OK, I ANDREW GALLETTI CALL THE ZONING BOARD MEETING TO ORDER.
[Zoning Board of Adjustments on January 6, 2021.]
[00:00:06]
IT IS 4:00 P.M., ACTUALLY IT'S 4:06.IT'S ON WEDNESDAY, JANUARY 6, 2021.
CAN WE HAVE THE ROLL CALL, PLEASE? THANK Y'ALL. AND WE HAVE A QUORUM.
DOES ANYBODY HAVE A CONFLICT OF INTEREST ON THESE THREE THAT WE HAVE TODAY? [INAUDIBLE] HEARING NONE.
WE NEED A MOTION TO CORRECT FOR THE APPROVAL OF MINUTES.
DO WE HAVE A SECOND? I'LL SECOND, THIS IS ROBERT GIRNDT, I'LL SECOND.
OK, AND CAN WE HAVE A ROLL CALL VOTE, PLEASE.
BOARD MEMBER THOMPSON. HERE. BOARD MEMBER WATFORD. YES.
GOT TO OPEN THE FLOOR NOW FOR ANY PUBLIC OR FOR ANY NON AGENDA ITEMS. WE RECEIVED TWO PUBLIC COMMENTS REGARDING AGENDA ITEM.
EXCUSE ME. LET ME GET TO THE NUMBER.
AGENDA ITEM 20Z-020 AND I'LL READ THEM INTO THE RECORD.
THE COMMENT IS I'M IN SUPPORT OF PLANNING'S INITIAL DESIGNATION TO ALLOW PRIVATE LAUNDRY FACILITY [INAUDIBLE] WHITES TO OPERATE.
THE SECOND ONE IS FROM CLAY CONRAD.
THE COMMENT IS I SUPPORT THE INITIAL DECISION PLANNING MADE TO ALLOW THE LIMITED USE OF A PRIVATE LAUNDRY FACILITY.
CATHERINE. IF I MAY, WE DID RECEIVE ANOTHER ONE FROM MILDRED BRYANT.
AND THE COMMENT IS I AM OPPOSED TO THE REQUEST OF APPEAL OF STAFF DETERMINATION REGARDING A LAND USE CLASSIFICATION.
THANK YOU, ANDREW. OK, WELL, THANK Y'ALL.
AND MOVING ON TO NEW BUSINESS, FIRST CASE, PLEASE.
ALL RIGHTY. IT LOOKS TO BE ME, 20Z-017 I BELIEVE.
THIS IS A REQUEST FOR A VARIANCE FROM OUR LAND DEVELOPMENT REGULATIONS FOR ENCROACHMENT ON FRONT SETBACK.
THERE WERE 16 PUBLIC NOTICES SENT, ONE RETURNED, THAT ONE IN FAVOR.
SO TO GIVE A LITTLE BACKGROUND INFORMATION.
BUILDING PERMIT FOR NEW CONSTRUCTION AT 2302 WIMCREST WAS ISSUED ON FEBRUARY 2020, HOWEVER, AN AS BUILT SURVEY SUBMITTED IN JULY 2020 AS PART OF THE CERTIFICATE OF OCCUPANCY PROCESS SHOW THAT THE HOUSE WAS BUILT APPROXIMATELY ZERO POINT THREE FEET INTO THE FRONT YARD SETBACK.
A STAIRCASE WAS ALSO BUILT APPROXIMATELY EIGHTEEN POINT SEVEN FEET IN THE FRONT SETBACK.
SINCE THEN, THE FRONT STAIRCASE HAS BEEN REMOVED AND RELOCATED OUT OF THE FRONT SETBACK.
HOWEVER, THE ZERO POINT THREE ENCROACHMENT OF THE MAIN STRUCTURE REMAINS.
PREVIOUSLY, THE PREVIOUS REQUEST FOR THE STAIRCASE AND THE ENCROACHMENT OF THE MAIN HOUSE WAS DENIED BY THE ZONING BOARD OF ADJUSTMENT.
SO THE APPLICANT IS NOW REMEDIED THE STAIRCASE ISSUE AND ALL THAT REMAINS IS A ZERO POINT THREE FOOT OF ENCROACHMENT OF THE MAIN STRUCTURE.
SO THE APPLICANT IS REQUESTING A VARIANCE FROM AN ARTICLE THREE ADDENDUM IN ORDER TO RETAIN THE FRONT PORTION OF THE HOUSE ENCROACHES ZERO POINT THREE FEET INTO THE FRONT YARD SETBACK.
THIS LOT IS OTHERWISE 50 FOOT WIDE AND ONE HUNDRED THIRTY FIVE FOOT DEEP, ACCORDING TO THE SURVEY SUBMITTED. PLEASE NOTE THE SETBACK REQUIREMENTS AND THE REQUESTED VARIANCE IN THE STAFF REPORT. ONE LITTLE MINOR OR ONE TYPO TO NOTE IS A PROPOSED VARIANCE IS ACTUALLY FOR ZERO POINT THREE FEET.
NOT THE NINETEEN POINT SEVEN FOOT OF THE HOUSE WOULD BE NINETEEN POINT SEVEN FOOT FROM THE FRONT PROPERTY LINE ALONG WIMCREST IF THIS VARIANCE WAS GRANTED.
PLEASE NOTE THE VARIANCES FROM THE DEVELOPMENT STANDARDS IN YOUR STAFF REPORT, AND THESE APPLICANTS JUSTIFICATION HAS ALSO BEEN PROVIDED.
AND OF COURSE, IN THIS CASE, STAFF WILL NOT BE MAKING A RECOMMENDATION.
SO I BELIEVE WE DO HAVE SOME PHOTOS.
ALL RIGHT, SO THIS IS A SUBJECT PROPERTY AND THIS IS A PHOTO TAKEN JUST A COUPLE OF DAYS
[00:05:03]
AGO.YOU CAN SEE THAT THE FRONT STAIR THAT WAS PREVIOUSLY GOING ALL THE WAY DOWN ALMOST TO THE SIDEWALK HAS BEEN REMOVED AND KIND OF REWORKED UNDERNEATH THE HOUSE FROM THE SIDE.
ALSO, WE HAVE JUST A VICINITY MAP SHOWING ABOUT WHERE THE HOUSE IS ON THE ON THE STREET.
NEXT SLIDE, PLEASE. HERE WE HAVE AN AS BUILT SURVEY SUBMITTED AFTER THE REMEDIATION WAS MADE, AND YOU CAN SEE THAT THE A NINETEEN POINT SEVEN FOOT DIMENSION IS HIGHLIGHTED THERE. SO THAT LEAVES THE HOUSE ONCE AGAIN JUST ZERO POINT THREE FOOT PASS THE FRONT SETBACK. AND THERE WE HAVE A PHOTO OF THE SUBJECT PROPERTY BEFORE THE STAIRCASE WAS REMOVED, JUST FOR REFERENCE.
NEXT SLIDE, PLEASE. HERE'S THE SUBJECT PROPERTY AGAIN, ONCE AGAIN SHOWING THE STREET VIEW AND THE STAIRCASE BEING MOVED AND RELOCATED.
WE ALSO HAVE THE PROPERTY TO THE SOUTH, TO THE WEST AND TO THE NORTH AND THIS CONCLUDES STAFF'S REPORT. DOES ANYBODY HAVE A QUESTION FOR STAFF? OK, I'M OPENING THE FLOOR TO PUBLIC AND IS APPLICANT HERE.
THEY'D LIKE TO ANNOUNCE THEMSELVES.
THE APPLICANT IS ON THE LINE, YOU CAN PRESS STAR SIX TO UNMUTE MR. WINKELMANN. PLEASE STATE YOUR NAME AND FOR OUR RECORD. OK, CAN Y'ALL HEAR ME NOW? YES, WE CAN. OK, JUST MAKING SURE.
HI. MY NAME IS JOSH WINKELMANN I'M THE PROJECT MANAGER FOR ALLCO CONSTRUCTION, THE GENERAL CONTRACTOR WHO DID THIS PROJECT.
RIGHT. I SEE THAT YOU'VE GOT THE THE STAIR TAKEN CARE OF AND WE'RE ZERO POINT THREE FEET THERE, IS THIS JUST A.
IS THERE ANYBODY ELSE GOT QUESTIONS FOR THIS GENTLEMAN, THE BUILDER? NO. OK, WELL, SIR, I APPRECIATE YOU COMING.
I'D LIKE TO RETURN IT TO THE, TO THE BOARD.
AT THIS POINT IF YOU'RE FINISHED.
IS THERE ANYBODY ELSE IN THE PUBLIC THAT WOULD LIKE TO TALK ON THIS CASE, SPEAK ON THIS CASE? NO ADDITIONAL PUBLIC COMMENT WAS RECEIVED.
OK, THANK YOU. OK, I'D LIKE TO RETURN TO THE BOARD NOW FOR A MOTION AND DISCUSSION.
HOW COULD SOMETHING LIKE THIS HAPPEN? HOW CAN SOMETHING LIKE THIS HAPPEN? YOU KNOW, I'M THINKING, [INAUDIBLE] I'VE HAD TWO OR THREE DIFFERENT SURVEYS DONE ON DIFFERENT PROPERTIES AND I'VE ALWAYS COME UP ONE INCH HERE, ONE INCH THERE, YOU KNOW, DIFFERENT. THIS NEVER SHOULD HAVE HAPPENED FROM THE GET GO, BUT EVERYTHING WAS APPROVED GOING IN. THE STAIRS BUT, OF COURSE, TOTALLY WRONG.
BUT, YOU KNOW, IT SHOULDN'T HAPPEN AT THIS POINT.
I THINK THIS WOMAN HAS BEEN GOING AT THIS FOR CLOSE TO A YEAR.
BUT I DID NOTICE, THOUGH, FROM ONE SURVEY TO THE NEXT SURVEY, I'VE BEEN ONE OR TWO INCHES OFF AND HADN'T BECAUSE I WAS WELL WITHIN THE BOUNDS OF WHAT I WAS BUILDING OR WHAT I WAS DOING. IT DIDN'T MATTER. BUT IN THIS CASE, IT'S RIGHT ON THE LINE.
YES, BILL? I MOVE. WE APPROVE THE REQUEST FOR A VARIANCE BASED ON THE FACT THAT THE UNIQUENESS OF THE PROPERTY AND IT'S JUST MOVE THAT WE APPROVE THE VARIANCE.
THANK YOU DO WE HAVE A SECOND? I SECOND. OK.
FOR THE RECORD, FOR ME, I UNDERSTAND UNIQUENESS OF THE PROPERTY, BUT IF WE CAN HAVE JUST A LITTLE BIT MORE SPECIFICITY.
THE UNIQUENESS OF THE PROPERTY ON WIMCREST? FROM WHAT I UNDERSTAND, THE VARIANCE REQUESTED IS MINIMAL, AND I UNDERSTAND THAT THIS WAS A PROPERTY THAT WAS BUILT REGARDING A PROGRAM, AM I CORRECT [INAUDIBLE]? I'M JUST KIDDING DONNA.
I GOT IT. OK. I'M GOING TO MAKE A MOTION THAT WE APPROVE THE VARIANCE BASED ON THE FACT
[00:10:05]
THAT THIS IS A REHABILITATION PROJECT CONDUCTED BY THIRD PARTY.THE OWNER APPLICANT HAD NO CONTROL OVER WHAT THEY DID.
AND IT FREQUENTLY IS A CASE WHERE IN SETTING PILINGS, THERE CAN BE A SMALL.
A SMALL DISCREPANCY IN THE MEASUREMENTS, AND THAT SHOULDN'T FORCE THE APPLICANT TO SUFFER ANY FURTHER IN TERMS OF OCCUPANCY OF THEIR HOME.
I'LL SECOND THAT AMENDED MOTION.
ANY MORE DISCUSSION ON THIS? OK, WELL SEEING NONE THEN I LIKE FOR A ROLL CALL VOTE ON THE MOTION, PLEASE.
ALL IN FAVOR, THE MOTION PASSES.
OK. NEXT, WE HAVE FOR OUR SECOND CASE, PLEASE.
OH, I'M SORRY. I THINK THERE'S A TYPO ON YOUR STAFF REPORT.
IT'S 20Z-018 IS AT 3916 WINNIE.
IS A REQUEST IS FOR A SPECIAL EXCEPTION FOR FROM DIVISION ELEVEN POINT FOUR ZERO ZERO OF THE LAND DEVELOPMENT REGULATIONS.
PUBLIC NOTICE WERE TWENTY I'M SORRY.
SIXTY EIGHT SENT, FOUR RETURNED TWO IN FAVOR AND TWO NO COMMENT.
NO OBJECTIONS WERE RECEIVED FROM THE CITY DEPARTMENTS OR PRIVATE UTILITIES.
SUMMARY. THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION TO MAKE THE CURRENT LAND USE OF MULTIFAMILY RESIDENTIAL CONFORMING AT THIS LOCATION.
THE USE HAS BEEN IN EXISTENCE FOR FORTY NINE YEARS, OPERATING AS A MULTIFAMILY DEVELOPMENT.
DURING THE 2015 ZONING MAP AMENDMENTS, THE PROPERTY WAS ZONED URBAN NEIGHBORHOOD, WHICH IS INTENDED TO ACCOMMODATE THE RANGE AND PATTERN OF RESIDENTIAL USES FOUND IN THE CITY'S OLDEST ESTABLISHED URBAN CORE NEIGHBORHOOD.
TOGETHER WITH LIMITED NONRESIDENTIAL USES SUCH AS CORNER STORES.
IN THE U.N. ZONING DISTRICT, MULTIFAMILY RESIDENTIAL PROPERTIES MAY NOT EXCEED EIGHT UNITS. THE COMPLEX HAS ONE HUNDRED AND NINETY TWO UNITS, THEREFORE CONSIDERED LEGALLY NONCONFORMING OR GRANDFATHERED.
PRIOR TO 2015 THE PROPERTY WAS ZONED LIGHT INDUSTRY, WHICH ALLOWED FOR MULTIPLE FAMILY DWELLINGS WITH NO RESTRICTION ON THE NUMBER OF UNITS.
THE APPLICANTS ARE REPRESENTING PROSPECTIVE NEW OWNERS.
THOSE OWNERS ARE PLANNING A RENOVATION OF THE COMPLEX.
ACCORDING TO THE LAND DEVELOPMENT REGULATIONS, NONCONFORMING STRUCTURES MAY NOT BE SUBSTANTIALLY IMPROVED, WHICH IS DEFINED AS FIFTY PERCENT OF THE COST OF THE STRUCTURE, AND THE PLANNED RENOVATION WILL EXCEED THAT THRESHOLD.
SO PROCEDURE FOR CONVERSION OF NONCONFORMING USES.
AN OWNER OF A NON CONFORMING USE MAY APPLY FOR A SPECIAL EXCEPTION FROM THE ZONING BOARD OF ADJUSTMENT, WHICH HAS THE EFFECT OF MAKING THE NONCONFORMING USE CONFORMING IN ACCORDANCE WITH DIVISION ELEVEN POINT FOUR ZERO ZERO OF THE LAND DEVELOPMENT REGULATIONS . THE CRITERIA FOR APPROVAL AND THE APPLICANT'S JUSTIFICATION ARE LISTED IN YOUR STAFF REPORT. CONDITIONS MAY BE IMPOSED RELATIVE TO THE EXPANSION OF BUFFERING, LANDSCAPING OR OTHER SITE DESIGN PROVISIONS OR OTHER LIMITATIONS NECESSARY TO ENSURE THAT AS A CONFORMING USE, THE USE WILL NOT BECOME A NUISANCE.
SUCH CONDITIONS MAY RELATE TO THE BUILDING LOT AND STRUCTURES OR OPERATION OF THE USE.
SHOULD THE ZONING BOARD OF ADJUSTMENT CHOOSE TO ADMINISTER SECTION ELEVEN POINT FOUR ZERO FOUR OF THE LAND DEVELOPMENT REGULATIONS, THE FOLLOWING ARE CONDITIONS FOR THE SPECIAL EXCEPTION. ONE.
THE SITE SHALL CONTINUE TO OPERATE ONLY AS A MULTIFAMILY RESIDENTIAL LAND USE.
TWO ANY NEW SIGNS MUST BE IN CONFORMANCE WITH ARTICLE FIVE OF THE LAND DEVELOPMENT REGULATIONS FOR A MULTIFAMILY ZONING DISTRICT.
THREE. ANY LIGHTING SHALL CONFORM TO ARTICLE SEVEN, SECTION SEVEN POINT ONE ZERO TWO NONRESIDENTIAL LIGHTING STANDARDS OF THE LAND DEVELOPMENT REGULATIONS.
AND FOUR ANY NEW LANDSCAPING OR PARKING AND LOADING AREA SHALL ADHERE TO ARTICLE EIGHT AND NINE OF THE LAND DEVELOPMENT REGULATIONS.
[00:15:01]
IT'S A LARGE APARTMENT COMPLEX THAT TAKES PLACE OVER ABOUT THREE CITY BLOCKS, COMMONLY KNOWN AS SANDPIPER COVE.HERE ARE SOME REPRESENTATIVE PICTURES OF THE COMPLEX.
AND THEN THIS IS THE PROVINCE IN THE NORTH, TO THE WEST.
SEVERAL PICTURES OF PROPERTIES TO THE SOUTH AND PROPERTY TO THE EAST, AND THAT CONCLUDES STAFF'S REPORT. OK, THANK YOU.
DOES ANYBODY HAVE QUESTIONS FOR STAFF AT THIS POINT? OK, WELL I THANK Y'ALL.
WE CAN GO AHEAD AND OPEN THIS FOR, IS THE APPLICANT HERE? YES, WE'RE HERE. PLEASE STATE YOUR NAME FOR THE RECORD, PLEASE.
HI, THIS IS BLAIR KORNDORFFER, I'M THE ARCHITECT FOR THE PROJECT.
MIRANDA SPRAY WITH [INAUDIBLE] DEVELOPMENT IS ALSO ON THE CALL WHO IS THE DEVELOPER THAT IS SEEKING THE OWNERSHIP OF THE DEVELOPMENT TO REHAB IT AND I'M HERE FOR ANY QUESTIONS THAT I MAY BE ABLE TO ANSWER.
THERE WAS THERE WAS ONE ITEM THAT I THINK WE NEED TO MENTION, WHICH IS THAT THE PROJECT HAS RECENTLY BEEN ACCEPTED BY THE PARKS DEPARTMENT AS THE HISTORIC NATIONAL LANDMARK, HISTORIC LANDMARK.
SO RENOVATION OF THE PROJECT IS LIMITED TO THE EXTENT THAT IT NEEDS TO RETAIN ITS CURRENT SHAPE. YOU KNOW, THAT THE PROJECT NEEDS TO LOOK AS IT DOES NOW WHEN IT'S FINISHED BECAUSE THE HISTORIC REGISTRY.
AND SO, YOU KNOW, MOST OF THE RENOVATION WORK IS DONE BY IMPROVING THE INTERIOR OF THE UNITS, WHICH ARE IN GREAT DESPAIR, WELL BELOW MARKET STANDARDS AT THIS POINT TO BRING THEM UP TO SOMETHING THAT CREATES A GOOD FAMILY ORIENTED DEVELOPMENT AND THEN ALSO TO TO DO OTHER THINGS TO THE SITE LIKE ON SITE, MORE ON SITE PARKING, BETTER SECURITY AND STUFF LIKE THAT TO AGAIN PROMOTE THAT FAMILY ENVIRONMENT THAT THE DEVELOPERS WANT TO WANT TO DO. OK, THANK YOU, SIR.
DOES ANYBODY HAVE QUESTIONS FOR THE APPLICANT HERE AND THE CONTRACTOR? I HAVE ONE. ALICE WATFORD.
HOW LONG DO YOU ANTICIPATE THE RENOVATIONS TO TAKE? TWO YEARS. TWO YEARS.
THANK YOU. THE REASON IS BECAUSE IT'S GOING TO BE PHASED, BECAUSE THEY'RE GOING TO LEAVE RESIDENTS, THEY'RE DOING UP THEY'RE DOING THE KIND OF DEVELOPMENT WHERE YOU CAN'T KICK EVERYBODY OUT, YOU KNOW, SO THEY HAVE TO [INAUDIBLE] AND THEY GO BY BUILDING.
SO IT TAKES A WHILE. THAT IS CORRECT.
WE PLAN ON DOING FOUR PHASES OF REHABILITATION THERE.
SO IT'LL BE A ROLLING REHAB WHERE WE TEMPORARILY RELOCATE A QUARTER OF THE RESIDENTS AND THEN SO ON AND SO FORTH.
ALL RIGHT. I SURE APPRECIATE Y'ALL COMING IN.
I'D LIKE TO RETURN TO THE COMMISSION HERE FOR A MOTION AND A DISCUSSION ON THIS.
ANYBODY? WELL, I'LL MAKE A MOTION THAT WE ACCEPT THIS AS THEY PROPOSED, FOR THE SIMPLE FACT IT'S BEEN THERE FOR 40 SOMETHING YEARS.
I'VE BEEN BY THE PROPERTY QUITE A FEW TIMES.
I'M GLAD IT'S BEING REHABBED, IT SURE NEEDS IT.
AND THE SIMPLE FACT IS WE'RE PUTTING THIS BACK AND I'M KIND OF GLAD THEY'RE LEAVING IT AS IT IS AS FAR AS THE OUTSIDE VISUAL.
BUT I MAKE A MOTION THAT WE ACCEPT THE CHANGES ON THE DEVELOPMENT, ON THE USAGE OF THE PROPERTY. I WILL SECOND THAT, ALICE WATFORD.
THANK YOU. IS THERE ANY DISCUSSION ON THIS?
[00:20:05]
I'M ALSO GLAD TO SEE IT HAPPENING.I THINK WE ALL ARE THERE, THAT EYE SORE.
AND WE HAVE A ROLL CALL VOTE ON THIS.
OK, THANK Y'ALL FOR COMING IN.
OK, WE HAVE A THIRD CASE, PLEASE.
THIS IS AN APPEAL OF STAFF'S DETERMINATION, OF LAND USE DETERMINATION.
THERE WERE FORTY TWO PUBLIC NOTICE SENT.
FIVE OF THOSE RETURNED, THREE IN FAVOR, ONE OPPOSED AND ONE WITH COMMENT, BUT NO INDICATION OF IN FAVOR OF OR OPPOSED.
ON SEPTEMBER 15, 2020, REQUEST FOR A CERTIFICATE OF OCCUPANCY WAS SUBMITTED TO THE DEVELOPMENT SERVICES DEPARTMENT FOR A TIDY WHITE LAUNDRY FACILITY.
DURING THE REVIEW OF THE CO REQUEST, THE PLANNING DIVISION MADE A DETERMINATION THAT THE PROPOSED BUSINESS, BASED ON ITS OPERATIONAL PLAN, MET THE CRITERIA TO OPERATE AS A RETAIL COMMERCIAL LAND USE.
UPON REVIEW OF THE REQUEST BY ALL CITY DEPARTMENTS INVOLVED IN THE REVIEW PROCESS.
THE CO WAS ISSUED ON SEPTEMBER 30TH, 2020.
IN THIS CASE, THE APPLICANT IS REQUESTING AN APPEAL OF STAFF'S DETERMINATION REGARDING A LAND USE CLASSIFICATION.
STAFF DETERMINED THAT THE USE AS SUBMITTED QUALIFIES AS RETAIL COMMERCIAL.
RETAIL COMMERCIAL IS PERMITTED BY RIGHTS IN AN URBAN NEIGHBORHOOD ZONING DISTRICT.
PLEASE KNOW THE DEFINITION OF RETAIL COMMERCIAL IN YOUR PAGE TWO OF YOUR STAFF REPORT.
TINY WHITE PROVIDES LAUNDERING SERVICES TO THE LA CASA PROPERTY MANAGEMENT AND OTHER REAL ESTATE COMPANIES IN THE GALVESTON AREA AND OTHER LOCAL BUSINESSES AS WELL, BASED ON ITS UNIQUE OPERATION, WHICH DOES NOT DOES NOT RECEIVE CUSTOMERS ON SITE TO COMPLETE THEIR OWN LAUNDERING AND DOES NOT OFFER A PICKUP STATION ON IT FOR CUSTOMERS, THAT USE DOES NOT QUALIFY AS A CLEANING LAUNDRY PICKUP STATION OR CLEANING LAUNDROMAT FACILITY AS DEFINED IN THE LDR. AND YOU CAN SEE THOSE DEFINITIONS ON PAGE TWO OF YOUR REPORT.
THE APPLICANT'S POSITION IS THAT THAT USE SHOULD HAVE BEEN CLASSIFIED AS AN INDUSTRIAL LAND USE. THE APPLICANT SUBMITTAL.
EXHIBIT A, THE APPLICANT STATES THAT THE SUBJECT BUSINESS SHOULD FALL INTO THE CATEGORY OF LIGHT INDUSTRY.
PLEASE NOTE THE DEFINITION OF LIGHT INDUSTRY ON PAGE THREE OF YOUR REPORT AND WHILE THE DEFINITION OF LIGHT INDUSTRY DOES INCLUDE COMMERCIAL CLEANING, BUYING OR LAUNDRY PLANTS.
STAFF'S DETERMINATION IS THAT THE SCALE OF THE BUSINESS IS NOT LARGE ENOUGH TO QUALIFY AS A PLANT. STAFF CONTINUES TO FIND THAT THE BEST CLASSIFICATION OF THE BUSINESS IS RETAIL COMMERCIAL. AND NOW WE HAVE SOME PHOTOS.
THIS IS THE ZONING MAP OF THE SUBJECT SITE.
NEXT SLIDE, PLEASE. THIS IS THE SUBJECT PROPERTY.
LEFT HAND SIDE OF YOUR SCREEN IS THE MAIN ENTRANCE AND THE RIGHT SIDE OF YOUR SCREEN IS THE ACTUAL ENTRANCE TO THE LAUNDRY FACILITY.
NEXT SLIDE, PLEASE. THIS IS A SURROUNDING NEIGHBORING PROPERTIES NOTEE TO THE NORTH, SOUTH, EAST AND WEST, AND I BELIEVE THAT CONCLUDES STAFF'S REPORT.
MR. GALLETTI, YOU ARE ON MUTE.
I'M SORRY, DOES ANYBODY HAVE QUESTIONS FOR STAFF? OK, SEEING NONE, I'M GOING TO IF THE APPLICANT HERE WOULD LIKE TO SPEAK ON THIS, PLEASE.
THE APPLICANT IS ON THE LINE, YOU JUST NEED TO PRESS STAR SIX MS. MAGRUDER.
HELLO? YEAH, MY NAME IS DEBORAH MAGRUDER AND I'M THE APPLICANT.
OK, I DISAGREE WITH STAFF'S ASSESSMENT.
THIS PROPERTY ABUTS MY PROPERTY.
THEY HAVE SEVEN INDUSTRIAL DRYERS THAT VENT INTO THE ALLEY BEHIND US IN THE HEAT IN THE SUMMER IS UNBEARABLE.
I ALSO HEAR THE HUM OF THE DRYERS FROM MY PROPERTY AND TWO DOORS DOWN OF ONE OF THE
[00:25:04]
COMMENTERS IS A, HAS AN AIRBNB AND HE WAS GREATLY DISTRESSED BECAUSE YOU DON'T HEAR THE WAVES. IT DEPENDS ON THE WIND OF THE DAY.BUT THEY HAVE AN INDUSTRIAL TRUCK THAT PICKS UP AND DELIVERS THIS LAUNDRY.
SO IT SAYS THE ISLAND'S LARGEST CAPACITY WASHERS AND DRYERS ARE AT THIS FACILITY.
NOW, HOW THAT QUALIFIES FOR RETAIL COMMERCIAL IS BEYOND ME AND I'M GREATLY UPSET THAT STAFF STILL MAINTAINS THIS IS THE RIGHT QUALIFICATION FOR THIS FACILITY.
THEY ACTUALLY GOT A PERMIT UNDER A FALSE PRETENSE THAT IT WAS COIN OPERATED.
THEY INSTALLED LIGHT INDUSTRY AND THEN THEY GOT IT APPROVED.
WHEN THE PERMIT GUY CAME BY, THOUGHT THEY'D BEEN THERE TEN YEARS WAS UNDER THAT ASSUMPTION THAT IT WAS LIGHT INDUSTRY.
THE WHOLE THING'S A SHAM, IN MY OPINION, AND IT SHOULD HAVE NEVER BEEN INSTALLED IN THIS BUILDING IN THE FIRST PLACE.
OH, ANYWAY, I TOTALLY DISAGREE WITH STAFF FINAL ASSESSMENT IF THEY'RE STICKING TO THEIR GUNS ON THIS AND I'M GREATLY UPSET.
YOU KNOW, IT TELLS ME THAT THE URBAN NEIGHBORHOOD DESIGNATION IS A SHAM.
Y'ALL ARE ALL PICKY ABOUT A FOOT VARIANCE ON STAIRS AND YOU LET AN INDUSTRY MOVE IN NEXT DOOR TO MY HOUSE. THEY USED TO HAVE A VENT VENTING RIGHT INTO MY PROPERTY.
THEY DID MOVE THAT ONE BECAUSE I WAS SCREAMING AT THEM.
YOU KNOW THAT THAT'S RIDICULOUS.
AND CLAY CONRAD. HE'S PROBABLY THE ONE WHO SIGNED THE ORIGINAL APPLICATION UNDER FALSE PRETENSE BECAUSE HE'S MAKING THE RENTAL INCOME.
THE OWNER BRAGGED TO MY SON THAT THEY LAUNDERED TWO POUNDS OF LAUNDRY A DAY AND HE MAKES SIXTY THOUSAND DOLLARS A MONTH.
[INAUDIBLE] I DON'T I DON'T CONSIDER THAT SMALL SCALE.
BUT WOULD ANY ONE OF YOU, WANT IT ON YOUR ZERO LOT LINE PROPERTY AT THE BACK? I ASK YOU THAT QUESTION.
ANYWAY. I'VE SAID MY PIECE NOW.
ALL RIGHT. WELL, THANK YOU, MA'AM.
DOES ANY, DOES ANYBODY HAVE A QUESTION FOR THE APPLICANT HERE? ALL RIGHT, THANK YOU, MA'AM, FOR COMING IN.
I'D LIKE TO RETURN IT TO THE BOARD FOR A MOTION AND DISCUSSION ON THIS PLEASE. BEFORE WE DO THE MOTION.
SEVERAL OF THE COMMENTS, SEVERAL OF THE RETURN HAD COMMENTS.
I'D LIKE TO HEAR WHAT THE SPECIFIC COMMENTS WERE.
SURE ALLOW ME ONE QUICK SECOND TO ACCESS THOSE COMMENTS.
AND WHILE YOU'RE DOING THAT, I WILL GENERALLY ASK FOR THAT ON ANY CASE WHERE THERE'S SOMETHING RETURNED WITH COMMENT ON IT.
FIRST COMMENT AND THE ONLY COMMENT I'D SAY, AND IN OPPOSITION STATES, IT'S FROM 1201 AVENUE M AND IT STATES, THIS IS A COMMERCIAL LAUNDRY.
I CAN'T REALLY UNDERSTAND THE REST, BUT THIS IS A COMMERCIAL LAUNDRY.
I CAN HEAR THE I CAN HEAR FROM MY HOUSE OCCASIONALLY.
I DO NOT AGREE WITH BEING IN THE NEIGHBORHOOD.
THAT'S THE FIRST COMMENT AND THE ONLY COMMENT IN OPPOSITION.
THE NEXT COMMENT IN FAVOR FROM [INAUDIBLE].
IT'S JUST, IT'S JUST, CHECKED IN FAVOR OF THE, OF THE REQUEST AND THE NEXT COMMENT.
THIS IS ACTUALLY THE ONE THAT THEY DID NOT INDICATE THEY DID NOT TAKE A POSITION.
THEY JUST SAID THAT I DO NOT, I DON'T KNOW WHAT THEY WANT TO DO.
NEXT COMMENT IN FAVOR FROM 1217 AVENUE L.
THE LAUNDRY SHOULD NOT OPERATE AFTER SIX P.M.
[00:30:01]
IT OPERATES ALL NIGHT.WE CAN NO LONGER HEAR THE OCEAN.
THEN THE NEXT COMMENT, THIS PARCEL HAS NO ADDRESS.
SO, IT'S A PARCEL WITHIN THE NOTIFICATION AREA, THOUGH, HOWEVER AND IT STATES, ZONE, IT'S IN FAVOR AND IT STATES ZONE FOR THE USE.
THAT'S ALL THE COMMENTS STAFF RECEIVED.
WELL, FORCE MYSELF, IS THERE A GENERALLY A TIME THAT YOU WOULD LIKE TO KIND OF SOME OF THESE BUSINESSES THAT ARE IN THESE RESIDENTIAL AREAS, GENERAL RESIDENTIAL AREAS, THAT WE ASKED THEM TO CLOSE IT DOWN OR QUIETED DOWN A LITTLE BIT? I MEAN IS? WELL, TYPICALLY AND FOR THE RECORD, U.N., IT'S A MIXED USE SORT OF DISTRICT.
IT'S NOT A STRICTLY RESIDENTIAL DISTRICT.
IT'S A MIXED, MIXED USE DISTRICT.
AND AS CATHERINE STATED EARLIER IN HER PREVIOUS CASE, IT'S A IT'S A MIXED USE DISTRICT THAT IT'S INTENDED TO ACCOMMODATE THE RANGE OF RATES AND PATTERN OF RESIDENTIAL USES FOUND IN THE CITY'S OLDEST ESTABLISHED URBAN CORE, TOGETHER WITH, YOU KNOW, NONRESIDENTIAL USES SUCH AS CORNER STORES AND THINGS LIKE THAT.
THIS IS A LOCATION THAT HAS BEEN IDENTIFIED TO CONDUCT, YOU KNOW, COMMERCIAL OPERATION.
HAS BEEN IDENTIFIED BY THE NEIGHBORHOOD.
SO PERTAINING TO THE OPERATION OF THE USE.
TO ANSWER YOUR QUESTION MORE PRECISELY.
IF THEY USE AS A LIMITED USE, OFTENTIMES THERE IS SOME OPERATION OR CRITERIA THAT MUST BE MET. IN THIS CASE, THE USE OF COMMERCIAL RETAIL IN THE URBAN NEIGHBORHOOD IT'S OUT RIGHT PERMITTED, PROVIDED IT HAS BEEN IDENTIFIED AS A COMMERCIAL ESTABLISHMENT OR COMMERCIAL PROPERTY, AND IN THIS CASE, IT HAS BEEN.
I GUESS THE ONLY OTHER THING I'LL HAVE TO AGREE WITH MR. CLEMENT THERE, IF YOU COULD KIND OF INCLUDE THESE IN OUR IN OUR PACKAGE SO WE CAN LOOK THESE OVER A LITTLE BIT.
WE ALSO HAVE THEM IN FRONT OF US IN BLACK AND WHITE.
DOES ANYBODY ELSE HAVE QUESTIONS FOR STAFF HERE? OK, SEEING NONE, AND I'D LIKE TO RETURN IT TO THE BOARD FOR OUR MOTION AND GO FROM THERE, PLEASE. AND IF I CAN REMIND THE BOARD, THIS IS DONNA FAIRWEATHER, THE OPTIONS THE BOARD HAS ARE TO EITHER REVERSE, AFFIRM OR MODIFY FULLY OR IN PARTLY THE DECISION OF THE PLANNING DEPARTMENT.
THE PROCEDURE IS STATED IN THE STAFF REPORT AND THOSE ARE THE OPTIONS.
OK, I'LL MAKE THE MOTION THAT WE AFFIRM WHAT THE WORK THE STAFF HAS DONE ON THIS AND WHAT THIS LAND IS USED FOR.
IT'S TRUE. EVERYTHING WE DO IS NOT GOING TO AGREE WITH EVERYBODY.
BUT WHAT THIS BEEN USED FOR APPEARS TO BE, YOU KNOW, THOUGHT OUT AND BROUGHT UP BEFORE US MORE THAN ONCE, NOT BEFORE US, BUT, YOU KNOW, BEFORE THEM.
SO I WANT TO AFFIRM THE DECISION THEY'VE MADE.
THIS IS ROBERT GIRNDT, I'LL SECOND THAT.
THANK YOU. ANY MORE DISCUSSION ON THIS, ON THIS? YES, MR. CLEMENT. WELL, I FIND MYSELF IN A RARE POSITION OF DISAGREEING WITH STAFF, IN THIS CASE.
THE CLEANING LAUNDRY PICKUP STATION IMPLIES RESIDENTIAL CUSTOMERS COMING IN AND OUT OF THE PLANT RETAIL.
RETAIL IS THE WORD I WAS LOOKING FOR, RETAIL CUSTOMERS COMING OUT OF THE PLANT.
THAT'S DEFINITELY NOT OCCURRING BY THEIR OWN ADMISSION. THEY SAY THAT IT'S NOT A COMMERCIAL PICK UP OR I MEAN, THAT IT IS COMMERCIAL AND NOT RETAIL
[00:35:04]
DROP OFF AND PICKUP.AND IN FACT, THEY PROVIDE A COMMERCIALLY MARKED PICKUP AND DELIVERY TRUCK, WHICH WOULDN'T IN AND OF ITSELF DISQUALIFY, BUT CERTAINLY INDICATES A LARGER COMMERCIAL OPERATION.
THE CLEANING THE LAUNDRY MATERIAL FACILITY, WHILE IT MAY NOT BE OF ANY GREAT LARGE SCALE, IS CERTAINLY THERE.
BUT IT'S NOT WHAT IS COMMONLY KNOWN AS A LAUNDROMAT OR A WASHETERIA.
AND THOSE ARE THE ONES REFERRED TO.
WHEN YOU GO DOWN TO THE DEFINITION OF LIGHT INDUSTRY.
AND I'VE LOST IT NOW BECAUSE I WAS LOOKING AT SOMETHING ELSE.
COMMERCIAL CLEANING, DYEING AND LAUNDRY PLANT, IT CERTAINLY SEEMS TO APPLY HERE, AND THAT'S ITEM NINE UNDER LIGHT INDUSTRY AND IT REALLY DOESN'T MAKE ANY REFERENCE TO SIZE.
IT REFERS TO A COMMERCIAL CLEANING, DYEING AND LAUNDRY PLANT.
AND BY THEIR OWN ADMISSION, THEIR SERVICE THEY PROVIDE IS COMMERCIALLY LAUNDERING FOR PROPERTY MANAGEMENT FIRMS AND OTHER BUSINESSES AROUND TOWN.
SO I UNDERSTAND THAT THE SCOPE MAY NOT BE LARGE.
THE SECOND PART OF THAT IS AS LIGHT INDUSTRY AND AS A COMMERCIAL PLANT.
WE WOULD EXPECT THEM TO BE ON A LONG TERM OPERATION BECAUSE TYPICALLY THEY WOULD BRING THAT STUFF IN LATE IN THE AFTERNOON, LAUNDER IT OVERNIGHT AND HAVE IT AVAILABLE FOR PICK UP FIRST THING IN THE MORNING OR DELIVERY BY THEIR TRUCK TO THE TO THE CUSTOMER.
WHEREAS A LAUNDROMAT OR WASHETERIA TYPICALLY WILL SHUT DOWN AT SOME POINT IN THE AFTERNOON OR EVENING. SO THERE'S NOT AN OVERNIGHT INFILTRATION OF NOISE FROM THE OPERATION.
SO FOR THAT REASON, I'M INCLINED TO REVERSE THE DECISION OF STAFF.
BUT IN THIS CASE, I DISAGREE THAT THIS IS PROPERLY CATEGORIZED.
YOU'RE SAYING AT THIS POINT, BILL, THIS IS A PROPER CATEGORIZED WHAT IT IS NOW.
IT APPEARS THEY'VE BEEN YOU KNOW, THEY'VE DOING THIS I'M YOU KNOW, WITH THE TRUCKS COMING AND GOING, YOU KNOW, LET'S SAY DOING IT FOR A VACATION RENTAL OR DOING FOR SMALL BUSINESS . SEEMED LIKE THAT WOULD BE A PLUS.
AND EVEN THOUGH IT MAY NOT BE, YOU KNOW, TOTALLY SEPARATE, YOU KNOW, LISTED UNDER THERE UNDER USE, IT SEEMED LIKE IT WOULD BE A PLUS FOR THE NEIGHBORHOOD THAT YOU DON'T HAVE THAT TRAFFIC, YOU'VE ONLY GOT THAT PICK UP AND DELIVERY SERVICE.
BUT IN FACT, THE PRESENTATION SUGGESTS AND MY KNOWLEDGE OF THOSE KIND OF OPERATIONS KIND OF CONFIRMS THE FACT THAT THESE ARE IF NOT TWENTY FOUR HOUR OPERATION, CERTAINLY OPERATIONS THAT RUN MORE COMMONLY AT NIGHT WHILE THEY TAKE CARE OF THE WHAT'S BEEN BROUGHT IN AND PREPARED FOR USE THE NEXT MORNING.
BUT MORE IMPORTANTLY, I JUST DON'T SEE ANYTHING THAT FALLS INTO THE TO THE CLEANING LAUNDRY PICKUP STATION BECAUSE IT'S NOT A PICKUP STATION BY THEIR OWN ADMISSION.
AND IT'S CERTAINLY NOT A IT'S CERTAINLY NOT A WASHETERIA OR LAUNDROMAT BECAUSE THOSE ARE PROVIDE A RETAIL SERVICE.
AND SO, IN MY OPINION, IT'S INCORRECTLY IT'S INCORRECTLY CATEGORIZED.
IT SHOULD BE CATEGORIZED AS LIGHT INDUSTRY ITEM NINE.
MS. FAIRWEATHER DO YOU HAVE ANYTHING TO ADD TO THAT? CURRENTLY THERE IS A MOTION THAT'S BEEN SECONDED AND THIS IS DISCUSSION.
IF YOU WOULD LIKE TO ASK STAFF A WORKING DEFINITION OF WHAT THEY CONSIDER A PLANT IF THIS IS THE APPLICANT, THAT THE ANSWER WOULD BE NO.
WATFORD. I DIDN'T RECOGNIZE YOUR VOICE FOR A SECOND. I ACTUALLY LOOKED IT UP.
SO I WILL LET YOU GO FORWARD WITH IT THEN, MS. WATFORD. YES PLEASE. I THAT WAS MY CONCERN.
YOU KNOW WHAT IS COMMERCIAL, WHAT IS A PLANT.
AND I LOOKED IT UP IN THE DICTIONARY AND A PLANT IS ACTUALLY A FACTORY, ACCORDING TO THE
[00:40:02]
DICTIONARY, A FACTORY OR OTHER PLACES WHERE GOODS ARE MANUFACTURED.MANUFACTURED RESOURCES SUCH AS, YOU KNOW, PRODUCING SOME SORT OF ENERGY, PRODUCING GOODS.
AND THIS INDUSTRY THIS NOT AN INDUSTRY THIS TIDY WHITE DOES NOT MANUFACTURE ANYTHING.
IT PROVIDES A SERVICE, BUT IT DOESN'T MANUFACTURE.
SO THAT'S WHAT THEY DON'T FABRICATE ANYTHING.
THEY JUST PROVIDE A SERVICE, THEY DON'T MANUFACTURE ANYTHING, WHICH IS WHAT A PLANT WOULD DO. THEY JUST PROVIDE A SERVICE AND THAT'S ALL I HAVE TO SAY.
SO ARE YOU FEELING AT THIS POINT THAT THEY SHOULD BE JUST RE-DEFINING THIS USAGE AREA, IF THAT'S WHAT THE DEEDS? HOW LONG HAS BEEN IN BUSINESS? IS THERE ANYBODY PICK THAT UP ON, PICK UP ON THAT? ANYBODY ELSE WOULD LIKE TO ADD TO THIS DISCUSSION? MR. THOMPSON OR MR. GIRNDT? WELL, AT THIS POINT, I'D LIKE TO IF NOBODY ELSE HAS GOT ANY MORE DISCUSSIONS, SO I'D LIKE TO RETURN IT BACK TO STAFF.
JUST GET A LITTLE BIT MORE FROM MS. FAIRWEATHER ON OUR OPTIONS HERE.
WHAT [INAUDIBLE] WHAT IS YOUR QUESTION, CHAIRMAN? WELL, I GUESS AT THIS POINT, I MEAN, HERE WE HAVE A PROPERTY THAT HAS BEEN IN BUSINESS FOR A LITTLE WHILE HERE, EVEN THOUGH I DON'T THINK, YOU KNOW, I DON'T AGREE WITH EVERYTHING MR. CLEMENT SAID, EVEN THOUGH HE'S GOT SOME REALLY VALID POINTS.
BUT THE FACT IS THAT WE'RE EITHER AFFIRMING OR REVERSING OR MODIFYING THIS.
AND CAN WE ACTUALLY I MEAN, WHAT KIND OF MODIFICATION WE DO AT THIS POINT WITHOUT MORE INFORMATION OF WHAT WE WOULD WHAT IT COULD BE CHANGED TO? AND THEY'RE NOT EVEN ASKING FOR THAT HERE.
WE GOT AN APPLICANT SAYING THAT THIS IS WRONGFULLY, YOU KNOW, LISTED.
AND I'M JUST TRYING TO GET A LITTLE CLEARER PICTURE ON WHERE WE SHOULD GO HERE, YOU KNOW, ON THIS ON THIS ON THE ON THIS MOTION.
I UNDERSTAND. AND WITH ALL DUE RESPECT, THIS IS THE ZBA.
AND SO THEREFORE, I CAN TRY AND ANSWER SOME OF THE LEGAL QUESTIONS REGARDING THE ISSUES. BUT I REALLY CAN'T GUIDE THE ZBA ON HOW THEY SHOULD DETERMINE THIS MATTER.
I WILL SAY THAT IF YOU HAVE FURTHER QUESTIONS OF STAFF AND HOW THEY CAME TO THEIR DETERMINATION OF IN REGARD TO NUMBER NINE, YOU CAN SEEK THOSE QUESTIONS FROM STAFF . A REVERSAL. IF THIS BOARD DETERMINES THAT A REVERSAL OF STAFF'S DECISION IS NECESSARY, THEN THE DETERMINATION THAT THIS IS NOT RETAIL COMMERCIAL WOULD BE ENTERED INTO THE RECORD. I WILL SAY THAT AS A QUASI JUDICIAL BOARD, THE BUCK STOPS HERE.
IT DOESN'T GO TO CITY COUNCIL, IT DOESN'T GO TO PLANNING COMMISSION OR ANYTHING LIKE THAT. THE NEXT STEP FOR ANY AGGRIEVED PARTY WOULD BE TO THE DISTRICT COURT.
AND THAT COULD BE THE CITY, IT COULD BE THE APPLICANT THAT WOULD BE THE NEXT COURSE, THE SAME THING WITH AN AFFIRMATION.
THIS IS WHERE THE LAST STEP BEFORE IT GOES ANY FURTHER ALONG THE LINE IN A COURT PROCESS.
OK, WELL, THANK YOU SO MUCH FOR THAT.
GUESS I'LL RETURN IT TO THE BOARD NOW, PLEASE.
IF I IF I MAY I HAVE ONE OTHER COMMENT.
I LOOKED UP THE DEFINITION OF A PLANT ALSO JUST NOW AS WE WERE TALKING.
AND WEBSTER DEFINES PLAN AS THE LAND, BUILDINGS, MACHINERY, APPARATUS AND FIXTURES EMPLOYED AND CARRYING ON A TRADE OR AN INDUSTRIAL BUSINESS.
AND CERTAINLY THIS COMMERCIAL LAUNDRY WOULD BE A TRADE OR INDUSTRIAL BUSINESS UNDER BOTH
[00:45:08]
THE DEFINITION OF EITHER OF THOSE, THE TRADE IS CLEANING, CLEANING DIRTY LAUNDRY AND THE BUSINESS AND THE INDUSTRIAL BUSINESSES PROVIDING A SERVICE TO OTHER COMMERCIAL COMPANIES.SO I'M, YOU KNOW, BACK TO MY ORIGINAL DEAL.
I UNDERSTAND ABOUT THE FACT THAT THEY'VE BEEN IN OPERATION FOR A LITTLE OVER THREE MONTHS NOW. AND I APPRECIATE THE FACT THAT IT DOESN'T SEEM THAT LARGE, BUT IT IS APPARENTLY DISRUPTIVE TO THE NEIGHBORHOOD IN TERMS OF THE TWENTY FOUR HOUR OPERATION.
AND I DON'T THINK THAT'S WHAT'S ENVISIONED IN THIS PARTICULAR LAND USE CLASSIFICATION.
AND COMMISSIONERS, I WILL SAY THAT THERE'S ALREADY A STANDING MOTION TO AFFIRM STAFF DECISION. IF THERE WELL THERE'S A STANDING MOTION TO AFFIRM, IF THERE WERE A MOTION TO REVERSE, THERE WOULD NEED TO BE AT LEAST A 73 PERCENT CONCURRENCE OF THE BOARD FOR THAT TO PASS. THANK YOU.
I GUESS THEN I HAVE, NOT A COMMENT HERE ON THIS, BUT MAYBE A QUESTION BACK TO STAFF, HOW THEY CAME UP WITH THIS DECISION THEY DID? TO MAYBE ANSWER SOME OF OUR QUESTIONS HERE.
SURE AND. AND AN ADRIEL, JUST TO MAKE SURE THE RECORD IS CLEAR.
ARE WE TABLING THIS MOTION, CHAIRMAN, SO THAT QUESTIONS OF STAFF CAN BE ANSWERED? CAN BE ASKED, I SHOULD SAY.
YES, MA'AM. IF I'M GO AHEAD AND TABLE THIS MOTION RIGHT NOW, IF IT'S OK WITH THE COMMISSIONERS HERE AND WE'LL GET WITH THE STAFF HERE SO WE CAN GET A LITTLE MORE INFORMATION HERE. THANK YOU.
THANK YOU SO SURE, I MEAN, THAT WE CAME TO THE DETERMINATION THAT IT'S A RETAIL COMMERCIAL, AS MR. CLEMENT JUST STATED, IT DOES NOT QUALIFY BASED ON THE DEFINITION ALONE, DOES NOT QUALIFY AS A CLEANING LAUNDRY PICKUP STATION, DOES NOT QUALIFY AS A CLEANING LAUNDROMAT FACILITY OR COMMONLY KNOWN REFERRED TO AS A WASHETERIA.
STAFF FEELS THAT JUST AS MS. WATFORD FOR JUST MENTIONED, YOU KNOW, A PLANT TO SOMETHING WHERE IT'S A PLACE WHERE THINGS ARE MANUFACTURED SIMILAR TO THE OPERATION OF, YOU KNOW, WHEN I BELIEVE IT'S CALLED [INAUDIBLE] FIRST OR U1 UNIFORMED SERVICES THAT PICKS UP UNIFORMS AND OTHER TYPES OF ITEMS FROM DIFFERENT COMPANIES, POLICE OFFICERS, MECHANICS, ET CETERA.
AND IT TAKES A BACK TO MORE OF AN INDUSTRIAL TYPE OF PLANT, LARGE SCALE, HIGH VOLUME OPERATION. IN THIS CASE, STAFF FEELS THAT THIS IS MORE OF A THEY ARE PROVIDING A SERVICE.
THEY ARE SELLING A SERVICE TO LOCAL BUSINESSES.
AND KEEP IN MIND THAT RETAIL COMMERCIAL DOESN'T NECESSARILY MEAN A PLACE WHERE YOU BUY SNACKS OR A PLACE WHERE YOU BUY SHOES, ET CETERA.
RETAIL COMMERCIAL IS ALSO SELLING A SERVICE.
THAT'S WHAT STAFF FEELS THAT THEY ARE DOING.
SO THAT'S YOU KNOW, THAT'S SORT OF HOW WE CAME TO THE CONCLUSION AND DETERMINATION THAT IT FITS THE CRITERIA TO OPERATE UNDER RETAIL COMMERCIAL.
AND I MAY, IF I MAY ADD THIS, THIS FACILITY ONLY OPERATES WITH FOUR WASHERS AND SIX DRYERS. OK, DOES ANYBODY HAVE A QUESTION FOR STAFF, THEREFORE RETURN IT TO THE BOARD? YES, SIR.
MR. CLEMENT. I'M SORRY, I WAS I WAS DOING SOMETHING ELSE.
THAT SHOULDN'T HAVE APPEARED ON VIDEO, I CAME OFF OF [INAUDIBLE] VIDEO.
. WE HAVE A MOTION AND A SECOND ON THERE.
WE'RE STILL OPEN FOR DISCUSSION.
AND IF THERE'S ANY MORE DISCUSSION, WE'LL HAVE IT.
IF NOT, WE'RE GOING TO GO AHEAD AND MAKE A ROLL CALL VOTE.
I'D LIKE TO MAKE A ROLL CALL VOTE ON THIS PLACE.
[00:50:02]
BOARD MEMBER CLEMENT.I'M NOT SURE WHAT I'M VOTING ON, SO I'LL ABSTAIN.
THE MOTION IS TO AFFIRM STAFF DETERMINATION.
YES. WITH FOUR IN FAVOR AND ONE IN OPPOSITION.
THE MOTION PASSES. OK, THANK Y'ALL AND THANK THE APPLICANT FOR COMING IN TODAY.
OK. AS SOON AS THE APPLICANT'S OFF THE LINE THERE OR JUST THE JUST THIS BOARD HERE ON ONLINE NOW? THE APPLICANTS ARE ALLOWED TO STAY ON.
SORRY I JUST MUTED HER. THEY'RE NOT ALLOWED TO PARTICIPATE, BUT THEY ARE STILL ALLOWED TO REMAIN ON THE CALL UNTIL THE MEETING'S OVER.
I UNDERSTAND. WELL, I REALLY HAVE NOTHING MORE TO ADD TO THESE CASES.
IT LOOKS LIKE WE'RE DONE FOR THE DAY.
THE ONLY THING I WAS GOING TO SAY IS I AGREE WITH NO WALKING QUORUM AS THREE OF US GETTING TOGETHER. I DO NOT AGREE WITH US ALWAYS GETTING TOGETHER ON ALL THESE CASES.
BUT IF THE, YOU KNOW, SENDING, YOU KNOW, JUST IN CONTACT INFORMATION ON A ONE ON ONE, STILL DON'T AGREE WITH TALKING ABOUT CASES.
BUT A LOT OF TIMES, LIKE EARLIER, I WOULD HAVE LIKED TO SEND OUT A QUICK, QUICK EMAIL TO EVERYBODY AND SAY, LOOK, OUR MEETINGS TODAY AT THIS TIME AND, YOU KNOW, JUST KIND OF A JOB THAT EVERYBODY'S THERE ON TIME.
GO AHEAD. AND WHAT WE CAN DO, AGAIN THAT'S TYPICALLY SOMETHING THAT YOU CAN CONTACT STAFF AND STAFF CAN SHOOT OUT THOSE EMAILS AS REMINDERS OF THE TIME AND TO BE ON TIME.
AND WE CAN ALSO SCHEDULE THIS FOR A SMALL WORKSHOP JUST TO DISCUSS WALKING QUORUMS. PART OF WHAT YOU SAID IN TERMS OF THREE FOLKS IS CORRECT, BUT THERE HAVE BEEN LEGISLATIVE CHANGES THAT WE PROBABLY SHOULD APPRIZE THE BOARD TO MAKE SURE THAT THEY ARE DOING WALKING QUORUMS INADVERTENTLY.
OK, WELL, IF Y'ALL CAN SET THAT UP, I THINK THE ZOOM MEETING ANY OF US OUGHT TO BE ABLE TO POP IN AND, YOU KNOW, SPEND HALF AN HOUR TO AN HOUR, WHATEVER WE NEED TO DO.
CATHERINE, IF YOU COULD SET THAT UP WITH EVERYBODY, THAT WOULD BE, THAT'D BE GREAT.
SURE WILL. I'M JUST LOOKING AT THE CASELOAD FOR THE NEXT MEETING.
SO FAR, I DON'T THINK WE HAVE.
AT LEAST ONE CASE HAS BEEN SUBMITTED SO WE CAN DO A WORKSHOP, USUALLY ABOUT AN HOUR BEFORE THE REGULAR MEETING.
DOES THAT AGREE WITH EVERYBODY? YEAH, UNLESS THERE'S SOMETHING OTHER THAT FOLKS WOULD LIKE TO DISCUSS.
I MEAN, A WALKING QUORUM IS GOING TO BE VERY QUICK TYPE OF DISCUSSION, BUT, YOU KNOW, FEEL FREE TO CONTACT STAFF TO SEE IF THERE'S ANYTHING ELSE THEY'D LIKE TO DISCUSS IN THE WORKSHOP SETTING. OK, AND HAPPY NEW YEAR TO EVERYBODY AND YEAH, OK, WE'RE FINISHED WITH THE DAY.
I'M GOING TO THANK Y'ALL FOR ALL SHOWING UP HERE TODAY AND TAKING YOUR TIME.
AND HAPPY NEW YEAR AND WE'LL GO FROM THERE.
HAPPY NEW YEAR. [INAUDIBLE]
* This transcript was compiled from uncorrected Closed Captioning.