>> GOOD AFTERNOON. THIS IS BILL CLEMENT,
[Zoning Board of Adjustments on June 9, 2021.]
[00:00:02]
ACTING CHAIR FOR THE ZONING BOARD OF ADJUSTMENT.I'LL CALL THE JUNE 9TH MEETING TO ORDER.
IF STAFF COULD CALL ROLL, PLEASE.
>> PATRICK WILL BE DOING ROLL CALL.
>> BOARD MEMBER GALLETTI IS ABSENT.
>> BOARD MEMBER GIRNDT IS ALSO ABSENT.
>>MY MISTAKE. BOARD MEMBER WATFORD.
>> IN THE ABSENCE OF GALLETTI AND GIRNDT OUR ALTERNATES, SYLER AND WATFORD WILL BE FILLING IN, AS WELL AS BOARD MEMBER CLEMENT WILL BE RUNNING THE MEETING.
>> THANK YOU. ATTENDANCE HAS BEEN TAKEN.
ARE THERE ANY CONFLICTS OF INTERESTS WITH THIS CASE TO BE DECLARED BY THE BOARD MEMBERS? GREAT. I'M SEEING NONE.
WE'LL GO TO APPROVAL OF MINUTES FROM MAY THE 5TH.
ZONING BOARD, YOU SHOULD HAVE EACH RECEIVED A COPY.
IF THEY LOOK GOOD, I'LL ENTERTAIN A MOTION TO APPROVE.
>> MOVED AND SECONDED. WE'RE GOING TO VOTE.
ANY COMMENTS ON THE MEETING FORMAT? MS. GORMAN?
>> JUST A COUPLE OF COMMENTS. WE HAVE CHANGED OUR FORMAT A LITTLE BIT.
WE'RE BACK IN-PERSON AND WE'RE ALSO DOING HYBRID MEETINGS.
FOR INSTANCE, ALICE WATFORD IS JOINING US BY PHONE TODAY.
UNTIL WE GET FURTHER DIRECTION FROM COUNCIL, WE WILL BE PROVIDING THE OPTION FOR THE COMMISSIONERS, THE BOARD MEMBERS, STAFF, AND THE APPLICANTS AND THE PUBLIC TO CONTINUE TO PARTICIPATE VIA ZOOM IF THEY SO CHOOSE.
TODAY IT LOOKS LIKE WE HAVE A COUPLE OF ATTENDEES BY PHONE AND SO WHEN WE GET TO PUBLIC COMMENT WE'LL ASK FOR THEM TO USE THE "RAISE HAND" FUNCTION IF THEY WISH TO SPEAK AND THEN WE'LL ACTIVATE THEM AND THEY'LL BE ABLE TO SPEAK.
OTHERWISE, WE WILL HAVE A REGULAR MEETING FORMAT AND THE MEMBERS OF THE PUBLIC WILL HAVE THREE MINUTES TO SPEAK AND WE'LL CONTINUE TAKING THE VOTES VIA PHONE CALL.
>> OKAY. THAT BRINGS US TO THE PUBLIC COMMENTS SECTION OF THE AGENDA.
THE FIRST OPPORTUNITY FOR PUBLIC COMMENT IS ON AGENDA ITEMS. ARE THERE ANY?
>> WE HAVEN'T RECEIVED ANY WRITTEN PUBLIC COMMENT.
IF THERE'S ANYBODY ON THE ZOOM WHO WOULD MAKE A GENERAL COMMENT WE ASK THAT YOU USE THE "RAISE HAND" FUNCTION AND IT LOOKS LIKE THERE MAY BE A MEMBER OF THE PUBLIC THAT WISHES TO SPEAK.
>> IS THIS REGARDING THIS PARTICULAR CASE?
>> IT IS. SO I CAN TAKE GENERAL OR PUBLIC. [OVERLAPPING]
>> WE'LL HAVE A PUBLIC HEARING AND ALLOW YOU TO SPEAK TO IT AT THAT POINT.
>> THANK YOU. I DON'T SEE ANY RAISED HANDS.
ANY PUBLIC COMMENT ON NON-AGENDA ITEMS? AGAIN, SEEING NONE AND NO OLD BUSINESS TO CARRY OVER.
WE'LL PROCEED TO NEW BUSINESS IF STAFF WOULD DO THE INTRODUCTION FOR CASE 21Z-008181164 STREET, PLEASE.
>> ADRIEL AND HE'LL BE ON THE CALL.
21Z-00881164 STREET THE VARIANCE REQUEST FOR A FIVE YARD SETBACK.
SIX PUBLIC NOTICES SENT AND NONE WERE RETURNED.
THE COMMENTS RECEIVED FROM THE CITY DEPARTMENT I'D LIKE TO MAKE A CORRECTION.
THE FIRE MARSHAL HAS AMENDED IT'S COMMENT AND IT READS AS FOLLOWS, "WANT TO COMPLY WITH CERTAIN BUILDING CODE REGARDING FIRE RATING AND SEPARATION ACCORDING TO THE ADDITION PROPERTY, THEY CHANGE OCCUPANCY CLASSIFICATION." EXECUTIVE SUMMARY. THE APPLICANT IS REQUESTING A VARIANCE TO CONSTRUCT THE BUILDING ADDITION WITHIN THE REQUIRED SIDE YARD SETBACK IN A COMMERCIAL ZONING DISTRICT.
THE PROPOSED SETBACK REJECTION FROM THE REQUIREMENT AND FIVE FEET TO ZERO.
PLEASE NOTE THE LAB DEVELOPMENT REQUIREMENTS ON PAGE 2 OF YOUR STAFF REPORT AS WELL AS THE APPLICANT'S JUSTIFICATION.
[00:05:04]
>> ONE SECOND I'M HAVING SOME DIFFICULTY.
THE FIRST SLIDE IS THE AERIAL IMAGE OF THE SUBJECT PROPERTY.
NEXT ONE PLEASE. THIS IS THE SUBJECT PROPERTY, THE ACTUAL STRUCTURE ON THE SITE APPARENTLY AS WELL AS THE VIEW OF THE AREA WHERE THE PROPOSED ADDITION WILL TAKE PLACE ON THE RIGHT-HAND SIDE OF THE SCREEN.
NEXT SLIDE PLEASE. THIS IS THE PROPOSED SITE PLAN.
THIS IS THE SURROUNDING PROPERTIES, NORTH, SOUTH, EAST, AND WEST, AND THAT CONCLUDES THAT REPORT.
>> CAN WE BACK UP TO THE FRONT AND SIDE YARD VIEW.
QUESTION FOR STAFF ON THAT SIDE YARD, WE'RE TALKING ABOUT BUILDING IT IN THAT AREA THAT'S SLOPING OFF.
IT LOOKS LIKE THERE'S AN AIR CONDITIONING UNIT THERE NOW?
>> I GUESS I CAN ASK THE APPLICANT ABOUT WHAT HE PLANS TO DO ABOUT GRADING IT.
SECOND QUESTION, THE FIRE MARSHAL'S COMMENTS, DOES THAT APPLY TO THE NEW CONSTRUCTION OR WILL THAT ALSO HAVE AN EFFECT ON THE ADJACENT PROPERTY OWNER?
>> TECHNICALLY SPEAKING EVERYTHING THAT THEME WAS COMPLY TO TODAY'S REGULATION.
I THINK THERE WERE SOME CONCERNS ABOUT THE ADJACENT BUILDING DUE TO SOME FIRE EXIT REQUIREMENT.
BUT AS FAR AS GREATER CONSTRUCTION AND APPLY IT TO THESE NEW CONSTRUCTIONS.
>> JUST SO I UNDERSTAND, THE FIRE MARSHAL IS NOW NOT OBJECTING TO THIS VARIANCE.
HE'S JUST SAYING THAT THEY REQUIRE SPECIAL FIRE RATED CONSTRUCTION?
>> TIM, WOULD YOU EXPLAIN TO ME THE 0-5 FEET, COMMERCIAL CAN GO ALL THE WAY TO ZERO TO THE MAINS AND BOUND LINE?
IN THE COMMERCIAL DISTRICT THERE IS THE REQUIREMENT TO HAVE FIVE FEET SEPARATIONS ON THE SIDES FROM YOUR NEIGHBOR'S PROPERTY OR THE COMMON LOT LINE THAT IS, IN THIS CASE THEY'RE REQUESTING TO BUILD WITHIN THAT REQUIREMENT TO GO BASICALLY ALL THE WAY UP TO THE PROPERTY LINE.
>> I HAVE ANOTHER QUESTION ABOUT SOMETHING THAT'S IN OUR PACKET WHERE IT SHOWS BUILDING PHOTOGRAPHS LIKE BEFORE MARGIE STATE CAMP WAS COMPLETE.
I DON'T KNOW WHAT THAT'S ABOUT.
>> IT'S PART OF THE METAL FROM THE APPLICANT.
IT HAS OLD PHOTOGRAPH OF SOLARS AND OLD SURVEY DATING BACK TO 2005 IN AN ATTEMPT TO SHOW THAT THERE WAS A BUILDING CLOSER TO THE PROPERTY LINE AND WHAT IS THERE NOW.
>> THE OLD SURVEY DOES APPEAR THAT THE STRUCTURE WAS A BIT CLOSER.
BUT AGAIN, THIS IS SOMETHING THAT, AGAIN, NEW CONSTRUCTION WOULD ADHERE TO TODAY'S REGULATIONS.
>> HOW FAR WOULD THE BUILDING OR THE NEW STRUCTURE WILL GO FAR TO THE WATER.
IS IT THE FULL LENGTH OF THE EXISTING STRUCTURE?
>> WE CAN GO TO THE APPLICANT FOR THAT TOO WHEN HE MAKES HIS PRESENTATION UNLESS STAFF HAS AN ANSWER FOR US.
>> IF YOU LOOK AT THE FIRE PLANT PROVIDED ON PART OF YOUR REPORT THERE, IF YOU GO TO SLIDE 3, YOU COULD SEE THAT IS PRETTY MUCH THE LENGTH OF THE PARENT STRUCTURE AND IT EXTENDS A LITTLE BIT PAST TOWARDS THE STREET, ON THE FRONT SIDE ON THE 6TH FIRST STREET SIDE.
BUT AS FAR AS IT'S TARGET IT'D GO ALL THE WAY TO THE PROPERTY LINE.
THAT'S THE REASON FOR THE VARIANCE.
HE'S NOT ABLE TO MAINTAIN THE FIVE FEET IN ACCORDANCE WITH WHAT HE IS PROPOSING.
>> SO IT'S FIVE FEET ON BOTH SIDES?
>> NO. IT JUST WOULD BE ON THE SOUTH SIDE OF THE PROPERTY.
>> ANY OTHER QUESTIONS FOR STAFF? SEEING NONE, I WILL CLOSE THE MEETING OF THE BOARD AND
[00:10:05]
OPEN THE PUBLIC HEARING AND INVITE THE APPLICANT TO MAKE A PRESENTATION, IF YOU'D LIKE.>> [OVERLAPPING] JUST STAND RIGHT THERE AND GET YOUR DIMENSION.
>> THEN ONCE YOU'VE- NOW, IF YOU'D STATE YOUR NAME FOR THE RECORD, PLEASE.
>> MY NAME IS JASON RUDER, AND I'M THE OWNER OF THAT 1811 61ST STREET.
I FIRST GOT THE PROPERTY IN 2006 WHEN I FIRST STARTED LEASING IT.
THE PROPERTY, IT WENT TO THE LINE.
YOU GOT TO SQUEEZE THROUGH THERE BUT IT WENT UP TO SIX INCHES ON IT.
I THINK THAT BUILDING HAS BEEN THERE FOR 60-PLUS, 70 YEARS, OR SOMETHING LIKE THAT.
BUT AFTER HURRICANE IKE, IT COMPLETELY LEVELED MY WHOLE BUILDING WHICH I HAD NO INSURANCE.
WITH THE LITTLE MONEY THAT I DID HAVE, MY ORIGINAL DRAWINGS THAT I HAD WAS TO GO TO THE FENCE LINE BECAUSE UP UNTIL FIVE YEARS AGO, I COULDN'T BUILD INTO THE FENCE LINE.
THAT WAS WHEN I DIDN'T HAVE THE MONEY TO BUILD TO THE FENCE LINE, SO I JUST BUILT WHAT LITTLE BUILDING I COULD.
MY BUILDING IS ACTUALLY, IT'S A STORM-RATED LIKE A CAR SHED BECAUSE WELL, I'M IN A SHRIMPING BUSINESS AND [LAUGHTER] IT IS WHAT IT IS.
YOU HAVE TO HAVE A PASSION TO DO IT, AND I JUST DO IT BECAUSE I LOVE IT.
BUT NOW THAT I HAVE IT, I CAN'T EXPAND ONTO MY PROPERTY BECAUSE THE ONLY PLACE THE GOLF SHED IS IS BEHIND THAT LINE.
I TOOK A BUNCH OTHER PICTURES, I'M NOT SURE IF IT'S SENT THROUGH MY EMAIL THEM TOO, BUT THE MAJORITY OF MY PROPERTY IS ERODING AWAY.
AS THE WATER WITH THE BIGGER, STRONGER WINDS THAT THEY'RE COMING IN AND CHANGES THE WEATHER LIKE THAT, I'VE QUITE LOST ABOUT NINE FEET OF MY PROPERTY, AND TO HAVE TO KEEP PUTTING THE BIG BOULDERS OUT THERE, CUT SLABS TO STOP IT.
THE ONLY WAY FOR ME TO EXPAND IS TO GO THIS WAY BECAUSE I CAN'T PUT NO MORE.
I JUST NEED IT FOR STORAGE, IT'S NOT GOING TO BE OCCUPIED.
IT'S NOT AN OCCUPANT PLACE, IT'S JUST WHERE I CAN STORE MY STUFF BECAUSE I MAKE QUITE 4-7 TRIPS SOMETIMES A DAY TO THE USE AND SHIP CHANNEL INTO BAYTOWN TO PICK UP SHRIMP FROM DIFFERENT SHRIMP BOATS.
IF I COULD JUST GET THEM ALL AT ONE TIME, I COULD STORE THEM AND WOULD STOP ME FROM DRIVING SO MUCH AND SPENDING SO MUCH FUEL.
IT'S ALMOST LIKE I KEEP TRYING TO EMPLOY PEOPLE AT THE SAME TIME BUT IT'S HARD.
[LAUGHTER] IT'S THE SHRIMPING, BUT IT'S NOT FOR EVERYBODY.
[NOISE] I'M SORRY ABOUT MY LITTLE DRAWING BUT I DON'T HAVE THAT MONEY TO HIRE PEOPLE TO DO STUFF LIKE THAT.
MY LIFE IS A 20-HOUR A DAY JOB.
I LITERALLY PROBABLY HAVE FISH SCALES ON ME RIGHT NOW FROM THE [LAUGHTER] SCALE OF FISH OFF MY BOAT.
IT'S JUST A WAY OF LIFE AND I LOVE DOING IT, BUT I'M JUST PLEADING WITH YOU ALL.
I UNDERSTAND THE FIREWALL AND I ALREADY HAVE A FRIEND OF MINE WHO'S A CONTRACTOR, HE'S ACTUALLY GIVING ME A BREAK BECAUSE I'M DEALING WITH SHRIMP WITH HIM, BUT DOING MY FIREWALL AND STUFF, HE ALREADY KNEW THAT BEFORE ANYTHING HAPPENED.
HE'S LIKE, "WE GOT TO DO THAT." I SAY, "WHATEVER WE NEED TO DO, LET'S JUST DO IT." I'M FIGURING THE LONG WAYS, IT'LL SAVE ME SO MUCH MONEY AND FUEL AND JUST DRIVING LITERALLY SOMETIMES, A COUPLE HUNDRED MILES A DAY TO PICK UP SHRIMP AND THEN BACK OVER HERE, MAYBE I CAN HAVE A LITTLE BIT OF LIFE.
[LAUGHTER] YOU KNOW WHAT I'M SAYING? JUST A LITTLE BIT.
LIKE I SAID, THERE'S OTHER ROOM ON MY PROPERTY, BUT IT WOULD COST ME $300,000, $400,000 TO BUILD A BULKHEAD.
I TALKED TO THE KELSO'S AND THAT'S NOT GOING TO GIVE ME A BREAK.
IT WOULD CAUSE THIS MASSIVE AMOUNTS OF MONEY TO BUILD AND IT KEEPS FALLING OFF.
THE ONLY PLACE THAT'S REALLY SECURE ON MY LAND IS RIGHT THERE, IS THAT LITTLE SPACE.
I'M JUST PLEADING JUST FOR THE FIVE FEET.
FOR YEARS, THE OTHER BILLS ARE THERE FOR 60-PLUS YEARS AND THERE WAS NO PROBLEM WITH IT.
AS THE TIMES CHANGE, CODES CHANGE.
THEY COME UP WITH OTHER THINGS AND I'M NOT SURE.
THE ONLY THING THAT'S GOING TO BE IN THERE IS WATER.
IF THERE'S A PROBLEM WITH FIRE, THE FIRE JUST PUT ITSELF OUT BECAUSE THERE'S A LOT OF SHRIMP TANKS THAT I'M TRYING TO KEEP IN THERE.
I MEAN THERE'S 25,000 GALLONS OF WATER.
IT'S IN THIS PLACE AT THE SAME TIME.
IN THE DIFFERENT WAYS, I CAN ALSO STOP.
I'M A VERY BIG [NOISE] PERSON, I DON'T DRIVE LIKE CONSERVE THE POLLUTION, THE AIR, AND STUFF.
I'M A REALLY BIG PERSON, I'M AN ENVIRONMENTALIST.
I'M WEIRD, I LIKE PICKING UP TRASH OUT OF THE WATER AND ON THE STREETS LIKE THAT.
IF I COULD DO THIS, IT WOULD MAKE IT EASIER ON ME, EASIER ON ENVIRONMENT.
[00:15:02]
I'M NOT ASKING FOR A SHOES LINE, I'M JUST PLEADING FOR A LITTLE BIT HELP.>> ALL RIGHT. ANY QUESTIONS FOR THE APPLICANT?
>> YOU ARE ABLE TO BUILD IT TO CODE THAT WOULD SATISFY THE FIRE MARSHAL?
THEY'D BE COMPLETELY FIRE CODE AND WHATEVER THE WALL IT NEEDS TO BE, IT'D BE COMPLETED.
[INAUDIBLE] ALL LOOKING AT THE AC UNIT, I ALREADY PLAN ON WHERE THE AC UNITS GO OUT.
A LOT OF ME HAVING IT BUILT, THESE ARE FRIENDS OF MINE, THEIR OWN COMPANIES.
I'VE HELD THEM OUT [INAUDIBLE] WE'VE KNOWN EACH OTHER SINCE WE WERE KIDS.
[INAUDIBLE] I'LL COME AND HELP YOU OUT.
YOU HELPED ME OUT 25 YEARS AGO OR SOMETHING.
IT'S JUST ONE OF THOSE THINGS.
I HAVE SOMEBODY THAT'S GOING TO MOVE THE AC FOR [INAUDIBLE] LOWER THAN NOTHING AND BUILD ELECTRICAL LITTLE AND NOTHING.
ACTUALLY, IT'S GOING TO DO IT FOR [INAUDIBLE] GOT TO PAY FOR THE WINE AND STUFF LIKE THAT.
I CAN JUST GO PAY THE BIG CHECK.
YOU CAN [INAUDIBLE]. THAT WOULD BE NICE.
BUT ESPECIALLY RIGHT NOW, IT'S SO MUCH LIGHTER, WHAT IT'S LIKE DOUBLED, AND IT'S GOT TO BE EVEN MORE.
THEY'RE ASK A LITTLE BIT MORE.
I'M JUST GOING TO BORROW SOME MONEY FROM FAMILY AND SEE WHAT THEY CAN DO.
THEY GIVE ME SHRIMP. [LAUGHTER]
JASON, NEXT DOOR, THE BUILDING, WHAT MATERIALS ARE MADE OUT OF?
>> THE NEXT DOOR TO ME? THAT'S A [OVERLAPPING] STANDARD SIZE [INAUDIBLE] CONCRETE BUILDING [INAUDIBLE].
YEAH, THERE'S NO WOOD, IS ALL CONCRETE.
>> THE ONLY THING BETWEEN YOUR BUILDING AND THAT BUILDING IS JUST A WOODEN FENCE?
>> YEAH. JUST A WOODEN FENCE AND THEN I THINK CONCRETE.
>> ONE OF THE REQUIREMENTS FOR US TO APPROVE A VARIANCE IS THAT THERE HAD TO BE SPECIAL CONDITIONS ON YOUR PROPERTY THAT DON'T EXIST ON OTHER PROPERTIES IN THE AREA?
>> I DON'T SEE THOSE SPECIAL CONDITIONS.
>> WHAT WOULD THE CONDITIONS BE, SIR?
>> WELL, ANYTHING THAT MAKES YOUR PROPERTY UNIQUE.
IN OTHER WORDS, WHY SHOULD YOU BE ALLOWED TO BUILD WITHIN FIVE FEET AND US CHANGE OR ALLOW VARIANCE TO THE CODE WHEN EVERYONE ELSE HAS TO MEET THAT SAME CODE.
WHAT'S UNIQUE ABOUT YOUR REQUEST?
>> WHAT'S UNIQUE ABOUT MY REQUEST IS THAT'S THE ONLY SOUND LAND THAT'S THERE.
THE BULKHEAD ONLY GOES THE RIGHTS THERE.
IF YOU HAVE TO PULL THAT THING, I'M NOT SURE IF YOU ALL CAN.
THE BULKHEAD IS LITERALLY, YOU CAN ALMOST SEE IT.
YOU SEE THE BULKHEAD IS TO SEE ALL, THIS IS ALL RIGHT.
>> YOU'LL HAVE ALL OF THIS LAND, IS THAT CORRECT?
>> YEAH. THAT'S WHERE MY LITTLE PARKING LOT I HAVE.
THAT'S ANOTHER BIG THING ABOUT 61ST STREET.
I'M LIMITED PARKING. I ONLY GET SIX PARKING SPACES. I CAN FIT EIGHT.
THEY'RE JUST LIKE A PUZZLE IN THERE.
IN THE MORNING, IT'S NOT BOUND TO GET LIVE SHRIMP BECAUSE THERE'S NOT A LOT OF TRAFFIC, BUT IT'S SIX AND A HANDICAP SPOT.
BUT THAT'S THE ONLY PLACE THAT'S A BULKHEAD IS LITERALLY RIGHT WHERE THAT LINE ENDS RIGHT THERE, THE BLUE LINES, SIR.
THAT'S A SOUND, SOUND PIECE OF LAND.
EVERYTHING ELSE IS, LIKE I SAID, IT'S IN THE LAST SEVEN YEARS, I PROBABLY LOST NINE FEET OF IT.
I JUST HAD TO KEEP BRINGING WHAT YOU CALL IT AND EVENTUALLY IT'LL ALL BE GONE.
>> IT'LL BE GONE, WENT DOWN. [NOISE]
>> OKAY. I GUESS I'M NOT SEEING THE SPECIAL CONDITION.
>> YES, SIR. LIKE I SAID, THAT THE ONLY PLACE THAT CAN REALLY HOLD IT, THE REST OF OUR [INAUDIBLE] THE REST HAD FALLEN TO THE WATER.
>> YES, ALICE. GO AHEAD, ALICE.
>> WHAT NOW? [LAUGHTER] I'M WONDERING ABOUT A GRANDFATHER HAD.
>> IF THERE WERE AN OPENING THERE NOW, IT WOULD HAVE BEEN GRANDFATHERED IN, CORRECT? [NOISE]
>> YES, MA'AM, IT WOULD HAVE BEEN GRANDFATHERED.
THE ORIGINAL BUILDING THERE WOULD HAVE BEEN GRANDFATHERED IN, YES, MA'AM.
>> HE LOST THE BUILDING DURING [INAUDIBLE].
TO BUILD IT BACK AND TO BUILD IT INTO THE PROPERTY LINE, STILL WOULD IT BE GRANDFATHERED IN?
>> WE CAN GET THE ATTORNEY TO SPEAK TO THAT.
DO IT NOW? OR AFTER WE GO BACK TO THE ZONING BOARD?
>> OKAY, WE'LL GO AHEAD AND LET MS. FAIRWEATHER ADDRESS THAT FOR YOU.
>> COMMISSIONER ALICE, IN TERMS OF GRANDFATHERING,
[00:20:03]
IT DOESN'T PERTAIN TO THIS PARTICULAR CASE BECAUSE THE STRUCTURE HAS BEEN DESTROYED.ANY OF OUR GRANDFATHERING CLAUSES WOULD MEAN THAT THEY WOULD HAVE TO REBUILD THAT STRUCTURE WITHIN A CERTAIN AMOUNT OF TIME.
THAT STRUCTURE HAS BEEN [LAUGHTER] GONE FOR MANY, MANY YEARS.
USUALLY, WE ALLOW, MAYBE SIX MONTHS TO, I THINK THE MOST, A YEAR [NOISE] FOR A STRUCTURE TO BE REBUILT IN THAT FOOTPATH.
[BACKGROUND] GRANDFATHERING WOULD NOT PERTAIN TO THIS CASE.
DID I ANSWER THAT QUESTION FOR YOU?
>> OKAY. [NOISE] ANY OTHER QUESTIONS FOR THE APPLICANT WHILE WE'VE GOT HIM UP HERE?
>> THAT'S IT. I'VE BEEN HANGING ON THE BACK OF THE SHRIMP BOATS SINCE I WAS 11.
MY WHOLE LIFE, MY MOM USED TO COME AND TELL ME I GOT TO SKIP SCHOOL TO GO SHRIMPING AND RUN CRAB TRAPS WHEN I WAS 11 AND 12, AND SHE WAS YELLING AT ME. [OVERLAPPING].
>> I'D LIKE TO ASK THE ATTORNEY A QUESTION.
I KEEP HEARING SINCE I'VE BEEN ON THIS BOARD A COUPLE OF THINGS.
COULD YOU DEFINE THAT FOR ME, PLEASE?
>> I WILL ACTUALLY READ, [NOISE] SORRY, I DIDN'T MEAN TO TURN MY BACK.
SPECIAL CONDITION IS WHAT THIS BODY CAN DETERMINE.
AS CHAIRMAN CLEMENT ADEQUATELY STATED, IT'S SOMETHING THAT'S UNIQUE TO THIS PARTICULAR PROPERTY THAT YOU MAY NOT FIND IN OTHER PROPERTIES.
I CAN GIVE EXAMPLES OF CASES WHERE A UNIQUE CONDITION WAS FOUND.
ONE WAS A HISTORICAL TREE WAS EMBEDDED VERY CLOSE TO THE PROPERTY LINE.
THEY DIDN'T WANT TO DISTURB THE HISTORICAL NATURE OF THAT TREE, AND IT WAS A LOT CONFIGURATION AS WELL, BUT THEY NEEDED, IF I REMEMBER CORRECTLY, A SEWER LINE OR SOMETHING.
[BACKGROUND] THEY NEEDED A VARIANCE FOR THAT.
WE HAVE HAD ISSUES WHERE THE LOT CONFIGURATION ITSELF IS SO UNIQUE THAT THE APPLICANT'S REQUEST COULD ONLY BE GRANTED BECAUSE OF THE UNIQUENESS OF THAT PROPERTY.
WE'VE HAD ISSUES WHERE PROPERTIES HAVE HAD ATTACHMENTS OR ENCROACHMENTS THAT HAD BEEN THERE AND HAVE A GRANDFATHERING STATUS.
BECAUSE THEY HAVE HAD THAT GRANDFATHERING STATUS, IN ORDER FOR THEM TO PROCEED AND MOVE FORWARD WITH WHATEVER BUILD THEY'RE ASKING, THEY NEEDED A VARIANCE.
THERE HAVE BEEN SEVERAL SITUATIONS THAT THIS BOARD HAS GRANTED A VARIANCE FOR, BUT, AGAIN, THIS BOARD'S DETERMINATION IS WHATEVER THEY HAVE, WHATEVER THE APPLICANT HAS PRESENTED, WHATEVER INFORMATION THAT'S BEEN PROVIDED.
IF THEY FIND THAT THERE'S A UNIQUE CIRCUMSTANCE, AND THEN THEY WOULD MAKE A MOTION PERTAINING TO THAT.
IF THEY DON'T FIND A UNIQUE CIRCUMSTANCE AND THEY WOULD MAKE A MOTION FOR THAT, AND THEN, IT'S UP TO THE BODY PRESENT TO TAKE THE VOTE ON THAT.
>> I HAVE A QUESTION. DO WE MAKE A MOTION, SECOND IT, AND THEN DISCUSS? [OVERLAPPING]
>> AFTER WE GET THROUGH WITH THIS, WE WILL CLOSE THE PUBLIC HEARING.
>> BRING IT BACK TO THE BOARD.
THEN, WE'LL MAKE A MOTION, AND DISCUSS THAT, AND SEE IF WE CAN COME UP WITH THOSE.
>> WE NEED TO HANDLE THE REST OF THE PUBLIC COMMENTS FIRST AND SEE IF THERE ARE ANY COMMENTS ON THIS PARTICULAR, WHICH I BELIEVE THERE'S AT LEAST ONE, AND THERE MAY BE BY PHONE.
ANY OTHER QUESTIONS FOR THE APPLICANT? ALL RIGHT. THANK YOU.
>> THANK YOU ALL. THANK YOU VERY MUCH, SIR.
>> ALL RIGHT. PLEASE, WE'LL TAKE THE VOTES IN THE ROOM FIRST, AND THEN, WE WILL SEE IF THERE'S ANYBODY ON ZOOM.
IF YOU'D SIGN IN THERE ON THE [BACKGROUND] FORM.
YOU'VE ALREADY DONE THAT? OKAY. IF YOU JUST STATE YOUR NAME FOR THE RECORD AND FOR US TO KNOW WHO YOU ARE.
>> ABSOLUTELY. IS THIS GOOD TO STAND?
>> ALL RIGHT. [LAUGHTER] MY NAME IS GUS KNEBEL.
I REPRESENT THE ADJACENT LANDOWNER TO THE SOUTH, 1811 61ST STREET.
THE JAZ TRUST IS THE LANDOWNER.
WE'RE HERE TODAY TO OPPOSE THIS APPLICATION FOR A VARIANCE FROM THE ZONING BOARD OF ADJUSTMENT.
WE DON'T BELIEVE THAT THE APPLICATION SUBMITTED IN THIS MATTER COMPLIES WITH THE REQUIREMENTS OF STAFF, SPECIFICALLY, THE SITE PLAN IN THIS MATTER IS A HAND-DRAWN DOCUMENT; IT IS NOT TO SCALE.
AS COMMISSIONER CLEMENT CORRECTLY IDENTIFIED,
[00:25:02]
THERE WILL BE GRADING ISSUES THAT ARE NOT ADDRESSED AT ALL ON THE PROPOSED SITE PLAN.FURTHERMORE, THIS VARIANCE REQUEST DOES NOT SATISFY THE LAND DEVELOPMENT REGULATION REQUIREMENTS FOR VARIANCE, AS COMMISSIONER CLEMENT AND COUNCILMAN QUIROGA IDENTIFIED THE SPECIAL CONDITION.
THE SPECIAL CONDITION ADVANCED BY THE APPLICANT IN HIS APPLICATION AND TODAY RELATES TO THE FACT THAT THIS IS WATERFRONT PROPERTY, AND THERE ARE MAINTENANCE ISSUES WITH THE SHORELINE.
THAT IS NOT A SPECIAL CONDITION UNIQUE TOO.
WHILE IT MAY BE UNIQUE TO THE REST OF THE WORLD, IT IS NOT UNIQUE TO GALVESTON.
EVERY [LAUGHTER] COASTAL LOT ON GALVESTON ISLAND HAS THESE ISSUES.
THE PLANNING COMMISSION, JUST YESTERDAY, DEALT WITH HOURS OF BEACHFRONT MAINTENANCE, COASTAL PROPERTY MAINTENANCE.
IT IS NOT A SPECIAL CONDITION.
FURTHERMORE, THE LAND DEVELOPMENT REGULATIONS AND HIS STAFF HAS POINTED OUT FINANCIAL CONSIDERATIONS ALONE ARE NOT SPECIAL CONDITIONS AND THEY ARE NOT SUFFICIENT TO JUSTIFY A VARIANCE FROM THE ZONING RULES.
>> I'M CONFUSED. ARE YOU REPRESENTING 1813? IS THAT [OVERLAPPING]
>> 1811? THAT'S WHAT [OVERLAPPING]
>> 1811 IS THE L-SHAPED STRIP CENTER.
>> I'M SORRY. 1813. MY APOLOGIES.
>> YOU WERE JUST OBJECTING ON GENERAL PRINCIPLES.
IS IT GOING TO AFFECT YOUR PROPERTY?
>> WE'RE OBJECTING ON THE GROUNDS THAT IT DOES, ONE, YES, IT WILL AFFECT OUR PROPERTY, AS THE FIRE MARSHAL HAS IDENTIFIED THAT WAS IN THE STAFF REPORT.
WE'RE ALSO OBJECTING THAT IT DOES NOT SATISFY THE REQUIREMENTS OF THE LAND DEVELOPMENT REGULATIONS.
THIS IS NOT A SPECIAL CONDITION.
THIS IS STRICTLY A FINANCIAL CONCERN, WHICH I GET IT.
EVERYBODY WORRIED ABOUT FINANCES, BUT THE ONLY REASON ADVANCED TODAY IS THAT A BULKHEAD IS 3 OR $400,000.
THE LAND DEVELOPMENT REGULATIONS PROVIDE THAT FINANCIAL CONCERNS ARE NOT SUFFICIENT.
FURTHERMORE, THE LAND DEVELOPMENT REGULATIONS PROVIDE THAT VARIANCES SHOULD NOT BE GRANTED IN INSTANCES WHERE THE LAND DEVELOPMENT REGULATIONS PROVIDE ALTERNATIVES [NOISE].
THE ALTERNATIVES IN THAT CASE ARE A BULKHEAD.
>> IS THERE ANYONE ON THE ZOOM CALL THAT WOULD LIKE TO SPEAK? I BELIEVE WE HAVE ALL THE PUBLIC COMMENTS FROM THE AUDIENCE.
>> IF THERE'S ANYBODY ON THE ZOOM CALL WHO WOULD LIKE TO SPEAK, WE ASK THAT YOU USE THE "RAISE HAND" FUNCTION AT THE BOTTOM OF THE SCREEN.
>> SEEING NONE, THEN WE WILL CLOSE THE PUBLIC HEARING AND REOPEN THE ZONING BOARD MEETING.
REMIND BOTH PARTICIPANTS HERE IN THE ROOM THAT ONCE THE PUBLIC HEARING HAS BEEN CLOSED, WE HAVE STOPPED PUBLIC COMMENT, BUT WILL ALLOW THE COMMISSIONERS NOW TO MAKE A MOTION AND TO DISCUSS THAT MOTION REGARDING THE APPROVAL OF THIS VARIANCE.
>> I WOULD MOVE SOMETHING EXCEPT IT WAS SO COMPLICATED THAT WHAT'S REQUIRED IN ORDER TO MOVE SOMETHING, I CAN READ IT OVER HERE, SO IS THAT GOOD ENOUGH? OH, NOBODY CAN TELL ME.
OKAY, SO I MOVE THAT WE APPROVE THIS VARIANCE BECAUSE I BELIEVE THAT THE REQUEST FOR THE VARIANCE IS ROOTED IN THE SPECIAL CONDITION.
IN FACT, HURRICANE IKE, WHICH WAS A VERY SPECIAL CONDITION AND IS NOT CONTRARY TO PUBLIC INTEREST.
IT'S NOT BECAUSE OF SELF-IMPOSED HARDSHIPS.
THE LIBERAL ENFORCEMENT OF THE STRICT TERMS OF THESE LAND DEVELOP REGULATIONS WOULD IMPOSE UNNECESSARY HARDSHIPS ON THE APPLICANT.
I CAN'T SEE THAT IT'S A DETRIMENTAL EFFECT ON THE CURRENT OR FUTURE USE OF ADJACENT PROPERTIES, PRIVATE AND PUBLIC INFRASTRUCTURE OR PUBLIC HEALTH SAFETY MORALS AND GENERAL WELFARE OF THE COMMUNITY.
>> WE HAVE A MOTION. IS THERE A SECOND?
>> MOTION BY SUZAN, SECONDED BY BARBARA. ANY DISCUSSIONS?
>> CAN I ASK FOR LITTLE BIT MORE SPECIFICITY ON THIS SPECIAL CONDITION, WHAT I HEARD WAS BECAUSE OF HURRICANE IKE?
>> I THINK, THAT THERE NEEDS TO BE LITTLE MORE SPECIFICITY.
>> THE RESULT OF HURRICANE IKE IS THAT
[00:30:01]
THE BULKHEAD HAS BEEN DESTROYED AND PART OF THE PROPERTY, WHICH MAKES IT ECONOMICALLY INFEASIBLE TO REBUILD IT.>> [NOISE] IS THAT ACCEPTABLE TO SECOND?
>> THE MOTION HAS BEEN MADE AND SECONDED.
>> I'LL GO AHEAD AND GIVE MY INPUT.
I'M PRO-BUSINESS AND THAT STRUCTURE HAS BEEN THERE FOR YEARS.
THE MARSHAL'S INPUT IS THAT, WHEN HE BUILDS HIS NEXT STRUCTURE UP, THERE HAS TO BE FIRE CODE.
BUT I ALSO LOOKED BETWEEN THE TWO BUILDINGS, I KNOW THE BUILDING NEXT DOOR IS CONCRETE.
I DON'T THINK, THERE'LL BE THAT MUCH JEOPARDY, IF THERE WAS A FIRE [INAUDIBLE] CATCH ON FIRE PROBABLY HIS DWELLING OR WHAT HE'S GOING TO PUT, WHICH ARE NOTHING MORE THAN TANKS FULL OF WATER FOR THE SHRIMP OR THE FENCE ITSELF, SO I AGREE 90 PER CENT OF WHAT YOU'RE SAYING.
>> THE FIRE MARSHAL ALSO REMOVED HIS PREVIOUS OBJECTION SAYING THAT, HE REALLY MEANS THAT IT'S GOING TO TAKE SPECIFIC CONSTRUCTION TO BE ABLE TO MAKE IT FIRE PROOF LIKE IT NEEDS TO BE AND WE'VE HEARD FROM THE APPLICANT THAT HE'S AWARE OF THAT AND WILL BUILD IT THAT WAY.
>> NOW ONE OF THE COMMENT I'D LIKE TO MAKE IS, ON YOUR DRAWING, A LOT OF THOSE DRAWINGS THAT ARE HANDMADE.
>> [INAUDIBLE] YOU CAN'T ADDRESS THE APPLICANT.
THERE'S BEEN A MOTION [INAUDIBLE]
>> THIS IS [INAUDIBLE] [OVERLAPPING].
>> THE DRAWING THAT'S ON THERE, A LOT OF APPLICANTS HAND DO IT BECAUSE THEY DON'T HAVE THE FUNDS TO PAY.
I DON'T SEE ANY PROBLEM WITH THE HAND DRAWING MYSELF.
>> I JUST THINK THAT FOR THE PURPOSE OF THE PERMIT, THEY WILL HAVE TO HAVE SOMETHING MORE SPECIFIC AND DRAWN ON PAPER, SO IT CAN BE LEGIBLE DIMENSIONS FOR PERMIT BECAUSE THEY DON'T NEED PERMIT ANYWAYS TO BUILD IT.
>> WHEN I WENT BEFORE THE ZONING BOARD OF ADJUSTMENTS, I THINK IT WAS THE ZONING BOARD, IT COULD HAVE BEEN THE BUILDING BOARD YEARS AGO, WE DID A HAND DRAWING OF WHAT WE WANTED TO DO ALSO, AND IT WAS ACCEPTABLE.
>> WELL, IS THAT A GOOD QUESTION FOR THE ATTORNEY? ARE HAND DRAWINGS ACCEPTABLE OR DO THEY HAVE TO BE BY-
>> THIS IS BETWEEN THE BOARD AT THE TABLE.
IF YOU DO HAVE A QUESTION FOR LEGAL IN YOUR TABLE, THE DISCUSSION AND ASK A LEGAL QUESTION.
>> ANY OTHER QUESTIONS, ALICE?
>> I DO THENCE, SINCE EVERYONE ELSE HAS HAD AN OPPORTUNITY, A COUPLE OF THINGS.
I AGREE WITH THE COUNCILMAN ABOUT PROMOTING SMALL BUSINESSES.
THREE YEARS I WAS CHAIRMAN OF THE SMALL BUSINESS DEVELOPMENT CENTER, SO I UNDERSTAND THE NEEDS AND THAT SORT OF THING.
MY CONCERNS HERE ARE THREEFOLD.
ONE, I DON'T SEE THE SPECIAL CONDITION.
IT'S NO DIFFERENT THAN ALL THE OTHER PROPERTIES THAT WERE AFFECTED BY IKE THAT HAVE WATERFRONT, THAT HAVE BULKHEAD NEEDS.
IN MY MIND, IT JUST DOES NOT MEET THE SPECIAL CONDITION REQUIREMENT, SO THAT'S THE FIRST THING.
I UNDERSTAND THE FINANCIAL HARDSHIP AND I UNDERSTAND THE OTHERS.
THE SECOND IS THE OBJECTION OF THE ADJACENT PROPERTY OWNER.
THEY HAVE A VESTED INTEREST IN THE AREA AND IN MAKING 61ST STREET LOOK UNIFORM.
RIGHT NOW WE'VE CHOSEN UNIFORM TO BE THE CODE THAT YOU'VE GOT AND TO START MAKING VARIANCES TO THAT.
TO ME, WITHOUT A SPECIAL CONDITION AND A CONDITION THAT'S AFFECTED EVERYBODY WAS IKE, SO IF WE GRANT A SPECIAL VARIANCE EVERY TIME SOMEBODY COMES IN WITH AN IKE PROBLEM, PRETTY SOON WE DON'T HAVE A BUILDING CODE NOW.
WOULD I LIKE TO APPROVE THIS BASED ON THE EMOTIONAL FEEL, YES, AND WE'VE MADE A COUPLE OF DIFFICULT DECISIONS OVER THE PAST COUPLE OF YEARS ON FOLKS WHO ASKED FOR A VARIANCE THAT IN MY OPINION DIDN'T MEET THE SPECIAL CONDITION.
THEN I HAVE SOME CONCERNS ABOUT THE STRUCTURE THAT'S BEING BUILT THAT CLOSE TO AN ADJACENT STRUCTURE ON A SLOPE,
[00:35:05]
5000 GALLONS OF WATER PLUS OR MINUS IS GOING TO WEIGH A LOT, AND SO THE FOUNDATION AND EVERYTHING HAS TO BE BUILT WELL.BY ALLOWING US A VARIANCE, WE'RE AGAIN, I THINK PUTTING SOME JEOPARDY, ALTHOUGH I AGREE THE FIRE DANGER IS PROBABLY MINIMAL, THE DANGER OF COLLAPSE WITH ALL THAT ADDITIONAL WATER IS [OVERLAPPING] EXCUSE ME.
THE DANGER OF COLLAPSE IS THERE AND BULKHEADING AND BUILDING UP THAT PROPERTY SO THAT IT CAN ADEQUATELY SUPPORT THAT THING IS TO ME, IT COULD HAVE A DETRIMENTAL EFFECT ON THE ADJACENT PROPERTY.
THERE ARE A NUMBER OF REASONS THAT ALTHOUGH I CAN SEE THE VALUE, I DON'T SEE THE SPECIAL CONDITION AND I DON'T SEE WHY THE ALTERNATIVE CAN'T BE BUILT ON THE LAND THAT EXISTS NOW, [OVERLAPPING] SO I'M OPPOSED TO THE MOTION, GO AHEAD.
>> JUST A QUESTION ABOUT HOW THIS HAPPENS OR HOW THIS GOES.
IF WE WERE TO APPROVE THIS, IT THEN HAS TO GO TO WHAT'S NEXT? SOMEBODY [INAUDIBLE] [OVERLAPPING] I'M SORRY?
>> PERMITTING PHASE? [OVERLAPPING] WHICH REQUIRES AN THE ENGINEER'S DRAWING [OVERLAPPING] AND A DETAILED SITE PLAN OR WHATEVER IT'S CALLED.
>> IT'S AN ENGINEER THAT'S GOING TO SAY IT CAN BE BUILT TO WHATEVER SPECIFICATION IS NEEDED.
>> MY PRIMARY CONCERN IS THE SPECIAL CONDITION THAT I DON'T SEE AT ALL.
[NOISE] ANY OTHER COMMENTS? ALICE, ANYTHING? SINCE [OVERLAPPING] I FORGOT TO LOOK FOR YOUR HAND RAISED.
>> OKAY. IF THERE ARE NO OTHER DISCUSSION, YES PHIL, WE ALL APPROVE THE VARIANCE IN ALL VOTE.
WE'LL DENY THE MOTION TO APPROVE.
IF STAFF WILL CALL ROLL PLEASE?
>> WE HAVE THREE YES VOTES, ONE OPPOSED, ONE ABSTAINED, THE MOTION PASSES.
>> [OVERLAPPING] NO, THE MOTION DOES NOT PASS.
>> DOES NOT PASS. IN ORDER TO PASS IT NEEDS FOUR AFFIRMATIVE VOTES.
>> YOU HAVE TO HAVE FOUR AFFIRMATIVE VOTES FOR THE MOTION TO PASS.
>> THAT MOTION FAILS FOR LACK OF FOUR AFFIRMATIVE VOTES.
YOU CAN ENTERTAIN ANOTHER MOTION, OR THIS CASE CAN BE CLOSED.
>> WHAT OTHER MOTION COULD THERE BE? SOMEBODY HELP ME.
>> YEAH. WE'VE GOT TWO OTHER CHOICES, ONE DOESN'T ACCOMPLISH THAT MUCH AND THAT WOULD BE TO TABLE THE MOTION UNTIL THE NEXT MEETING.
I DON'T SEE THE CHANGE THAT THAT WOULD ACCOMPLISH, BUT I'LL CERTAINLY ENTERTAIN THAT MOTION IF THAT'S MADE.
THE OTHER ONE IS TO DENY THE VARIANCE.
>> I'D LIKE TO MOVE IT AND TABLE IT UNTIL THE NEXT MEETING.
>> CAN I ASK A QUESTION? I GUESS MAYBE TONY DIDN'T PROMPTLY TELL ME ON THIS ONE.
IF THIS MOTION FAILS HERE, WHAT IS THE OPTION? CAN IT COME BEFORE THE COUNCIL?
>> THE MOTION HAS FAILED, SO SHE SAYS THE FIRST MOTION HAS FAILED SO THERE'S NO IF.
THIS IS THE ZBA, SORRY, ZONING BOARD OF ADJUSTMENT, IT'S A QUASAR JUDICIAL BOARD.
SO ANY APPEAL FROM THIS BOARD WOULD BE IN THE DISTRICT COURT SETTING.
BECAUSE THESE VARIANCES, THEY ACTUALLY RUN WITH NO END SO IT'S NOT JUST THIS PARTICULAR [OVERLAPPING].
>> THE APPLICANT HAS NO OTHER CHOICE THAN TO GO TO THE COURTS IS WHAT YOU'RE SAYING?
>> IF HE WANTS TO APPEAL THAT DECISION, THAT JUST HAPPENED? YES.
>> IF WE VOTE TO TABLE IT, DOES THAT NEGATE THE NO VOTE.
>> IN TABLING IT, IT WOULD BE IMPORTANT TO PUT A REASON FOR TABLING IT.
YOU'VE ALREADY VOTED ON THAT MOTION, SO WHAT WOULD BE THE TABLING? IF YOU UNDERSTAND?
>> WELL, I WOULD LIKE TO TABLE IT BECAUSE WE HAD ONE MEMBER OF OUR GROUP ABSTAINING, WHICH EVEN WHEN WE HAD THREE-QUARTERS OF THE VOTES AGAINST SUN,
[00:40:08]
I UNDERSTAND YOU GOT TO HAVE FOUR.>> IT'S NOT TABLING THAT I'M HEARING.
IT'S A MOTION FOR RECONSIDERATION IS REALLY WHAT I'M HEARING. [OVERLAPPING].
>> IS THERE A MOTION FOR RECONSIDERATION?
>> MOTION FOR RECONSIDERATION CAN BE MADE BY COMMISSIONER WHO HAS PREVAILED IN THEIR ORIGINAL MOTION OR AT THE BEQUEST OF THE CHAIRMAN FOR THE RECONSIDERATION TO BE HEARD AND THE MOTION FOR RECONSIDERATION WILL BE HEARD AT THE NEXT AVAILABLE ZBA MEETING IF THE BOARD AGREES ON A MOTION TO RECONSIDER, AND THAT CAN BE TAKEN UP AT THE NEXT MEETING.
>> YES, IT WOULD AND YOU CAN MAKE THAT.
I BELIEVE IT WILL MAKE THE MOTION FOR RECONSIDERATION AT THE NEXT HEARING, AT THE NEXT ZBA MEETING.
>> CAN YOU DO IT NOW? JUST CURIOUS.
>> I DON'T THINK THAT WOULD PASS THROUGH BUT.
>> THERE'S TWO REAL MEMBERS OF THE BOARD THAT AREN'T HERE RIGHT NOW.
>> THAT DOESN'T MATTER, YOU'RE REAL TODAY.
>> NO, NO, I AM REAL TODAY, BUT I'M HOPING THAT THERE MIGHT BE SOME MORE REAL PEOPLE THAT COME THE NEXT TIME.
>> IT MAY NOT MAKE A DIFFERENCE.
>> IT'S THE BOARD THAT IS PRESENT TO HEAR THE CASE TODAY.
>> BUT YOU'RE SAYING THAT IT COULD COME UP FOR RECONSIDERATION, YOU COULD MAKE THE MOTION.
>> NO ONE CAN MAKE THE MOTION RECONSIDERATION AT THE NEXT HEARING AND THAT WOULD NEED TO BE VOTED ON AT THE NEXT HEARING.
>> IS IT ONLY BILL THAT CAN MAKE THE MOTION FOR RECONSIDERATION? I DON'T UNDERSTAND.
>> I WOULD HAVE TO BE THE ONE THAT ASKS FOR RECONSIDERATION, YES.
>> I GUESS AT THIS POINT FOR TODAY, THE MOTIONS FAIL.
THE MOTION TO TABLE IS APPROPRIATE AT THIS POINT AND UNLESS WE HAVE A MOTION TO DENY AS THIS POINT THAT WOULD DENY THE APPLICATION FOR THE VARIANCE.
THAT WOULD BE THE OPPOSITE OF WHAT YOU WANT.
>> CORRECT AND WE'VE ALREADY ESSENTIALLY DENIED IT BECAUSE WE DIDN'T VOTE TO ALLOW IT.
THERE'S A LITTLE BIT OF A DIFFERENCE IF THERE'S AN IMPROVED, IF THERE'S A NO THAT FAILS FOR LACK OF FOUR FROM THE BOARD, THE APPLICANT COULD REALLY APPLY.
IF THERE'S AN APPLICATION THAT'S DENIED, THE APPLICANT CANNOT REAPPLY FOR SIX MONTHS AND AN EXTENSION DOESN'T CHANGE ANYTHING.
>> IT SAYS IF SHE WASN'T HERE, WHICH IS FINE.
IF YOU HAVE ANY, SHE KNOWS ABOUT BOTH SIDES OR DON'T HAVE AN OPINION THEN AN ABSTENTION IS TOTALLY APPROPRIATE.
REGARDLESS, IF WE WERE SHORT ONE MORE MEMBER, IN OTHER WORDS, IF THERE WERE ONLY FOUR OF US HERE, IT WOULD HAVE REQUIRED FOUR AFFIRMATIVE VOTES TO PASS.
IT'S NOT BASED ON A QUORUM OR A MAJORITY OR ANYTHING LIKE THAT, OR THE FOLKS PRESENT, IT'S BASED ON HAVING A MINIMUM. WHAT'S THE PERCENTAGE?
>> 75 PERCENT OF THE MEMBERS AUTHORIZED ON THE BOARD.
IN OUR CASE, THERE HAVE TO BE FOUR OF THE FIVE.
ALL RIGHT. IS THERE ANYTHING ELSE FROM STAFF TODAY THAT WE NEED TO CONSIDER? ALL RIGHT. WE'LL ADJOURN THE MEETING OF THE ZONING BOARD.
* This transcript was compiled from uncorrected Closed Captioning.