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>> [INAUDIBLE] IT'S WEDNESDAY, SEPTEMBER 3RD, 4:00 PM.

[Zoning Board of Adjustments on February 3, 2021.]

[00:00:04]

I LIKE TO CALL THIS MEETING TO ORDER.

CAN WE HAVE A ROLL CALL, PLEASE?

>> SURE BOARD MEMBER [INAUDIBLE]?

>> HERE.

>> THANK YOU. WE'VE GOT A CASE TODAY.

DOES ANYONE HAVE A CONFLICT OF INTEREST ON THIS CASE? OKAY, HEARING THAT. GO AHEAD.

>> I ONLY HAVE VIDEO HERE FROM FOUR PEOPLE.

SHOULD I HAVE SOME VIDEO FROM A COUPLE OTHER ONES HERE IF YOU ALL CAN SHARE UPON, AT LEAST I CAN SEE YOUR HAND COMING UP FOR WHAT YOU NEED TO DO.

>> I UNDERSTAND [INAUDIBLE] DOESN'T HAVE A VIDEO AND MR. KRUEGER ALSO DOES NOT TODAY.

>> OKAY. WELL, IF YOU ALL NEED [INAUDIBLE] , TO TALK TO JUST GO AHEAD AND I COULD SEE WHO'S CLICKED IN AND TALKING INTO ONE TIME AND I'LL TRY TO BACK OFF AND LET YOU ALL HAVE YOUR CHANCE TO SPEAK, AND I THANK YOU ALL.

OKAY. WE NEED [OVERLAPPING] HI, I'M SORRY.

I'M GOING TO NEED APPROVAL OF MINUTES FOR JANUARY 6TH PLEASE? YES [INAUDIBLE].

>> I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE MINUTES OF THE PREVIOUS MEETING.

>> OKAY.

>> ALICE WATFORD, SECOND.

>> OKAY. THANK YOU. A ROLL CALL OF VOTE PLEASE?

>> [NOISE] BOARD MEMBER [INAUDIBLE]?

>> YES.

>> BOARD MEMBER CLEMENT?

>>YES.

>> CHAIRPERSON [INAUDIBLE].

>> YES.

>> VICE CHAIRPERSON [INAUDIBLE]?

>> YES.

>> BOARD MEMBER WOFFORD?

>> YES.

>> MOTION PASSES.

>> OKAY. THANK YOU ALL. I'M GOING TO OPEN THE FLOOR TO PUBLIC FOR ANY NON AGENDA ITEMS, ANY QUESTIONS TO ASK THE BOARD OR ANYTHING?

>> WE DID GET A PUBLIC COMMENT ON AN AGENDA ITEM AND I'LL READ IT INTO THE RECORD.

>> GO AHEAD.

>> THE COMMENT IS, " I'M [INAUDIBLE] TO REQUEST VARIANCE FROM THE GALVESTON LAND DEVELOPMENT REGULATION AT 6810 SEAWALL BOULEVARD, R E ARTICLE 10, HEIGHT DENSITY DEVELOPMENT ZONE, ZONE FIVE".

THAT IS FROM JIM GANTHIER, G-A-N-T-H-I-E-R.

>> OKAY.

>> HE JUST SAID HE'S JUST OPPOSED TO IT, THAT'S ALL? NO OTHER EXPLANATION?

>> NO. I READ THE ENTIRE CASE.

>> OKAY. WELL, THANK YOU. OKAY. WE'LL MOVE IT ON TO NEW BUSINESS.

CAN WE HAVE THE FIRST CASE PLEASE?

>> SURE.

[NOISE] 21Z00168 TNC WELL BOULEVARD.

THIS IS A REQUEST FOR A VARIANCE FROM THE REQUIRE PERCENTAGE OF A BUILDING OR THE BUILD-TO LINE.

THERE WERE A 183 PUBLIC NOTICES SENT.

ONLY THREE OF THOSE WERE RETURNED, TWO OPPOSED TO ONE IN FAVOR.

I LIKE TO NOTE THAT ONE OF THE OPPOSING PARTIES, AFTER OUR CONVERSATION THAT WE HAD, SHE'S NO LONGER OPPOSED.

HOWEVER, I DID NOT GET ANOTHER RETURN NOTICED.

THERE WERE NO OBJECTIONS FROM CITY DEPARTMENTS.

IN THIS CASE, THE APPLICANT IS REQUESTING A VARIANCE FROM THE REQUIRED PERCENTAGE OF A BUILDING AT THE BUILD-TO LINE.

HEIGHTENED DENSITY DEVELOPMENT ZONE GUIDELINES REQUIRE THAT 30 PERCENT OF A BUILDING IN THE SEAWALL [INAUDIBLE] AREA MUST BE LOCATED AT THE BUILD-TO LINE.

THE PURPOSE OF THIS REGULATION IS TO ENLIVEN THE STREETSCAPE BY REQUIRING THAT AT LEAST A PORTION OF THE BUILDING BE CONSTRUCTED, BUDDING THE SIDEWALK.

IN THIS CASE, THE BUILD-TO LINE IS AT THE INTERIOR EDGE OF THE SIDEWALK ALONG 69 STREET.

THEY REQUIRE A PERCENTAGE OF A BUILDING AT THE BUILD-TO LINE WOULD REQUIRE THAT 14.9 FEET OF THE FRONT FACE OF THE BUILDING BE CONSTRUCTED AT THE FRONT PROPERTY LINE ALONG 69 STREET.

[00:05:02]

IN THIS CASE, THE APPLICANT'S REQUESTING THAT THAT BE REDUCED, THAT 30 PERCENT BE REDUCED TO ZERO PERCENT.

THE APPLICANT INTENDS TO LOCATE THE BUILDING 125 FEET FROM THE BUILD-TO LINE.

I'D ALSO LIKE TO NOTE THAT [INAUDIBLE] REQUIREMENTS DO NOT APPLY TO THE FIELD CANOPY.

IT'S ONLY TO THE BUILDING STRUCTURE.

>> OKAY.

>> PLEASE NOTE THAT LAND DEVELOPMENT REQUIREMENTS ON PAGE TWO OF YOUR STAFF REPORT AS WELL AS THE APPLICANT'S JUSTIFICATION.

NOW WE HAVE SOME PHOTOS.

THIS IS AN AERIAL IMAGE OF THE SUBJECT SITE. NEXT SLIDE PLEASE.

THIS IS THE SUBJECT PROPERTY FACING 69 STREET AND ALSO FROM THE INTERIOR EDGE BUDDING THE WALMART PARKING LOT.

NEXT SLIDE, PLEASE. THESE ARE THE SURROUNDING PROPERTIES TO THE NORTH, SOUTH, EAST, AND WEST.

THAT CONCLUDES SELF REPORT.

[NOISE]

>> OKAY. IS THERE ANY QUESTIONS FOR STAFF?

>> YES, I DO. IF WE COULD HEAR IF THERE WERE ANY WRITTEN COMMENTS.

YOU SAID YOU HAD TWO OPPOSED AND ONE IN FAVOR.

THE ADDRESSES FOR FOLKS WHO RESPONDED AND ANY WRITTEN COMMENTS ON THOSE?

>> YES.

THE FIRST ONE OPPOSE IS FROM 7700 SEAWALL BOULEVARD, UNIT NUMBER 423, AND IT READS, "I WAS NEVER ABLE TO GET ANYONE TO ANSWER, TO ASK QUESTIONS, SO I HAVE TO OPPOSE".

THIS IS THE ONE THAT I MENTIONED EARLIER.

I HAD A CONVERSATION WITH THIS PERSON AND SHE IS NO LONGER OPPOSED AFTER I EXPLAINED WHAT THE PROPOSAL IS, HOWEVER, I DID NOT GET A SECOND RETURN NOTICE IN FAVOR, SO I HAVE TO NOTE IT AS OPPOSED FOR THE OFFICIAL RECORD.

THE NEXT LETTER IN OPPOSITION OR RETURN NOTICE IN OPPOSITION STATES THAT, IT IS ACTUALLY FROM 7700 SEAWALL BOULEVARD UNIT 174 AND NO COMMENTS WERE WRITTEN.

THE LAST ONE IS ACTUALLY IN FAVOR.

THIS IS FROM 7700 SEAWALL BOULEVARD, UNIT NUMBER 711.

IT READS IN FAVOR AND IT READS, "WE'RE ALWAYS EXCITED ABOUT NEW BUILT-IN REMODELING. " THAT'S ALL THE COMMENTS WE RECEIVED.

>> THANK YOU.

>> I DO REMEMBER THAT WE TALKED ABOUT THAT LAST TIME.

IF YOU COULD GET THEM TO US IN ELECTRONIC FILE OR WE COULD TAKE A LOOK AT THEM, AT LEAST HAVE THEM IN HAND.

WE'D APPRECIATE IT. I THINK BILL ASKED IT FOR THAT LAST TIME.

>> CHAIRPERSON, WE CAN CERTAINLY DO THAT.

HOWEVER, A LOT OF THESE COMMENTS COME IN ALL THE WAY UP TO TODAY.

SO WE CAN CERTAINLY DO THAT TO THE BEST OF OUR ABILITIES MOVING FORWARD.

>> I'M ACTUALLY FINE WITH YOU JUST READING A COMMENT AS LONG AS I CAN HEAR WHAT THEY ARE.

>> I WILL SAY, COMMISSIONERS, THIS MAY BE A POSSIBILITY THAT WITH SOME OF THE OTHER COMMENTS THAT COME IN PRIOR TO 11 O'CLOCK ON THAT DAY, WE MAY BE ABLE TO GET YOU IN A WRITTEN FORM, BUT THAT WOULD HAVE TO BE BASED ON STAFF'S ABILITY TO DO THAT.

BUT WE HAVE DONE THAT WITH AT LEAST ANOTHER COMMISSION.

>> OKAY. THANK YOU.

ANY OTHER QUESTIONS FOR STAFF AT THIS POINT?

>> I HAVE ONE, ANDREW. THIS IS [INAUDIBLE] I'M WONDERED WHY THIS WAS EVEN BROUGHT TO US.

THE EXISTING BUILDING'S BEEN THERE FOR EVER, I GUESS FOR A LONG TIME.

WHY IS IT BROUGHT TO US NOW? IS IT BECAUSE THEY'RE TOTALLY REDOING IT? IT REACHED THAT THRESHOLD OR WHAT?

>> YES, SIR. THEY'RE TOTALLY TURNING THAT EXISTING FIELD CANOPY WITH EXISTING STRUCTURE, CONVENIENCE STORE, IN REBUILDING THE BRAND NEW BUILDING.

[00:10:02]

>> OKAY. THANK YOU.

>> OF COURSE.

>> THANK YOU. ANYBODY ELSE FOR STAFF? OKAY. I'D LIKE THANK YOU.

I GUESS I'D LIKE TO OPEN IT UP TO THE PUBLIC HEARING AT THIS TIME? IS THERE ANYBODY HERE FROM PUBLIC OR IS THE PERSON HERE IS PUTTING THIS BEFORE US?

>> YEAH. THE APPLICANT IS HERE.

IF YOU'LL PRESS "STAR, SIX", SIR YOU'LL BE ABLE TO SPEAK.

[NOISE]

>> GOOD AFTERNOON. THIS IS CHARLES ASHLEY WITH CEI ENGINEERING AND I REPRESENT THE APPLICANT, MURPHY, USA.

I APPRECIATE EVERYBODY'S TIME TODAY IN LISTENING TO US.

WE'RE VERY EXCITED ABOUT REMODELING THE PROJECT.

I BELIEVE IT WAS OPENED IN JANUARY OF 2001.

IT'S BEEN AROUND 20 YEARS, THAT STATION HAS BEEN THERE.

THE CURRENT STATION GOT A CANOPY WITH A BUILDING UNDERNEATH IT.

WE WANTED TO BASICALLY REMODEL THAT, SO IT WILL BE NICE AND UPGRADED AND LOOK A LOT NICER THAN WHAT IT DOES NOW.

AS PART OF THAT, OBVIOUS, WE'RE ALL HERE BECAUSE TO MAKE THAT WORK, WE HAVE TO GET APPROVED ON THE VERY EDGE.

BUT YES, IT IS A NEW CANOPY, A NEW BUILDING, BUT IT IS A LITTLE BIT LARGER AT KIOSK [INAUDIBLE] RIGHT NOW WHERE YOU CAN ACTUALLY GO INSIDE OF IT.

BUT DUE TO HOW NARROW THE LOT IS AND THE CIRCULATION OF THE TRUCK AND THE AUTOMOBILES THAT HAD TO HAPPEN AT THE SITE TO MAKE IT FUNCTION, THERE'S REALLY NO PLACE FOR US TO PUT A BUILDING ALONG THE SIDEWALK UNFORTUNATELY.

BUT IF YOU GUYS HAVE ANY QUESTIONS, WE DO REALLY APPRECIATE YOU GOT TIME AND YOUR CONSIDERATION, BUT IF YOU HAVE ANY QUESTIONS, I WOULD BE HAPPY TO LISTEN TO THOSE.

>> DOES ANYBODY HAVE QUESTIONS FOR THE APPLICANT? I GUESS SOME WEIRD THING THAT I HAVE IS I UNDERSTAND IT'S GOING A LITTLE BIGGER AND YOU'LL BE REMODELING.

HOW LONG WILL THIS PROJECT TAKE?

>> ONCE THEY START CONSTRUCTION, THEY'RE SUPPOSED TO GET IT DONE IN 90 DAYS.

THE WAY THAT WORKS IS THEY SHUT DOWN ON SUNDAY NIGHT AND THE EMPLOYEES THAT ARE WORKING THERE WILL WORK FOR ANOTHER MURPHY STATION IN THE AREA UNTIL IT'S CONSTRUCTED AND THEY COME BACK TO THE NEW STORE AND OPEN UP.

THEY TRY TO KEEP THE SAME EMPLOYEES THAT ARE THERE NOW.

I THINK THEY HAD TO HIRE JUST A FEW MORE BECAUSE IT IS JUST A LITTLE BIT BIGGER IN THE KIOSK.

IT SHOULD ADD A COUPLE OF MORE JOBS AS PART OF THAT.

BUT THEY WORKED REALLY HARD TO RETAIN THEIR GOOD PEOPLE THERE THAT ARE WORKING THERE.

AGAIN, THAT'S 90 DAYS ONCE THEY BREAK GROUND.

>> WOW.

>> THAT'S PRETTY GOOD. ANYBODY ELSE HAVE A QUESTION FOR THE APPLICANT?

>> THIS IS ALICE. WILL THE BUILDING STILL BE UNDER THE CANOPY?

>> YES, MA'AM. YES. THE BUILDING WILL BE UNDER THE CANOPY LIKE IT IS NOW, BUT IT'S A LITTLE BIT MORE ENCLOSED IN THE CANOPY.

THE CANOPY SITS A LITTLE BIT WIDER.

I THINK RIGHT NOW THE KIOSK STICKS OUT FOR THE CANOPY.

THE NEW LOOK IS MUCH MORE ATTRACTIVE AND A LITTLE BIT MORE INCLUSIVE.

>> OKAY. THANK YOU.

>> ALL RIGHT. ALL RIGHT, IS ANYBODY ELSE? NOW, I WANT TO THANK YOU, SIR, FOR COMING IN.

I'D LIKE TO CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE COMMISSION FOR A MOTION, PLEASE, THE DISCUSSION [NOISE]

>> YES, SIR. MR. [INAUDIBLE] ROBERT?

>> YES. I'D LIKE TO MAKE A MOTION THAT WE APPROVE THIS VARIANCE BASED UPON IT IS ROOTED IN A SPECIAL CONDITION THAT DOESN'T GENERALLY EXIST ON OTHER PROPERTIES IN THE SAME ZONING DISTRICT.

ALSO, THE LITERAL ENFORCEMENT OF THOSE STRICT TERMS OF THE LDR WOULD IMPOSE AN UNNECESSARY HARDSHIP.

THAT'S MY MOTION.

>> HOLD ON A SECOND.

>> IF I MAY COMMISSIONER, CAN WE BE A LITTLE BIT MORE SPECIFIC WITH THE SPECIAL CONDITION THAT DOESN'T EXIST OR IS NOT ROOTED IN OTHER CONDITIONS OR OTHER PROPERTIES?

>> OKAY. IT DIDN'T.

THE DESIGN CONFIGURATION OF THAT STORE BUILDING THAT THEY'RE GOING TO PLACE THERE, IT WOULD BE IMPOSSIBLE FOR THEM TO PLACE THE FRONT DOOR OR FACE THAT ALL THE WAY 14-AND-A-HALF FEET FROM

[00:15:01]

THIS SIDEWALK [NOISE] FAIR ENOUGH.

>> I DO. [INAUDIBLE] MS. FEWEATHER?

>> [LAUGHTER] I'M WRITING DOWN MY NOTES.

>> IT IS UNIQUE THERE, BUT THE TYPE OF BUSINESS, AND YOU HAVE TO BE ABLE TO COME AND GO UNDER THE CANOPY, IT'S HARD TO TURN IT AND THEN WE'D HAVE PROBLEMS WITH GETTING IN AND OUT OF THE PARKING LOT.

THERE IS A LOT OF SPECIAL CONDITIONS THERE THAT APPLY.

>> I THINK THE IRREGULAR LOT SIZE IS ONE OF THE BIGGEST.

>> I'VE HEARD A FEW THINGS AND COMMISSIONER GRANT MADE THE FIRST MOTION.

I'M GOING TO TAKE IT IN TURN.

ARE YOU ACCEPTING, I'M ASSUMING, A FRIENDLY MOTION FROM CHAIRMAN GALLETTI REGARDING THE TYPE OF BUSINESS AND THE PROBLEM OF VEHICLES TURNING.

ARE YOU ACCEPTING THAT AS A FRIENDLY AMENDMENT?

>> I DO ACCEPT THAT.

IT'S A FRIENDLY AMENDMENT.

>> I'M GOING TO GO AND TURN TO COMMISSIONER CLEMENT WHO'S APPARENTLY ALSO MADE A FRIENDLY AMENDMENT TO YOUR MOTION REGARDING THE IRREGULAR LAW OF SIZE, ARE YOU ACCEPTING THAT?

>> I DO ACCEPT THAT ALSO, YES.

>> HAS THAT BEEN SECONDED, I BELIEVE BY, COMMISSIONER CLEMENT, DID YOU SECOND THAT?

>> YES.

>> THOSE FRIENDLY AMENDMENTS ARE OKAY WITH YOU, SIR? CAN I SECOND IT?

>> YOU BETTER.

>> THANK YOU.

>> ALL RIGHT. THANK YOU. I'D LIKE TO OPEN THEM NOW FOR ANY DISCUSSION WE HAVE ON THIS. ANYBODY?

>> GO AHEAD MS. WATFORD.

>> NO, I'M GOOD. THANK YOU.

>> REALLY. THE TYPE OF BUSINESSES AND THE DIRECTION IT HAS TO FACE IN ORDER TO GET CARDS IN AND OUT.

THAT IS PRETTY MUCH STRAIGHT UP FROM WHAT I CAN UNDERSTAND AND FOR THE MOTION AND HOW YOU AWARDED IT, I'M 100 PERCENT IN AGREEMENT WITH IT.

IF THERE'S ANY MORE DISCUSSION ON THIS, EVEN IF IT'S NOT, I'M GOING TO GO AHEAD AND CALL FOR A VOTE.

OKAY. SAYING THAT NOW, WE NEED TO ROLL CALL VOTE PLEASE. DID YOU HEAR ME?

>> I'M SORRY. I WAS MUTED, MY MISTAKE.

BOARD MEMBER MAKOVA?

>> YES.

>> BOARD MEMBER CLEMENT?

>> YES.

>> CHAIRPERSON GALLETTI?

>> YES.

>> RIGHT CHAIRPERSON DART?

>> YES.

>> BOARD MEMBER WATFORD?

>> YES.

>> ALL IN FAVOR, THE MOTION PASSES.

>> THANK YOU, AND THANK YOU, SIR, FOR COMING IN AND FOR REBUILDING OUR [INAUDIBLE] THERE.

>> I'M KEEPING THE PEOPLE ON.

>> YES, GOING. KEEPING THE PEOPLE ON.

>> THANK YOU SO MUCH.

>> THANK YOU [INAUDIBLE] DO WE HAVE ANYTHING NEW THAT WE WANT TO BRING UP? IF NOT, WE'RE GOING TO GO AHEAD AND CLOSE THIS OUT FOR TODAY.

I DO WANT TO WELCOME THE NEW PEOPLE.

I WANT TO WELCOME BILL AND A VERY YOUNG LADY HERE, AND JUST THE PEOPLE WHO CAME ON BOARD HERE.

I'LL GET YOUR NAMES DOWN.

>> I THINK COMMISSIONER THERE'S ONE MORE ITEM ON THE AGENDA.

UNLESS I'M LOOKING AT AN OLD AGENDA.

I THOUGHT WE HAD A DISCUSSION ITEM REGARDING WALK-IN QUORUMS.

>> YEAH, WE DO.

>> EARLIER WE TALKED ABOUT GOING THIS NEXT WEEK, I WAS GOING TO GET WITH EVERYBODY HERE AND SEE IF WE CAN HAVE A MEETING, 45 MINUTES BEFORE THIS ONE WHERE WE CAN [INAUDIBLE] OVER?

>> THAT IS NOT A PROBLEM.

>> IS THAT OKAY WITH EVERYBODY ABOUT 45 MINUTES BEFOREHAND? NEXT MONTH?

>> I THOUGHT TRUE WE NEED 45 MINUTES TO COVER A WALK-IN QUORUM, BUT [OVERLAPPING] I'M GOOD WITH IT.

>> YES. I THINK I WAS NOT ONLY IN THE WALK-IN QUORUM IS WE'RE GOING TO GET THAT PAPER GOING BACK AND FORTH ON THE HOW TO MAKE AMENDMENTS AND MOTIONS TO REVERSE, CONFORM, AFFIRM OR AFFIRM WITH CHANGES AND I THOUGHT WE JUST GO OVER ALL THAT.

WE COULD CUT THAT DOWN WITH 30 MINUTES IF YOU WANT, BUT IT'LL BE A DISCUSSION OF HOW TO MAKE THE MOTION MORE LIKE A LITTLE WORKSHOP.

DO YOU ALL THINK 30 MINUTES OR 45 MINUTES, WHAT DO YOU ALL THINK?

>> WE'VE GOT NEW PEOPLE.

PROBABLY 45 REALLY.

>> I'M GOOD WITH 45.

IF YOU ALL CAN CUT OUT A LITTLE BIT OF YOUR TIME THERE,

[00:20:03]

I'LL MAKE SURE THAT EVERYBODY GETS THE E-MAIL AND, PREVIOUS AND WE'LL TRY TO COME ON A LITTLE BIT SOONER AND LITTLE BIT LESS FORMAL, BUT WE'LL GO AHEAD AND TAKE CARE OF THAT.

WELL, I WANT TO THANK YOU FOR SHOWING UP.

GO AHEAD MS. FEWEATHER.

>> [LAUGHTER] I WAS JUST GOING TO SAY THAT DART WILL SET UP THAT MEETING THAT WAS REQUESTED.

>> THANK YOU ALL. I WANT TO THANK EVERYBODY FOR BEING HERE AND THAT SHOULD DO IT FOR TODAY. THANK YOU ALL [OVERLAPPING]

>>THANK YOU FOR THE NEW MEMBERS.

>> THANK YOU, YES.

>> THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.