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[BRIEFING SESSION - 5:30 PM]
WELCOME TO THE STAFF BRIEFING OF THE BOARD OF ADJUSTMENTS AND APPEALS FOR THE MEETING OF JUNE 19TH, 2023.I'M BARRY SANDIS, CHAIRMAN OF THE ZONING BOARD OF ADJUSTMENTS.
THIS STAIR STAFF BRIEFING IS HEREBY CALLED TO ORDER AT SIX OR 5:35 PM THIS PORTION OF THE MEETING IS WHERE THE STAFF BRIEFS THE BOARD AND PREVIEWS THE CASES ON TONIGHT'S AGENDA.
BOARD MEMBERS WILL HAVE THE OPPORTUNITY TO ASK QUESTIONS THAT MAY FACILITATE THE MEETING AND THE PRESENTATION OF THE CASE.
NO ACTION WILL BE TAKEN DURING THE BRIEFING.
I'LL NOW CONDUCT A ROLL CALL OF MEMBERS TO CONFIRM THE PRESENCE OF A QUORUM.
AFTER I CALL YOUR NAME, PLEASE SAY HERE LIKE THIS.
LET THE RECORD REFLECT THAT WE HAVE A PLETHORA OF BOARD MEMBERS HERE.
SO WE HAVE OUR NINE FOR A QUORUM, AND WE CAN BEGIN WITH OUR BRIEFING COMMISSIONERS.
REMEMBER TO TURN ON YOUR MICS WHEN YOU SPEAK, SO WE GET IT ON THE RECORD.
THE APPLICANT HAS REQUESTED A TABLE TILL NEXT MONTH.
THIS ACTUALLY WAS FROM LAST MONTH'S MEETING.
OKAY, SO AGENDA ITEM NUMBER THREE.
SO AGAIN, THIS WAS FROM LAST MONTH'S MEETING AS WELL.
THIS IS LOCATED AT 1901 WEST ARBOR ROSE DRIVE.
SO THEY CAME IN LAST MONTH FOR A REQUEST REGARDING A VOLLEYBALL COURT AND ALSO A CARPORT.
SO WE'RE STILL WORKING WITH THE APPLICANT REGARDING THE VOLLEYBALL COURT.
UM, THEY'RE STILL WORKING ON REDUCING SOME OF THOSE VARIANCES, SO YOU'RE NOT SEEING THAT REQUEST HERE.
WE RE-NOTICE JUST FOR THE CARPORT.
SO THEY'RE REQUESTING TWO VARIANCES.
UM, AN INCREASE OF THE MAXIMUM AREA FROM 760 SQUARE FEET OR FROM 500 SQUARE FEET TO 760 SQUARE FEET.
AND A VARIANCE INCREASE OF THE MAXIMUM WIDTH OF A CARPORT FROM 26 FEET TO 40 FEET.
SO IT IS THE, UM, STRUCTURE HIGHLIGHTED IN RED ON YOUR SCREEN THERE.
UM, AND IT IS A REAR YARD CARPORT.
SO NORMALLY THAT WOULD BE ALLOWED BY RIGHT.
BUT THEY'RE COMING IN BECAUSE THEY'RE NOT MEETING OUR STANDARD.
SO THEY NEED THOSE TWO VARIANCES.
SO IT'S THE PROPOSED FLOOR PLAN THAT'S CIRCLED IN RED HERE AND THE ELEVATIONS HERE.
THEY HAVEN'T CHANGED ANYTHING FROM THE REQUEST FROM LAST MONTH FOR THE CARPORT.
SO WE DID GET TWO LETTERS OF OPPOSITION AND THEY'RE HIGHLIGHTED ON THE MAP FOR YOU TO SEE.
ZERO RETURN IN FAVOR TO RETURN OPPOSE.
AND THERE IS NOT AN HOA STAFF DOES NOT OBJECT TO ZBA 23 0 4 0 0 2 4.
BUT DOES RECOMMEND THE FOLLOW CONDITION.
THE MAXIMUM AREA OF THE CARPORT SHALL NOT EXCEED 650 SQUARE FEET.
THAT'S PRETTY STANDARD FOR WHAT WE RECOMMEND FOR CARPORTS.
AND THAT'S CONCLUDES STAFF'S PRESENTATION.
I'M AVAILABLE FOR ANY QUESTIONS.
WHAT? THERE'S NO SIDE YOUR VARIANCE THIS TIME? NO, THERE WASN'T ANY SIDE VARIANCES LAST MONTH.
SO THIS IS THE CARPORT IS THE SAME VARIANCE AS THEY HAD LAST.
JUST THE CAR, JUST THE CARPORT.
WE'RE NOT LOOKING AT THE OTHER STRUCTURE THIS MONTH.
MR. HUTCHINS, CAN YOU PULL THAT MIC TOWARDS YOU FOR THE NEXT TIME AROUND? THERE YOU GO.
JUST WANNA MAKE SURE WE GET EVERYBODY ON THE RECORD.
UH, ANY OTHER QUESTIONS TO MY LEFT? MR. INE? YES.
NOW THIS IS A CARPORT THAT IS CURRENTLY THERE, RIGHT? IT IS ALREADY BUILT.
IT, THEY'RE, THIS IS NOT BEING, THEY'RE ARE BLAH, BLAH, BLAH.
THEY'RE NOT REPLACING A CARPORT THAT'S THERE.
BUT THEY HAVE ALREADY BUILT THE CARPORT.
CODE WAS CALLED FOR THE OTHER STRUCTURE, AND IN DOING SO, FOUND THE CARPORT THAT WAS THERE THAT WASN'T LEGALLY PERMITTED.
I THOUGHT THEY WERE TEARING ONE DOWN AND REBUILDING.
SO WE'RE GOING TO REQUIRE THEM TO TEAR IT DOWN AND BUILD IT SMALLER.
IS THAT WHAT YOU'RE RECOMMEND? SO THAT'S WHAT WE RECOMMEND.
IT'S PRETTY STANDARD FOR STAFF TO CAP IT AT SIX 50 FOR WHAT WE RECOMMEND FOR SQUARE FOOTAGE.
SO WE'RE BEING CONSISTENT WITH OUR PREVIOUS RECOMMENDATIONS.
WHAT'S, UH, IF BASED ON THE VARIANCE THEY WANT, WHAT, WHAT WOULD THE, WHAT ARE THEY LOOKING FOR? SO THEY'RE LOOKING FOR A, I CAN GO BACK.
WE CAP CARPORTS AT 500 SQUARE FEET.
IF YOU GO BEYOND THAT, YOU HAVE TO REQUEST A VARIANCE.
SO THEY'RE REQUESTING A VARIANCE FOR 760 AND WE CAP THE WIDTH AT 26 FEET AND THEY'RE REQUESTING 40.
ANY MORE QUESTIONS ON THIS PARTICULAR CASE? GO AHEAD, MR. BAKER.
UM, NOW THIS IS IN THE BACK OF THE PROPERTY? YES.
SO IF YOU LOOK AT THE SITE PLAN HERE, UM, THE STRUCTURE LABEL NUMBER ONE IS THEIR HOUSE.
THEY HAVE A DRIVEWAY LEADING BACK.
WE'RE LOOKING AT STRUCTURE NUMBER THREE THAT'S HIGHLIGHTED IN RED.
AND WHAT IS STRUCTURE NUMBER TWO? UM, IT'S A WAREHOUSE THAT WAS, UH, LEGALLY PERMITTED.
SO THIS IS BASICALLY GONNA BE THE SAME WIDTH AS THE WAREHOUSE THAT'S ALREADY THERE.
AND, AND SO THIS IS A HUGE LOT IS WHAT WE'RE TALKING HERE? YES.
WELL WHAT'S BEHIND THAT? IT'S OTHER HOUSES.
ANY OTHER QUESTIONS ON THIS ONE? I, I DO HAVE A QUESTION.
GO AHEAD, MS. OKAY, SO NUMBER TWO? MM-HMM
SO LEGALLY PERMITTED WAREHOUSE MM-HMM
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TO THE FRONT OF IT.BUT THIS BUILDING'S STILL THERE, SO WE'RE NOT HERE FOR THE BUILDING WHATSOEVER.
SO THEN I GUESS YOU'LL LET US KNOW WHAT THE OPPOSITION IS.
IT WAS THE SIZE OF IT, HONESTLY.
UM, THERE, BUT, BUT THE BUILDING'S ALREADY THERE, SO IT'S ALREADY A BIG SIZE BUILDING.
DO, CAN YOU SEE THE STRUCTURE FROM ANY STREET OR ANYWHERE? YOU CAN'T SEE IT FROM THE STREET.
YOU CAN PARTIALLY SEE IT FROM SOME OF THE NEIGHBOR'S HOUSES.
'CAUSE THE, THAT BACK LAW OR THAT BACK, UH, PROPERTY LINE IS, DOES NOT, HAS A TRANSPARENT FENCE.
BUT YOU CAN'T SEE IT BECAUSE OF THE BUILDING.
YOU CAN SEE IT MAYBE FROM THE SIDE.
SOME OF THEM FROM, YEAH, FROM THE SIDE.
THE OTHER GUYS DON'T WANNA JUMP IN.
WE'VE GOT FIVE OF YOU ALREADY.
AGENDA ITEM NUMBER FOUR ZBA 23 0 5 0 0 3 5.
THIS IS A SPECIAL EXCEPTION REQUEST FOR GARAGE CONVERSION LOCATED AT 1610 LEWIS TRAIL.
UM, PRETTY STANDARD GARAGE CONVERSION REQUEST.
THIS ACTUALLY HAS THE WORK'S ALREADY BEEN COMPLETED, AND THEY'RE COMING HERE TO GET THE ZBA APPROVAL SO THEY CAN GO ON AND GET THE PERMIT SO IT CAN ALL BE BROUGHT UP TO CODE.
UM, SO THIS IS THEIR FLOOR PLAN THAT INCLUDES WHERE YOU CAN SEE THEY'VE ALREADY DONE THE GARAGE CONVERSION WORK.
THIS IS THE HOUSE, UM, FOR GARAGE CONVERSIONS.
WE REQUIRE THAT THERE BE TWO OFF STREET PARKING SPACES, WHICH THEY ALREADY HAVE.
SO THIS IS INSIDE THE COMPLETED CAR GARAGE CONVERSION.
THIS IS GARAGE CONVERSIONS IN THE AREA.
THIS IS THE SITUATION WHERE THEY'RE JUST RIGHT OUTSIDE OF THAT AREA WHERE WE COULD HAVE ADMIN APPROVED IT.
BUT THERE ARE EXISTING GARAGE CONVERSIONS IN THE NEIGHBORHOOD.
RETURN IN FAVOR, ONE RETURN OPPOSED.
AND THERE IS NOT AN HOA STAFF DOES NOT OBJECT TO ZBA 23 0 5 0 0 3 5 AS REQUESTED.
AND I'M AVAILABLE FOR ANY QUESTIONS AND QUESTIONS ON THIS CASE TO I RIGHT TO MY LEFT.
WHAT WAS THE OPPOSITION FOR? UM, THEY WERE CONCERNED ABOUT ON STREET PARKING.
BUT YOU SAID THIS, THEY DO HAVE THE TWO, THEY HAVE THE TWO REQUIRED, YEAH.
AND THAT DOES IT FOR THIS ONE.
GO AHEAD, TAKE THE NEXT CASE PLEASE.
AGENDA ITEM NUMBER FIVE IS ZBA 23 0 5 3 7.
THIS IS A VARIANCE REQUEST FOR FENCE HEIGHT.
THIS IS LOCATED AT 1309 AVENUE C.
IT'S AN EXISTING SCHOOL, UM, BECAUSE THEY'RE IN A RESIDENTIAL ZONING AND THE FENCE WILL BE RIGHT ON THE PROPERTY LINE.
UM, THEY'RE CAPPED AT FOUR FEET.
IF THE HEIGHT OF THE FENCE IS TRANSPARENT, THEY'RE REQUESTING A VARIANCE TO GO UP TO SIX FEET.
THIS IS THEIR PROPOSED SITE PLAN.
THIS IS AN IMAGE OF THE SCHOOL.
ZERO RETURN IN FAVOR, ZERO OPPOSED.
HOA STAFF DOES NOT OBJECT TO THIS REQUEST.
THE FENCE IS FOR SECURITY PURPOSES, AND THERE'S AN EXISTING SIX FOOT TRANSPARENT FENCE RIGHT NEXT DOOR TO CITY PROPERTY.
SO IT'LL MATCH WHAT'S ALREADY OUT THERE.
SO THAT CONCLUDES MY PRESENTATION AND I'M AVAILABLE FOR ANY QUESTIONS.
QUESTION ON ITEM FIVE TO MY RIGHT.
FOR THE NEXT OH YES, GO AHEAD.
NOW, TELL ME WHY THIS HAS TO GO BEFORE THE ZVA.
IT, IT BECAUSE, UM, BECAUSE THE FENCE IS WITHIN THE FRONT SETBACK AGAINST A ROAD, THEY'RE REQUIRED, THEY'RE CAPPED AT FOUR FEET FOR, FOR A FENCE IF IT'S TRANSPARENT, WHICH IS, IS, UM, SO IF THEY WANT TO GO BEYOND FOUR FEET, THEN THEY HAVE TO COME TO CBA FOR A SPECIAL EXCEPTION.
THE NEXT TWO CASES ARE ACTUALLY GOING TO BE PRESENTED BY MATT BUTLER.
HE'S ONE OF OUR NEW CITY ATTORNEYS.
ALL RIGHT, MS. BUTLER, WHAT DO YOU GOT? UH, GOOD EVENING.
UH, UH, MY NAME IS MATT BUTLER.
I'VE BEEN HERE, SERGEANT MAY 8TH.
UH, SO I AM, I GUESS I'VE GOT THE SHORT STRAW CHOSEN TO, UH, DELIVER THIS PRESENTATION FOR YOU.
AND FROM WHAT I UNDERSTAND, UH, YOU DON'T HANDLE A WHOLE LOT OF APPEALS, UH, BUT WE'RE GONNA GO THROUGH THIS WITH BRIEFING AND I'M OBVIOUSLY HAPPY TO ANSWER ANY QUESTIONS THAT, THAT, THAT YOU MAY HAVE.
UH, FOR THE FIRST ONE, ITEM NUMBER SIX ON YOUR AGENDA.
HOW'S THIS WORK? OKAY, ENTER, ENTER.
UH, SO THE LOCATION IS 1326 WEST MAIN.
AND, AND I'M, I'M SORRY, I GRABBED THE WRONG ONE.
UH, AND I'M GONNA BACK UP JUST A LITTLE BIT.
AND I JUST WANNA SAY FOR, FOR BOTH OF THESE APPEALS, YOU KNOW, I PERSONALLY, I I DON'T VIEW THIS PROCESS AS ADVERSARIAL.
I THINK THIS IS, THIS IS ALL PART OF DUE PROCESS AND WHAT CITIZENS ARE PROVIDED IN, IN BOTH THE, THE LOCAL GOVERNMENT CODE AND ALSO ORDINANCES.
SO I DON'T THINK THIS IS ADVERSARIAL AT ALL.
I THINK IT'S MORE ALONG THE LINES OF THIS IS HOW STAFF INTERPRETED THE STATUTES AS THEY'RE WRITTEN.
AND, AND THE APPLICANTS THINK THAT THAT'S WRONG.
AND, AND YOU GUYS HAVE HAVE THE ABILITY TO, YOU KNOW, DECIDE WHETHER YOU THINK STAFF'S, UH, JUDGMENT WAS AN ERROR.
AND, AND AGAIN, I, I DON'T THINK IT'S, LIKE I SAID, I DON'T THINK IT'S ADVERSARIAL.
IT'S JUST THE OPPORTUNITY FOR DUE PROCESS.
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WELL, OH, HOLD ON.SO RIGHT HERE PUTS IN PRESENTATION MODE.
ITEM NUMBER SIX ON YOUR AGENDA IS GOING TO BE 300 SOUTHEAST FIFTH STREET, UM, LOCATED IN THE CENTRAL AREA ZONING DISTRICT.
I PUT THE EXACT REQUEST, UH, ON THIS SLIDE.
MY TENANT AT 300 SOUTHEAST FIFTH STREET, 500 WANTS TO EXPAND HIS COMMERCIAL REFRIGERATION BUSINESS.
HE DEALS WITH COMMERCIAL COOLERS AND FREEZERS.
HE HAS LEASED THE ADJACENT 1000 SQUARE FOOT SPACE NEXT DOOR TO HIM.
AND I, WE'LL GET INTO THAT LATER.
IT WILL BE FOR THE SAME USE HE IS DOING NOW IN 500.
HE HAS BEEN DENIED A CERTIFICATE OF OCCUPANCY FOR THAT USE IN THE NEW SPACE.
UH, AND THESE ARE THE PROVISIONS THAT I'VE PUT, UM, IN THE SLIDE.
JUST SO YOU KNOW THAT YOUR AUTHORITY AND THE UDC, YOU HAVE THE AUTHORITY TO CONSIDER AN APPEAL FROM ANY PERSON AGGRIEVED BY DECISION OF ADMINISTRATIVE OFFICER WITH AUTHORITY OVER ANY MATTER REGULATED BY THE UDC OR BY ANY OFFICER, DEPARTMENT BOARD, OR DIVISION OF THE CITY AFFECTED BY ANY DECISION OF THE ADMINISTRATIVE OFFICER.
LOCAL GOVERNMENT CODE TWO 11.009 BASICALLY PROVIDES A LOT OF THE SAME PARAMETERS.
UM, IT PROVIDES THIS FOR THE ABILITY TO HEAR ANY, ANY APPEAL FOR ADMINISTRATIVE OFFICIAL.
UH, AND SIMILAR WITH, WITH YOUR VARIANCES AND, AND YOUR SPECIAL ACCEPTANT EXCEPTIONS, IT, IT DOES REQUIRE A CONCURRING VOTE OF 75% OF THE MEMBERS TO OVERTURN OR, UH, TO REVERSE THE DECISION OF ADMINISTRATIVE OFFICIAL NOW FOR THIS CASE, UM, HERE WAS THE, UH, ORIGINAL CERTIFICATE OF OCCUPANCY THAT WAS FILED.
UM, IT WAS FOR REFRIGERATION SERVICE COMPANY SUITE 400.
UH, UPON INITIAL RE INITIAL REVIEW, STAFF DETERMINED, UH, THAT THE USE WAS APPLIANCE REPAIR AND IT REQUIRED A SPECIFIC USE, USE PER PERMIT IN THE CA DISTRICT.
BUT AFTER MORE CLARIFICATION, UH, THERE WAS SOME, SOME EMAIL EXCHANGES ON MAY, MAY 19TH.
UM, IT WAS DETERMINED, UH, THAT THE INSTALLATION AND REPAIRS WOULD NOT BE CARRIED OUT AT THAT SUITE, BUT WOULD TAKE PLACE OFFSITE.
UM, AND SO IT WAS, THE DETERMINATION WAS MADE AT THAT POINT.
I, I'LL SHOW YOU SOME PICTURES.
THIS WAS IN THE EMAIL THAT WHERE THE, THE TENANT SAID, THIS IS WHAT I'M GONNA BE STORING HERE.
I'M NOT GONNA BE DOING ANY WORK HERE.
SO THEN IT WAS MADE AT THAT TIME PLANNING DECIDED, UH, THIS USE IS ACTUALLY CONSIDERED A CONTRACTOR SHOP WITHOUT ANY, WITHOUT ANY, UH, OUTSIDE STORAGE.
UM, AND SO THEN THAT'S HOW THEY BEGAN THE REVIEW OF WHETHER TO APPROVE THIS CO AND LOOKING AT THE USE CHART.
UM, AND, AND THIS IS HOW IT WAS EXPLAINED IN THE EMAIL TO THE TENANT, UM, WHEN YOU'RE LOOKING AT THE USE CHART CONTRACTOR SHOP, AND IF YOU GO OVER TO THE CA DISTRICT IS NOT PERMITTED IN THE CA DISTRICT.
AND SO REALLY THE DETERMINATION IS, WAS STAFF'S, UH, OPINION ON, ON THE TYPE OF USE.
IS THAT AN ACCURATE DESCRIPTION OF WHAT IT IS A CONTRACTOR SHOP WITHOUT, UH, WITHOUT OUTSIDE STORAGE? AND HERE IS THE DEFINITION IN THE UDC, THE FULL DEFINITION.
UH, A BUSINESS IN WHICH, UH, SERVICES UTILIZED IN THE IMPROVEMENT AND OR MAINTENANCE OF STRUCTURES OR PROPERTIES IN REQUIRING SPECIALIZED MATERIAL SUPPLIES AND OR EXPERTISE ARE NORMALLY PROVIDED AT THE CUSTOMER'S LOCATION RATHER THAN AT THE BUSINESS LOCATION.
UH, NO OUT STORAGE, OUTSIDE STORAGE OR DISPLAY OR MATERIAL SUPPLIES OR EQUIPMENT OF ANY KIND SHALL BE ALLOWED EXCEPT FOR THE PARKING OF BUSINESS VEHICLES, UH, EQUIPMENT OR, UH, LIMITED TO AUTOMOBILES, CONDITIONAL PICKUPS AND VANS, NOT INCLUDING TRAILERS.
LIMITED TO MAXIMUM OF ONE TON CAPACITY AT THE BUSINESS.
EXAMPLES OF CONTRACTOR SHOPS WITH NO OUTSIDE STORAGE DISPLAY, UH, MIGHT INCLUDE OR NOT LIMITED TO HEATING, VENTILATION AND AIR CONDITIONING CONTRACTORS, ELECTRICAL CONTRACTORS, PLUMBING CONTRACTORS, A SIMILAR BUSINESS AND NOT OTHERWISE PROVIDED FOR THE USE CHARTS.
AND SO HERE AGAIN, IS THE USE CHARTS A LITTLE CLEAR ON THIS PAGE.
UM, CONTRACTOR SHOP PERMITTED IN THE COMMERCIAL DISTRICT C ONE DISTRICT.
AND AGAIN, YOU DON'T SEE THE X THERE, IT'S NOT PERMITTED IN THE CA DISTRICT.
SO THAT'S WHY THE DECISION WAS MADE NOT TO APPROVE THE CO.
NOW IN THE APPEAL, UM, YOU MAY HAVE NOTICED THAT, UH, HE HAS THE, THE TENANT AT THAT PROPERTY HAS LEASED THE NEXT DOOR UNIT FOR THE VERY, FOR THE VERY SAME USE.
AND SO WE'RE GONNA GO THROUGH THE HISTORY HERE.
AND ACTUALLY THE HISTORY IS NOT THAT LONG AGO.
UH, JANUARY 17TH THIS YEAR, UH, THERE WAS A TEXT AMENDMENT TO THE UDC, UM, WHERE
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CONTRACTOR SHOP INSIDE ONLY WAS NO LONGER PERMITTED IN THE CA DISTRICT.AND SO WHILE IT MAY HAVE BEEN PERMITTED BEFORE, UH, WHICH WOULD MAKE THAT ILLEGAL NON-CONFORMING USE, UM, STAFF LOOKING AT THE CURRENT CODIFIED, UM, USE CHART DETERMINE THAT THE CO CANNOT BE APPROVED.
HERE IS THE, UH, TEXT AMENDMENT IN THE UDC THAT WAS MADE ON JANUARY 17TH.
UH, YOU'LL SEE THAT, UH, A CONTRACTOR SHOP, WHICH WE HIGHLIGHTED THERE.
UH, IN THE TEXT AMENDMENT, YOU'LL SEE THAT WHAT USED TO BE ALLOWED BY A SPECIAL USE PERMIT FOR CONTRACTOR SHOP ON JANUARY 17TH HAS SINCE BEEN DELETED.
JUST FOR CLARIFICATION, AND I KNOW YOU JUST GOT HERE MAY 8TH, BUT, UH, ANY IDEA WHY THAT WAS CHANGED IN JANUARY 17TH? IS THE TEXT JUST REESTABLISHMENT OF THE RULES OR? YEAH, THE, DO WE HAVE, SO THIS WAS PART OF IMPLEMENTING OUR DOWNTOWN MASTER PLAN STAFF REVIEWED THE USE THE LAND USE CHARTS FOR ALL USES WITHIN THE CENTRAL AREA, AND LOOKED AT USES THAT WERE CURRENTLY ALLOWED BUT DIDN'T ALIGN WITH THAT MASTER PLAN AND EITHER REMOVED THEM OR RESTRICTED THEM WITH AN SUP.
UH, AND I'LL TRY TO RUN THROUGH THE HISTORY REAL QUICK.
UM, THE ORIGINAL CEO FOR THE SUITE NEXT TO HIM WAS ISSUED IN, UM, 2021 IN JULY.
UH, FAST FORWARD TO JANUARY 17TH OF THIS PAST YEAR.
CITY COUNCIL AMENDS THE UDC SUCH THAT, UM, CONTRACTOR SHOPS, UM, ARE NO, ARE NO LONGER PERMITTED IN THE CA DISTRICT.
UH, MAY 2ND APPLICANT, UH, APPLIES FOR THE CEO FOR SUITE 400 AND DESCRIBES A PROPOSED USE AS A REFRIGERATION COMPANY.
OBVIOUSLY WE LEARNED, YOU KNOW, THROUGH SOME CLARIFICATION THAT THAT'S MORE ALONG THE LINES OF A CONTRACTOR SHOP.
UM, SO THAT'S WHY ON MAY 5TH IT WAS INITIALLY, UH, DETERMINED IT WAS GONNA BE A APPLIANCE PREPARE AND THAT THAT WOULD REQUIRE AN SUP.
AND AGAIN, BUT THROUGH SOME CLARIFICATIONS, ONCE WE FIGURED OUT WHAT WAS ACTUALLY GOING TO BE IN THERE ON MAY 19TH, UH, IT WAS DETERMINED THAT THE CONTRACTOR SHOP COULD NOT GO INTO THAT UNIT.
UH, MAY 31ST PROPERTY OWNER SUBMITS THE APPEAL.
UM, THE BOARD HAS THE AUTHORITY TO AFFIRM, UH, YOU HAVE THE AUTHORITY TO OVERRULE OR OR REVERSE THE DECISION.
UM, THE, THE BURDEN IS GOING TO BE ON THE APPLICANT TO ALLEGE THAT AN AN ERROR HAS OCCURRED BASED ON, UM, STAFF'S INTERPRETATION OF THE APPLICABLE CODES.
UM, STAFF STANDS BY ITS INTERPRETATION AND THE RECOMMENDATION WOULD BE TO AFFIRM.
SO HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE ON THIS ONE.
WHAT IS CA DISTRICT? THE CENTRAL, CENTRAL AREA.
AND WHERE THEY'RE LOCATED CURRENTLY, THEY HAVE A FACILITY THAT THEY DO AIR CONDITIONING, HVAC REPAIR.
THEY HAVE A FACILITY WHERE THEY STORE A LOT OF THEIR EQUIPMENT AND, UM, WHICH, AND THAT'S PERMITTED THAT IT'S CURRENTLY PERMITTED AS A LEGAL NON-CONFORMING USE.
AND SO IF, IF THEY WANT TO LEASE A SPACE NEXT TO 'EM, IS IT A WAREHOUSE? UH, WHAT, WHAT TYPE OF STRUCTURES ON THE SPACE THAT THEY'RE WANTING TO LEASE? ADDITIONALLY, THEY'RE, THEY'RE INDIVIDUAL UNITS WITH, WITH GARAGE DOORS, SO OKAY.
IS, IS THAT KIND OF YOUR QUESTION? WHERE, SO RIGHT NEXT TO IT IS THERE'S A GARAGE DOOR AND MR. LAND, I THINK WE'RE PROBABLY GONNA GET INTO THAT DURING THE PUBLIC HEARING PORTION OF THESE KIND OF QUESTIONS 'CAUSE OKAY.
WE HAVE TO PUT THE APPLICANT AND STUFF.
MIGHT BE THE CLEANER WAY TO DO THAT.
MR. CHAIRMAN, WE'RE JUST, THIS IS JUST THE BRIEFING SESSIONS JUST TO INTRODUCE THE, AND TO LET YOU KNOW WHAT'S COMING UP.
NOT REALLY HAVE A DETAILED DISCUSSION OF RIGHT.
OF WHAT WE'RE WE, WE WILL DRILL DOWN INTO IT.
NOW, AS I UNDERSTAND THAT ON APPEALS, AND WE HAVEN'T DONE A LOT OF APPEALS OF LATE, BUT THE PROCESS IS WE ARE GOING TO OPEN A PUBLIC HEARING HERE, A PUBLIC HEARING, BUT THE STATUTE READS, WE TAKE ACTION ON THE FOLLOWING MEETING AFTER THIS PUBLIC HEARING.
SO TONIGHT WE WILL OPEN A PUBLIC HEARING, HEAR FROM THE APPLICANT, HEAR FROM ALL PARTIES, HEAR FROM ANYONE INTERESTED, THEN WE'LL ENTERTAIN A MOTION TO CLOSE PUBLIC HEARING, AND THAT WILL RELIEVE OUR DUTIES FOR TONIGHT.
AND THEN WE'LL SEE AGAIN AND, AND TAKE A VOTE.
AT WHICH POINT WILL SAME RULES APPLY THAT MR. BUTLER BROUGHT UP THE, YOU KNOW, SEVEN, SEVEN OUT OF NINE, THE WHOLE BIT.
BUT TONIGHT WE'RE GONNA HEAR THE CASE, HEAR FROM THE APPLICANT.
SO SEE MR. CORNELIUS IS IN THE ROOM.
WE'LL HEAR FROM ALL IMPART AND WE CAN ASK ALL THE QUESTIONS AND KIND OF DRILL DOWN ON ALL THAT.
SO WE'LL TAKE ALL THE TIME WE NEED ON THE PUBLIC HEARING.
AND AT THE END OF THAT WE'LL JUST CLOSE THE PUBLIC HEARING AND MOVE IT FORWARD ON THE DOCKET.
BUT IT'S STILL A GOOD QUESTION.
IT'S FAIR, IT'S FAIR QUESTION.
WELL, BUT I THINK IT'S FAIR FOR EITHER PARTY, BUT THAT'S OKAY.
DO WE VOTE ON IT TONIGHT THING? NO, NO, NO, NO.
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UH, ANY OTHER QUESTIONS? ANY OTHER QUESTIONS? GO AHEAD, MR. HUTCHENS.UH, IS THIS A CASE WHERE THE STAFF HAS DECIDED THAT IT'S A NON-CONFORMING USE AND THEREFORE THEY CAN'T USE IT FOR THAT? NO, SIR.
THE, THE UNIT WHERE HE ALREADY HAS ITEMS STORED IN, IT'S OUR POSITION THAT THAT IS A LEGAL NON-CONFORMING USE.
AND HE CURRENTLY IS NOT LEASING THE SUITE NEXT TO HIM.
UM, BUT HE WANTS TO USE THE SUITE NEXT TO HIM FOR THAT EXACT SAME USE.
BUT FOR THE, THE TEXTUAL CHANGE IN THE UDC THAT SAYS THAT THAT USE IS NO LONGER ALLOWED, THAT'S WHY STAFF COULDN'T APPROVE.
BUT DID THE STAFF TURN IT DOWN BECAUSE IT WAS A, A NON-CONFORMING USE STAFF TURNED IT DOWN BECAUSE THAT USE IS NOT PERMITTED.
SO THE IT IT ISN'T BUILT YET, CORRECT? WELL, THE UNITS, THE UNITS ARE, ALL THE BUILDINGS ARE ALL THERE.
UH, THE CO WA WAS TO RENT THAT, THAT PARTICULAR UNIT FOR THAT PARTICULAR USE.
THE, THE EXISTING SUITE THAT HE'S IN RIGHT NOW, IS THAT CONSIDERED A CONTRACTOR SHOP? I WANNA MAKE SURE I HAVE CLARIFICATION ON THAT.
IT'S CONSIDERED A CONTRACTOR SHOP.
SO YOUR GRANDFATHERING HIM IN RIGHT NOW? IS THAT WHAT YOU'RE SAYING? OR WHAT THEY'RE NOT.
AND WHERE THE SPOT HE'S IN RIGHT NOW, THE, IN THE CURRENT, THE CURRENT UNIT THAT HE IS IN NOW, I IS ILLEGAL.
IT'S A GRANDFATHERED USE UNTIL, I MEAN, UNTIL WHEN FOREVER.
NO, THERE, THERE'S, YOU KNOW, AND THE NEXT CASE THAT YOU'LL HEAR, YOU'LL, YOU'LL HEAR A LITTLE BIT MORE ABOUT ABANDONMENT AND, YOU KNOW, IF, IF THE USE IS ABANDONED OR, YOU KNOW, WHENEVER HE STOPS USING THAT, THAT PARTICULAR UNIT FOR THAT CONTRACTOR SHOP USE, THEN, THEN NO, IT WOULDN'T.
IF I CAN VISUALIZE THIS, THE LANDLORD OWNS A BLOCK OF SPACE.
UNIT 400 IS CURRENTLY BEING USED RIGHT NOW.
HE WANTS TO LEASE OUT 500 AND USE SAID THE INTERPRETATION IS NOW, THAT'S A CONTRACTOR SHOP AS OF JANUARY NO LONGER.
AND HE HENCE, HENCE IS WHY STAFF HAS TURNED IT DOWN.
ANY OTHER QUESTIONS ON THIS ONE? OR WE READY TO MOVE ON TO THE NEXT ONE? WE GOOD? CAN I JUST MAKE ONE? GO AHEAD, MA'AM.
SO THIS BODY, EVEN THOUGH WE UNDERSTAND THAT THE CODE HAS CHANGED MM-HMM
THIS BOARD HAS THE RIGHT TO MAKE A DECISION.
IF, IF IT FEELS LIKE THIS SHOULD, THIS APPEAL CAN BE REVERSED.
IT, IF YOU, EVEN WITH THE STANDING DEFINITION AS IT IS RIGHT NOW, THE, THE STANDARD WOULD BE IF YOU FEEL THAT STAFF HAS MADE AN ERROR IN THEIR INTERPRETATION.
AND, AND THIS IS THE ZONING BOARD OF APPEALS.
SO ALL, ALL THINGS INVOLVING THE, ANY MATTER BEFORE US, AND THIS IS AN APPEAL TO A BUILDING OFFICIAL'S DECISION.
SO YES, OUR, WE HAVE THE JURISDICTION TO HEAR THIS, IT STILL REQUIRES SEVEN OUT OF NINE VOTES AND THE PROCESS IS SLIGHTLY DIFFERENT 'CAUSE THE PUBLIC HEARING WILL BE THIS MEETING AND THE VOTE WILL BE TAKEN NEXT MEETING.
BUT THAT IS THE PROCESS AND WE JUST DON'T DO AS MANY OF THESE.
SO WE WANNA BE VERY CLEAR ABOUT HOW WE'RE HERE.
THANK YOU FOR TAKING THE TIME WITH THIS MS, BUT GO AHEAD, MR. D AND I, JUST A POINT OF CLARIFICATION.
SO YOU'RE, YOU'RE SAYING THAT IF WE THINK THE STAFF MADE AN ERROR, BUT IT, THIS BOARD DOESN'T ALWAYS DECIDE ON WHETHER THE STAFF HAS MADE AN ERROR.
WE DECIDE ON WHETHER WE WILL OVERTURNED THE GENERAL DEVELOPMENT CODE TO ALLOW SOMETHING TO HAPPEN.
SO IS THAT'S THE POINT I WAS TRYING TO MAKE.
THIS IS A SMALL POINT OF CLARIFICATION, BUT IS, IS THAT WHAT WE'RE DOING? ARE WE OVERRIDING WHAT THE, UM, UH, DOWNTOWN DEVELOPMENT, DISTRICT OVERLAY DISTRICT IS? IF I'M SAYING THAT RIGHT, OR ARE WE JUST SAYING, UH, YES, WE'RE GONNA ALLOW THIS, WE DON'T REALLY THINK THAT THE STAFF HAS MADE AN ERROR, BUT WE'RE GOING TO ALLOW IT? I I, I'M GONNA, I'M GONNA ANSWER A QUESTION AND, AND MARK, FEEL FREE RIGHT TO, TO JUMP IN HERE.
UH, SO, SO THIS BOARD HAS THE AUTHORITY TO, YOU KNOW, HEAR REQUEST FOR VARIANCES, WHICH WOULD BE, UH, A CHANGE TO THE, THE NOR THE NORMAL SPECIFICATIONS IN THE UDC.
SO, SO THAT'S ONE THAT, THAT'S ONE THING THAT YOU CAN HEAR.
UH, YOU CAN HEAR SPECIAL EXCEPTIONS, UH, SUCH AS THE CARPORT.
YOU KNOW, YOU CAN APPROVE A SPECIAL EXCEPTION IN CERTAIN DISTRICTS.
UH, YOU CAN HEAR APPEALS OF AN ADMINISTRATIVE OFFICIAL THAT, THAT, THAT'S A SEPARATE, THAT THAT'S A SEPARATE AUTHORITY THAT THE BOARD HAS.
SO I WOULDN'T LOOK AT IT, UH, AS, AS SOMEONE, UH, BEING APPROVED TO USE THEIR PROPERTY, UM, DIFFERENTLY THAN WHAT THE UDC ALLOWS.
IT, IT, IT'S NOT THE SAME THING AS A VARIANCE.
IT, IT'S, IT'S A SEPARATE PROCESS.
MR. DEMPSEY, YOU GOT SOME CLARIFICATION FOR US? YES.
YOU, YOU'RE HERE TO DECIDE WHETHER OR NOT THE BUILDING OFFICIAL THAT MADE THIS DECISION MADE AN ERROR IN JUDGMENT,
[00:25:01]
IN, IN RENDERING THE DECISION HE DID.YOU DECIDE WHETHER HE WAS, HE MADE AN ERROR IN THE DECISION THAT HE MADE, AND IF YOU DO THAT, YOU CAN REVERSE THE DECISION.
UM, YOU ALSO HAVE THE AUTHORITY, OF COURSE, TO AFFIRM THE DECISION, OR YOU CAN MODIFY THE DECISION, IF YOU WILL.
BUT THE QUESTION YOU'RE HERE TO DETERMINE IS, DID HE MAKE A MISTAKE IN THE DECISION THAT HE MADE? MM-HMM
NOT, YOU DON'T TRY TO CHANGE WHATEVER THE RULES ARE, YOU'RE JUST, YOU'RE JUST TRYING TO DETERMINE WHETHER HE MADE AN ERROR.
YES, MR. BAKER, NOT NECESSARILY THAT HE MADE AN ERROR, WE CAN MODIFY THE DECISION, WHICH DOES NOT MEAN THAT HE MADE AN ERROR.
YOU CAN TAKE IT THAT WAY IF YOU WILL.
BUT I, I CAN READ IT TO YOU OUT OF THE, THE STATUTE RIGHT HERE.
IT'S OUT IN FRONT OF ME IF YOU WANT TO KNOW WHAT YOUR AUTHORITY IS, BUT THAT'S IT.
WHAT IS MODIFYING THE DECISION? WHAT DOES THAT MEAN? IF WE MODIFY THE DECISION? WELL, YOU CAN DETERMINE THAT HE GOT IT HALF RIGHT.
YOU KNOW, OR, YOU KNOW, OR SOME OF THE DECISIONS THAT HE MADE IN THIS APPEAL WEREN'T, WEREN'T RIGHT.
YOU CAN MODIFY IT TO, TO FIX IT.
CAN I ASK A QUESTION? YES, MA'AM.
SO THIS MAN HAD A BUILDING AND HE HAS A BUSINESS AS OF JANUARY 21ST.
RIGHT? HE HAD THIS BUSINESS AND THIS THING OR WHATEVER HE HAS, WHATEVER.
SO SINCE THEN, THE CITY HAS MADE CHANGES MM-HMM
SO WHEN THE CITY MADE THIS CHANGES, THIS MAN WAS STILL IN THE BUILDING.
THE ONLY REASON THIS IS BROUGHT ABOUT IS BECAUSE HE IS WANTING TO RENT THE BUILDING NEXT DOOR, WHICH BROUGHT ABOUT THE NEW CEO CO.
AND SO WHEN THAT GOT BROUGHT UP FOR HIM TO RENT THE SPACE NEXT DOOR, THEN THIS MAN WHO RUNS THIS BUSINESS SINCE 21 FOUND OUT THAT HE CAN'T DO IT ANYMORE.
BUT YOU GRANDFATHERED WHAT HE'S ALREADY DOING, BUT YOU'RE NOT WILLING TO LET HIM RENT THE BUILDING AND CONTINUE ON BECAUSE THE CITY CHANGED IT.
YEAH, THE SUITE, THE, THE, THE BUSINESS IN SUITE 400 WILL CONTINUE TO OPERATE AND IS STILL FUNCTIONING AS NON-CONFORMING.
WHAT WE'RE HEARING IS THE CO IS DE DECLINED AT 500.
ANY OTHER QUESTIONS ON THIS ONE? GUYS, WE ARE GONNA TAKE A FEW EXTRA MINUTES ON BRIEFING JUST TO MAKE SURE EVERYBODY KNOWS WHAT'S BEFORE 'EM, AND THEN WE'LL START OUR REGULAR MEETING.
BUT I JUST WANNA MAKE SURE ALL OF YOUR QUESTIONS AND EVERYBODY'S VERY CLEAR ABOUT WHAT WE'RE HEARING.
ALL RIGHT, LET'S GO FOR THE NEXT ONE.
ALL RIGHT, NEXT ONE MIGHT BE A LITTLE MORE COMPLICATED.
TAKE 15 MINUTES TO FIGURE OUT HOW BRITTANY MESSED UP YOUR COMPUTER.
ALL RIGHT, UH, ITEM NUMBER SEVEN ON YOUR AGENDA, UH, ZBA 23 0 6 0 0 4 1.
UH, THE LOCATION OF THIS ONE IS 1326 WEST MAIN, AND IT IS IN THE COMMERCIAL DISTRICT.
UM, HERE IS THE SPECIFIC APPEAL.
UH, MY CLIENT HAD A CERTIFICATE OF OCCUPANCY FOR AUTO SALES, UH, PERMIT NUMBER COO 22 0 4 5 2.
BUT DETER DETERMINATION WAS MADE THAT IT WAS ABANDONED, IT WAS NOT ABANDONED.
SO NOW WE'RE GETTING INTO A LITTLE BIT MORE DISCUSSION OF NONCONFORMING USES AND, AND WHEN, WHEN THEY'RE ABANDONED.
UM, AND AGAIN, YOU SAW THIS IN THE PREVIOUS SIDE, UH, THAT IN THE PREVIOUS PRESENTATION, THIS AUTHORITY, THIS BOARD HAS THE AUTHORITY TO HEAR AND DETERMINE, UH, APPEALS FROM ADMINISTRATIVE, UH, OFFICIAL.
UM, AND IT'S SIMILAR AGAIN, IT REQUIRES THE SEVEN 5% VOTE TO OVERTURN A DECISION OF ADMINISTRATIVE OFFICIAL.
UH, HERE IS THE CEO THAT, UH, WAS DENIED BECAUSE IT WAS DETERMINED THAT, UM, THE USE OF AUTO SALES WAS ABANDONED.
UH, CAM AUTO, UH, MOTORS IS AN INDEPENDENT AUTOMOTIVE DEALERSHIP.
WE SELL USED CARS, UH, TRUCK AND SUVS.
AND SO WE'RE GONNA HAVE TO GO DIG INTO A LITTLE BIT MORE OF THE, OF THE HISTORY OF WHY, YOU KNOW, STAFF DETERMINED THAT THEY HAD LOST THE LEGAL NONCONFORMING USE.
UH, FIRST I WANT TO GIVE YOU THE DEFINITION, UM, OF AUTO DEALER.
UH, IT MEANS A CAR DEALERSHIP THAT IS INDEPENDENTLY OWNED AND OPERATED, OR THAT DOES NOT OPERATE UNDER A FRANCHISE AGREEMENT.
IT'S A LITTLE LONGER THAN THAT, AND I MADE A NOTE DOWN THERE AT THE BOTTOM.
THIS IS GONNA BE IMPORTANT IN THE HISTORY OF, UH, OF WHAT OCCURRED OVER THE PAST, UH, SEVEN OR EIGHT MONTHS.
THE SALE OF TRAILERS IS NOT INCLUDED WITHIN THE DEFINITION OF AUTO DEALER.
UH, SO WHEN DID AUTO DEALER, UM, NON-FRANCHISE AUTO DEALER BECOME A NON-CONFORMING USE? AND THIS IS KIND OF SIMILAR TO THE, THE, WHAT OUR DISCUSSION IN OUR PREVIOUS, UH, ITEM ON DECEMBER 11TH, 2018 IS WHEN COUNSEL ADOPTED ORDINANCE NUMBER, UH, 1 0 5 7 5 DASH 2018.
UM, IN THAT ORDINANCE, THEY AMENDED CERTAIN PROVISIONS OF THE UDC.
UM, AND IN RELEVANT PART, YOU'LL SEE
[00:30:02]
AUTO DEALER, AND AGAIN, I GUESS WE SCRATCHED OUT RETAIL, BUT AUTO DEALER NON FRANCHISE, WHICH USED TO BE PERMITTED, UH, WITH A SPECIAL USE PERMIT, WAS STRUCK THROUGH.SO AS OF DECEMBER 11TH, 2018, AUTO DEALER NON FRANCHISE IS NOT A PERMITTED USE IN THE COMMERCIAL DISTRICT.
UM, I WENT THROUGH AND THOUGHT YOU MIGHT FIND THIS INTERESTING.
I WENT THROUGH, UH, ON GOOGLE STREET VIEW TODAY JUST TO, UH, GIVE YOU AN IDEA OF WHAT IT LOOKED LIKE.
UM, THIS WAS IN FEBRUARY, 2021.
YOU CAN SEE THAT IT WAS BEING USED AS A USED CAR SHOP, UM, MAY, 2022, UM, AND THEN SEPTEMBER OF 2022, WHICH IS ACTUALLY, UM, COINCIDENTALLY WHEN THE ONE OF THE CEOS WAS APPLIED FOR US IN SEPTEMBER OF 2022, SEPTEMBER 29TH.
AND, UH, IN, IN FACT, UH, STAFF ISSUED A CO TO KHALIFA AUTO SALES FOR AUTO AND MOTORCYCLE SALES.
UM, SHORTLY THEREAFTER, UH, OCTOBER, UM, PLANNING RECEIVED A ZONING VERIFICATION REQUEST FOR THE PROPERTY FROM TEXAS STAR TRAILER, UH, WHO WAS LEASING THE PROPERTY.
UM, IN RESPONSE, ON NOVEMBER 11TH, 2022, STAFF ISSUED THE ZONING VERIFICATION LETTER TO TEXAS STAR TRAILER.
AND, UH, IMPORTANTLY INDICATED THAT RETAIL SALE OF FOOD TRAILERS IS NOT AN ALLOWED USE WITHIN A COMMERCIAL DISTRICT.
AND, UH, HERE IS THE ZONING VERIFICATION LETTER, JUST, UH, SO YOU CAN SEE IT FOR YOUR OWN PURPOSES AND HIGHLIGHTED THERE, YOU CAN SEE THAT, UH, STAFF MADE IT CLEAR THAT RETAIL SALE OF FOOD TRAILERS IS NOT ALLOWED IN THAT DISTRICT.
UH, FAST FORWARD TO FEBRUARY OF THIS YEAR, UM, DURING AN ANNUAL INSPECTION, CODE ENFORCEMENT DETERMINED THAT TRAILERS WERE BEING ILLEGALLY SOLD, UH, AT THE PROPERTY, UM, AND THEN NO AUTOMOBILES WERE BEING SOLD.
UM, CODE, IT'S NOT IN YOUR PRESENTATION, BUT CODE ENFORCEMENT TOOK ENFORCEMENT ACTION, UM, SUCH AS, YOU KNOW, ISSUING CITATIONS AND REQUESTING THE COB REMOVED, BUT THAT'S NOT REALLY WHAT'S IMPORTANT FOR YOUR APPEAL.
UM, ON MARCH 15TH, TEXAS STAR TRAILER APPLIED FOR A CO, UM, THEY APPLIED, YOU KNOW, THE, THE PARTICULAR LOOSE USE THEY MENTIONED WAS ADMINISTRATION AND SALES CONSULTANTS OFFICE.
THE CO WAS APPROVED UNDER THE CO MADE IT CLEAR THAT, UM, TRAILERS WERE NOT ALLOWED TO BE SOLD.
UM, THAT CO WAS NEVER ISSUED BECAUSE OF LACK OF PAYMENT ON APRIL 22ND, UH, WHICH IS THE, UH, THE CO EO THE SUBJECT OF THIS APPEAL.
UH, CAN MOTOR SPORTS APPLIED FOR A CO FOR AUTO SALES USED NON-FRANCHISE? AND SO ONCE STAFF BEGAN LOOKING INTO THE HISTORY OF THIS CASE, UM, DETERMINING THAT, UM, FOR AT LEAST A PERIOD OF SEVEN MONTHS, THERE WERE NO AUTO SALES BEING INCURRED ON THE PROPERTY.
UM, AND FOR THAT REASON, IT WAS DETERMINED THAT, UH, IT HAD LOST THAT THAT USE HAD BEEN ABANDONED, UM, AND THAT THERE WAS INTENT THERE FOR IT TO BE ABANDONED.
AND, AND SO STAFF DETERMINED THAT IT COULD NOT ISSUE THE CO UM, THIS IS FROM THE UDC, AND I THOUGHT IT WAS IMPORTANT THAT YOU HAD THE, THE, THE ACTUAL LANGUAGE.
UM, WHEN A NON-CONFORMING USE OF LAND, OR A NON-CONFORMING USE OF ALL OR PART OF STRUCTURE IS DISCONTINUED FOR A PERIOD OF SIX MONTHS, SUCH USE SHALL CONCLUSIVELY BE DEEMED TO HAVE BEEN ABANDONED AND SHALL NOT BE RESUMED.
UM, THE TEXAS SUPREME COURT AND, AND THERE'S A LONG HISTORY OF, OF ABANDONED USES IN THE COURT CASES.
AND, UM, WHAT'S NOT IN THE UDC IS THERE HAS TO BE AN INTENT FOR, FOR IT TO BE TO UPHOLD IN, IN COURT.
SO IT'S IMPLIED THAT ABANDONMENT INCLUDES AN ELEMENT OF INTENT.
UM, THIS IS THE DETERMINATION THAT WAS SENT TO THE APPLICANT.
UH, PLANNING STAFF MADE THE DETERMINATION THAT THE LEGAL NON-CONFORMING STAFF OR STATUS, UH, FOR, UH, FOR THE USE AUTO SALES NON-FRANCHISE FOR THE BUILDING LOCATED AT 1326 WEST MAIN STREET HAVE BEEN ABANDONED.
AND AS SUCH, YOUR APPLICATION FOR CERTIFICATE OF OCCUPANCY FOR AUTO SALES WAS DENIED.
AND AGAIN, THE BOARD CAN AFFIRM OR OVERTURN STAFF'S DETERMINATION.
UM, AND IN, IN THE INSTANCE, IF YOU OVERTURN IT, JUST LIKE IN THE OTHER CASE, UM, THE CO WOULD BE APPROVED, UM, STAFF STANDS BY IT, IT, IT'S, IT'S, UH, REC, IT'S, UM, INTERPRETATION APPLICATION OF THE RULES.
AND, UM, I'M HAPPY TO ANSWER ANY, ANY OTHER QUESTIONS.
YOU HAVE ALL QUESTIONS TO MY LEFT QUESTIONS.
AM I RIGHT MR. HUTCHENS? GO AHEAD, SIR.
UH, YOU KNOW, WE HAVE AN ORDINANCE THAT SAYS WHAT WE HAVE FIRST.
THE UDC SAYS BOARD'S NOT ALLOWED TO PERMIT
[00:35:01]
OR APPROVE A REQUEST THAT WOULD BE IN VIOLATION OF ANY OTHER ORDINANCE OF THE CITY.AND WE HAVE ONE THAT SAYS THAT WHEN THE CITY IS DETERMINED, I GUESS BY THEIR ACTIONS, THAT SOMETHING'S NONCONFORMING, IT'S CONCLUSIVE.
DOES THAT AFFECT THE JURISDICTION? I I DON'T THINK IT AFFECTS THE JURISDICTION OF THIS BOARD.
YOU KNOW, ONE BEING THAT I THINK IT'S IMPORTANT THAT THE PROPERTY OWNER HAS DUE PROCESS, THAT THEY CAN COME FORWARD AND SAY, HEY, I APPLIED FOR THE CO AND, AND I DIDN'T GET IT.
AND, AND, AND ALLOW THEM TO STATE THEIR CASE AND, AND SAY WHY THAT, WHY THAT IT'S ERROR.
UM, BUT THEN ALSO THAT SINCE THE UDC DOESN'T MENTION, UM, THE ELEMENT OF INTENT THAT'S REQUIRED IN ABANDONMENT, I, I THINK THAT IT'S IMPORTANT THAT YOU KNOW THE BOARD HEAR THE APPEAL AND, AND MAKE A DECISION ON THAT.
ANYONE ELSE TO MY RIGHT? NOR AM I LEFT? THANK YOU MR. BUTLER.
THAT WILL CONCLUDE THAT, THAT WILL CONCLUDE OUR STAFF BRIEFING.
TAKE A ONE MINUTE TURNAROUND AND I'LL CALL IT BACK IN.
WHAT'S THAT? THEY TRIED TO DO THAT.
WELCOME TO THE CITY OF GRAND PRAIRIE ZONING BOARD OF ADJUSTMENT
[Call to Order]
APPEALS MEETING FOR JUNE 19TH, 2023.I'M BARRY SANDIS, CHAIRMAN OF THE ZONING BOARD OF ADJUSTMENTS.
THIS ME MEETING IS HEREBY CALLED TO ORDER AT 6:13 PM THE ZONING BOARD OF ADJUSTMENTS USUALLY MEETS THE THIRD MONDAY OF EACH MONTH.
ALL MEETINGS ARE VIDEO RECORDED.
NO OFFICIAL ACTION MAY BE TAKEN UNLESS PROPER APPLICATION HAS BEEN SUBMITTED THROUGH THE PLANNING DEPARTMENT.
THE ZONING BOARD OF ADJUSTMENT IS APPOINTED BY THE CITY COUNCIL TO CONSIDER VARIANCES, EXCEPTIONS AND APPEALS AS PRESCRIBED BY THE CITY OF GRAND PRAIRIE'S UNIFIED DEVELOPMENT CODE AND FOLLOWS A PRINTED AGENDA THAT IS AVAILABLE ONLINE IN ACCORDANCE WITH SECTION 2 1 1 0 0 9 OF THE TEXAS LOCAL GOVERNMENT CODE.
THE CONCURRING VOTE IS SEVEN MEMBERS OF THE BOARD IS NECESSARY TO DECIDE IN FAVOR OF THE APPLICANT ON ANY MATTER ON WHICH THE BOARD HAS JURISDICTION.
AS YOU ALL CAN SEE, THERE ARE NINE OF US HERE TO GET YOUR APPEAL.
VARIANCE, ANYTHING APPROVED, YOU NEED SEVEN VOTES IN YOUR FAVOR TO GET IT.
JUST WANNA MAKE SURE EVERYBODY'S CLEAR ABOUT THAT.
MEMBERS OF THE PUBLIC MAY ADDRESS THE BOARD ON ITEMS LISTED ON THE AGENDA UNDER THE TITLE OF PUBLIC HEARING.
I'LL NOW CONDUCT A ROLL CALL OF MEMBERS TO CONFIRM THE PRESENCE OF A QUORUM.
AFTER I CALL YOUR NAME, PLEASE SAY HERE, JUST LIKE THIS.
OOH, THAT'S A GOOD MICROPHONE.
UH, ERIC SMITH HERE AND TOMMY LAND HERE.
SO AS YOU CAN SEE, WE HAVE NINE MEMBERS PRESENT.
WE DO HAVE A QUORUM AND WE CAN PROCEED WITH OUR BUSINESS.
UH, AND NOW I'M GONNA ASK MR. BAKER TO GIVE THE INVOCATION YES.
WE COME TONIGHT ASKING YOUR BLESSINGS UPON OUR MEETING.
LORD, THANK YOU FOR THE GREAT CITY OF GRAND PRAIRIE.
UH, LET US BE FAITHFUL TO THE CITIZENS.
WE ASK THINGS YOUR NAME, AMEN.
IN AN EFFORT TO MINIMIZE DISRUPTIONS THE FOLLOWING MEETING GUIDELINES WILL APPLY.
THE STAFF WILL PRESENT FIRST ON ANY AGENDA ITEM.
APPLICANTS HAVE 30 MINUTES TO PRESENT ONCE THE APPLICANT HAS SPOKEN, EACH MEMBER OF THE PUBLIC WHO FILLS OUT A SPEAKER CARD, JUST LIKE THESE HANDY DANDY THINGS RIGHT HERE IN MY HAND, WILL HAVE FIVE MINUTES TO SPEAK WITH ADDITIONAL TIME ALLOWED AT THE DISCRETION OF THE CHAIRMAN.
SPEAKERS SHOULD GIVE THEIR NAME AND ADDRESS FOR THE RECORD ALONG WITH WHOM YOU REPRESENT.
STAFF WILL BE AVAILABLE TO RESPOND TO QUESTIONS FOLLOWING PRESENTATIONS OF EACH ITEM.
AN INDIVIDUAL WOULD LIKE TO SPEAK ON A TOPIC NOT LISTED ON THIS AGENDA SHOULD SPEAK UNDER THE HEADING OF CITIZEN COMMENTS.
[APPROVAL OF MINUTES]
FIRST ACTION ITEM OF THE NIGHT IS THE APPROVAL OF THE MINUTES OF THE MEETING OF MAY 15TH, 2023.ANY MEMBER OF THE BOARD WHO WISHES TO SPEAK ON THE MINUTES? ANY MEMBER OF THE PUBLIC THAT WISHES TO SPEAK ON THE MINUTES? SEEING NONE, I'LL ENTERTAIN A MOTION TO APPROVE THE MINUTES FOR MAY 15TH, 2023.
MR. CHAIRMAN, I MAKE A MOTION THAT WE APPROVE THE MINUTES FOR, UH, 2023 MAY 15TH.
I HAVE A SECOND BY MR. HUTCHINS.
ANY DISCUSSION? ALL IN FAVOR, RAISE YOUR RIGHT HAND.
THAT TAKES US TO THE PUBLIC HEARING FOR THE REMAINING ITEMS LISTED ON THE AGENDA.
WE HAVE FOUR CASES AS WELL AS TWO APPEALS.
I UNDERSTAND WE HAVE ONE THAT'S TABLE,
[2. ZBA-23-04-0028 (Council District 3) – Variances to increase the maximum lot coverage and height and to reduce the minimum front, side, and rear yard setbacks for a single family residence permitted under the Unified Development Code, located at 2426 Miller Street, legally described as Lot 12, Block 9, Mountain Lakeview Addition, City of Grand Prairie, Dallas County, Texas, zoned Single Family-Four Residential District]
BUT BRITTANY, WELL GO AHEAD AND TAKE IT AWAY.SO AGENDA ITEM NUMBER TWO, ZBA 23 0 4 0 0 2 8.
UM, HAS BEEN REQUESTED BY THE APPLICANT TO TABLE THIS ITEM UNTIL NEXT MEETING.
[3. ZBA-23-04-0024 (Council District 1) – Special Exception for a rear yard carport and variances to increase the maximum area and maximum width of the carport permitted under the Unified Development Code, located at 1901 W Arbor Rose Drive, legally described as Lot 11, Block 1, Wild Rose Ridge Addition, City of Grand Prairie, Dallas County, Texas, zoned Single Family One Residential District]
ALRIGHTY, MOVING ALONG.AGENDA ITEM NUMBER THREE ZBA 23 0 4 0 0 2 4.
THIS IS LOCATED AT 1901 WEST ARBOR ROSE DRIVE.
THIS IS VARIANCES REQUESTED FOR A REAR YARD CARPORT.
SO THE MAXIMUM AREA ALLOWED IS 500 SQUARE FEET.
THEY REQUESTED AN AREA OF 760 SQUARE FEET.
THE MAXIMUM WIDTH OF A CARPORT IS 26 FEET.
THEY'RE REQUESTING A WIDTH OF 40 FEET.
AGAIN, THIS IS ALREADY CONSTRUCTED.
THEY'RE COMING THROUGH NOW TO GET LEGALLY PERMITTED.
[00:40:01]
SO IS THE SITE PLAN YOU'RE LOOKING AT STRUCTURE NUMBER THREE.AGAIN, THIS IS ALL THE SAME AS LAST MONTH THAT Y'ALL SAW.
SO WE DID GET TWO LETTERS OF OPPOSITION.
THEY'RE HIGHLIGHTED IN PURPLE.
THE SUBJECT PROPERTY IS HIGHLIGHTED IN RED.
AGAIN, THE OPPOSITION LETTER MAINLY HAS TO DO WITH THE SIZE OF THE CARPORT BEING REQUESTED.
SO FOUR, THREE NOTICES WERE SENT.
ZERO RETURN IN FAVOR TO RETURN TO OPPOSE.
AND THERE IS NOT AN HOA STAFF DOES NOT OBJECT TO ZBA 2 3 0 4 0 0 24.
BUT DOES RECOMMEND THE FOLLOWING CONDITION THAT THE MAXIMUM AREA OF THE CAR PARK SHALL NOT EXCEED 650 SQUARE FEET.
THAT CONCLUDES STAFF PRESENTATION.
I'M AVAILABLE FOR ANY QUESTIONS.
QUESTIONS OF STAFF? GO AHEAD MR. HUTCHINS.
SHOULDN'T WE HAVE TO VOTE ON THE QUESTION? THE TABLE, UH, ADMINISTRATIVE? WE, WE, OH, WE SHOULD, WE, WE SKIPPED RIGHT OVER THAT, SO I WAS GOOD.
I WAS GONNA ASK THE SAME QUESTION.
THANK, THANK YOU MR. HUTCHINS.
CAN WE GO BACK IN TIME RIGHT NOW AND FREEZE ME, SIR? ALL RIGHT, LET'S, UH, WE ARE TABLING.
I NEED A MOTION TO MR. CHAIRMAN, I'LL MAKE A MOTION THAT WE TABLE ZBA 23 0 4 0 0 2 8.
SEE IS I HAVE A MOTION BY MR. BAKER.
A SECOND BY MS. A PROBABLY NOT MUCH DISCUSSION.
ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND, SAY AYE.
NOW WE CAN PROCEED WITH ITEM THREE.
STAFF PRESENTATION IS COMPLETED.
WE HAVE QUESTIONS OF STAFF TO MY RIGHT.
QUESTIONS OF STAFF TO MY LEFT.
ALRIGHT, THAT, THANK YOU BRITTANY.
WOULD YOU LIKE TO COME UP? WELCOME.
I'M HERE TO TRY TO GET AN APPROVAL TO MAKE A CARPORT.
I MEAN, TO FINISH THE CARPORT.
SO THE CARPORT YOU'VE GOT IS THE BUILDING'S BACK THERE AND YOU'VE GOT A CARPORT.
AS WIDE AS THE BUILDING RIGHT NOW? MM-HMM
AND, AND WHAT IS YOUR PREFERENCE TO, TO GET YOUR CARPORT OBVIOUSLY IS WHAT YOU'RE APPLYING FOR.
NOW YOU HEARD STAFF'S RECOMMENDATION THAT THEY WANT TO TRY TO BE CONSISTENT WITH THE 650 SQUARE FEET.
WOULD YOU BE ABLE TO REBUILD THE, TO FIT THAT? IF I HAVE NOT MORE OPTIONS, I WILL, BUT I WILL, I WILL ASK YOU GUYS TO PLEASE CONSIDER, TO GIVE ME THE APPROVAL TO MAKE IT ON THE SIZE THAT, UM, WE HAVE IT.
AND REASON WHY IS BECAUSE WE HAVE OUR TRUCKS.
AND, UM, IF, UH, I MEAN WE MAKE IT SMALLER, WE WILL HAVE NOT A SPACE TO PARK TWO VEHICLES.
IT WILL BE A SPACE FOR ONLY ONE.
AND, UM, MY HOUSE, UH, WE JUST MOVE YEAR AND A HALF AGO.
SO THE GARAGE THAT IT WAS ATTACHED TO THE HOUSE, IT WAS ALREADY, UH, MADE INTO A BEDROOM.
SO THAT IS THE REASON THAT I WILL ASK IF PLEASE CONSIDER TO GIMME AN APPROVAL TO MAKE IT THE WAY WE HAVE IT WITH THE SIZES THAT WE HAVE.
SO AT THE SEVEN 50 FEET OR WHATEVER IT CURRENTLY IS? YES.
IF THE VARIANCE IS APPROVED, YOU'D RATHER US NOT EXERCISE STAFF RECOMMENDATION AT THE SIX 50, LEAVE IT AT THE SEVEN 50 WHERE IT IS.
IF I HAVE NO MORE OPTIONS, LIKE I SAID.
YEAH, BUT IT'S YOUR TESTIMONY.
I, I I JUST WANNA MAKE SURE WE'RE VERY CLEAR ON, ON WHAT YOU WERE ASKING.
DO YOU HAVE ANYTHING ELSE FOR ANYBODY? MAYBE WE HAVE SOME QUESTIONS HERE.
NOW I, SHE GLANCED THROUGH THAT STRUCTURE REAL QUICK.
IS THAT A THREE CAR GARAGE? NO, IT'S TWO.
AND SO IT'S JUST A WIDTH OF THE TWO CAR GARAGE, IS THAT CORRECT? YES.
ANY OTHER QUESTIONS OF MS. KAMES? NO.
I HAVE ANOTHER SPEAKER CARD, BUT NOT WISHING TO SPEAK, UH, SALIBURY.
UM, ARE YOU, YOU DIDN'T MARK IN SUPPORT OR OPPOSITION? NEUTRAL.
SO HE'S IN THAT THIRD CATEGORY.
HE'S NEUTRAL AND DOES NOT WISH TO SPEAK AND I JUST MADE HIM SPEAK PROBABLY MORE THAN HE WANTED TO.
SO WE'LL JUST REGISTER THAT HE IS HERE.
YOU WROTE IT VERY CLEARLY AND I JUST CAN'T READ.
I HAVE NO OTHER SPEAKER CARDS.
IS THERE ANYONE ELSE HERE THAT WISHES TO SPEAK IN SUPPORT OF THIS CASE? IS THERE ANYONE ELSE HERE THAT WISHES TO SPEAK IN OPPOSITION THAT HAS NOT FILLED OUT A SPEAKER CARD SAYING NONE.
[00:45:01]
A DISCUSSION OF THE BOARD AND ANY ACTIONS.UM, I'LL MAKE A MOTION THAT WE CLOSE THE PUBLIC HEARING, BUT I WANT TO HAVE A DISCUSSION BEFORE WE VOTE.
UM, SO I WILL MAKE A MOTION THAT WE CLOSE THE PUBLIC HEARING ON ITEM ZBA 23 0 4 0 0 2 4.
WE HAVE A SECOND COUNSEL, UH, MR. LANGSTON, I HAVE A MOTION FOR MR. DEAN SECOND FROM MR. LANGSTON TO CLOSE ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING.
RAISE YOUR RIGHT HAND AND SAY AYE.
AND THAT IS UNANIMOUS TO CLOSE.
SO, UM, SINCE THE CARPORT MATCHES UP WITH THE BUILDING THAT'S BEHIND IT AND BECAUSE OF THE REASON THEY WANT TO DO IT, AND THE FACT THAT IT SETS SO FAR FROM THE ROAD, IT'S BARELY, IF THEY BUILT A SMALLER CARPORT, IT WOULD STILL BE VISIBLE TO THE OTHER NEIGHBORS.
YOU KNOW, UM, A HUNDRED SQUARE FOOT SMALLER CARPORT WOULD STILL BE PARTIALLY VISIBLE.
I DON'T THINK IT CHANGES ANYTHING.
SO, UM, I'M IN FAVOR OF, YOU KNOW, MOVING FORWARD WITH THIS.
I, I KIND OF SEE IT THE SAME WAY.
I'M JUST ONE VOTE HERE, BUT I, I THINK IF WE ENTERTAIN A MOTION, I'D LIKE TO SEE A MOTION THAT JUST DOESN'T COUNT ITEM ONE ON THE, UH, STAFF RECOMMENDATIONS AND TO APPROVE THE VARIANCE AND, AND WE'LL SEE HOW THE VOTES GO.
ANYONE ELSE ON THE DISCUSSION? UH,
I MEAN, THAT'S, THAT WAS MY POINT IS IT IS JUST TWO CAR GARAGE AND IT'S, AND IT'S, YOU KNOW, AND SO WE'RE TALKING ABOUT, IT'S NOT REALLY GONNA VARY MUCH BY THE, THE SQUARE FOOTAGE THERE THAT WE'RE TALKING ABOUT, RIGHT? 'CAUSE UH, WITH THE SIZE OF THE LOT AND WHERE IT SITS AND YOU REALLY CAN'T SEE IT FROM THE STREET, MAYBE FROM THE SIDES.
AND IF IT'S JUST CHANGED BY, YOU KNOW, A FEW FEET, IT'S NOT REALLY GONNA CHANGE MUCH.
YEAH, IT'S A SAD THING THAT'S ALREADY BUILT, BUT IT IS WHAT IT IS AND SO, YEAH.
I DON'T SEE MUCH ANY, ANYONE ELSE? MUCH ONE.
YEAH, I THINK THAT IT'S ALREADY BUILT, IT'S CUT OFF A HUNDRED FOOT OF IT OR WHATEVER, WHATEVER WOULD MAKE IT LOOK KIND OF STRANGE TO ME.
I MEAN, LOOKING AT IT, IT'S MORE, YOU KNOW, WHATEVER, SO.
ANY OTHER INPUT ON THE DISCUSSION BEFORE WE ENTERTAIN A MOTION TO APPROVE OR DENY? I SEE NONE.
WILL SOMEBODY GIVE ME A MOTION? I WILL MAKE A MOTION THAT WE APPROVE ZBA 23 0 4 0 2 4.
ALL I HAVE A MOTION TO APPROVE.
SECOND AND A SECOND FOR MR. BAKER.
WITHOUT CONDITIONS, WITHOUT CONDITIONS, JUST STRAIGHT APPROVAL OF VARIANCE.
ALL THOSE IN FAVOR OF THE MOTION RAISE YOUR RIGHT HAND, SAY AYE.
THOSE OPPOSED? SO BY ACCOUNT OF SEVEN TO TWO, THE MOTION IS APPROVED.
THE ABS THE COUNTER VOTES ARE MR. LAND.
[4. ZBA-23-05-0035 (Council District 6) – Special Exceptions for a conversion of a garage into living space, located at 1610 Lewis Trail, legally described as Lot 15, Block NN, Trailwood No. 11 Addition, City of Grand Prairie, Dallas County, Texas, zoned Planned Development-81]
US TO THE NEXT CASE.AGENDA ITEM NUMBER THREE ZBA 23 0 5 0 0 3 5.
UM, THIS IS A SPECIAL EXCEPTION REQUEST FOR A GARAGE CONVERSION.
YOU CAN SEE HERE THE SITE PLAN, THE WORK HAS ALREADY BEEN DONE.
THEY'RE COMING THROUGH NOW TO GET LEGALLY PERMITTED, WHICH OF COURSE REQUIRES DBA APPROVAL.
YOU CAN SEE THE EXISTING GARAGE DOOR.
IT'S STILL THERE, BUT THERE IS A SIDE ENTRANCE.
NOW THE WORK'S ALREADY BEEN DONE.
HERE'S WHAT IT LOOKS LIKE FROM THE INSIDE.
AGAIN, THIS IS THE EXISTING GARAGE.
CONVERSIONS IN THE NEIGHBORHOOD.
IT'S JUST RIGHT OUTSIDE OF BEING ABLE TO BE ADMIN APPROVED, WHICH IS WHY THEY HAVE TO COME HERE.
RETURN IN FAVOR, ONE RETURN OPPOSED.
AND THERE IS NOT AN HOA STAFF DOES NOT OBJECT TO ZBA 23 0 5 0 0 3 5 AS REQUESTED AND IS OPEN TO ANY QUESTIONS.
ALL RIGHT, ANY QUESTIONS? STAFF? MS. HUTCHENS? AND THEY DO HAVE THE, THE, UH, TWO PARKING SPACES.
THEY DO HAVE THE TWO REQUIRED OFF STREET PARKING SPACES.
I DON'T HAVE A SPEAKER CARD ON THIS CASE.
UH, ON ITEM NUMBER FOUR, IS THE APPLICANT HERE OR NO? WHAT IS THE APPLICANT NAME YOU GUYS HAVE? UH, CARLOS AMAYA.
CARLOS AMAYA, YOU IN THE ROOM? SEEING NONE, WE WON'T HAVE AN APPLICANT PRESENTATION.
UH, ANY OTHER QUESTIONS? DOES ANYONE ELSE IN THE ROOM WISH TO SPEAK IN SUPPORT OF THIS CASE? ANYONE IN THE ROOM WISH TO SPEAK IN OPPOSITION TO THIS CASE? SEEING NONE.
I'LL ENTERTAIN A MOTION TO CLOSE PUBLIC HEARING AND MAKE A MOTION.
MR. CHAIRMAN, I'LL MAKE A MOTION AND THAT WE CLOSE THIS CASE EXCEPT DBA 2 3 0 5 0 0 3 5.
I HAVE A, A MOTION FROM MR. BAKER AND A SECOND FROM MS. EK.
ANY DISCUSSION? ALL THOSE IN FAVOR RAISE YOUR RIGHT HAND, SAY AYE.
[00:50:01]
TO ZERO[5. ZBA-23-05-0037 (Council District 3) – Variance to increase the maximum height for a fence permitted under the Unified Development Code, located at 1729 Avenue B, legally described as Lot 3R, Block, 15, Lake Crest No. 2 Addition, City of Grand Prairie, Dallas County, Texas, zoned Single Family-Four Residential District]
TAKES US TO ITEM FIVE.ITEM FIVE IS ZBA 2 3 0 5 0 0 3 7.
THIS IS A VARIANCE REQUEST FOR A FENCE HEIGHT.
IT'S LOCATED AT 1309 AVENUE C.
THE MAXIMUM ALLOWED HEIGHT IS FOUR FEET.
THE REQUESTED HEIGHT IS SIX FEET.
IT IS AN EXISTING SCHOOL, SO A PHOTO OF THE SCHOOL, 77 NOTICES.
RETURN IN FAVOR, ZERO OPPOSED.
AND THERE IS NOT AN HOA ASSOCIATION AGAIN, JUST TO EXPLAIN, THEY'RE IN RESIDENTIAL ZONING.
THEY'RE REQUESTING TO PUT A VARIANCE WITHIN THE SETBACK AND WHEN THAT HAPPENS, IT'S REQUIRED TO BE MAX THREE FEET.
THEY CAN GO UP TO FOUR FEET IF IT'S TRANSPARENT.
IF THEY WANT TO GO BEYOND THAT, THEY HAVE TO COME TO ZBA FOR APPROVAL.
UM, IT'S FOR SECURITY PURPOSES AND THERE IS A CITY FACILITY RIGHT NEXT TO THEM THAT DOES HAVE A SIX FOOT, UM, TRANSPARENT CHAIN LINK FIN.
SO THEY'RE WANTING TO MASH THAT FENCE ON THEIR PROPERTY.
FOR THAT REASON, STAFF DOES NOT OBJECT TO ZBA 23 0 5 0 0 3 7 AND IS AVAILABLE FOR ANY QUESTIONS.
AM MY RIGHT QUESTIONS TO MY LEFT? THANK YOU BRITTANY.
I DO HAVE A SPEAKER CARD HERE.
BILL NASH, YOU'D LIKE TO COME ON DOWN SIR, IF YOU'LL START WITH YOUR NAME AND YOUR ADDRESS FOR THE RECORD.
MY HOUSE IS RIGHT ACROSS THE STREET FROM 1729.
THEY PROPOSED IN THE, UH, FENCE, WHICH I'M NOT, UH, I'M NOT, I'M IN FAVOR OF THAT'S FINE FOR THE SAFETY OF THE SCHOOL.
MY, UH, PROBLEM IS THE, THE FENCING, THE BUSHES, THIS SIX FOOT TALL RED TIP BUSHES THAT WAS REQUIRED TO PUT THERE WHENEVER THEY OPENED UP THE SCHOOL THERE, IT WAS REQUIRED FOR A BARRIER BETWEEN THE STREET, THE SCHOOL AND MY PROPERTY AND, AND MY NEIGHBOR'S PROPERTY.
AND MY QUESTION IS, WHAT HAPPENS TO THESE BEAUTIFUL BUSHES AND THESE BIG LIVE OAK TREES? OKAY.
CAN THEY PUT THEIR FENCE, UH, IN WITHOUT CHOPPING THESE BEAUTIFUL BUSHES DOWN? AND I, AND I APPRECIATE THIS AND I THINK I MAY HAVE UH, GOT US A LITTLE OUTTA ORDER MR. NASH.
'CAUSE USUALLY WE GO WITH THE APPLICANT FIRST.
AND YOU'RE NOT THE APPLICANT ON THIS PARTICULAR CASE, CORRECT? NO.
SO I THINK I NEED TO CALL UP AND I THINK WE'RE GONNA ASK THAT QUESTION OF THE APPLICANT.
YOU'LL HEAR VERY GOOD AS WELL.
BUT YOUR CONCERN JUST TO KIND OF ENCAPSULATE, IS YOU'D RATHER NOT SEE THESE BIG SIX FOOT BUSHES CHOPPED DOWN TO PUT A FENCE UP, CORRECT? YEAH.
WOULD YOU LOOK AT 'EM? UH, YEAH.
BRANDY, COULD YOU PULL THAT PICTURE BACK UP OF THE BUSHES? UH, I DON'T THINK I HAVE IT IN HERE.
YEAH, IT'S ON THE SIDE, UH, RIGHT ACROSS FROM MY HOUSE.
UH, YEAH, IT'S KIND OF HARD TO SEE.
I BELIEVE IT'S THESE RIGHT HERE.
'CAUSE YOU'RE OFF A AVENUE B CORRECT? I'VE GOT PICTURES OF IT.
A LOT OF PICTURES OF IT IN THERE AT BARRIER THAT, CAN HE SHOW THE MR. SHELBY'S PHONE THAT WORKS VERY WELL? NO.
MR. NASH, I DON'T BELIEVE THAT YOU'RE ALLOWED TO SHOW THE PHOTOS OFF YOUR PHONE.
SO THEY'RE THEY'RE RIGHT HERE THOUGH.
IT'S HARD TO SEE FROM THE OVERHEAD, BUT ALRIGHT, LET ME CALL FOR THE APPLICANT AND SEE IF, UH, THEY'RE IN THE ROOM AND CAN SPEAK TO THAT.
'CAUSE I MEAN THAT'S, THAT'S A VALID CONCERN.
I APPRECIATE YOU COMING DOWN AND BRINGING THAT OUT.
THE APPLICANT, UH, STAFF HAS ON THIS CASE IS, UH, EDGAR AGUILERA.
ED EDGAR AGUILERA YOU IN THE ROOM? NO.
BUT WE REALLY DON'T WANT 'EM CHOPPING DOWN THE BUSHES.
AT LEAST MR. NASH DOESN'T WANT THAT.
AND WE CERTAINLY UNDERSTAND THAT.
UH, THE STAFF HAS NO PROBLEM WITH THE FENCE STRUCTURE.
NO PROBLEM WITH THE FENCE STRUCTURE.
I LOOKED INTO IT ON THE SITE PLAN.
I DID NOT SEE THE APPROVED SITE PLAN.
I DID NOT SEE ANY REQUIRED BUSHES.
THE, THE TREES ARE REQUIRED ON THE SITE PLAN.
HOWEVER, I DO BELIEVE THAT THE FENCE BASE OF WHAT I'M LOOKING AT, IT SHOULD BE OUTSIDE OF THOSE.
BUT IT, I DID NOT SEE REQUIRED BUSHES.
SO I DON'T KNOW IF WE WOULD HAVE THE AUTHORITY OR THE MECHANISM TO FORCE THEM TO KEEP THOSE BUSHES FORCING BUSHES UP.
BUT WE, WELL,
AND THEN AS A GOOD NEIGHBOR, I HOPE YOU CAN FIGURE OUT A, A COMPROMISE THERE.
UM, ANY OTHER, WOULD THE IDEA BE TO BUILD THE FENCE INSIDE THE BUSH LINE? OUTSIDE THE BUSH LINE? SO THEY'RE WANTING TO PUT THE FENCE RIGHT ON THE PROPERTY LINE.
SO, WHICH WOULD BE, I BELIEVE, OUTSIDE OF THE BUSH LINE BECAUSE THE BUSHES ARE A LITTLE SETBACK.
OR THE BUSHES WOULD BE INSIDE THE FENCE, I GUESS YOU COULD SAY.
UH, YOU KNOW COULD, IS IT POSSIBLE THAT WE COULD, UH, SET THIS BACK SO THEY CAN COME SPEAK WITH US? THAT'S UP TO Y'ALL.
IF Y'ALL WOULD WANT TO REQUEST A TABLE THAT'S, THAT'S, THAT WOULD TAKE A MOTION TO TABLE.
IS THAT OKAY? IF, IF THAT'S THE PLEASURE
[00:55:01]
OF THE BOARD, THEN WE CAN CERTAINLY GO THAT DIRECTION.I DON'T SEE A PROBLEM WITH THAT BECAUSE, I MEAN, MR. NASH CAME DOWN HERE AND HE EXPRESSED A, A VERY VALID CONCERN FOR THE NEIGHBORHOOD AND HATE TO SEE 'EM PLOW 'EM ALL DOWN SO HE CAN PUT A TRANSPARENT FENCE.
AND IF THEY DIDN'T HAVE THE PLEASURE OF SHOWING UP TONIGHT, WELL, I UNDERSTAND THEY MIGHT, HOPEFULLY THEY'LL SHOW UP NEXT TIME.
UH, THE, UM, SO ANY OTHER DISCUSSION ON THIS ITEM BEFORE WE ENTERTAIN A MOTION? ALL RIGHT.
I AM GONNA ENTERTAIN A MOTION.
UH, MR. CHAIRMAN, I'M MAKE A MOTION THAT WE CLOSE AND, UH, POSTPONE TABLE THIS MOTION TILL NEXT TIME.
WE CAN HAVE SOME MORE INFORMATION ON THIS.
I HAVE A MOTION FROM MR. BAKER, A SECOND FROM MS. EK, ANY DISCUSSION ON WHAT WE'RE VOTING ON TO TABLE THIS MOTION TO THE NEXT SHOT SO THAT HOPEFULLY MR. AGUILAR CAN COME SPEAK, SPEAK TO US ABOUT THE BUSHES.
ALL THOSE IN FAVOR OF TABLING THIS MOTION, RAISE YOUR RIGHT HAND, SAY AYE.
MOTION PASSES UNANIMOUSLY, WHICH TAKES US TO NOT UNANIMOUS.
WAS IT? OH, WHAT WAS UNANIMOUS? I'M SORRY.
I DIDN'T ASK FOR THE SECOND ONE.
I TOTALLY MESSED UP ON THE OPPOSED SAME SIGN.
DON'T BE CONFUSED BY BRITTANY WHIPPING THROUGH THOSE FIRST THREE.
WE'LL TAKE ALL THE TIME WE NEED HERE.
[6. ZBA-23-05-0039 (Council District 5) - Appeal the decision of the Building Official to deny a Certificate of Occupancy (C.O.) for a Contractor Shop (Inside Only), located at 300 SE 5th Street, Unit 400, legally described as a portion of Lot 1R, Block B, R.W. Bairds Addition, City of Grand Prairie, Dallas County, Texas, zoned Central Area.]
TAKE US TO ITEM SIX, PLEASE, SIR, I WANTED TO COME UP HERE AND SAY THAT'S THE, THAT'S THE COMPLETION OF MY PRESENTATION.UH, ITEM NUMBER SIX ZBA 23 0 5 0 0 3 9.
UH, THIS IS AN APPEAL OF ADMINISTRATIVE DECISION.
IF YOU HIT THE BACKSPACE, MATT, WHAT THE HECK? WELL, MR. BUTLER'S SORTING OUT, I JUST WANT, I JUST WANNA SAY THAT, YOU KNOW, THIS IS THE PUBLIC HEARING ON APPEAL FOR A BUILDING OFFICIAL NOT TO ISSUE A CERTIFICATE OF OCCUPANCY BASED ON HIS DETERMINATION THAT THE PROPOSAL PROPOSED USE WAS NOT IN THE PER THE PERMITTED ZONING DISTRICT.
WHAT WE ARE HEARING IS WHETHER THERE WAS AN ERROR ON THE PART OF THE BUILDING OFFICIAL, WE'LL HAVE THE PUBLIC HEARING, WE'LL HAVE THE TESTIMONY OF ALL PARTIES.
WE TAKE ACTION PER STATUTE ON THE NEXT MEETING.
UH, THE LOCATION IS 300TH SOUTHEAST FIFTH STREET.
UH, AND AGAIN, THAT'S THE CENTRAL AREA ZONING DISTRICT.
UM, AND AGAIN, THE, THE APPEAL, UH, STARTS FROM A DENIAL OF A CERTIFICATE, CERTIFICATE OF CERTIFICATE OF OCCUPANCY, UM, FOR, UM, UNIT NUMBER 400, OR YEAH, UNIT NUMBER 400.
UH, HE'S CURRENTLY IN UNIT NUMBER 500 AND WANTS TO EXPAND HIS BUSINESS INTO 400.
UM, AND ONCE AGAIN, THIS IS YOUR AUTHORITY THAT WE WENT THROUGH, UH, DURING BRIEFING.
YOU DO HAVE THE AUTHORITY, UM, TO HEAL AND HEAR AN APPEAL FROM ANY PERSON AGREE BY DECISION OF ADMINISTRATIVE, UH, OFFICIAL.
UM, AND LIKE, UH, OTHER MATTERS BEFORE YOU, IT DOES TAKE A CONCURRENT VOTE OF, UH, 75% OF THE MEMBERS.
UH, HERE WAS THE ORIGINAL, UH, CERTIFICATE OCCUPANCY, UH, APPLICATION WAS FOR A REFRIGERATION, UH, SERVICE COMPANY FOR SUITE 400.
AFTER CLARIFICATION WITH THE, WITH, UH, THE APPLICANT, THE TENANT, UM, STAFF DETERMINED THAT, UH, THE ACTUAL PROPER USE WAS A CONTRACTOR SHOP WITHOUT, UH, UM, OUTSIDE STORAGE.
UM, THIS IS WHAT WAS LEARNED FROM THE, FROM THE TENANT.
THE WOULD BE TENANT, UM, THE INSTALLATION REPAIRS ARE CARRIED OUT DIRECTLY, UH, AT THE BUSINESS OF EACH CLIENT IN THE SUITE WOULD JUST BE USED FOR WAREHOUSE PURPOSES.
UM, SOME EXAMPLES OF PHOTOS OF WHAT WOULD BE STORED, UH, IN THAT UNIT.
UM, THEN HERE IS THE DETERMINATION FROM, UH, PLANNING.
UH, THE USE WOULD BE CONSIDERED A CONTRACTOR SHOP INSIDE ONLY, WHICH IS PROHIBITED WITHIN THE CENTRAL AREA ZONING DISTRICT.
UM, IT IS FOR THAT REASON THAT THE, THE CO WAS DENIED.
UM, AND AGAIN, ANOTHER EMAIL EXPLAINING WHY THE CO WAS DENIED.
AS, UH, YOU CAN SEE IN THE USE CHART THAT WAS EXPLAINED TO THE, TO THE TENANT, UM, IN THAT THE, IN THAT ZONING DISTRICT AND THE CA'S CA DISTRICT, THE CONTRACTOR SHOP IS NOT PERMITTED.
UM, AND HERE ONCE AGAIN IS THE DEFINITION OF CONTRACTOR SHOP WITHOUT OUTSIDE STORAGE.
UH, TYPICALLY THERE'S SERVICES THAT, UM, UH, THAT ARE TAKE PLACE NORMALLY PROVIDED AT THE CUSTOMER'S LOCATION.
UH, THE BUSINESSES USED FOR STORAGE OF EQUIPMENT.
AND AGAIN, THE EXAMPLES PROVIDED IN THE DEFINITION OR HEATING, UH, VENTILATION, AIR CONDITIONING, CONTRACTORS,
[01:00:01]
UH, KINDA SUCH AS, AS THE CONTRACTOR THAT'D BE GOING IN HERE.UM, A MORE CLEAR, UH, VIEW OF, OF THE USE CHART.
UM, AS IT CURRENTLY EXISTS, UM, CONTRACTOR SHOPS ARE NOT PERMITTED IN, IN THE CA DISTRICT.
AND AS WE DISCUSSED IN THE BRIEFING, UM, ON JANUARY 17TH, THAT'S, THAT'S WHEN THE USE CHART WAS AMENDED TO REMOVE THAT, THAT USE IN THE CA DISTRICT.
UM, SO THEN WHEN STAFF REVIEWED IT, STAFF REVIEWS IT BASED ON THE CURRENT USES.
AND, AND STAFF'S DETERMINATION WAS BECAUSE THAT USE IS NO LONGER ALLOWED, THE CO WAS DENIED.
UM, AND THEN JUST FOR YOUR INFORMATION, HERE IS HOW THE TAX AMENDMENT, HOW THE AMENDMENT WAS MADE IN, IN JANUARY.
UM, THE, UH, WHAT WHAT USED TO BE PERMITTED WITH THE SPECIAL USE PERMIT WAS NO LONGER ALLOWED THE CONTRACTOR SHOP INSIDE THE CA DISTRICT.
UM, AND WE WENT OVER THE, THE HISTORY OF THE SITE.
AND AGAIN, IN 2021, HE HAD THE, THE, UH, THE CO FOR SUITE 500, UM, COUNSEL AMENDED, UM, IN JANUARY, 2017, UM, SO THAT THE CONTRACTOR SHOPS ARE NO LONGER PERMITTED IN THAT DISTRICT.
UM, AND THEN IN MAY OF THIS, UH, THIS PAST MAY, UH, IS WHEN THE CO WAS APPLIED FOR AND THROUGH SOME CLARIFICATION AGAIN, THAT WE DETERMINED THAT THE ACTUAL USE THAT'S GONNA BE GOING IN IS CONTRACTOR SHOP WITHOUT OUTSIDE STORAGE.
UM, AND FOR THAT REASON THE CO WAS DENIED.
UM, THE BOARD CAN OVERRULE STAFF'S DETERMINATION THAT THIS IS A CONTRACTOR SHOP THAT IS NOT PERMITTED.
UM, AND THE CO CAN BE DENIED, UH, OR IT CONFIRMED THAT DECISION.
UM, AND AS THE CHAIRMAN MENTIONED, TONIGHT IS JUST THE PUBLIC HEARING.
UH, YOU WON'T VOTE ON THAT MATTER TONIGHT.
YOU'LL VOTE ON IT AT THE NEXT HEARING.
UM, AND STAFF STANDS BY ITS DETERMINATION.
AND AGAIN, STAFF, STAFF MAKES THESE DETERMINATIONS BASED ON THE RULES AS ARE WRITTEN.
AND, AND YOU GUYS CAN, CAN AFFIRM OR, OR OVERTURN THAT DECISION.
THAT CONCLUDES MY PRESENTATION.
HAPPY TO ANSWER ANY QUESTIONS.
ALRIGHT, QUESTIONS, MR. BUTLER? GO AHEAD.
MS. HUTCHENS, JUST A STATEMENT.
I WANNA BE SURE THAT EVERYBODY UNDERSTANDS THIS IS NOT A REQUEST FOR A VARIANCE.
IT'S A REQUEST TO DETERMINE WHETHER OR NOT THE BILLING OFFICIAL WAS CORRECT IN THEIR DECISION.
ALL RIGHT, MR. ING, SO I HAVE A COUPLE QUESTIONS.
UM, WHERE IS THE BOUNDARY FOR THE CENTRAL AREA ZONING DISTRICT? AS IN HOW FAR INSIDE OR HOW CLOSE IS HE TO THE, TO THE ACTUAL BOUNDARY? THAT'S GONNA BE A QUESTION I'M HOPING THAT BRITTANY CAN ANSWER.
UH, I CAN PULL UP HIS ZONING MAP AND SHOW YOU.
THIS BUILDING IS PRETTY CLOSE TO THE EDGE OF CA.
AND THIS IS A, IT'S A WAREHOUSE THAT'S THERE, RIGHT? IT IS AN IT'S EXISTING WAREHOUSE.
IT'S AN EXISTING WAREHOUSE, CORRECT.
SO WHAT IS LEGAL TO GO IN AN EXISTING WAREHOUSE IN THE CENTRAL AREA OF BUS ZONING DISTRICT? UH, SO, AND YOUR PRESENTATION HAVE READ, I THINK THERE GO THAT THIS ISN'T GONNA LIST EVERYTHING, BUT BASICALLY YOU, YOU KNOW, AND ACTUALLY ON THIS, THIS ISN'T A GREAT EXAMPLE BECAUSE THERE'S NOTHING THERE.
THERE'S NOTHING IS ELIGIBLE THERE.
SO ARE YOU CHARTS ARE ABOUT 22 PAGES.
SO THERE ARE A TON OF USES LISTED IN OUR U CHARTS.
THIS IS JUST ONE PAGE SHOWING WHAT THE SPECIFIC USE WAS.
YOU GOOD? UM, YEAH, I SUPPOSE, I MEAN, IT'S A WAREHOUSE THAT HAPPENS TO BE LOCATED IN THE CENTRAL BUSINESS OR THE CENTRAL AREA ZONING DISTRICT.
SO, YOU KNOW, IT, THIS DOESN'T SEEM TO ME TO BE, I, I UNDERSTAND EGREGIOUS TYPE THING, SO I UNDERSTAND.
BUT I APPRECIATE YOU ASKING QUESTIONS.
ANY OTHER QUESTIONS ON THIS ONE OF MR. BUTLER OR MS. ADIER? YEAH.
OH, IF MAY NOT BE MR. ER, IT COULD BE
BUT WHEN CANCELED, UM, DETERMINED THAT THIS CONTRACTOR SHOP WAS NO LONGER GONNA BE IN THAT DISTRICT, WAS THE OWNER NOTIFIED IN ADVANCE? IT SOUNDS LIKE IT WASN'T.
'CAUSE I WOULDN'T COME AN EXPERT CERTIFICATE OF IF I WAS NOTIFIED THAT THE TEXT, A TEXT AMENDMENTS ARE HERE DURING PUBLIC HEARINGS, BUT I DON'T BELIEVE THEY WERE SENT LETTERS.
IS THAT CORRECT? SAVANNAH? WE'RE NOT REQUIRED TO SEND NOTIFICATION.
WE, AT THAT TIME, WE WERE NOT REQUIRED BY STATE LAW SEND NOTIFICATIONS FOR ANY USES THAT WOULD BE MADE NON-CONFORMING.
AND, AND THAT'S, THAT'S NOT A STANDARD PRACTICE AT THAT TIME.
FOLLOW UP OR NO, GO AHEAD MR. SMITH.
UM, YEAH, I'M JUST, UH, THINKING ABOUT THE, THE CENTRAL AREA, THE, THE USES THE CITY HALL WOULD, OR THE USES THE CITY WOULD BE THINKING ABOUT WOULD BE MORE RESTAURANTS, MORE PUBLIC FACING BU UM, BUSINESSES.
AND, UH, IT SEEMS LIKE THIS BUSINESS IS EXPANDING BECAUSE THERE ARE RESTAURANTS
[01:05:01]
EXPANDING AROUND IT AND THAT THAT'S THEIR DIRECT BUSINESS.I, I DON'T KNOW IF, IF WE SHOULD BE LOOKING AT THE SUBSTANCE OF IT, BUT, UM, YEAH.
I, I FEEL FOR THIS BUSINESS OWNER I DO TOO.
ANYBODY THAT WANTS TO EXPAND MORE TOWN'S A GOOD THING.
AND SO IF WE SAY THAT THE STAFF IS WRONG, THEN WE'D BE GOING AGAINST THE COUNCIL'S DECISION THAT THIS IS NON-CONFORMING, RIGHT? YEAH.
I, I THINK THAT'S A FAIR STATEMENT.
IT'S MY UNDERSTANDING THAT YEAH, THE COUNCIL'S TRYING TO CHANGE THE UNDERLYING NATURE OF DOWNTOWN, MAKING IT MORE PUBLIC FACING.
THIS IS NOT A PUBLIC FACING BUSINESS.
IT'S, IT'S DOESN'T MAKE FOR A NEIGHBORLY WALKABLE MM-HMM
KIND OF DOWNTOWN, BUT MAN, I MM-HMM
BUT YET WE HAVE WAREHOUSES WITHIN THAT DISTRICT.
YOU KNOW, AND WAREHOUSES ARE NOT, YOU KNOW, SO RIGHT.
ANY MORE QUESTIONS FOR MR. BUTLER? OKAY.
UM, SO I WOULDN'T KNOW WHAT'S INSIDE THIS BUILDING.
WOULD I, I MEAN, IF I DROVE BY, WOULD I SEE, WOULD I HAVE ANY IDEA WHAT'S INSIDE THIS BUILDING IF I DROVE MY CAR IN FRONT OF IT? UH, NO MA'AM.
I WOULD NEVER KNOW WHAT'S INSIDE.
WELL, I DID HAVE ONE OTHER QUESTION.
HAS THIS BUILDING, HAS THIS, UH, THE OWNER OF THIS BUILDING, OR THE GUY THAT'S LEASING IT, HAS HE EVER BEEN BROUGHT UP BEFORE CITY COUNCIL FOR NOT MAINTAINING HIS PROPERTY BY DOING THINGS OUTSIDE HIS PROPERTY THAT HE SHOULDN'T BE DOING ANYTHING LIKE THAT? SAVANNAH, I KNOW WE HAD ALWAYS HAD ISSUES WITH THIS, WITH, UH, YOU KNOW, SOME COMMERCIAL BUSINESS OWNERS THAT OPERATED WAREHOUSES IN THE PAST ON ZBA THAT WE WERE LOOKING AT REISSUING AN SUP OR SOMETHING.
SO HAS THIS GUY EVER HAD ANY, BEEN NON-CONFORMING IN ANYTHING? I'M NOT AWARE OF THAT.
HISTORY STAFF DID NOT LOOK AT ANY CODE VIOLATION HISTORY ON THIS PROPERTY.
AGAIN, THIS IS JUST RELATED TO WHETHER OR NOT THIS USE IS ALLOWED PER THE USE CHART.
AND HIS STAFF MADE THE CORRECT DETERMINATION.
MR. ADE, IF I CLARIFY, I THINK THE APPLICANT HAS FILLED OUT A CARD IN THE ROOM AND HE'S SHAKING HIS HEAD, SO I'M PRETTY SURE HE CAN SHINE SOME MORE LIGHT ON THAT QUESTION FOR YOU THAN, THAN EVEN STAFF CAN ON THIS ONE.
MR. CHAIRMAN, MR. DEMPSEY, UM, I JUST WANNA MAKE SURE THAT WE, WE UNDERSTAND WHAT WE'RE DOING HERE.
THIS IS NOT A, A VARIANCE REQUEST.
WE'RE NOT, WE'RE NOT TRYING TO DETERMINE WHETHER WE SHOULD GRANT THIS GENTLEMAN A VARIANCE, UM, UNDER THE NORMAL.
WE DON'T DO THESE APPEALS VERY OFTEN.
WHAT WE'RE HERE TO DECIDE IS WHETHER OR NOT YOU BELIEVE THAT THE BUILDING OFFICIAL MADE THE CORRECT INTERPRETATION OF, UH, WHETHER OR NOT THIS WAS A PERMITTED USE IN THE LOCATION IT'S AT.
UM, SO I JUST WANT TO, AND I UNDERSTAND THAT HE MAY HAVE HAD NO CODE VIOLATIONS AND IT MAY, UM, THERE MAY BE OTHER THINGS YOU'RE CONSIDERING, BUT JUST KEEP IN MIND, WE'RE NOT REALLY LOOKING TO GRANT HIM A VARIANCE.
WE'RE TRYING TO DETERMINE IF THE BUILDING OFFICIAL CORRECTLY INTERPRETED THE, THE ZONING ORDINANCE TO CLASSIFY THIS USE THE WAY HE DID.
AND JUST FOR MY OWN CLARIFICATION, MR. BUTLER UNIT, UH, I, AND I GET 'EM BACKWARDS.
UM, THE EXISTING BUSINESS IS A CONTRACTOR SHOP TOO, CORRECT? BUT BY OUR INTERPRETATIONS, IT'S HERE.
IT'S A LEGAL NON-CONFORMING USE, LEGAL, NON-CONFORMING USE.
BUT ANY SUBSEQUENT C COS APPLIED FOR AFTER JANUARY, THAT'S WHAT THE BUILDING OFFICIAL IS BASING ON.
SO WHAT'S BEFORE US IS TO DETERMINE, 'CAUSE OBVIOUSLY I THINK WE CAN ALL SAY, YEAH, THAT, THAT ONE, WELL, HE DOES IT RIGHT NEXT DOOR.
WHY CAN'T HE, YOU KNOW, DO THAT? AND IT'S BASED ON DID THE BUILDING OFFICIAL INTERPRET THE RULES AS THEY STAND WHEN THE CO WAS SUBMITTED IN MAY? CORRECT? CORRECT.
IT, THE, UH, WHEN I LOOK AT OUR PURPOSE, IT SAYS THE ZONING BOARD OF JUSTICE AND APPEALS IS APPOINTED BY THE CITY COUNCIL TO CONSIDER VARIANCES, EXCEPTIONS AND APPEALS AS PRESCRIBED BY THE CITY OF GRAND PRAIRIE'S UNIFIED DEVELOPMENT CODE.
SO I THINK, YOU KNOW, BASED ON WHAT OUR, YOU KNOW, BASED ON WHAT WE ARE TOLD, OUR JOB IS THAT, UH, WE CAN MAKE A DECISION AS, AS WE SEE FIT.
SO CAN I JUST MAKE A QUICK COMMENT? 'CAUSE CERTAINLY I'M STRUGGLING WITH THE SAME THING.
[01:10:01]
UM, THAT OUR AUTHORITY HERE IS TO APPROVE OR AFFIRM IF A BUILDING OFFICIAL MADE THE RIGHT INTERPRETATION.I JUST, I'M STRUGGLING WITH THAT'S THE ROLE THAT WE'RE HERE TO PLAY, IF YOU DON'T MIND.
I'M SORRY, MR. CHAIRMAN, START SPEAKING.
BUT YOU'RE IN A DIFFERENT ROLE HERE IN DOING THIS KIND OF, UH, UH, APPEAL THAN YOU ARE IN A VARIANCE.
THE, THE, WHAT MR. HEDEN WAS SAYING IS CORRECT.
IT'S JUST, UM, IT UNDER NORMAL CIRCUMSTANCES, BUT YOU ARE NOT HERE TO, NOR WOULD YOU BE AUTHORIZED TO GRANT A VARIANCE IN THIS SITUATION.
YOU'RE SITTING AS AN APPELLATE, AN APPEAL BODY TO DETERMINE WHETHER A BUILDING OFFICIAL'S INTERPRETATION OF THE ZONING THAT ON THIS PROPERTY IS CORRECT OR NOT.
AND YOU CAN DETERMINE THAT HE MADE AN ERROR, UM, OR, AND, AND REVERSED DECISION.
UM, OR YOU CAN AFFIRM THAT DECISION OR MODIFY IT OR WHATEVER, RIGHT? BUT THIS ISN'T A PLACE WHERE YOU WOULD, YOU WOULD SAY, WELL, YOU KNOW, HE IS A GOOD OPERATOR, RIGHT? THE PLACE NEXT DOOR IS ALREADY DOING THAT.
THE ZONING CHANGED ON HIM BEFORE THE USE WENT INTO INTO EFFECT.
SO THAT'S, THAT'S WHAT'S HAPPENED HERE, AND THAT'S WHY THE BUILDING OFFICIAL MADE THE DECISION HE DID.
CAN WE LOOK AT THE CONTRACTOR SHOP DEFINITION AGAIN? YES, MA'AM.
AND IF IT WOULD, COULD I ADD ONE LAST THING? CERTAINLY, MR. SEY, GO AHEAD AND I'LL READ THIS TO YOU JUST SO IT MAY BE HELPFUL TO HEAR IT FROM SOMEONE OTHER THAN ME.
BUT IT SAID THAT THE BOARD OF ADJUSTMENT MAY HEAR AND DECIDE IN APPEAL THAT ALLEGES ERROR IN AN ORDER REQUIREMENT DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF THIS SUBCHAPTER OR AN ORDINANCE ADOPTED UNDER THE SUBCHAPTER.
THAT'S, THAT'S WHAT CAPACITY YOU'RE SITTING IN TONIGHT.
AND MS. RO IS THAT HE PUT IT UP ON THE SCREEN.
ARE YOU GOOD WITH THE DEFINITIONS BEING PRESENTED FOR US? ALL RIGHT.
ANY OTHER QUESTIONS? I HESITATE TO LOOK AT MR. ADEEN FOR FEAR THAT HE SAYS YES, BUT, UH, ALL RIGHT.
NOW I HAVE ONE, I HAVE TWO SPEAKER CARDS.
IS MR. CORN CORNELIUS THE APPLICANT ON THIS PARTICULAR CASE? UH, I'M THE OWNER OF THE PROPERTY.
AND SO IS THAT WHAT STAFF HAS AS THE APPLICANT? YES.
SO, MR. CORNELIUS, IF YOU'LL COME ON DOWN, START WITH YOUR NAME AND ADDRESS AND SHINE SOME LIGHT.
UH, 1608 NORTH STATE HIGHWAY 1 61 IN GRAND PRAIRIE.
AND AS YOU KNOW, WE'RE REQUESTING, UH, I GUESS NOT A VARIANCE.
UM, I JUST FEEL IT'S A BURDEN ON MY TENANT.
WE SIGNED THIS LEASE AND NOW ALL OF A SUDDEN I FOUND OUT HE CAN'T MOVE NEXT DOOR.
THE PREVIOUS TENANT IN THERE WAS A CONTRACTOR, ELECTRICAL CONTRACTOR.
UH, THIS BUILDING, UM, 'CAUSE I'VE HAD IT FOR, I DON'T KNOW, 20, 25 YEARS, UH, IS BUILT FOR CONTRACTORS.
THERE ARE A THOUSAND, 2000 SQUARE FOOT SPACES.
THERE'S A STRONG DEMAND FOR THIS TYPE OF TENANT.
UM, THERE'S NOT A LOT OF PLACES FOR TENANTS TO GO.
UH, THIS IS ON THE EDGE OF THE CENTRAL, UH, AREA ZONING.
IT IS SOUTH OF, UM, EAST JEFFERSON, WHICH IS A WAYS FROM DOWNTOWN.
UM, THERE ARE INDUSTRIAL BUILDINGS, 200 YARDS FROM ME OR 200 FEET FROM ME.
THERE'S AN INDUSTRIAL BUILDING.
UM, I'M A LITTLE BAFFLED AS WHAT I'M SUPPOSED TO DO WITH MY WAREHOUSE BUILDING BECAUSE I DO HAVE A LIST OF THE USES THAT ARE AVAILABLE.
I WENT THROUGH AND, AND THEY'RE ALL REQUIRING, UH, IT'S BUSINESS, UH, OFFICE OR RETAIL TYPE USE.
I THINK WE ALL KNOW THAT LOCATION HAS SOMETHING TO DO WITH REAL ESTATE.
UH, FIFTH STREET IS THREE BLOCKS LONG.
IT'S CLEARLY NOT A RETAIL LOCATION.
IT WAS BUILT AS AN OFFICE WAREHOUSE.
AND THAT'S WHAT IT'S DESIGNED TO DO.
THAT'S WHAT IT'S BEEN SINCE IT WAS BUILT.
UM, WHY THE CITY THINKS IT SHOULD BE, I HAVE NO IDEA, BUT IT CLEARLY SHOULDN'T BE THAT TYPE OF USE.
THAT'S NOT, IT'S NOT ANYWHERE CLOSE TO DOWNTOWN.
BUT, UM, EVEN CHANGING THE USE, WHICH IS A LOT OF MONEY, YOU KNOW, IT'S BUILT WITH CERTAIN REQUIREMENTS FOR AN OFFICE WAREHOUSE, PARKING REQUIREMENTS.
[01:15:01]
USES, WHICH THEY'RE APPARENTLY DEMANDING, UM, REQUIRE ADDITIONAL PARKING.IT'S BEEN DOING FINE FOR, SINCE IT WAS, I THINK BUILT IN 1985.
UM, I'M A LITTLE BAFFLED IS WHAT I'M SUPPOSED TO DO WITH THIS BUILDING.
UM, IF I CAN'T USE IT FOR WHAT IT WAS DESIGNED FOR, IT'S CLEARLY NOT OFFICE.
WHAT AM I SUPPOSED, WHAT AM I SUPPOSED TO DO WITH IT AS MY TENANTS MOVE OUT? UM, AND, AND I, I KNOW YOU'RE NOT THE BOARD NECESSARILY.
SOMETHING I NEED TO TAKE UP WITH COUNCIL.
BUT, YOU KNOW, I FEEL LIKE I'M SACRIFICING FOR THE CITY.
YOU KNOW, MY, MY PROPERTY HAS TO, HAS TO GO BECAUSE FOR THE GOOD OF THE CITY, IT'S, HOW DOES THAT AFFECT THE CITY AT ALL? HOW DOES THIS BETTER THE CITIZENS OF GRAND PRAIRIE? I DON'T, I DON'T SEE IT.
UM, THERE'S A, THERE'S A BIG DEMAND FOR THIS TYPE OF USE.
UM, AND SMALL BUSINESSES NEED PLACES TO DO BUSINESS.
AND MY TENANT WOULD JUST LIKE TO GROW HIS BUSINESS AND, UM, TAKE ON ANOTHER SPACE.
ANY QUESTIONS FOR MR. CORNELIUS TO, AM I RIGHT? JUST A STATEMENT.
GO AHEAD, MS. HUTCHINS, UH, YOU STATED IT CORRECTLY THAT THIS IS REALLY WHETHER OR NOT THAT SHOULD BE ZONED THAT WAY.
AS A QUESTION FOR THE CITY COUNCIL, NOT FOR THIS BOARD.
YOU CAN, THIS ONLY ISSUE FOR THIS BOARD IS DID THEY INTERPRET THE ORDINANCES CORRECTLY? YES.
I GUESS I'M VENTING A LITTLE BIT.
AND THEY MAKE UP THE RULES AND IF THEY INTERPRET IT THE WAY THEY WANT, SO I, YOU KNOW, AND, AND I'M GONNA ASK, JUST SO I CAN KIND OF GET A VISUAL, CAN WE GET A LOOK BACK AT THE OVERHEAD ON THE SCREEN? OH, WAIT, THERE'S NOT, IS IT A, IS THERE A, IS THERE AN OVERHEAD OF THE PROPERTY? THE FIRST GRADERS IS THERE.
MR. CORN, SHE'S JUST GONNA PUSH THROUGH THERE.
'CAUSE WE'D SEND MR. BUTLER, BUT THERE WE GO.
I KNOW WHERE AUSTIN STREET IS.
UM, ANY OTHER QUESTIONS FOR MR. CORNELIUS OR STATEMENTS? MR. ADEEN FIRST AND THEN WE'LL DO MS. JE, JUST REAL QUICK, ARE YOU AWARE OF ANY CODE VIOLATIONS BY THE TENANT AT ALL? NO.
UM, I HAVE OTHER PROPERTIES IN GRAND PRAIRIE.
I DON'T, UH, I DON'T LET TENANTS GET AWAY WITH THINGS.
I'M NOT AWARE OF ANY VIOLATIONS ON ANY PROPERTIES.
YOU, YOU HAD ASKED FOR A LIST OF THE, THIS, WHAT I DID IS WENT THROUGH AND LISTED ALL THE PROPERTIES THAT ARE ACTUALLY ALLOWED.
YOU ASKED, I'LL GIVE IT TO YOU.
AND THERE'S NOT A SINGLE ONE THAT WOULD WORK IN MY CENTER, FIT INTO THE WAREHOUSE THERE AT, UH, DALLAS AND AUSTIN AND FIFTH.
UM, MS. ACHE, YOU HAVE A QUESTION, MR. CORN? MY QUESTION IS, HOW, HOW LONG HAVE THE BUILDINGS BEEN THERE? I BELIEVE THEY WERE BUILT IN 1985.
SO YOU'VE HAD THESE BUILDINGS THERE SINCE 18, 19 85? NO, I BOUGHT THEM IN 96.
BUT, BUT, BUT YOU BOUGHT 'EM, THEY WERE ALREADY THERE.
YOU DIDN'T BUILD THEM? NO, I DIDN'T BUILD THEM.
SO THEY WERE ALREADY THERE, SO, OKAY.
SO THEY'VE COME IN AND THEY'VE MADE SOME CHANGES IN WHATEVER.
ANY OTHER QUESTIONS FOR MR. CORNELIUS? THANK YOU, SIR.
AND IF YOU'LL PASS THAT, ONCE THE APPLICANT HAS INTRODUCED SOMETHING, IT NEEDS TO BE PASSED DOWN SO EACH OF THE BOARD MEMBERS CAN SEE THAT.
I'LL ALSO NEED TO TAKE IT TO MAKE A COPY FOR THE RECORD.
SO WE'LL TAKE A, TAKE A QUICK GLANCE TO LOOK OVER THIS SHEET THAT MR. CORNELIUS PRESENTED AND THEN GIVE IT TO BRITTANY SO SHE CAN MAKE PHOTOCOPIES AND WALLPAPER THE GARAGE WITH IT.
BUT IS THERE ANYONE ELSE WISHING TO SPEAK IN SUPPORT OF ZBA CASE 2 3 0 5 0 0 3 9 IN THE ROOM IN SUPPORT? YES, SIR.
IF YOU'LL COME ON DOWN TO THE MICROPHONE YET.
DIDN'T FILL OUT A SPEAKER CARD, RIGHT? YEAH, YOU DID? YES, I DID.
I HAVE YOU DOWN HERE AS OPPOSING.
ARE YOU, ARE YOU FOR IT OR AGAINST IT? NO, I'M THE OWNER OF THE, THE BUSINESS.
YEAH, YOU JUST HAD IT CHECKED EVERY, SO THIS IS ALEX ANTE? YES, I'M ALEX ANTE.
WE HAD A LITTLE, YEAH, HE, HE'S THE OWNER OF THE BUSINESS, SO THANK YOU.
GO AHEAD, SIR, IF YOU'LL START WITH YOUR NAME AND YOUR ADDRESS AND OH, YES.
I'M A REFRIGERATION TECHNICIAN CERTIFIED IN TEXAS.
AND OUR, FIRST OF ALL, I RENTED 300, THE SUITE 500, RIGHT? MM-HMM
SO I GREW UP AND I RENTED TO MR.
SO I DIDN'T KNOW ANYTHING ABOUT THE SONY SUN, SOMETHING LIKE THAT.
I DON'T WANNA BLOCK THE RULES.
SO I JUST, UM, APPLIED FOR THE, FOR THE STORAGE.
SO THE, THE BUSINESS I DO IS, UH, COMMERCIAL REFRIGERATION, COMMERCIAL,
[01:20:01]
UH, RESTORE EQUIPMENT.SO THAT'S WHY I WANT MY CEO FOR THAT.
SO BASICALLY, WHAT, WHAT DO YOU, WHAT, WHAT WERE YOUR PLANS AND WHAT YOU KEEP CURRENTLY IN 500 IS YEAH, SAME THING.
SUPPLIES, MATERIALS, STUFF THAT, BUT YOU REPAIR THE EQUIPMENT AT THE RESTAURANTS.
UHHUH AND I'M, I, I, I'M, I'M IMPORTED TO THE EQUIPMENT.
MY, MY EQUIPMENT COME FROM ITALY, CHINA, I'M, YOU KNOW, I, SO, SO YOU ORDER IT IN AND GOT A, HAVE A PLACE TO KEEP IT SO THAT YOU GO.
AND, AND BUSINESS IS GOOD, OBVIOUSLY, IF YOU'RE LOOKING TO GROW.
UH, AND YOU ARE IN SUPPORT OF THIS CASE, OBVIOUSLY.
UH, DOES ANYONE HAVE ANY QUESTIONS FOR THIS GENTLEMAN? UH, MR. MORANTE? I THINK WE'RE GOOD.
THANK YOU FOR COMING DOWN, SIR.
IS THERE ANYONE ELSE WISHING TO SPEAK IN SUPPORT OF THIS CASE IN THE ROOM? SEEING NONE.
IS THERE ANYONE WISHING TO SPEAK IN OPPOSITION TO CASE 0 0 3 9 BEFORE US TODAY? IF NOT, I HAVE A QUESTION.
I'D LIKE TO ASK MATT THIS QUESTION.
THIS IS TANTAMOUNT TO REZONING.
IF WE DECIDE ANYTHING OTHER THAN THE QUESTION OF WHETHER OR NOT THE STAFF MADE THE CORRECT DECISION UNDER THE CITY'S ZONING ORDINANCE AS IT EXISTS, AND IF, IF WE TRY TO SAY, WELL, THEY OUGHT TO LET THIS BE IN THERE, THAT'S A ZONING ISSUE, WHICH WOULD HAVE NO JURISDICTION.
I, I WOULD AGREE WITH THAT, SIR.
I, I THINK IT'S REALLY THE DETERMINATION.
DID, DID STAFF MAKE THE RIGHT DETERMINATION IN DEFINING THIS TYPE OF USE AS BASED ON THE ORDINANCE THAT THE CITY COUNCIL ADOPTED? CORRECT.
ANY OTHER QUESTIONS FOR ANYONE ELSE WHERE STATEMENTS? I'M CHECKING.
OKAY, THEN AT THIS POINT, I AM GOING TO ASK FOR A MOTION TO CLOSE THE PUBLIC HEARING AS PRESCRIBED.
AND THAT WILL BE OUR ONLY ACTION FOR TONIGHT IS CLOSE THE PUBLIC HEARING.
BRITTANY, THERE'S YOUR COPY ASSIGNMENT.
UM, MR. CHAIRMAN, I'LL MAKE THE MOTION WE CLOSE ZBA 23 0 5 0 0 3 9 UNTIL WE MAKE A MOTION ON IT.
WE ARE CLOSING THE PUBLIC HEARING ON 0 0 3 9 AND TAKE NO ACTION TONIGHT.
I HAVE A MOTION FROM MR. BAKER.
ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING, PLEASE RAISE YOUR RIGHT HAND, SAY AYE.
MR. SMITH, THAT'S UNANIMOUS THIS TIME.
[7. ZBA-23-06-0041 (Council District 5) – Appeal the decision of the Building Official to deny a Certificate of Occupancy (C.O.) for Auto Dealer (Non-Franchised Used), located at 1326 W Main Street, legally described as Lot 7 and a portion of Lot 6, Block 67, Dalworth Park Addition, City of Grand Prairie, Dallas County, Texas, zoned Commercial]
ALL RIGHT, MR. BUTLER, LET'S GO TO THE NEXT CASE.AGAIN, WE'LL HAVE THE PUBLIC HEARING HAVE THE TESTIMONY OF ALL THE APPLICANTS AT WHICH POINT WE WILL CLOSE, CLOSE IT AGAIN AND TAKE ACTION NEXT MEETING.
UH, ITEM NUMBER SEVEN ON YOUR AGENDA IS ZBA 23 0 6 0 0 4 1.
AND AGAIN, IT IS APPEAL OF AN ADMINISTRATIVE DECISION.
UH, THIS IS THE LOCATION, 1326 WEST MAIN, UH, IT IS LOCATED IN THE COMMERCIAL DISTRICT.
UM, THIS REQUEST WAS FILED BY AN ATTORNEY, UM, AND THAT'S FILED, PHRASED THIS WAY.
MY CLIENT HAD A CERTIFICATE OF OCCUPANCY FOR AUTO SALES.
UH, THE DETERMINATION WAS MADE THAT IT WAS ABANDONED.
SO THE, UH, DECISION BEFORE THIS BOARD WOULD BE DETERMINED WHETHER THAT THAT USE, UH, USED CARS, SALES, UH, NON FRANCHISE WAS ABANDONED.
UM, AND ONCE AGAIN, AS WE WENT OVER BEFORE, UM, THIS IS YOUR AUTHORITY AS THE BOARD TO CONSIDER AN APPEAL FROM ANY AGGRIEVED, UH, FROM ANY PERSON AGREED BY DECISION OF ANY ADMINISTRATIVE OFFICER.
AND ONE MORE TIME, THAT IT DOES REQUIRE 75% VOTE, UM, TO OVERRULE A DETERMINATION OF ADMINISTRATIVE OFFICIAL, UH, THIS IS, UH, THE CO THAT WAS DENIED, UM, BECAUSE THE STAFF DETERMINED THAT THE, UH, USE OF USED CARS NON-FRANCHISE WAS ABANDONED, UM, FROM, UH, HONDA AUTOMOTIVE SPORTS.
UM, AND THE DESCRIPTION WAS, AS AN INDEPENDENT AUTOMOTIVE, AUTOMOTIVE DEALERSHIP, WE SELL USED CARS, TRUCKS, AND SUVS.
UM, AND HERE IS THE DEFINITION OF AUTO DEALER.
UM, IT MEANS A CAR DEALERSHIP THAT IS INDEPENDENTLY OWNED AND OPERATED, OR THAT DOES NOT OPERATE UNDER A FRANCHISE AGREEMENT, UM, ACCESSORY USES, UH, TO A NON FRANCHISE AUTO DEALER, OTHER THAN MAKE READY MUST BE APPROVED INDIVIDUALLY PER THE USE CHART.
UH, REPOSSESSED VEHICLE STORAGE WILL BE CONSIDERED ANCILLARY USE FOR SUCH DESIGNATED IMPOUNDED AREA DOES NOT EXCEED 20% OF THE TOTAL SITE AREA, AND IS FOR THE TEMPORARY IMPOUND AND OUR STORAGE OF REPOSSESSED AUTOMO AUTOMOTIVE VEHICLES, UH, THAT WERE SOLD ON SITE, THAT THE DESIGNATED IMPOUND AREA WILL BE SECURED AND SCREENED WITH FENCE.
AND AGAIN, UH, AS I NOTED IN, UH, THE BRIEFING, I THINK IT'S
[01:25:01]
IMPORTANT TO NOTE THAT THE SALE OF TRAILERS IS NOT INCLUDED WITHIN, UH, THE DEFINITION OF AUTO DEALER, UM, MR. BUTLER.DO YOU HAPPEN TO KNOW WHAT IS TRAILER SALES CONSIDERED? IF IT'S NOT AUTO SALES, WHAT, WHAT DOES THAT CATEGORIZE AS TO YOU? WOULD, YOU KNOW, OR IT, THE, THE, THE, IT, IT'S NOT CATEGORIZED AS ANYTHING CHARACTERIZED AS ANYTHING IN, IN THE UDC.
SO IF YOU LOOK AT THE UD C TRY YEAH, THEY'RE, THEY'RE, AND, AND I SCOURED IT.
UM, UH, SO IN THE, UH, COMMERCIAL DISTRICT, UM, AUTO DEALER NON-FRANCHISE BECAME A NON-CONFORMING USE DECEMBER 11TH IN 2018, UH, WHEN COUNSEL ADOPTED THE ORDINANCE NUMBER 1 0 5 7 5 DASH 2018.
UM, AND YOU CAN SEE ON THE, THE SCREEN THERE, UH, CIRCLED IN RED, UH, WHICH, UH, AUTO DEALER, WHICH, UH, AT ONE POINT WAS PERMITTED WITH A SPECIAL USE PERMIT, UH, THAT WAS STRUCK THROUGH AND IS NO LONGER ALLOWED IN, IN THE COMMERCIAL DISTRICT.
UH, AND ONCE AGAIN, THE, UH, SCREENSHOTS THAT I SHARED WITH YOU IN THE BRIEFING, THIS IS FEBRUARY, 2021, MAY, 2022 AND SEPTEMBER, 2022, UM, WHEN A, UH, CO WAS APPLIED FOR, AND A CO WAS ISSUED, UH, TO KHALIFA AUTO SALES FOR AUTO AND MOTORCYCLE SALES.
UH, SHORTLY THEREAFTER IN OCTOBER, UM, TEXAS STAR TRAILER REQUESTED A ZONING VERIFICATION.
UM, AND IN RESPONSE, UH, STAFF PROVIDED THAT, UH, ZONING VERIFICATION LETTER AND, UM, AFFIRMED OR, UM, CLARIFIED THAT RETAIL SALE OF FOOD TRAILERS IS NOT ALLOWED USE WITHIN A COMMERCIAL DISTRICT.
UM, AND HERE'S THE ZONING VERIFICATION LETTER, UM, THAT CONFIRMED THAT, UM, AND I THINK THE HISTORY IS IMPORTANT HERE.
UM, AFTER THAT ZONING VERIFICATION LETTER WAS ISSUED SAYING THAT NO TRAILER SALES, UH, WERE PERMITTED IN, IN THE COMMERCIAL DISTRICT IN FEBRUARY OF THIS PAST YEAR, CODE ENFORCEMENT DURING ANNUAL INSPECTION DETERMINED THAT THAT INDEED WHAT, WHAT WAS OCCURRING ON THE PROPERTY.
AND THERE WERE, WERE NO AUTO SALES OCCURRING ON THE PROPERTY.
UM, AND IN MARCH, UH, 2015, TEXAS STAR TRAILER ATTEMPTED TO APPLY FOR A CO, UM, FOR ADMINISTRATIVE AND SALES CONSULTANTS OFFICES.
UM, STAFF APPROVED THAT CO BUT MAKE CLEAR THAT, UH, TRAILER SALES WERE NOT PERMITTED, UM, THAT CO WAS NEVER PAID FOR OR, OR ISSUED.
AND THEN IN APRIL, UH, APRIL 22ND, UM, CONDO MOTOR SPORTS IS APPLIED FOR THE CO AND THAT'S THE CO THAT IS DENIED.
UH, AND SUBJECT TO THIS APPEAL.
UM, SO A STAFF REVIEWED THE HISTORY OF THIS CASE AT THE VERY MINIMUM, STARTING FROM SEPTEMBER, 2022, UH, WHEN THE CO FOR AUTO SALES WAS ISSUED UP UNTIL APRIL, 2023.
UH, IT'S BEEN, THAT'S BEEN SEVEN MONTHS.
UM, NO USE CAR SALES WERE OCCURRING ON THAT PROPERTY.
UH, TRAILER SALES WERE OCCURRING.
AND SO WE THINK THAT THAT SHOWS, UH, INTENT TO ABANDON THE USE.
UM, AND AS WE WENT OVER IN THE BRIEFING, THIS, THIS IS WHAT THE UDC SAYS ABOUT NON-CONFORMING USES.
UM, WHEN A NON-CONFORMING USE OF LAND OR NON-CONFORMING USE OF ALL OR PART OF STRUCTURES IS DISCONTINUED FOR A PERIOD OF SIX MONTHS, SUCH USE, UH, SHALL CONCLUSIVELY BE DEEMED TO HAVE BEEN ABANDONED AND SHALL NOT BE RESUMED.
UM, THAT AN ADDED CONTENTS FROM ADDED, UH, CONTEXT FROM TEXAS CASES, THE INTENT, UH, INTENT TO ABANDON A NON-CONFORMING USE OF PROPERTY IS IMPLIED IN THE DEFINITION OF ABANDONMENT.
HERE IS THE DETERMINATION, UM, THAT, UH, STAFF MADE, UH, STAFF MADE THE DETERMINATION THAT THE LEGAL NONCONFORMING STATUS FOR AUTO SALES USED NON-FRANCHISE FOR THE BUILDING LOCATED AT 1326 WEST MAIN HAD BEEN ABANDONED.
AND AS SUCH, YOUR APPLICATION FOR A CEO FOR AUTO SALES WAS DENIED.
ALRIGHT, UH, STAFF STANDS BY IT'S A INTERPRETATION APPLICATION.
UH, AGAIN, THIS THO THIS BOARD HAS THE COMPLETE AUTHORITY TO OVERRULE OR AFFIRM THAT DETERMINATION.
UM, THAT COMPLETES MY, UH, MY PRESENTATION.
I'M NOT TO ANSWER ANY QUESTIONS.
QUESTIONS OF MR. BUTLER TO MY RIGHT, MR. HUTCHENS, GO AHEAD.
UH, WOULD YOU PUT THE ORDINANCE BACK UP THERE AGAIN? UH, WHICH, THAT ONE.
HOW DO YOU INTERPRET THE WORD CONCLUSIVELY BEING DETERMINED? DOES THAT, DOES THAT CREATE A JURISDICTIONAL ISSUE? I DON'T THINK IT CREATES A JURISDICTIONAL ISSUE.
I THINK YOU HAVE TO READ THE UDC, WHICH JUST SAYS CONCLUSIVELY SAYS THAT IT'S ABANDONED.
I THINK YOU HAVE TO READ THAT IN CONJUNCTION WITH WHAT THE TEXAS CASES HOLD, THAT, UM, THERE HAS TO BE AN ATTEMPT TO, UH, TO ABANDON THE USE IN ORDER FOR ABANDONMENT TO OCCUR.
[01:30:03]
ALL RIGHT.ANY OTHER QUESTIONS FOR MR. BUTLER? TO MY RIGHT? HOW ABOUT TO MY LEFT, MS. ACHE? I'M HERE MOST TIMID HAND ON HERE.
SO IN THE PICTURES THAT I SAW, IT'S OBVIOUS, IT LOOKED LIKE THERE WAS NOTHING THERE.
AND SO, IS THERE A, IS DO Y'ALL HAVE, UH, THAT IT WAS CLOSED FOR SIX MONTHS? I MEAN, I SAW THE SIGNS, I SAW THE BUILDING EMPTY, BUT WAS IT A MONTH? WAS IT SIX MONTHS? WAS IT TWO MONTHS? WAS IT THREE WEEKS? I MEAN, DO YOU KNOW? I DON'T KNOW.
SO IN THE PICTURES THAT YOU SHOWED US YES, MA'AM.
AND THEN WE SAW IT SAID THERE WAS NO BUSINESS AND I THOUGHT I SAW FOR SALE SIGN, AND THEN I SAW ANOTHER PICTURE THAT HAD NOBODY THERE AGAIN, LIKE THEY'D REMODELED IT, FIXED IT OR SOMETHING, DID SOMETHING.
SO DURING THAT PA, FROM THE FIRST PICTURE TO THE SECOND TO THE THIRD PICTURE, WAS THERE A SIX MONTH PERIOD? NO, I WAS JUST SHOWING YOU EXAMPLES OF, OF WHAT IT LOOKED LIKE DURING THAT TIME.
OH, BUT YOU DON'T, BUT THIS SAYS A PERIOD OF SIX MONTHS.
SO FROM SEPTEMBER OF 2022 WHEN THE, WHEN THE FIRST CO WAS ISSUED.
SHORTLY AFTER THAT IS WHEN TEXAS STAR TRAILER ASKED FOR THE ZONING VERIFICATION LETTER AND THAT THAT'S WHO WAS LEASING THE PROPERTY.
UM, TEXAS STAR TRAILER IS WHO ENDED UP OCCUPYING THE PROPERTY AND SELLING TRAILERS ON THE PROPERTY RATHER THAN AUTOMOBILES.
AND SO THAT, THAT, THAT STAFF'S POSITION IS THAT THE, THE SALE OF USED CARS WAS NO LONGER OCCURRING ON THE PROPERTY FOR THAT PERIOD OF AT LEAST FOR AT LEAST SIX MONTHS.
ANY OTHER BOARD MEMBERS HAVE QUESTIONS FOR MR. BUTLER? THANK YOU, SIR.
I HAVE TWO SPEAKER CARDS, MR. KHALIFA AND A THIRD, BUT I'M BETTING THAT MR. KHALIFA, THIS IS, UH, ARE YOU THE APPLICANT? YES.
THE PROPERTY OWNER HATER? YES, SIR.
IS THAT CORRECT? IF YOU COULD COME ON DOWN TO THE MICROPHONE, START WITH YOUR NAME AND YOUR ADDRESS AND THEN SEE WHAT KINDA LIGHTS YOU CAN SHINE ON THIS.
I'M THE LANDLORD OF THE PROPERTY.
RIGHT? UH, SO YES, WE, I, I PURCHASED THE PROPERTY LAST SUMMER AROUND THIS TIME OF THE YEAR.
UM, THE PLACE WAS GRANDFATHERED IN FROM THE PREVIOUS OWNERS, THE SELLERS AS A DEALERSHIP.
SO, UH, WHEN I PURCHASED IT, I WAS ABLE TO GET MY CO FOR KHALIFA AUTO SALES.
UM, I HAVE ANOTHER DEALERSHIP IN FORT WORTH THAT I WAS GONNA EXPAND TO GRAND PRAIRIE.
HOWEVER, UM, DUE TO FINANCIALS, UM, I ENDED UP LEASING IT TO THE TRAILER, UH, PEOPLE AS A SHOWROOM BECAUSE THEY BASICALLY BUILT CUSTOM TRAILERS, UH, IN MONTEREY, MEXICO.
AND THEY JUST NEEDED A PLACE TO BASICALLY SHOW A DEMO AND USE THE OFFICE.
UM, AND SO THEY WERE THERE FOR ONLY ABOUT THE MONTHS OF OCTOBER, NOVEMBER.
THEN WE GOT A LETTER FROM THE CITY SAYING THEY'RE NOT ALLOWED TO BE THERE.
THEY IMMEDIATELY LEFT DECEMBER, JANUARY, FEBRUARY.
I HAVE THE ELECTRICITY IN MY NAME, TRASH WATERVILLE CONTINUOUSLY THERE.
THERE'S A STORAGE IN THE BACK THAT I USE TO PARK MY CARS.
THAT'S WHY THE PLACE MIGHT HAVE LOOKED EMPTY.
THERE'S ACTUALLY A BAY THAT OPENS IN THE BACK.
UM, I HAVE MY MAIN DEALERSHIP IN FORT WORTH.
AND SO THIS ONE IS USED SPARSELY, MAYBE TWO CARS HERE AND THERE, THREE CARS.
UM, SO GOING FORWARD, UH, AGAIN, I WAS TRYING TO GROW MY FIRST DEALERSHIP IN FORT WORTH.
HOWEVER, UM, JUST RIGHT NOW IS THAT TIME FOR ME.
SO I HAVEN'T HAD THE CHANCE TO GROW.
I DID RUN ACROSS, UH, K AND A OR CONDO MOTORS OVER THERE.
THEY ARE A DEALERSHIP THAT'S BEEN IN BUSINESS FOR OVER FOUR YEARS, OUT OF CARROLLTON WITH FIVE STAR REVIEWS ONLINE.
VERY GREAT, UH, UH, PEOPLE AND VERY GREAT BUSINESS THAT THEY RUN.
THEY WISH TO LEASE MY PROPERTY.
UM, SO YES, THAT'S THE, THEY'RE THE ONES THAT ARE KIND, THAT APPLIED TO, TO GET A CO IN THE CITY OF GRAND PRAIRIE IN THAT PROPERTY.
SO, SO IT'S YOUR TESTIMONY THAT YEAH.
THAT YOU LEASED TO A, THE TRAILER PLACE FOR TWO MONTHS.
THEY TRIED TO GET A CO THAT'S NOT A PERMITTED USE FOR THIS PARTICULAR LOT.
THEY, THEY TRIED TO FIGHT IT, AND I TOLD THEM, NO, IF THE CITY DOESN'T WANT YOU HERE, THEN WE ARE GONNA KEEP IT ON THE AUTO SALES.
BUT YOUR, YOUR, YOUR POSITION IS, HEY, I DIDN'T ABANDON IT.
I WAS STILL USING IT AS, YOU KNOW, AND I WAS STORING CARS IN THE BACK AND, AND THAT KIND OF STUFF.
LOOKS LIKE FROM THE, THE PHOTOS, AT SOME POINT SOMEBODY RENOVATED IT AND CLEANED IT UP A LITTLE BIT.
AND NOW AT THIS POINT, WHAT YOU'RE SAYING IS CAN MOTORS WOULD LIKE TO OPERATE IT AS A, SO YOUR POSITION IS THAT THE BUILDING OFFICIAL IS DECLARING IT AN ABANDONED USE AND YOU'RE SAYING NO, IT WASN'T ABANDONED.
AND HAVE PROOF ALL THE WATER JUST DIDN'T HAVE A LOT OF CARS AND TRASH BILLS AND EVERYTHING ALWAYS
[01:35:01]
BEEN PAID ON TIME.IT JUST DIDN'T HAVE PACKED BUMPER TO BUMPER CARS.
NO, THIS PLACE DOESN'T HOLD THAT MUCH CARS ANYWAY.
IF YOU'VE SEEN IT, THE HOLDING HOLDS ON 10, BUT THE BAY IN THE BACK IS PRETTY BIG.
AND THE OFFICE INSIDE IS VERY BIG.
I USE THE OFFICE INSIDE AS WELL.
BUT GOING FORWARD, SHOULD THIS BOARD VOTE AND DECIDE THAT THE BUILDING OFFICIAL DECLARED IT ABANDONED AND MADE AN ERROR, AND IF IT WASN'T ABANDONED, THEN IT WOULD CONTINUE TO BE IN AUTO SALES.
AND YOU HAVE A TENANT TO YES, SIR.
THIS, THIS, THIS CAN OF MOTORS TO, TO OPERATE AS A TRADITIONAL YES, SIR.
THAT'S CARS ON THE LOT KIND OF THING.
ANY OTHER QUESTIONS OF THE APPLICANT HERE? UH, YES SIR.
SO WHAT KIND OF, UH, CAR DEALERSHIP IS IT? I I KNOW YOU USE CAR DEALERSHIP, IS IT INTERNET ONLY OR IS IT, DO YOU HAVE PEOPLE THAT COME IN THE DOOR OR HOW, HOW DOES IT WORK? THAT'S A GOOD QUESTION.
SO MODERN DAY, UM, AUTO SALES HAS REALLY TRANS TRANSITIONED.
UM, IN MY DEALERSHIP IN FORT WORTH, IT'S BEEN 80 TO 90% INTERNET SALES.
IT'S EASIER TO SHOP ONE TIME ONLINE THAN IT IS TO DRIVE AROUND ALL DAY LONG.
UM, HOWEVER, I'M NOT SURE IF IT WAS CLASSIFIED SPECIFICALLY AS INTERNET IN THIS ONE.
GRAND PRAIRIE IS JUST A GENERAL USED AUTO DEALERSHIP.
UM, NOW GOING FORWARD WITH THE, THE CONDO THAT WOULD LIKE TO LEASE THE PLACE, I'M NOT SURE EXACTLY HOW THEY'D LIKE TO RUN THEIR BUSINESS, BUT I BELIEVE IT'S A MIXTURE OF BOTH.
AND THEY DO HAVE A FIVE STAR REVIEW ONLINE.
IF, IF IT WAS ONLINE SALES, THAT REVIEWS ARE AMAZING, ESPECIALLY BEEN A BUSINESS FOR OVER FOUR YEARS.
HOPE THAT ANSWERED YOUR QUESTION, MR. LAND.
I KNOW YOU HAD BILLS AND SO FORTH.
HOW MANY MONTHS WERE YOU STORING CARS THERE? UH, SO I WAS STORING CARS SINCE DAY ONE, SINCE, UH, I GOT MY CERTIFICATE OF OCCUPANCY SINCE, UH, SEPTEMBER 30TH, I BELIEVE.
SO DID YOU SELL ANY CARS OR WERE YOU JUST STORING CARS THERE? JUST STORING CARS? YEAH, JUST STORING.
BUT MY SALES WERE HAPPENING OUTTA FORT WORTH.
SO I, I GUESS FOR ME THE DIFFERENCE IS IF IT WAS PERMITTED FOR AUTO SALES AND YOU WERE JUST STORING CARDS THERE, I HAVE TO GET TO THE POINT WHERE I HAVE TO FIGURE OUT IS THAT REALLY ABANDONMENT OR NOT? YES, SIR.
AND, AND, AND THAT'S THE, THAT'S THE ISSUE BEFORE US, IS WHETHER THE BUILDING OFFICIAL WHO'S DETERMINED THAT IT'S BEEN ABANDONED WAS CORRECT, OR IF THERE WAS AN ERROR MADE.
AND THAT'S REALLY THE ONLY ISSUE BEFORE US IN THIS PUBLIC HEARING AS I UNDERSTAND IT.
UH, MR. CLIFF, DID YOU HAVE ANYTHING ELSE TO ADD OR, OH, WAIT, THERE'S MORE.
DURING THAT SIX MONTHS, WERE YOU ACTUALLY SELLING CARS AT THAT LOCATION? UH, SO AS, UM, MR. LEN HAD JUST ASKED, MR. I'M SORRY.
CAN SHE, CAN YOU HEAR ME? BUT AS MR. LEN HAD JUST ASKED, I USED IT MAINLY AS STORAGE.
I DO HAVE MY MAIN DEALERSHIP IN FORT WORTH.
SO WHATEVER CARS, UM, THAT WE BASICALLY PURCHASED FROM AUCTION THAT WE WERE NOT READY TO SEND OVER TO FORT WORTH, THEY WOULD GO TO THE GRAND PRAIRIE LOCATION FOR STORAGE, EXTRA PARKING.
NO DIRECT SALES WERE HAPPENING.
ADAM, NO DIRECT SIGNALS? NO SIR.
JUST USE THAT STORAGE? YES, SIR.
ANYONE ELSE? SEEING NONE? THANK YOU MR. KHALIFA.
APPRECIATE YOU COMING DOWN, EVERYBODY.
I HAVE A COUPLE MORE SPEAKER CARDS.
I HAVE, UH, ON BEHALF KIND OF MOTORS, CATHERINE ROBERTSON AND ALEXANDER ROBERTSON, BOTH OF YOU.
YOU'LL START WITH NAME AND ADDRESS AND TELL US YOUR PART OF THIS.
UM, ALEX ROBERTSON AND AT 1326 WEST MAIN STREET.
WE BEGAN DISCUSSIONS WITH MR. KHALIFA IN FEBRUARY REGARDING THE PROPERTY AND LOGISTICS BECAUSE OUR LEASE IN CARROLLTON WAS ENDING IN MAY.
AND SO WE WERE LOOKING TO MOVE OUR DEALERSHIP.
WE DO HAVE FIVE STAR GOOGLE REVIEWS 'CAUSE WE TAKE IT VERY SERIOUSLY TO TAKE CARE OF THE COMMUNITY AND THE COMMUNITY OF PEOPLE THAT ARE LOOKING FOR USED CARS.
UM, WE APPLIED FOR OUR CERTIFICATE OF OCCUPANCY IN, UM, IN APRIL.
AND, UM,
UM, JUST AS A, A PIECE OF CLARIFICATION, YOU'VE ASKED ABOUT SALES AT THAT LOCATION FOR MR. KHALIFA.
UH, HE HAS AN OPERATING DEALERSHIP IN FORT WORTH TO LEGALLY SELL THEM AT THAT LOCATION IN GRAND PRAIRIE, HE WOULD NEED AN ADDITIONAL LICENSE FROM THE STATE.
SO THERE'S A, A LITTLE BIT OF, UH, IN ORDER TO OPERATE, HE, HE WOULDN'T BE ABLE TO, HE WOULDN'T HAVE BEEN ABLE TO SELL THOSE CARS WITHOUT OPENING AN ENTIRE BUSINESS THERE AS WELL.
NOW, CANADA MOTORS HAS A LICENSE FOR THE STATE AND IS TRANSFERRING IT FROM WHERE YOU WERE IN CARROLLTON DOWN TO GRAND PRAIRIE IF ALL GOES FORWARD THE WAY YOU'D LIKE TO SEE IT? SOMEWHAT.
UH, SO AGAIN, FOR CLARIFICATION, BECAUSE WE'RE CHANGING CITIES, THE STATE REQUIRES US TO APPLY FOR A NEW LICENSE.
SO, BUT OUR LICENSE WAS ALWAYS IN GOOD STANDING WITH
[01:40:01]
NO, UH, DEROGATORY MARKS OR ANYTHING, OR INQUISITIONS OR ANYTHING LIKE THAT.ANYONE ON THE BOARD HAVE ANY QUESTIONS FOR THE ROBERTSONS MR. LAND? GO AHEAD, SIR.
SO YOU'RE SAYING THAT EVEN THOUGH HE HAD DEALERSHIP FOR WORTH, HE COULDN'T ACTIVELY BE SELLING CARS OUT
SO HE'S NOT ACTUALLY RUNNING A DEALERSHIP OUT THAT LOCATION.
HE CAN'T RUN A DEALERSHIP OUTTA THAT LOCATION.
HE COULD HAVE IF HE HAD AN ACTIVE DEALER LICENSE AT THAT LOCATION.
THERE WERE OTHER ACTIVE DEALER LICENSES AT THAT LOCATION THOUGH, BUT NOT ATTACHED TO HIM.
THANK YOU FOR COMING DOWN FOLKS.
AND I HAVE ONE OTHER SPEAKER CARD, LORI DUNHAM IN SUPPORT OR OPPOSITIONS, UH, SUPPORT.
WELL GO AHEAD AND, AND, AND INTRODUCE YOURSELF AND YOUR ADDRESS AND OKAY.
AND TELL US WHAT YOU CAME TO TELL US.
UH, MY OFFICE IS AT 1900 COUNTRY CLUB DRIVE IN MANSFIELD.
UM, I'M HERE IN SUPPORT OF MR. KHALIFA AND HIS, UM, UH, REQUEST FOR OCCUPANCY AND I'M HELPING HIM WITH THE DOCUMENTATION AND SUPPORT.
UH, ARE YOU AN ATTORNEY? I'M NOT AN ATTORNEY.
I'M NOTARY, BUT NOT AN ATTORNEY.
WE GOT PLENTY OF ATTORNEYS IN THE ROOM.
WE GOT MORE THAN ENOUGH ATTORNEYS.
JUST, JUST, JUST WANTED CLARIFICATION.
UM, AND YOU'RE IN SUPPORT OF THE CASE.
AND SO YOUR POSITION AS, AS WELL AS MR. CLEAVER'S WASN'T ABANDONED.
CORRECT? WE, WE, WE WERE USING THE PROPERTY.
WE'RE TRYING TO GET THE RIGHT USE IN THERE.
IF THE TIMETABLES GO FROM SEPTEMBER OR IN FEBRUARY WHEN THEY'RE, THE ROBERTSONS ARE TRYING TO, WELL WE GOT TRIPPED UP ON THE SIX MONTH THING RIGHT ON THE EDGE.
SO, UH, WHAT'S BEFORE US AGAIN? JUST FOR OUR BOARD.
ALL WE'RE HEARING IS PUBLIC HEARING TONIGHT.
WE WILL CLOSE A PUBLIC HEARING AND THEN TAKE ACTION AT OUR NEXT SCHEDULED MEETING IN JULY.
ANYTHING ELSE YOU WANTED TO ADD FOR US? LET ME ASK IF THERE'S ANY QUESTIONS OF YOU, MS. DUNHAM? NO, SHE TRIED TO YIELD HER TIME FOR, SHE EVEN GOT UP HERE.
WELL, THANK YOU FOR COMING DOWN.
IS THERE ANYONE ELSE THAT WISHES TO SPEAK IN SUPPORT OF THE OH, DID YOU HAVE A QUESTION? I HAVE A QUESTION BACK.
UM, HAVE Y'ALL TALKED TO ALL OF THESE PEOPLE BEFORE? MM-HMM
YES, THERE WERE EXTENSIVE CONVERSATIONS BETWEEN STAFF AND THE CONDO MOTOR APPLICANTS AND THE PROPERTY OWNER LEADING UP TO THIS.
I GUESS, I'M SORRY, I I HAVE A QUESTION FOR THE, FOR STAFF AS WELL.
IS THERE ANYTHING THAT, THAT TOLLS THE TIME PERIOD UNDER THE CASE LAW OR UNDER THE ADMINISTRATIVE LAW? IN OTHER WORDS, IF THE PROPERTY WAS FOR SALE, IS THAT INCLUDED IN THE SIX MONTHS? IF THEY'RE, SO IF I, IF Y'ALL ARE THE CAUSE OF, OF A DELAY THAT, CAN I MAKE A POINT OF CLARIFICATION REAL QUICK? SO IN YOUR PACKETS, I INCLUDED SOME CODE REPORTS.
SO THEY WERE IN THERE IN OCTOBER WITHOUT A CEO FOR TEXAS STAR TRAILERS.
IF YOU LOOK AT YOUR PACKET IN FEBRUARY AND MARCH, CODE CITED TEXAS STAR TRAILERS FOR VIOLATIONS.
SO THEY WERE STILL IN THERE IN THOSE LAWS STILL THERE IN FEBRUARY, MARCH.
CODE CITED THEM AND AT THAT TIME, KHALIFA AUTO SALES, WHO HAD THE PREVIOUS CO PER CITY ORDINANCE WAS SUPPOSED TO TURN THEIR CO SO AT THAT POINT THAT CO WAS SUPPOSED TO ACTUALLY BE SURRENDERED TO THE CITY.
SO JUST A POINT OF CLARIFICATION.
IT IT IS SURRENDERED TO THE CITY WHEN THERE'S ANOTHER CO APPROVED, CORRECT? WELL, WHAT, WHENEVER THEY WERE ILLEGALLY OPERATING ANOTHER BUSINESS THERE.
BUT THAT'S A A, THAT IS A CODE ISSUE THAT I'M NOT AS FAMILIAR WITH.
BUT THOSE WERE IN THE, IN THE HISTORY NOTES FROM THE CODE COMPLIANCE OFFICER.
WELL WE GOT IT INTO THE PUBLIC HEARING SO THAT WE KNOW THAT MR. BUTLER.
AND, AND TO TO, TO YOUR QUESTION A LITTLE BIT MORE, UM, THERE ARE CERTAIN THINGS THAT CAN TOLL, LIKE IF IT, IF IT'S UNDERGOING MAINTENANCE OR, UM, YOU KNOW WHAT I SAW, I SAW REPAIR WAS IN, RIGHT.
AND YOU KNOW, WE WERE, WE WERE CONSERVATIVE IN OUR JUDGMENT.
I, I, I THINK THAT, YOU KNOW, THE, I THINK YOU COULD START THE, THE, THE CLOCK RUNNING IN SEPTEMBER, END OF SEPTEMBER.
UM, 'CAUSE THAT'S WHEN THE CO WAS APPLIED FOR, AND YOU KNOW, ARGUABLY IT WAS, IT, IT HAD BEEN ABANDONED BEFORE THAT, BUT, YOU KNOW, WE WERE CONSERVATIVE IN OUR ESTIMATE.
SO BY MY COUNT, SEPTEMBER TO, UM, AT LEAST MAY IS IS WHERE WE'RE TALKING, THAT'S GONNA BE NINE.
UM, SO, SO YOU WOULD NOT, YOU WOULDN'T CONSIDER ANY PARTICULAR TOLLING PERIOD IN THERE? NOT DURING THAT TIMEFRAME, NO, SIR.
[01:45:01]
I SEE YOU LEANING FORWARD, READY TO GET ON THAT MIC.UH, ON PROCEDURE AT THE NEXT MEETING, DO WE JUST VOTE OR DO WE CONTINUE TO HEAR EVIDENCE? WE'RE GONNA CLOSE THE PUBLIC HEARING TONIGHT.
TONIGHT, SO, AND THEN COME BACK IN A MONTH.
WE'RE NOT GONNA ANOTHER PUBLIC HEARING.
DO WE JUST VOTE OR JUST, I ANTICIPATE YOU HAVING DISCUSSION IF YOU WANT TO HAVE DISCUSSION, BUT WE'RE GONNA, AMONG US HAVE TO TAKE A VOTE, A BOARD DISCUSSION, NO PUBLIC HEARING, BUT A BOARD DISCUSSION, THEN TAKE A ACTION SO WE DON'T HEAR ANY OTHER EVIDENCE.
I'M NOT, I'M JUST, WELL, IT'S A, THIS IS KIND OF THE FIRST, UH, TIME I'VE BEEN ASKED THAT QUESTION BECAUSE THE FIRST ONE OF THESE I'VE DONE, WE'RE GONNA, IT IS GONNA BE A POSTED MEETING.
SO I THINK PROBABLY PEOPLE COULD GET UP AND TALK ON THE ITEM.
IT'S JUST NOT A PART OF THE, OF THE TESTIMONY THAT YOU'RE SUPPOSED TO MAKE YOUR DECISION ON.
IN THEORY, THEY COULD SPEAK UNDER CITIZEN COMMENTS, BUT YEAH, ON THE MEETING, ON THE MEETING NEXT MONTH, VERY LIKELY THAT'LL BE AFTER ACTION IS TAKEN AND KIND OF AFTER THE BARN DOOR.
UH, DOES THAT ANSWER OUR QUESTIONS FOR THE STAFF? UH, LET ME PROCEED AND ASK IF THERE'S ANYONE ELSE WISHING TO SPEAK IN SUPPORT WHILE WE'RE STILL IN PUBLIC HEARING ON 0 0 4 1.
I THINK WE'VE EXHAUSTED JUST ABOUT EVERYBODY IN THE ROOM.
UH, ANYONE WISHING TO SPEAK IN OPPOSITION TO 0 0 4 1? ALRIGHT, I HAVE THREE IN SUPPORT, SO THERE'S REALLY NOT MUCH REASON FOR REBUTTAL AT THIS POINT.
UM, I WILL ENTERTAIN A MOTION TO CLOSE PUBLIC HEARING.
MR. CHAIRMAN, I'LL MAKE A MOTION TO BE CLOSED HEARING ZBA 23 0 6 0 0 4 1.
UH, WHICH WE'LL VOTE ON NEXT MEETING.
I HAVE A MOTION TO CLOSE PUBLIC HEARING.
DO I HAVE A SECOND? UH, FROM MS. EK? SO I HAVE A MOTION FROM MR. BAKER.
ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING, PLEASE RAISE YOUR RIGHT HAND AND SAY AYE.
AND WE THAT IS UNANIMOUS MR. DEMPSEY.
I WAS JUST GONNA SAY, UM, FOR THOSE OF YOU WHO MAY NOT KNOW, THIS IS MY LAST MEETING.
YOU JUST STOLE ALL MY THUNDER.
I WAS ABOUT TO MAKE A WHOLE, I THOUGHT YOU WERE GONNA CLOSE IT.
BUT I WANT TO THANK YOU FOR YOUR SERVICE, SIR.
YOU'RE RETIRING OR HEADED ELSEWHERE? I'M RETIRING.
SEE, WE FINALLY GOT AN APPEAL AND IT BROKE.
SEE, YOU KNOW, HE JUST RETIRED.
THIS ISN'T NEAR MY WORST DAY,
I APPRECIATE YOUR, YOUR SERVICE AND YOU'RE WELCOME.
I'VE REALLY ENJOYED WORKING WITH ALL OF YOU.
IT'S BEEN A GOOD, NICE FIVE AND A HALF YEARS AND A AND A NICE 35 TOTAL YEARS.
SO, WELL, I'VE BEEN THROUGH SEVERAL, SEVERAL CITY ATTORNEYS IN THIS ROLE AND YOU'VE BEEN MOST HELPFUL AND, AND UP TO AND INCLUDING OFFERING TO JUMPSTART MY WIFE'S CAR WHEN I LET IT DIE ON THE PARKING LOT.
SO, THANK YOU FOR YOUR SERVICE AND, AND, AND I HOPE I WISH YOU THE BEST IN RETIREMENT.
ANY OTHER BUSINESS BEFORE US? SEEING NONE.