFY US PRIOR TO THE MEETING. OKAY. IT'S STILL PUBLIC MEETING, MEETING DISCONNECTED, TRYING, TRYING TO CONNECT. IT'S STILL PUBLIC. EVERYBODY CAN COME IN WHETHER THEY TALK OR NOT HAPPEN, SO DON'T KEEP IT MORE. OKAY, MS. VANDA? MS. VANDA. MS. VANDA, YOU VERY GOOD, THANK YOU. OKAY. COULDN'T HEAR YOU. YOU ANYTHING ELSE? NO. OKAY. AND STAFF ARE THERE ARE NO OTHER SPEAKERS? NO, SIR. NO OTHER SPEAKERS, STAFF? IS THAT CORRECT? THERE'S NO OTHER SPEAKERS? NOT THAT I KNOW OF, NO. NO, THERE'S NO OTHER SPEAKERS. CAN Y'ALL HEAR ME? YES, SIR. I DON'T THINK HE CAN HEAR YOU. LOOKS LIKE THEY'RE ALL MUTED. CAN Y'ALL HEAR ME? WE CAN HEAR YOU. WE CAN HEAR YOU, MIKE. OKAY. VERY GOOD. IF THERE ARE NO, ARE THERE NO OTHER SPEAKERS? THERE ARE NO OTHER SPEAKERS. OKAY. THERE BEING NO OTHER SPEAKERS UNDER CLOSE THIS PUBLIC HEARING AND MOVE ON TO ITEM UH, TWO B, WHICH IS TO CONSIDER A REQUEST FOR VARIANCE ROACH INTO THE 15 FOOT FRONT YARD, UH, AND THE 10 FOOT, UH, REAR YARD SETBACK, MIXED USE RESIDENTIAL AND LOW MEDIUM DENSITY SF TWO ZONING DISTRICT REQUIRED PURSUANT TO R THREE DIVISION ONE, TABLE THREE [00:10:01] ONE PROPERTY DEVELOPMENT STANDARDS OF ULTC. THE PROPERTY LOCATED AT 1613 WEST HUMBLE STREET LEGALLY DIS AS BLOCK REAL SUBDIVISION HARRIS COUNTY, TEXAS. AND AT THIS TIME WE COULD GO AHEAD THEN IT'S APPROPRIATE NATHAN TO, UH, HAVE STAFF GO THROUGH THE TENANT CRITERIA. OKAY, SO THE PROPOSED VARIANCE CLASS MEETS CRITERIA ONE MEETS 2, 3 4, UM, IN THE SENSE THAT IT IS COMPATIBLE WITH THE LAND USE OF THE AREA. IT'S NOT A HARDSHIP OF THE APPLICANT'S OWN MAKING, THE SUBDIVISION IS OWED, AND THE PROPOSAL IS, UM, UM, SUPPORTS THE PRACTICES AND PATTERNS OF THIS NEIGHBORHOOD. IT IS NOT, IT DOES, IT'S NOT ANTICIPATED THAT IT WILL AFFECT THE ADJACENT LAND USES OR THE PROPERTY VALUES. UH, REGARDING CRITERIA NUMBER FIVE, IT SUPPORTS THE GOALS AND VISIONS OF THE CITY IN REGARDS TO CONTINUOUS IMPROVEMENT AND RESPONSIVENESS TO THE NEEDS OF THE CITIZEN CRITERIA. NUMBER SIX, IT IS GENERALLY CONSISTENT WITH THE U-U-O-D-C, HOWEVER, STAFF RECOMMENDS A FIVE FOOT FRONT YARD SETBACK BECAUSE A NEIGHBORING PROPERTY HAS A DRIVEWAY AND THEY TAKE ACCESS TO THEIR PROPERTY THROUGH THAT DRIVEWAY. AND WE BELIEVE THAT IF IT IS IN ALIGNMENT WITH THE NEIGHBORING PROPERTY, IT WILL NOT OBSTRUCT VISIBILITY FOR WHEN THEY ENTER IN AND OUT OF THE PROPERTY. CRITERIA NUMBER SEVEN, IT MEETS IT, IT IS, UM, NEEDED AS THERE IS A SPECIAL CIRCUMSTANCE. THE EXISTING LOT DOES NOT MEET THE CITY'S CURRENT LOT SIZE REQUIREMENTS, UM, AS WELL AS THE MINIMUM LOT SIZE DIMENSIONS, AND THAT'S BECAUSE IT'S AN OLDER NEIGHBORHOOD. CRITERIA NUMBER EIGHT, THE LITERAL INTERPRETATION OF THE CODE WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHERS IN THIS AREA. IT IS A SMALLER LOT, UH, COMPARED TO THE MINIMUM LOT SIZES THAT WE NOW ASK FOR WHENEVER THEY COME IN FOR NEWER SUBDIVISIONS. CRITERIA NUMBER NINE, GRANTING VARIANCE WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST AS IT WOULD ALLOW THE APPLICANT TO ENHANCE THE QUALITY OF HER LIFE AND HER FAMILY. AND CRITERIA NUMBER 10, ALTHOUGH IT WILL NOT BRING THE, THE PROPOSED RESIDENCE, WILL NOT BRING IT CLOSE INTO CONFINES WITH THE ODC SETBACK REQUIREMENTS. A FIVE FOOT FRONT YARD SETBACK, AS MENTIONED BEFORE, WOULD ALLOW FOR, IT WOULD NOT OBSTRUCT VISIBILITY WITH THE NEIGHBORING PROPERTY. AND A REAR YARD STEPBACK OF SEVEN FEET WOULD BE OKAY AS WELL. AND STAFF. LET'S SEE. SO STAFF RECOMMENDS A FIVE FOOT FRONT YARD SETBACK INSTEAD OF THE ZERO AND RECOMMENDS A SEVEN FOOT REAR YARD SETBACK AS WELL. UM, I DID WANT TO MENTION THAT THERE ARE SOME CONDITIONS THAT HE DID DECIDE TO, UH, APPROVE IT WITH STAFF'S RECOMMENDATIONS AND ANALYSIS. HOWEVER, THE BOARD OF ADJUSTMENT, THEY CAN DECIDE OTHERWISE IF THEY WANT TO APPROVE IT WITH THE ZERO FRONT YARD SETBACK. YEAH, VERY GOOD. UH, THANK, THANK YOU MAY. I'VE GOT A COUPLE OF COMMENTS ON THE . UM, MIKE, NOW I HAVE MIKE, NOW I HAVE THE MIKE. UM, FRED HAS, UM, A COMMENT, UH, MR. CHAIRMAN, THIS IS, UH, FRED MORRIS. I'M NEW ON STAFF. I DON'T THINK WE'VE MET YET BECAUSE I HAVEN'T PARTICIPATED IN A BOARD MEETING YET. UH, THE APPLICANT IN THIS CASE HAD REQUESTED A ZERO FRONT YARD SETBACK, AND WHEN WE EXAMINED KIND OF THE NEIGHBORHOOD, WE SAID, WELL, A FIVE MIGHT BE MORE APPROPRIATE. UH, WHEN WE EXAMINE WHAT'S ACTUALLY ON THE GROUND ALONG THAT ENTIRE STREET, WE FIND SETBACKS FROM THE PROPERTY LINE. THERE'S, THERE'S APPROXIMATELY 16 FEET OF RIGHT OF WAY FROM THE BACK OF CURB TO THE PROPERTY LINE ALONG THAT SIDE OF THE STREET. SO WHEN YOU LOOK AT SIDING, THIS STRUCTURE, IF THEY DO, IF YOU WERE TO ALLOW A ZERO SETBACK, THERE WOULD BE ABOUT 16 FEET BEFORE A, UH, BEFORE [00:15:01] THE, UH, CURB WAS OBTAINED. LIKE IF YOU WERE BACKING OUT OF A CAR OUT OF A DRIVEWAY. UH, THERE ARE A NUMBER OF STRUCTURES THAT ACTUALLY ENCROACH INTO THE RIGHT OF WAY, SOME AS MUCH AS A FIVE OR SIX FEET. SO ZERO SETBACK IS, WE DON'T HAVE AN OBJECTION TO THE ZERO SETBACK, IF THAT'S THE WAY THAT THE BOARD WOULD CHOOSE TO, UM, ADDRESS THE APPLICANT'S REQUEST. OUR FIVE FEET WAS SIMPLY A RECOMMENDATION CONSIDERING THE SETBACK OF THE HOUSE TO THE WEST. THE HOUSE TO THE EAST IS ACTUALLY ENCROACHING OUT INTO THE RIGHT OF WAY. SO IF YOU AVERAGED HIM OUT, IT PROBABLY WOULD COME OUT TO ZERO. SO WE, WE DO NOT HAVE AN OBJECTION TO MS. BANDA'S ZERO SETBACK REQUEST THAT ACTUALLY GIVES, UH, HER A LITTLE, GIVES THEM A LITTLE BIT MORE ROOM AND FLEXIBILITY IN, UH, CONSTRUCTION OF THIS NEW STRUCTURE, WHICH, WHICH WE SEE IS A GREAT INVESTMENT INTO THIS OLDER NEIGHBORHOOD. I MEAN, THIS PROBABLY PREDATES THE INCORPORATION OF BAYTOWN, UH, BY, OR RIGHT AROUND THE SAME TIME IT'S FROM THE, IT'S FROM THE FORTIES. UH, SEEING THIS TYPE OF INFIELD DEVELOPMENT OPPORTUNITY IN THESE AREAS OF TOWN, WE, WE ARE FULLY SUPPORTIVE. SO WE JUST WANTED TO, I WANTED TO MAKE CLEAR THAT THE, THE FIVE FOOT IS SIMPLY A RECOMMENDATION THAT, UH, YOU MIGHT CONSIDER, BUT WE HAVE NO OBJECTION TO THE ZERO SETBACK AS PROPOSED. VERY GOOD, FRED. I, I'M GLAD YOU MENTIONED THAT BECAUSE AS I READ THROUGH THIS YESTERDAY AND AS I DROVE THE NEIGHBORHOOD YESTERDAY, IN FACT THAT'S A, THAT'S A COUPLE OF BLOCKS THAT I DIDN'T EVEN EXISTED IN MY TOWN, AND I'VE BEEN HERE 45 YEARS. UM, AND, AND INDEED MY CONCLUSION Y YESTERDAY WAS THE SAME AS SUGAR, THAT'S A ZERO, UH, WOULD NOT ACTUALLY BE A PROBLEM IN, IN MY OPINION, ALSO IT, THAT THAT GOES RIGHT ALONG WITH, UH, THE, UH, THE, UH, ITEM NUMBER EIGHT OR UH, NUMBER NINE, EIGHT AND NINE, TO ALLOW THIS PROPERTY OWNER TO ENJOY THE SAME RIGHTS AND BENEFITS AS THE OTHERS IN THE NEIGHBORHOOD. UH, RIGHT. SO THIS DEVELOPMENT, AS SHE'S PROPOSING, WOULD BE ENTIRELY CONSISTENT WITH WHAT, UH, THE OTHER CHARACTER, UH, TOTALLY COMPATIBLE WITH THE NEIGHBORHOOD. I AGREE TOTALLY. AND, AND I THINK IT'S A BEAUTIFUL THING TO, UH, BUILD A NEW STRUCTURE IN THAT NEIGHBORHOOD. I AGREE A HUNDRED PERCENT. COULD I, COULD IT, COULD WE GET SOME INPUT MADE FROM JESSE OR KATHY ? UM, MIKE, THIS IS BARB. UH, ONE THING THAT I WANT TO, I'M JUST CURIOUS AND MAYBE NOBODY HERE HAS THE ANSWER, BUT IN THE, THE PROPOSED LAYOUT OF THE STRUCTURE ON THE LOT, IT IS WAY OVER ON THE SIDE. UM, NEAREST, YES, NEAREST OVIEDO TOWARD LAREDO STREET, WEST SIDE. ON THE WEST SIDE. THANK YOU. UM, AND I, AND I'M JUST, AND THAT'S WHERE THE, THE PROPERTY ON THE WEST, THE OVIEDO FAMILY HAS A DRIVEWAY RIGHT THERE ADJACENT TO THEIR PROPERTY LINE. AND, UM, I YES, THANK YOU. THAT ABSOLUTELY SHOWS EXACTLY WHAT I'M TALKING ABOUT. UM, ANY, AND, AND SO MR. MORRIS, WHAT YOU'RE TELLING US IS THE FRONT OF THE OVIEDO FAMILY'S HOME THERE. MM-HMM . UH, IS A APPROXIMATELY IN LINE WITH THE, THE RIGHT OF WAY, SETBACK, THE RIGHT OF WAY THEN PLUS A FIVE FOOT SETBACK. IS THAT, SO IF YOU, IF YOU LOOK AT THAT PHOTOGRAPH, THE, UH, LANDSCAPE EDGING THAT PARALLELS THE STREET, THAT WOULD MORE OR LESS BE THE PROPERTY LINE THAT THE RIGHT OF WAY LINE, THE RIGHT OF WAY LINE. AND, AND THE, THE, THE PROPERTY OWNER'S REQUEST IS TO PUT ESSENTIALLY THEIR STRUCTURE RIGHT AT THAT LINE. EXACTLY. SO YOU CAN SEE THERE'S, THERE'S ROOM FOR WHEN THE PROPERTY ON THE HOUSE ON THE RIGHT, WHEN THEY'RE BACKING OUT OF THEIR DRIVEWAY, VEHICLES THAT MIGHT BE COMING FROM THE DEAD END WOULD BE ABLE TO SEE THEM, THAT THEY WOULD BE ABLE TO, YOU KNOW, HAVE, UH, CORNER CLEARANCES. THE SETBACK THAT'S PROPOSED ON THE DEVELOPMENT IS SEVEN FEET, WHICH IS ACTUALLY TWO FEET MORE THAN WHAT THE REQUIREMENTS ARE. SO OFF OF THAT, ASSUMING THAT THAT POWER POLE IS ABOUT THE PROPERTY LINE, UH, SEVEN FEET OVER TO THE LEFT [00:20:01] WOULD BE ABOUT THE BUILDING SETBACK LINE FOR THE HOUSE, NOT SETBACK. SO INSTEAD OF BEING HOUSES 10 FEET APART, OF COURSE THE HOUSE ON THE RIGHT IS NOT SITTING ON THE PROP, UH, FIVE FEET OFF. IT'S PROBABLY 10 WITH THAT DRIVEWAY. MM-HMM . SO THERE WILL BE MORE, UH, MORE SEPARATION OF THE STRUCTURES THAN IS REQUIRED BY THE MINIMUM OF, UH, THE ZONING REGULATION. THANK YOU. FOR SAFETY PURPOSES, I WOULD, I CONSIDER THE PROPERTY LINE FIVE, SEVEN FEET SO THAT THE, THE HOUSE HERE ON THE RIGHT, ONCE THEY BACK OUT OF THEIR GARAGE OR DRIVEWAY MM-HMM . AT LEAST THEY CAN SEE THAT. YEAH. AND THAT WAS OUR CONCERN WHEN WE INITIALLY LOOKED AT THE, TALKING ABOUT THE FIVE FEET, WAS TO GIVE 'EM A LITTLE EXTRA VISUAL CLEARANCE. BUT WHEN WE FOUND OUT THERE WAS 16 FEET, UH, YOU KNOW, THAT'S ABOUT THE LINKABLE CAR. OKAY. KATHY OR JESSE? OH, THAT WAS KATHY'S COMMENT. OH, I'M SORRY, JESSE, YOU GOT ANY THOUGHTS TO ADD TO THIS? I THOUGHT, I THINK I, NO, SIR. I'M SORRY, JESSE. I WAS JUST SAYING THAT I THINK STAFF DID A GOOD JOB GIVEN THE DETAILS. INDEED. AND I APPRECIATE THAT. 'CAUSE UH, UH, I WAS, I WAS GONNA, I WAS GONNA CHALLENGE A LITTLE BIT THE FIVE FOOT, UH, AND DON, WE HAVE TO NOW, UM, AND AS I ALWAYS DO IN OUR MEETINGS, UM, IF WE'VE GOT NO MORE INPUT, I WOULD, I WOULD SUGGEST THAT, UH, ALL ALTERNATIVE CRITERIA ARE, AND THAT BASED ON THAT, I WOULD, UH, IF THERE'S NO OTHER INPUT FROM, FROM, FROM STAFF OR THE BOARD, UH, I WOULD REQUEST A, UH, MOTION TO APPROVE THE VARIANCE, UH, UH, WITH THE CONDITIONS THAT STAFF HAS PUT OUT, WITH THE EXCEPTION OF NOT REQUIRING THE FIVE FOOT, THE FRONT YARD SETBACK. SO FOR POINT OF, UH, THIS IS BARB AGAIN, MIKE. SO FOR POINT OF CLARIFICATION, YOU ARE REQUESTING A MOTION TO APPROVE WHAT SPECIFICALLY, UH, THE, THE, THE VARIANCE HAS SET IT, UH, AS WITH, YOU KNOW, STAFF, STAFF RECOMMENDATIONS, UH, AT THE VERY END OF, OF THE PACKAGE. AND, AND I WOULD, I WOULD SUGGEST THAT THAT'S PART OF OUR VARIANCE APPROVAL MINUS PROVIDE FRONT YARD. I ZERO THE FRONT SEVEN SIDE. SO, SO MIKE, UH, YOU'RE LOOKING FOR A MOTION TO APPROVE A ZERO FOOT SETBACK AND A SEVEN FOOT SIDE SETBACK? REAR, REAR, REAR, I'M SORRY. REAR HALF SIDE. UH, SO MOVED. KATHY SECOND? YES, KATHY SECOND. I SECOND. JUST FOR CLARIFICATION, THE OTHER CONDITIONS AS WELL THAT ARE IN THE STAFF REPORT. ANY, ANY OTHER QUESTIONS OR COMMENTS PERMIT INSPECTIONS WITH, WITH THE OTHER CONDITIONS AS REQUIRED BY STAFF? OKAY, THANKS. THE OTHER CONDITIONS REQUIRED BY STAFF. YES. WE HAVE A MOTION TO SECOND. ALL THE FAVOR SAY AYE. A AYE. AYE. AYE. THANK YOU, JESSE. ANY OPPOSED? SAY NO, YOU'RE GOOD. THE MOTION, UH, THE VARIANCE IS APPROVED. THANK YOU. UH, THANK YOU MS. BANDA. THANK YOU GUYS FOR YOUR TIME. I APPRECIATE IT. AND NOW I'LL HEAR FROM SOMEBODY OR I'LL GET EMAIL. YES, MA'AM. UM, YOU CAN CONTACT HELEN TOMORROW. OKAY. HELEN. OKAY. THANK YOU. THANK YOU EVERYBODY FOR YOUR TIME. THANK YOU, MA'AM. I LOOK, I LOOK FORWARD TO SEEING YOUR, YOUR INSTRUCTIONS THERE AND, UH, JUST TO GIVE HER GUIDANCE. VERY GOOD. THANK YOU. THANK YOU. UH, MOVING ON TO ITEM THREE, A REPORT, THE C REPORT REGARDING THE ACTION STATE CUSTODY COUNSEL WHILE PLANNING AND ZONING ITEMS PLEASE. UH, YES, MR. CHAIRMAN, UM, STAFF JUST WANTED TO KIND OF GIVE YOU GUYS A HEADS UP. UM, AS TO SOME OF THE TEXT AMENDMENTS THAT HAVE BEEN ADOPTED SINCE, UM, THE LAST TIME THAT WE WERE, UH, IN A MEETING, WE ENDED UP, UM, APPROVING A SMALL BOX OR ADDING A USE, UM, TO SMALL BOX DISCOUNT RETAIL. UM, THIS, UH, ENDED UP BEING, UM, DENIED RECOMMENDED [00:25:01] DENIAL THROUGH P AND Z AND THEN ALSO DENIED THROUGH, UH, CITY COUNCIL. HOWEVER, CITY COUNCIL AMENDED THEIR, THEIR, UM, APPRO, I GUESS DENIAL OR APPROVAL TO, IT WAS NOT DENIED BY CITY COUNCIL. IT WAS AMENDED, I'M SORRY, IT WAS AMENDED BY CITY COUNCIL TO BE INCLUDED IN THE OVERLAY DISTRICT AND THE OVERLAY DISTRICT ONLY, WHICH IS OUR NEW SAN JACINTO OVERLAY, WHICH, UM, IS WEST OF THE, OF THE MALL. IT'S ABOUT APPROXIMATELY 240 ACRES. UM, KIND OF, THAT'S KIND OF THE ROUGH ACREAGE, UH, THAT, THAT, UH, THE OVERLAY ACTUALLY, UM, OVERSEES. SO THAT WAS WHAT HAPPENED WITH THAT PARTICULAR AMENDMENT. AND THEY HAD ENDED UP, UH, ALSO ADOPTING A TRAVEL CENTER AS A NEW USE, UM, TRAVEL CENTER WOULD BE WHAT WOULD BE CONSIDERED TO BE AN IN-BETWEEN USE FROM A, A TRUCK STOP THROUGH IN BETWEEN A GAS STATION AND A TRUCK STOP. AND, UM, THERE WAS A REQUEST FOR THIS TRAVEL TYPE CENTER TO BE, UM, BUILT OVER ON THE 29 ACRES TO THE WESTERNMOST PORTION OF THE CITY OF BAYTOWN, WHICH IS AT WHAT, WHAT PEOPLE REFER TO AS FOUR CORNERS, I BELIEVE IT IS. UM, OR IS THAT, IS THAT CORRECT? NORTH MAIN. YEAH. UM, AND SO THERE WAS A, A REQUEST FOR THAT. THE BIGGEST DIFFERENCE FROM A TRUCK STOP TO A TRAVEL CENTER IS, UH, THEY'RE ABLE TO HAVE A FUELING OF DIESEL, OF, OF COMMERCIAL DIESEL VEHICLES. UM, THERE, UM, LIKE 18 WHEELERS BASICALLY CAN BE USED OR FILLED THERE. UM, AND THE BIG DIFFERENCE IS THAT THEY CAN'T HAVE LIKE A WASTER AND OR OTHER THINGS THAT, UM, UH, OTHER APARTMENTS THAT, UH, WOULD BE USED AS IN A TRUCK STOP. SO THAT WAS KIND OF NEW. UM, ALSO THERE WERE SOME AMENDMENTS TO A NON-RESIDENTIAL ACCESSORY USE STRUCTURES. UM, IN OUR, UM, IN OUR ORDINANCE. BASICALLY WHAT WAS, WHAT WAS DONE THERE IS IT RECOGNIZES FOLKS THAT HAVE, UM, ACCESSORY USE OR, OR THAT WERE, THAT WERE ORIGINALLY RESIDENTIAL USES, UM, AND BROUGHT INTO THE CITY AS RESIDENTIAL USES. THEY, UM, AND, AND HAVEN'T BEEN ZONED APPROPRIATELY AS OF AS OF RIGHT NOW. THEY CAN BE VIEWED AS A, AS A RESIDENTIAL USE AND STAY AS A RESIDENTIAL USE WITHOUT BEING CONSIDERED A NONCONFORMING USE. AND, UM, BEING ABLE TO ADD ON ACCESSORY USES. AND AS A NON-CONFORMING USE, YOU CAN'T DO ANYTHING NEW ON A PIECE OF PROPERTY. HOWEVER, WE'RE VIEWING THIS FOR THESE FOLKS THAT HAVE COME INTO THE CITY THAT HAVE LIVED A, A RESIDENTIAL LIFE AND WE'RE ALLOWING THEM TO DO, UM, SMALL MINOR IMPROVEMENTS TO THEIR PROPERTY SO THEY CAN EXIST AS, AS SUCH AS THEY HAVE FOR, UM, IN THEIR PARTICULAR LOCATIONS FOR A VERY LONG TIME. SO, UM, OTHER REZONINGS THAT IT DID OCCUR ARE, UM, THE ANIMAL SHELTER, WHICH IS CURRENTLY LOCATED DOWN OFF OF THREE 30. UM, THEY WERE, WERE ZONED OPEN SPACE RECREATIONAL, AND, UM, THEY, WE CHANGED IT TO GENERAL COMMERCIAL. THERE IS, UH, CURRENTLY, UM, A REQUEST OR A PERMIT INTO REDO THE ANIMAL SHELTER RIGHT NOW. I'M NOT SURE IF EVERYONE WAS AWARE OF THAT. SO BECAUSE WE WANTED TO, YOU KNOW, EVEN THOUGH IT'S A CITY OWNED PROPERTY, WE WANTED TO KIND OF DO BEST PRACTICES FOR, UM, THE DEVELOPMENT, UH, SIDE OF THINGS. AND THAT WOULD BE THE MOST APPROPRIATE CHANGE FOR THAT TO OCCUR. WE ALSO HAVE COMMUNITY HONDA MOVING FROM THE CORNER OF JOHN MARTIN AND I I 10 OVER ON THE SOUTH SIDE OF I 10. AND THERE WAS, UH, A NEED FOR ADDITIONAL ACREAGE OVER THERE. SO THEY HAD TO CHANGE, UH, A PORTION OF A SMALL PORTION OF WHAT WAS SINGLE FAMILY ESTATE, GENERAL COMMERCIAL IN ORDER FOR THAT TO OCCUR. UM, THERE WAS A CITY SPONSORED, UM, ALONG WEST CEDAR BAYOU AND LYNCHBURG AND, UH, JOHN MARTIN, A LARGE AREA THAT WE ENDED UP BRINGING IN TO THE CITY BACK IN 2017. WE ENDED UP, UM, UH, REZONING A LARGE, UH, ALL THE FRONTAGE, UM, PARCELS THAT ARE ALONG WEST CEDAR BY LYNCHBURG AND JOHN MARTIN TO GENERAL COMMERCIAL. AND THEN, UM, FROM OR TO GENERAL COMMERCIAL AND THEN, UH, I 10 AND SLANDER. UM, THIS MIGHT HAVE, YOU MIGHT HAVE BEEN AWARE OF THIS PARTICULAR PROPERTY, BUT THERE WAS ABOUT 60 ACRES THAT WAS, UM, ZONED OPEN SPACE RECREATIONAL, AND THAT ENDED UP BEING APPROVED TO BE, UM, LIGHT INDUSTRIAL AT THAT PARTICULAR CORNER. UM, THERE WERE, THERE WAS A NUMBER OF, UH, CONDITIONS AND INDEED RESTRICTIONS AND COVENANTS THAT WENT ALONG WITH THAT APPROVAL. UM, BUT THAT [00:30:01] ENDED UP JUST HAPPENING, JUST, UH, I THINK IT WAS ON THE 25TH, UH, ANNEXATION AND REZONING AT 66 10 THOMPSON ROAD. UM, UH, THIS WAS T-REX. T-REX. OH, THANK YOU. T-REX. T-REX CAME IN. THIS WAS ONE PROPERTY. THERE WAS THREE, THREE ACRES THAT HAVE, WAS OUTSIDE THE CITY LIMITS. YOU WOULD NEVER KNOW IT IF YOU DROVE UP THOMPSON ROAD AND LOOKED TO THE EAST, BUT THERE WAS A PORTION THERE. UM, AND THESE FOLKS ENDED UP PURCHASING THAT AND THEN BROUGHT IT INTO THE CITY, ANNEXED IT, AND THEN REASON IT TO LI WHICH LI IS ALL AROUND SURROUNDING THAT WHOLE AREA. SO IT, BUT IT'S A NEW COMPANY THAT IS COMING TO THE CITY TO, UH, PROVIDE SERVICES TO, UH, UH, BOTH EXXON, CHEVRON, AND ENTERPRISE. UM, AND THAT'S ALL I HAVE TO RECORD AT THIS TIME, UNLESS YOU HAVE ANY QUESTIONS OR CONCERNS. SOUNDS LIKE YOU GUYS HAVE BEEN BUSY LATELY. WE HAVE BEEN, AND THINGS HAVE NOT SLOWED DOWN AT ALL, . SO WE'RE DOING OUR BEST TO TRY TO MINIMIZE THE AMOUNT THAT COMES YOUR WAY, BUT WE, UH, FORESEE THERE BEING, UM, UH, PROBABLY SOME MORE, UH, ITEMS COMING YOUR WAY HERE IN THE NEAR FUTURE. BUT THAT'S, THAT'S WHY WE, THAT'S WHY WE GET PAID THE . THAT'S RIGHT. YES. AND YOU EARN EVERY PENNY. YES, MA'AM. UM, VERY GOOD. UM, IF WE'RE GETTING CLOSE TO THE END, UH, I'D JUST LIKE TO SAY THANKS TO HELEN, FRED, NATHAN, UM, THE REST OF THE STAFF THAT'S THERE TO, I CAN'T SEE. I'LL BE THERE NEXT TIME. AND I, I, I HATE NOT BEING ABLE TO BE ANYBODY BASIS. UM, THANK YOU. THANK YOU BOARD FOR BEING ON, ON BOARD TODAY. AND JESSE, THANK YOU FOR CALLING IN, UH, AT END. AND IS THERE ANYTHING ELSE THAT WE NEED TO TALK ABOUT? NO, SIR. IF NOT, I'D SEEK A MOTION AND THEN A SECOND TO ADJOURN. SO MOVED. I SECOND. YES. ALL FAVOR SAY AYE. AYE. AYE. WE'LL BE ADJOURNED. AND AGAIN, THANK Y'ALL VERY MUCH. HAVE A GREAT WEEK. THANKS, MIKE. THANK YOU. BE CAREFUL. BYE. THANK YOU. * 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.