[00:00:01]
>> WE CAN GO AHEAD AND START WITH WHO WE HAVE OR WE COULD GIVE BILL A COUPLE OF MINUTES.
[Zoning Board of Adjustments on August 4, 2021.]
>> ROBERT GIRNDT, STAFF IS READY.
MY NAME IS ROBERT GIRNDT AND I'M THE VICE-CHAIR OF THE ZONING BOARD OF ADJUSTMENTS HERE IN GALVESTON.
WE DO HAVE A QUORUM, I GUESS THAT MEANS ALSO THAT OUR ALTERNATE WILL HAVE TO ACT.
>> THAT'S RIGHT. PATRICK IS GOING TO DO A ROLL CALL TO CONFIRM ATTENDANCE.
>> ALL RIGHT. THAT'LL BE FINE, LET'S GO AHEAD.
>> WITH MR. CLEMENT ABSENT, MISS SYLER WILL BE A VOTING MEMBER UNTIL HE ARRIVES.
>> ALL RIGHT. THANK YOU VERY MUCH.
ITEM NUMBER 3, CONFLICT OF INTEREST.
ANYONE HAVE A CONFLICT OF INTEREST FOR ANY OF THE, I GUESS, TWO CASES THAT ARE BEFORE US TODAY? I'M HEARING NONE. APPROVAL OF MINUTES FROM JUNE 9TH, 2021. DO I HEAR A MOTION?
>> I HAVE A MOTION AND A SECOND.
>> MOTIONED BY BARBARA RAILEY, SECONDED BY ANDREW GALLETTI.
>> THEN ALL IN FAVOR OF THE APPROVAL OF MINUTES RAISE YOUR-
>> HOWEVER YOU'RE GOING TO DO IT. [LAUGHTER] ALL OPPOSED? THE MOTION CARRIES. NEXT ONE IS MEETING FORMAT. CATHERINE?
>> WE ARE IN A HYBRID MEETING FORMAT.
AS YOU CAN SEE, WE HAVE SOME MEMBERS IN ATTENDANCE AND SOME MEMBERS PARTICIPATING VIA ZOOM.
WE HAVE RETURNED TO CHAMBERS, THE LAST SEVERAL OF OUR IN-PERSON MEETINGS WERE HELD IN ROOM 204.
SO IT'S NICE TO BE BACK IN THIS ROOM AFTER A YEAR AND SOME MONTHS.
BECAUSE WE ARE IN A HYBRID METHOD TODAY, I THINK WE'LL CONTINUE TO DO THE VOTES BY ROLL CALL.
PATRICK WILL DO THE VOTES AS WE HAVE BEEN DOING AND THEN I ALSO WOULD LIKE TO ANNOUNCE TO THE GROUP THAT THE SUSPENSION OF THE OPEN MEETINGS ACT THAT ALLOWS US TO DO THESE HYBRID MEETINGS IS SET TO EXPIRE IN SEPTEMBER, SEPTEMBER 1ST.
SO OUR NEXT MEETING, WE WON'T HAVE THE OPTION TO DO THE VIRTUAL ASPECT ANY LONGER, AND SO WE WILL BE BACK IN-PERSON AND BACK IN CHAMBERS.
ITEM NUMBER 6, REQUEST TO ADDRESS THE BOARD ON AGENDA ITEMS WITHOUT PUBLIC HEARINGS AND NON-AGENDA ITEMS. ANYONE? NOTHING ONLINE OR ANYTHING?
>> NO. WE DON'T HAVE ANY MEMBERS OF THE PUBLIC PARTICIPATING BY ZOOM, WE ONLY HAVE MEMBERS OF STAFF AND THE COMMISSIONERS.
>> ALL RIGHT. WE'LL ROLL RIGHT INTO NEW BUSINESS AND ASSOCIATED PUBLIC HEARINGS. FIRST ONE?
HE'S ON THE LINE. THERE HE GOES.
>> ALL RIGHT. IF EVERYONE IS READY, I'M GOING TO START WITH 21Z-009.
THIS IS A SPECIAL EXCEPTION REQUEST WHICH I DON'T KNOW IF DBA HAS A LOT OF THEM ASKED.
THIS IS A REQUEST TO PROCURING SOME [INAUDIBLE] REQUIREMENT.
THERE WERE 25 PUBLIC NOTICES, NEITHER OF THOSE WERE RETURNED, TWO IN FAVOR, THREE OPPOSED.
FOR THE EXECUTIVE SUMMARY, THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION FROM ARTICLE 3 ADDENDUM IN ORDER TO REDUCE THE FRONT YARD SETBACK IN LAS PALMAS STREET FROM 20 FEET TO 10 FEET IN ORDER TO INCREASE THE LOT AREA.
THE YARD IS APPROXIMATELY A 100 FEET WIDE AND 80 FEET DEEP WITH DUNE SYSTEMS AND ASSOCIATED BUFFER REQUIRING APPROXIMATELY 70-75 FEET OF THAT WIDTH.
THE APPLICANT PREVIOUSLY MADE VARIANT REQUEST ON APRIL 7, 2021 UNDER CASE 21Z-003.
[00:05:03]
THAT MOTION FAILED DUE TO LACK OF AFFIRMATIVE VOTES.WHICH MEANS, NO ACTION WAS FORMALLY TAKEN.
BUT THE APPLICANT HAS JUST SUBMITTED A NEW REQUEST FOR A SPECIAL EXCEPTION.
AS NOTED IN YOUR STAFF REPORT THE SETBACK REQUIREMENTS THAT WOULD NORMALLY BE IN PLAY, WHICH WOULD BE A 20 FEET FRONT, THREE FEET SIDE SETBACK AND 10 FEET REAR SETBACK.
THE SPECIAL EXCEPTION REQUEST WAS REDUCE THE FRONT SETBACK FROM 20 FEET TO 10 FEET.
PLEASE ALSO NOTE THAT THE STAFF REPORT WITH A DEVELOPMENT REGULATION REQUIREMENT OVER THE SPECIAL EXCEPTION IN TERMS OF ADJUSTMENT.
SORRY ABOUT THAT. REMIND ME TO [INAUDIBLE].
I ALSO HAVE THE APPLICANT'S JUSTIFICATION, WHICH I WILL READ.
THE ADJACENT LOTS HAVE SETBACKS LESS THEN 20 FEET.
THE HOME TO THE EAST SITS 5.4 FEET FROM THE PROPERTY LINE.
THE HOME TO THE NORTH SITS 12’ FROM THE PROPERTY LINES.
THE HOME THAT IS THREE HOMES TO THE NORTH ON THE SAME BLOCK IS 10 FEET FROM THE PROPERTY LINE AS WELL AS THE ADJACENT HOME TO THE EAST BEING AT LESS THAN SIX FEET FROM THE PROPERTY LINE.
BOTH OF THOSE HOMES ARE ON THE SAME BLOCK.
BY GRANTING THIS SPECIAL EXCEPTION, IT WILL ALLOW ME TO BUILD A HOME AND AT THE SAME TIME MINIMIZE THE FOOTPRINT THAT WILL BE DIRECTLY IN FRONT OF THE HOME DIRECTLY ADJACENT TO THE NORTH.
THE HOMES IN THIS NEIGHBORHOOD WERE STAGGERED SO AS NOT TO SIT DIRECTLY IN FRONT OF THE ONES NEXT DOOR.
WITH THE SPECIAL EXCEPTION, IT ALLOWS ME TO DO THE SAME AND NOT TOTALLY BLOCK THE VIEW OF THAT HOME.
THE APPLICANT ALSO [INAUDIBLE] JUSTIFICATION FOR YOUR CONSIDERATION.
WE HAVE THE SUBJECT PROPERTY SHOWING THE GENERAL ORIENTATION OF HOUSES ALONG LAS PALMAS [INAUDIBLE] SHOWING THE COMPLETE AREA AND SHOWING THE APPROXIMATE PROPERTY LINE AND SHOWING THE HOUSES ON BOTH SIDES OF THE STREET AND THEIR RELATIVE LOCATIONS TO THE PROPERTY LINE.
NEXT SLIDE, PLEASE. I BELIEVE THAT CONCLUDES THIS CASE.
>> ALL RIGHT. THANK YOU VERY MUCH.
AT THIS TIME, I'D OPEN UP THE PUBLIC HEARING.
I DON'T DO THIS MUCH. SO WE'RE GOING TO OPEN A PUBLIC HEARING.
>> DOES ANYONE HAVE ANY QUESTIONS FOR STAFF? SORRY. ANDREW.
>> I'M SORRY. QUESTIONS FOR STAFF.
BASICALLY, THIS IS THE THING WHEN WE REVIEWED EARLIER.
THAT'S THE SAME THING; IS THAT CORRECT, PATRICK?
>> I BELIEVE SO. THE LACK OF A VOTE, SO FORMAL ACTION WAS TAKEN KNOW WHAT A LEFT DURATION.
IN THIS CASE THAT WOULD BE MORE APPROPRIATE THE VERY SPECIAL.
>> WHAT I'M SAYING IS THAT [INAUDIBLE] ALL RIGHT. NOT VERY.
>> WELL KNOWN FOR FOUR CORNERSTONES, WORK WITH THE FLOW AND DEVELOPMENT REGULATION. THANK YOU.
>> COMMISSIONER IF YOU LOOK AT YOUR PACKET AT THE LAST PAGE OF THIS PARTICULAR CASE,
[00:10:08]
THE CRITERIA FOR A SPECIAL EXCEPTION IS THERE.THE COMMISSIONERS CAN REFER TO THE LAST PAGE OF THIS STAFF REPORT CASE WITH THE CRITERIA THAT'S NEEDED FOR A SPECIAL EXCEPTION.
>> I HAVE A QUESTION. DID I HEAR YOU CORRECTLY THAT THESE HOUSES ARE BEING STAGNATED, SOME ARE THREE FEET FROM THE PROPERTY LINE, SOME 10 FEET?
>> [INAUDIBLE] DID YOU HAVE [INAUDIBLE] YOU HAVE OBLIQUE AERIAL THAT SHOWED THAT OVERALL [INAUDIBLE]
>> BUT THE ROLE OF THE HOUSES THAT WERE SAYING IT'S NOT UNIFORM THEY'RE STAGNATED.
WHAT I'M ASKING, IS THAT CORRECT?
>> YEAH, THAT'S CORRECT [INAUDIBLE].
>> YOU COULD SEE THAT FOR EXAMPLE ARE PROPORTIONAL BY OTHER LINKS [INAUDIBLE]
>> WHAT IMPORTANT I'M LEADING TO THERE IS NO UNIFORMITY THERE AS I SEE IT. THANK YOU.
>> IS THERE ANY MORE QUESTIONS FOR STAFF? I'M GETTING NONE NOW. I WILL ACTUALLY OPEN UP THE PUBLIC HEARING.
HOW ABOUT THAT? WOULD INVITE IF THE APPLICANT IN THE ROOM? COME ON FORWARD, SIR.
PLEASE STATE YOUR NAME AND SIGN IN.
>> [NOISE] WELL, GOOD AFTERNOON. I'M [INAUDIBLE].
I'M THE APPLICANT AND I APPRECIATE THE TIME THAT YOU'VE GIVEN ME TO PRESENT THIS.
THIS IS A MUCH BETTER SETTING BEING HYBRID THAN IT WAS IN APRIL.
I'LL GET TO THAT IN A MINUTE, BUT JUST TO REFRESH YOUR MEMORY ON ON THIS, MY FAMILY HAS OWNED THAT PROPERTY SINCE 1977, MY MOM PURCHASED IT.
THE INTENT ALL ALONG WAS TO BUILD ON THAT PROPERTY, BUT BECAUSE OF CIRCUMSTANCES IN HER LIFE AND SHE DIDN'T HAVE THE FINANCIAL MEANS TO DO IT, SHE PASSED AWAY IN 2016.
I HAD BEEN PAYING THE TAXES ON IT FOR 20 PLUS YEARS.
IN 2019, I GOT A NOTICE FROM THE GALVESTON COUNTY TAXING AUTHORITY THAT THEY HAD INCREASED THE TAX RATE ON THAT PROPERTY FROM SEVEN DOLLARS A SQUARE FOOT TO $20 A SQUARE FOOT.
THEY TRIPLED IT AND I DECIDED, I'M ABOUT TO RETIRE, NOW'S THE TIME TO BUILD TO GET SOME VALUE OUT OF A PROPERTY THAT WE'VE BEEN PAYING TAXES ON FOR 40 YEARS.
I HAVE TO BACK UP A LITTLE BIT.
AS YOU SAW ON THAT, IT'S A CORNER LOT.
THERE WHERE LOST PALMS TURNED A CORNER AND WENT TO VISTA AND THEY JOIN SO THERE'S TWO CORNER LOTS FACING SOUTH AND THIS IS ONE OF THEM.
WHEN HURRICANE IKE CAME THROUGH AND DESTROYED THE ENTIRE DUNE SYSTEM AND MOVED ALL OF THAT SAND LANDWARD, AS WELL AS A LOT OF SAND FROM THE ADJACENT PROPERTIES, WHEN THEY BROUGHT THAT SAND BACK, THEY DUMPED IT ON THAT ROAD WHICH NO LONGER EXISTS NOW AND AT THE SAME TIME, THEY DUMPED IT ON OUR LOT.
2007, 2008, WHATEVER IT WAS, THERE WAS A LOT GOING ON IN GALVESTON.
THE LEAST OF OUR WORRIES WAS SAND ON OUR LOT AND WE DIDN'T THINK IT WOULD BE A BIG DEAL.
I DECIDE I NEED TO BUILD A HOUSE.
WELL, THE FIRST THING I NEED TO DO IS GET SAND OFF MY LOT THAT I NEVER TOLD ANYBODY THAT COULD PUT THERE.
I CONSIDER MYSELF TO BE A RULE FOLLOWER AND A SCOUT MASTER FOR 23 YEARS AND A AIR FORCE OFFICER, I DECIDED I NEED TO MOVE THE SAND IN THE DUNES STRUCTURE.
IF YOU LOOK AT ONE OF THE PICTURES IN THERE, YOU CAN SEE WHERE THE SAND I HIRED A GUY TO PUSH THE SAND INTO THE DUNE SYSTEM.
NOT REMOVE IT, BUT PUT IT WHERE I THOUGHT IT SHOULD HAVE BEEN.
WELL, WITHIN A VERY SHORT TIME, I FOUND OUT THAT I CAN'T DO THAT.
[00:15:04]
IT'S BEEN A LONG PROCESS, BUT BACK LAST MONTH, I MET THE PLANNING COMMISSION AND HAD A APPROVAL TO MITIGATE THAT WITH OFFSITE SAND AND VEGETATION BUT AS THE LOT SITS TODAY, IT'S ENCUMBERED BY THE GENERAL LAND OFFICE OR THE CITY OF GALVESTON LAND USE REGULATIONS AT ALMOST 60 PERCENT.IF YOU LOOK AT THE PICTURES, MY INTENT WAS TO BUILD ON THE EAST SIDE OF THE LOT FACING TO THE SOUTHWEST, SO I DIDN'T TAKE AWAY THE VIEW OF THE HOUSE TO THE NORTH.
WELL, I CAN'T DO THAT, THE ONLY BUILDABLE PART OF THE PROPERTY IS THE WEST SIDE.
IN ORDER TO BE ABLE TO PUT PAVEMENT UNDER ANY OF THE HOUSE ON THE EAST SIDE, WHICH IS TO THE STREET, I HAD IT SET 10 FEET INSIDE OF THAT 20-FOOT BUILDING LINE SO THAT I COULD HAVE A ONE CAR GARAGE, AND ENTRY UNDERNEATH WAS STAIRS GOING INTO THE HOME, AS WELL AS A SMALL SHOWER AREA.
BUT 50 PERCENT OF IT WILL NEVER HAVE PAVEMENT UNDER IT BECAUSE OF THE 25-FOOT OFFSET FROM THE NORTH TOWARD THE DUNE.
I CAN'T HAVE ANY FIBBER CREATE UNDER THERE BUT STILL IT ALLOWS ME TO BE ABLE TO PUT THAT.
I WAS TOLD I NEEDED A VARIANCE TO DO THAT.
I FILLED OUT THE VARIANCE FORM AND CAME BEFORE YOU GUYS IN APRIL.
I JUST WANT YOU TO KNOW THAT FROM MY STANDPOINT THAT DAY, IT'S ON ZOOM, BUT I'M NOT ON ZOOM, I'M ONLY ON A PHONE CALL AND I'M WATCHING IT ON FACEBOOK AND THE ONLY TWO PEOPLE THAT I COULD SEE WAS YOU MA'AM AND MR. GLADY.
THE OTHER THREE I COULDN'T SEE.
THERE WAS NO SOUND, NO AUDIO ON FACEBOOK THAT DAY.
ALL I HAD WAS MY PHONE AND THERE'S A 30 SECOND LAG AND I WAS TRYING TO MAKE THE POINT THAT THE EXISTING HOMES, LIKE YOU SAID, SIR, ARE ALL STAGGERED, THAT THERE'S NO UNIFORMITY TO THEM.
I APPRECIATE IT. I GOT THREE VOTES.
I THOUGHT OKAY, "I WON" BUT THEN I WAS INFORMED THAT NO, I NEEDED FOUR VOTES AND I SAID, "WHERE IS THAT WRITTEN?" THEY SAID THE GALVESTON LAND USE REGULATIONS.
I DECIDED I GUESS IT'S TIME TO READ THAT AND I DID.
WHAT IT LED ME TO, WAS THAT SECTION ABOUT A SPECIAL EXCEPTION WHICH IS BENEATH VARIANCE.
I THINK YOU HAVE A COPY, BUT I JUST WANT TO SHOW YOU.
THIS IS THE APPLICATION THAT YOU FILL OUT FOR VARIANCES.
I DON'T KNOW IF YOU GUYS HAVE EVER SEEN IT, BUT I'VE HAD TO DO IT.
IT REQUIRES QUITE A BIT OF INFORMATION AND JUSTIFICATION.
THE APPLICATION FOR A SPECIAL EXCEPTION.
THAT'S IT, IT'S PRETTY OBJECTIVE.
I BELIEVE THAT THAT THE PEOPLE THAT WROTE THE REGULATION AND CODIFIED THIS, I THINK THEY WROTE IT FOR THIS EXACT REASON BECAUSE THIS IS AN OLDER NEIGHBORHOOD AND THESE HOMES DON'T MEET THAT 20-FOOT BUILDING LINE.
I'VE WALKED AROUND AND TAKING PICTURES OF THE HOMES AND YOU CAN SEE IT FROM THAT BIRD'S EYE VIEW, THERE ARE HOMES ON THAT BLOCK THAT ARE PROBABLY INSIDE OF FIVE FEET FROM THE PROPERTY LINE.
I HIGHLIGHTED TWO PARTS OF THAT SPECIAL EXCEPTION.
THE FIRST PART IS THE FRONT YARD SETBACK OF 20-FEET WHERE IT SAYS IF THE ADJACENT HOMES DON'T MEET THAT 20-FOOT BUILDING LINE, THEN YOU CAN BE GRANTED A SPECIAL EXCEPTION.
NUMBER 4, IS IF THE MAJORITY OF THE HOMES AREN'T UNIFORM AND HAVE LESS THAN A 20-FOOT OFFSET, THE MINIMUM OFFSET OF ANY OF THOSE HOUSES BECOMES THE NEW NORM.
IF YOU LOOK ON VISTA, LIKE I SAID, SOME OF THOSE ARE PROBABLY INSIDE OF FIVE FEET, BUT I CAN'T TELL BECAUSE I KNOW WHERE THE SEWER TIE-INS ARE IN RELATION TO WHERE THE BUILDING LINES ARE, SO I CAN WALK AROUND AND TELL, THAT'S WELL INSIDE 10 FEET, BUT I CAN'T UNLESS I HIRED A SURVEY AND THE PEOPLE ALLOWED ME TO DO IT.
BUT WHEN I GOT THE SURVEY OF MY PROPERTY, I ASKED THE SURVEYOR TO PUT THE ADJACENT HOME TO THE EAST ON IT BECAUSE I KNEW IT WAS INSIDE OF THAT.
IT'S ACTUALLY 6.4 FEET, NOT 5.4 FEET.
THAT PROPERTY IS BUILT 6.4 FEET FROM THE PROPERTY LINE TO MY EAST.
[00:20:01]
LIKE I SAID, IT IN MY HUMBLE OPINION, THE REASON THEY PUT THIS IS BECAUSE OF THIS VERY REASON.IT DOESN'T HAMSTRING MEET WHERE I HAVE TO BUILD A HOUSE THAT MAY HAVE BEEN OFFSET FOR WHATEVER REASON THAT I HAVE TO PUT IT RIGHT IN FRONT OF THAT HOUSE A 100 PERCENT FIVE FEET FROM IT BY GAINING AN OFFSET CLOSER TO THE STREET.
THE BUILDING LINES 23 FEET FROM THE STREET.
EVEN AT SEVEN FEET BEING THE MINIMUM, THAT WOULD STILL PUT ME AT 30 FEET FROM THE STREET.
IT ALLOWS ME TO BE ABLE TO BUILD A HOME WITH SOME PAVEMENT UNDER IT AFTER 44 YEARS AND ALSO IT DOESN'T TAKE AWAY THE VIEW.
I HAVE THIS DRAWING THAT SHOWS WITH A 10-FOOT OFFSET HOW IT WOULDN'T TOTALLY TAKE AWAY THE VIEW OF THE EXISTING HOME TO THE NORTH.
AGAIN, I RESPECTFULLY ASK YOU TO CONSIDER THIS AND IF YOU'RE CONSIDERING NOT GIVING IT TO ME, PLEASE LET ME KNOW SO THAT WE CAN TALK ABOUT WHY.
BUT LIKE I SAID, IT'S A PRETTY OBJECTIVE THING AND I BELIEVE IT'S FOR THIS EXACT REASON.
>> THANK YOU VERY MUCH. DOES ANYONE HAVE QUESTIONS FOR THE APPLICANT?
>> NO, AND IT'S FUNNY THAT YOU WOULD MENTION THAT THE TWO PHASES OF YOUR QUESTION, THE ATTORNEY PART, I GOT TO TELL YOU A LOT OF SLEEPLESS NIGHTS, ANXIETY, WORRYING ABOUT HOW AM I GOING TO BE ABLE TO DO THIS WITH ALL THIS PROPERTY, MAYBE I SHOULD JUST CALL AN ATTORNEY AND GET AN ATTORNEY INVOLVED.
BUT I HAVEN'T DONE THAT. I'VE TRIED TO DO IT THROUGH THE PROCESS AND I'M PAYING TOP DOLLAR ON LAND THAT I CAN'T EVEN USE BECAUSE IT HAS SAND ON IT THAT WAS PUT THERE, IN MY TERMS, ILLEGALLY.
BUT I CAN TELL YOU THAT WHEN THOSE STORMS HIT, PART OF ME WAS SAYING, WOW, WELL, I JUST HOPE IT REMOVES ALL THE SAND, AND THEN THERE'S NO WAY THEY'RE PUTTING ANY SAND ON THIS SLIDE, BUT I CAN'T WAIT AROUND FOR THAT.
I'M HOPING THAT IF I'M GRANTED THIS SPECIAL EXCEPTION, I CAN BUILD SOMETHING THAT'S NICE AND I DON'T TAKE AWAY THE VIEW.
ONE OF THE REQUIREMENTS IS THAT IT DOESN'T DEGRADE THE VALUE OF THE ADJACENT PROPERTIES.
I THINK THAT'S IN THE SPECIAL EXCEPTION REQUIREMENT AND BY NOT TAKING AWAY THE VIEW OF THAT HOME ON THE NORTH, I BELIEVE IT CERTAINLY DOESN'T DEGRADE.
[BACKGROUND] NO, THAT'S NOT A RESTRICTION.
NO. I'M SAYING I'M TRYING TO PREVENT THAT BY MOVING IT.
>> AS FAR AS BEACH ACCESS GOES [INAUDIBLE] RULES HAD NOTHING TO DO WITH PRIVATE PROPERTY OTHER THAN IF THERE ARE NO CARS AROUND ON THE BEACH, PEOPLE CAN WALK ON THIS PROPERTY NO MATTER WHAT THE BOUNDARIES ARE, SO IT'S [INAUDIBLE] ISSUE AS FAR AS THAT GOES.
>> I DO HAVE A QUESTION. YOU STATED THAT THE PLANNING COMMISSION?
>> GAVE YOU PERMISSION OR GRANTED YOU PERMISSION TO BUILD?
>> WELL, I HAD TO SUBMIT A PROPOSAL FOR OFF-SITE MITIGATION, WHICH I DID THAT AND WE MET IN THE ROOM NEXT DOOR.
WE MET AT THE END OF JULY, AND THEY DON'T REALLY PASS BECAUSE THEY DON'T VOTE,
[00:25:02]
BUT THAT WAS ACCEPTED.I'M JUST WAITING TILL THE END OF THE STORM SEASON BEFORE I START BRINGING IN SAND AND TRANSPLANTING PLANTS.
>> I GUESS MAYBE I'M JUST CONFUSED.
THEY DIDN'T GIVE YOU PERMISSION TO BUILD YOUR HOME?
THAT WAS MY PENANCE FOR MOVING THE SAND ON MY OWN LOT.
TO GO TO THE PLANNING COMMISSION HAS TO HAPPEN AFTER YOU GUYS MAKE A DECISION AND THEN I DECIDE WHERE TO GO FROM THERE.
>> MY SECOND QUESTION, I DON'T KNOW MUCH ABOUT LIVING ON THE BEACH I DON'T HAVE A HOUSE ON THE BEACH, I HAVE A HOME IN TOWN HERE.
BUT YOU SAID WHAT PERCENT OF YOUR LOT IS ENCUMBERED ALREADY NOW BY THE [OVERLAPPING] 60 PERCENT?
>> ARE YOU GOING TO BE ABLE TO FOLLOW THE SIDE SETBACKS THAT YOU NEED TO?
>> DOES THE GLO HAVE ANYTHING TO SAY ABOUT YOU BUILDING A HOME ON THAT PROPERTY?
>> YES, SIR. THAT'S THE REASON THAT I HAVE TO GO BEFORE THE PLANNING COMMISSION.
I'VE ALREADY SUBMITTED ALL OF THAT, BUT THE REASON THAT I COULDN'T GO FORWARD WAS BECAUSE AT THE TIME THEY TOLD ME I NEEDED A VARIANCE, BECAUSE WHERE I HAD PLACED THE HOME ON THE PROPERTY, THE GLO CAME OUT AND ACCEPTED EVERYTHING WITH RESTRICTIONS, THE THINGS I WAS GOING TO NEED TO FOLLOW, BUT BECAUSE I HAD PLACED IT ON THE PROPERTY 10 FEET INSIDE OF THAT 20-FOOT BUILDING LINE, THAT'S WHERE THEY SAID, ''YOU NEED TO ASK FOR A VARIANCE,'' SO THAT'S WHAT TOOK ME TO THE VARIANCE IN APRIL.
THEN READING THE ACTUAL REGULATIONS, I WENT, WOW, I SHOULDN'T HAVE ASKED FOR VARIANCE, I SHOULD HAVE ASKED FOR A SPECIAL EXCEPTION WHICH IS REALLY OBJECTIVE.
YOU EITHER MEET IT OR YOU DON'T.
>> THEY WERE YOUR FIRST STOP? PRETTY MUCH.
>> [OVERLAPPING] BEFORE YOU CAN BUILD A HOUSE.
YOUR STOP 1B NOW, BECAUSE ALREADY CAME 1A. YES, SIR.
>> I GOT YOU. DOES ANYONE ELSE HAVE ANY OTHER QUESTIONS? I'LL GET THE [INAUDIBLE] ALL RIGHT. THANK YOU.
>> NOW, DOES ANYONE ELSE IN THE AUDIENCE OR MAYBE ONLINE? WE DON'T HAVE ANY PUBLIC ONLINE. NEVER MIND.
ANYONE ELSE WOULD LIKE TO SPEAK TO THIS? MA'AM YOU HAD YOUR HAND UP.
PLEASE APPROACH THE MICROPHONE, STATE YOUR NAME.
>> HI. I'M REBECCA KING, AND I OWN ONE OF THE HOUSES NORTH OF MR. RUSHING'S HOUSE.
I WOULD LIKE TO SEE THE PICTURE THAT HE SHOWED YOU THAT DEMONSTRATES IT'S NOT GOING TO BLOCK OUR VIEW OF THE GULF, BECAUSE WE HAVE A VERY LITTLE SPOT TO SEE THE GULF ANYWAY FROM OUR HOUSE.
WE'RE THE FOURTH HOUSE BACK AND WE ARE ON THE EAST SIDE OF THE STREET.
THE HOUSE THAT HE'S REFERRING TO THAT'S ON THE EAST SIDE OF THIS PROPERTY WAS COMPLETELY OPEN TO THE GULF WHEN THE HURRICANE HIT, AND THEY BROUGHT IN SOIL AND SAND AND EVERYTHING UNDER THEIR PIERS, AND THEY ARE RIGHT ON THE DUNE.
MY HUSBAND AND I DON'T REALLY UNDERSTAND WHAT THE RULES ARE.
WE WERE TOLD WHEN WE BOUGHT OUT THERE THAT YOUR HOUSE HAS TO BE A CERTAIN DISTANCE FROM HIGH TIDE OR YOU CANNOT REBUILD YOUR HOUSE.
AFTER THE HURRICANE, FIRST, IT WAS ANNOUNCED THESE PEOPLE WHOSE HOUSES ARE OUT THERE WITH WATER UNDER THEM ARE NOT GOING TO BE ABLE TO REBUILD AND THEY HAVE ALL BEEN ALLOWED TO REBUILD.
I DON'T KNOW IF THAT'S GOOD OR BAD, I'M CONFUSED ABOUT THE RULES THAT WE ARE FOLLOWING, AND WE ALSO KNOW THAT THERE HAVE BEEN TWO STREETS IN FRONT OF MR. RUSHING THAT HAVE ALL THOSE HOMES HAVE BEEN LOST TO STORMS. THOSE PEOPLE HAD PROPERTY AND IT WAS TAKEN BY STORMS. WE'RE JUST CONFUSED ABOUT WHAT THE RULES ARE AND WE ALSO JUST DON'T KNOW WHAT THE REPERCUSSIONS OF ANOTHER STORM COMING,
[00:30:01]
AND ANOTHER BIG HOUSE UP THERE, AND IS IT GOING TO BLOCK OUR VIEW? THE HOUSES ON THE WEST SIDE OF THE STREET ARE ALL IN LINE.IF YOU NOTICED ON THAT PICTURE, THEY ARE NOT JAGGED IN AND OUT ON THAT SIDE, AND ONE OF THOSE NEIGHBORS, PETER AND MICHELLE JUST SPENT AN ENORMOUS AMOUNT OF MONEY REDOING THEIR HOUSE AND PUTTING BIG DECKS OUT THERE, AND THEIRS IS THE BRIGHT BLUE HOUSE THAT YOU COULD SEE IN THE PHOTOGRAPHS.
THEY'RE VERY CONCERNED ABOUT IF A HOUSE IS MOVED UP CLOSER TO THE STREET AND BUILT THERE, WHAT'S IT GOING DO TO THEIR VIEW OF THE GULF? THAT'S ALL THAT I WANTED TO COME AND STATE AND TRY AND FIGURE OUT WHAT THE RULES ARE.
>> I APPRECIATE YOUR CONCERN, AND I DON'T [OVERLAPPING] HANG ON JUST A SECOND, PLEASE.
>> WHAT'S THE OPPORTUNITY FOR THE PUBLIC TO [OVERLAPPING]
>> HEY, DONNA, COULD YOU BRING YOUR MIC CLOSER? THANKS.
>> THIS IS THE OPPORTUNITY FOR THE PUBLIC TO MAKE COMMENTS REGARDING THE CASES.
IT'S NOT A GIVE-AND-TAKE, IT'S NOT A BACK AND FORTH WITH THE PUBLIC.
YOU HAVE THE STAFF FROM THE PLANNING DEPARTMENT THAT'S PRESENT.
THEY'VE HEARD SOME OF YOUR QUESTIONS.
I WOULD ENCOURAGE YOU TO CONTACT THE PLANNING DEPARTMENT TO ASK ANY OF THOSE QUESTIONS REGARDING WHAT THE RULES ARE, OR WHERE TO FIND THEM, AND THE APPLICANT IS ALSO PRESENT, SO MAYBE AFTER THE HEARING, I'D ENCOURAGE THE NEIGHBORS TO BE NEIGHBORLY AND TO SPEAK WITH EACH OTHER ABOUT WHAT COULD POSSIBLY GO IN THERE.
BUT THIS IS JUST FOR YOU TO HAVE YOUR THREE MINUTES TO EXPRESS YOURSELF TO THE COMMISSIONERS.
>> THANK YOU. THANK YOU, DONNA.
WOULD ANYONE ELSE IN THE ROOM LIKE TO SPEAK TO THIS? ANYONE? ALL RIGHT, WITH THAT, I WILL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE ZONING BOARD OF ADJUSTMENTS HERE AND ASK FOR A MOTION.
>> WE SURE CAN. CAN YOU HEAR US, MS. RAILEY?
>> I JUST NOW HEARD YOU, SORRY.
BUT I MISSED SOME THINGS [INAUDIBLE]
>> WE WERE JUST SAYING THAT WE CAN HEAR YOU.
>> I'M REALLY HAVING A HARD TIME UNDERSTANDING YOU.
>> WELL, WE CAN HEAR YOU LOUD AND CLEAR.
>> I WANT TO CONFIRM ARE YOU READY FOR ME TO MAKE A MOTION?
>> THANK YOU. I MAKE A MOTION FOR APPROVAL WITH SPECIAL EXCEPTION FROM ARTICLE 3 [INAUDIBLE].
>> THANK YOU. DO I HAVE A SECOND?
>> THEN WE HAVE A MOTION AND A SECOND.
IS THERE ANY DISCUSSION? NO DISCUSSION. THEN I'LL ASK FOR A ROLL CALL VOTE, PLEASE?
>> FOUR VOTES IN FAVOR, ONE VOTE OPPOSED.
>> THANK YOU VERY MUCH. THANK YOU, SIR, MA'AM, FOR COMING. NEXT CASE, PLEASE?
[00:35:03]
[INAUDIBLE] REQUEST FOR [INAUDIBLE] TWO OF THOSE WERE RETURNED.A BIT OF BACKGROUND OF [INAUDIBLE] PROCESS. THE [INAUDIBLE] SURVEY SHOWED THAT THE HOUSE [INAUDIBLE] IS GOING TO REQUIRE [INAUDIBLE] RESIDENTIAL SINGLE-FAMILY R1 AND BEND THEM TO MAINTAIN PORTION OF THE [INAUDIBLE] REQUIRED 20 FEET TO THE FRONT, THREE IN THE SIDE AND 10 IN THE REAR.
[INAUDIBLE] REQUIREMENT ALL OF THE APPLICANT'S [INAUDIBLE] THIS IS THE AERIAL MAP OF THE PROPERTY HIGHLIGHTED [INAUDIBLE] THE SUBJECT PROPERTY.
THIS IS THE PROPERTY TO THE NORTH, PROPERTIES TO THE WEST.
THIS IS THE [INAUDIBLE] [INAUDIBLE] IT LOOKS SO THE IMAGE OF THE REAR OF THE LAW.
>> THANK YOU. DOES ANYONE ON THE BOARD HAVE ANY QUESTIONS FOR STAFF? NO. OKAY. THEN AT THIS TIME, I GUESS WE'LL OPEN THE PUBLIC HEARING.
IS THE APPLICANT HERE? OKAY. MAKE SURE YOU STATE YOUR NAME AND THEN WRITE IT DOWN, PLEASE.
>> MY NAME IS JOHN TERRY, MAXIMUM CONSTRUCTION.
MY PARTNER, GUS GEORGE, BEHIND ME.
WE BUILT THIS HOUSE AND COME TO FIND OUT WE WENT A LITTLE BIT OVER THE BACK LINE.
WHEN WE WERE BUILDING THIS HOUSE, WE WERE APPROACHED BY HOA AND THEY WERE INFORMING US IT'S VERY IMPORTANT NOT TO BUILD OVER THE FRONT LINE WHICH THEY WERE SAYING THAT SOME OF THE HOUSES IN THE NEIGHBORHOOD HAD DONE THAT BEFORE.
WE WERE VERY SCARED OF THAT, NOT TAKING INTO CONSIDERATION OF THE BACK LINE BUT IT LOOKED LIKE WE HAD PLENTY OF ROOM.
THEREFORE THE SURVEY CAME IN AND THE LINE CLEARLY SHOWS.
I DON'T KNOW IF IT WAS A LITTLE BIT OF MIXED UP ON THE SURVEY.
WE CALLED OUR SURVEY COMPANY, THEY SAID SOMETIMES THE PINS ARE A LITTLE OFF OR WHATEVER, WE'RE NOT SURE ABOUT THAT.
COULD HAVE BEEN OUR FRAME A LITTLE BIT.
I'M NOT SURE, BUT EVEN THE ROOF OVERHANG.
SO 1, 2, 3 ALL TOGETHER, MAYBE THAT'S WHERE WE ARE FOR RIGHT NOW.
WE DIDN'T CROSS ANY OTHER LINES FRONT, LEFT, RIGHT.
WE HAVE GREEN SPACES TO BOTH OF US.
THE LADY BEHIND US BOUGHT THE LOT BEHIND US.
WE'RE FRIENDLY WITH ALL OF OUR NEIGHBORS.
CENTER POINT IS ALL UNDERGROUND.
EVERYTHING IS UNDERGROUND. WE'RE ASKING FOR A VARIANCE FOR ALMOST 13 INCHES AND OTHER THAN THAT, I APPRECIATE YOUR TIME AND HOPEFULLY YOU'LL GRANT THAT VARIANCE.
[00:40:04]
>> DOES ANYONE HAVE ANY QUESTIONS FOR THIS GENTLEMAN?
>> YES, SIR. RIGHT AT 13 INCHES.
>> NO, SIR. THE HOUSE IS 100 PERCENT BUILT.
[OVERLAPPING] THE HOUSE IS BUILT AND THAT'S WHY WE CAME FOR A VARIANCE.
THEY VOTED. WE WON, OR THEY GRANTED US.
PLUS I HAVE TO WRITE THEM A $5,000 CHECK [NOISE] WHICH IS PROBABLY A LITTLE CHEAPER THAN MOVING A HOUSE.
THE NEXT STEP WAS TO GET A VARIANCE FROM YOU GUYS.
MY LIFE DEPENDS ON IT. OTHER THAN THAT, THANK YOU.
IT'S GREAT MEETING ALL OF YOU GUYS.
>> ANY OTHER QUESTIONS? ANDREW, WERE YOU DONE?
>> NO. MAYBE I'D LIKE TO RUN THROUGH THE PICTURES ONE LAST TIME.
>> SURE. WE CAN BRING THOSE UP AGAIN.
THE HOUSE IS TOO NEW TO SHOW UP ON THE AERIAL PHOTOGRAPHS SO THAT DOES SHOW A VACANT LOT.
BUT THIS IS THE HOUSE THAT HAS BEEN CONSTRUCTED.
>> I HAVE A PICTURE. [OVERLAPPING]
>> HERE'S A PICTURE FROM THE REAR.
>> THAT'S MY NEIGHBOR BRUCE RIGHT THERE.
HE'S A RETIRED CENTER POINT GUY.
I'M JUST A LITTLE BIT PAST TEN.
THE SURVEYORS' LINES, THEY MIGHT BE CATCHING ROOFLINE AS WELL.
[NOISE] I'M NOT GOING TO ARGUE THE 1.3, BUT I CAN READ A TAPE MEASURE TOO.
I WENT THROUGH ALL MY CHECKS AND BALANCES.
FIBERS IN, CENTER POINT'S UNDERGROUND.
THERE'S NEVER GOING TO BE AERIAL.
I HAVE A GREEN SPACE TO THE LEFT OF ME, TO THE RIGHT OF ME, NOBODY IN FRONT OF ME.
OUR GREAT NEIGHBOR BEHIND US, SHE BOUGHT THE LOT NEXT TO HER.
AS FAR AS SHE'S CONCERNED, SHE'S NEVER BUILDING THERE.
WE MADE OUR ROUNDS AND CUT OUR CHECK TO OUR HOA BOARD AND GOT ALL OF IT.
GOT EVERYTHING GRANTED THROUGH THEM.
LIKE I SAID, WE'RE HERE TO ASK FOR THE VARIANCE FROM YOU GUYS.
>> THANK YOU. IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK TO THIS? YOU WOULD? [OVERLAPPING]
I JUST WANTED TO SAY THAT WHEN WE BUILT THIS HOUSE, WE DIDN'T PLAN TO BREAK ANY RULES AND THINK WE'D JUST GET FORGIVENESS.
ANOTHER POINT I WANTED TO MAKE IS, IN THE FRONT, A LOT OF THOSE HOUSES DIDN'T HAVE CULVERTS.
WE CONTACTED DAVID FRISBEE MULTIPLE TIMES AND MAKE SURE IF IT NEEDED CULVERTS OR NOT, WHICH HE INFORMED US IT DID, AND WE PUT CULVERTS IN BECAUSE WE WANTED TO MAKE SURE WE DID EVERYTHING THE RIGHT WAY.
WE DIDN'T WANT TO CAUSE ANY ISSUES AND HAVE A BAD OUTCOME ON THIS.
THIS WAS JUST CLEARLY THE PERFECT STORM BETWEEN THE STAKES AND THE SURVEY.
THE FRAMING OF THE HOUSE BEING FEARFUL OF PASSING THE FRONT BUILD LINE AND MOVING THE HOUSE BACK THINKING WE HAD ENOUGH ROOM AND IT JUST ALL CAME TOGETHER TO BITE US IN THE END.
I JUST WANT TO SAY THAT WE APOLOGIZE FOR WHAT WE DID.
TO MAKE SURE WE NEVER DO THIS IN THE FUTURE, WE'LL FOR SURE HAVE A SURVEY COMPANY MARK OUR BUILD LINES SO WE KNOW EXACTLY WHERE THEY'RE AT AND THAT WE KNOW WE HAVE ENOUGH ROOM BECAUSE THIS WAS ALREADY TIGHT TO BEGIN WITH.
IT DIDN'T HAVE A LOT OF ROOM FOR ERROR ON THERE.
SOME OF THE OTHER PROPERTIES THAT WE'VE SEEN BEFORE DIDN'T EVEN HAVE REAR BUILD LINES ON THE SURVEY SO I GUESS IT JUST DEPENDS ON THE PLAT THAT WAS GIVEN TO THE SURVEY COMPANY.
THAT WE WEREN'T JUST EXPECTING THAT IT WOULD BE NO BIG DEAL.
WE WERE REALLY TRYING TO DO THIS THE RIGHT WAY.
>> WOULD ANYONE ELSE LIKE TO SPEAK TO THIS? YOU'RE THE ONLY ONES WE HAVEN'T HEARD FROM YET.
NO. [LAUGHTER] [BACKGROUND] THAT'S OKAY.
THAT'S ALL RIGHT. NO ONE ELSE IS SPEAKING,
[00:45:02]
SO WE'LL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD HERE.I'LL ENTERTAIN A MOTION AT THIS TIME.
[INAUDIBLE] THE REQUESTED VARIANCE DOES NOT HAVE INCREMENTAL IMPACT ON THE CURRENT OR FUTURE VIEW OF THE ADJACENT PROPERTY. [INAUDIBLE]
>> MS. SYLER, COULD YOU STATE WHAT THE SPECIAL CONDITION IS?
>> OH. YOU ALL DIDN'T SAY I HAD TO SAY ANYTHING LIKE THAT [INAUDIBLE]. [OVERLAPPING]
>> IT'S INCLUDED IN THE WORKSHEET. [OVERLAPPING]
>> [INAUDIBLE] SLIGHT MISTAKE, I SUPPOSE MADE SOMEWHERE ALONG THE WAY, THAT RESULTED IN ONE FOOT OF THE [INAUDIBLE]. IS THAT GOOD ENOUGH?
>> I'M SORRY. IF YOU CAN REPHRASE THAT. I'M SORRY, MS. SYLER.
WHAT WAS THE SPECIAL EXCEPTION OF CIRCUMSTANCE? I DIDN'T HEAR ALL OF WHAT YOU SAID.
>> THE SPECIAL EXCEPTION OR CIRCUMSTANCE IS THAT PERHAPS A MISTAKE WAS MADE ALONG THE WAY FOR SOME REASON THAT [INAUDIBLE].
>> IF I MAY, I UNDERSTAND THAT YOU'RE SAYING PERHAPS A MISTAKE WAS MADE.
WITH THIS BOARD, THE MOTION HAS TO BE WITH CERTAINTY.
EITHER THE MOTION IS GOING TO SAY THAT A MISTAKE WAS MADE OR, I HEARD DIFFERENT THINGS THAT THE APPLICANT PRESENTED SUCH AS THE STAKES WERE PUT IN WRONG POSITIONS, THE SURVEY WASN'T CORRECTLY DONE, THE OVERHANG WASN'T CORRECTLY DONE, THE HOA WAS MORE CONCERNED WITH THE FRONT LINES THAN THE REAR LINES.
I MEAN, I HEARD DIFFERENT THINGS EXPRESSED FROM THE APPLICANT.
IF YOU'RE GOING TO MAKE A MOTION, YOUR MOTION NEEDS TO BE MADE WITH CERTAINTY.
>> ALTHOUGH I HAVE TO SAY, HOW WOULD I KNOW WITH CERTAINTY WHICH OF THOSE THINGS OCCURRED? BUT I'LL BE GLAD TO PICK ONE OF THEM.
I THINK THAT THE SURVEY WAS DONE INCORRECTLY.
[OVERLAPPING] BECAUSE THE SURVEY WAS DONE INCORRECTLY.
>> I'M GETTING THERE. DO I HEAR A SECOND?
>> WE DO HAVE A MOTION AND A SECOND.
IS THERE ANY DISCUSSION? HEARING NONE, THEN I'LL ASK FOR A ROLL CALL VOTE, PLEASE.
THANK YOU VERY MUCH FOR YOUR PRESENTATION.
[BACKGROUND] [LAUGHTER] THAT'S ALL.
>> WE HAVE A MEETING, IT'S CONTINUING SO IF YOU'LL TAKE IT OUT INTO THE HALLWAY, PLEASE.
>> WE HAVE JUST A COUPLE OF DISCUSSION ITEMS. THE FIRST ONE IS JUST A DISCUSSION OF CHANGING THE MEETING TIME.
THE STAFF IS STAFFED TO THREE BOARDS, THE LANDMARK COMMISSION, THE PLANNING COMMISSION,
[00:50:01]
AND THE ZONING BOARD OF ADJUSTMENT.PLANNING COMMISSION STARTS AT 3:30, LANDMARK COMMISSION AND ZONING BOARD OF ADJUSTMENTS START AT 4:00.
THERE'S BEEN SOME TALK OF MOVING THE START TIME FOR THE LANDMARK COMMISSION TO 3:30, AND WE WERE WONDERING IF THIS BOARD HAD ANY STRONG FEELINGS ABOUT MOVING THE START TIME.
THERE'S BEEN SOME CONCERNS BECAUSE THE MEETINGS ARE OPEN TO THE PUBLIC, THE BUILDING HAS TO BE STAFFED AND THE GUARD HAS TO STAY DOWNSTAIRS UNTIL OUR MEETINGS ARE OVER.
THE THOUGHT IS, IF WE STARTED A LITTLE BIT EARLIER, THERE'S LESS CHANCE OF GOING OVER 5:00.
>> WELL, I GOT TO SAY THAT THIS IS PROBABLY THE LONGEST MEETING OF THE ZONING BOARD OF ADJUSTMENTS IN THE WHAT, FIVE-PLUS YEARS THAT I'VE BEEN ON IT.
>> YEAH. I THINK YOUR TIMES ARE AN AVERAGE OF 20 MINUTES.
>> EXACTLY. BUT NO, I'M IN FAVOR OF IT. THAT'S FINE.
3:30 WOULD BE GOOD FOR ME. WHAT ABOUT YOU GUYS ONLINE? ANYBODY GOT A PROBLEM?
>> [INAUDIBLE] 3:30 IS A GOOD TIME.
>> YEAH. THAT'S FINE [INAUDIBLE]
>> RIGHT IN MY NAP TIME, BUT I'LL MAKE AN EXCEPTION. THERE YOU GO.
I'M SURE YOU'LL GET SOMETHING AFTER ALL OF THIS.
ITEM 8B IS DISCUSSION OF RECONSIDERATION PROCEDURES BY STAFF.
I WAS ASKED TO MAKE A, AND THIS IS GOING TO BE A VERY SHORT DISCUSSION OF RECONSIDERATION.
BASED ON A SITUATION WHERE THERE ARE [OVERLAPPING].
>> I THINK THE FOLKS ON THE SCREEN ARE HAVING TROUBLE HEARING YOU.
>> MAYBE MOVE TO THE PODIUM, DONNA.
I THINK MAYBE THE PODIUM IS A LITTLE BIT LOUDER.
>> IS THAT OKAY? CAN YOU GUYS HEAR ME NOW? HELLO. CAN YOU GUYS ALL HEAR ME? [LAUGHTER] [BACKGROUND] LADIES, CAN YOU HEAR ME? I DON'T KNOW IF THEY CAN HEAR ME.
>> I'M SORRY. IT REALLY WOULD BE BETTER IF YOU WENT SOMEWHERE AND I GUESS THE PODIUM WORKS. [LAUGHTER].
>> I THOUGHT CATHERINE WAS SAYING FOR YOU TO GO SOMEWHERE ELSE.
>> CAN YOU GUYS HEAR ME NOW? IT'S GOT TO BE THE MICROPHONES.
JUST A SMALL DISCUSSION ON RECONSIDERATION.
WE HAVE SITUATIONS WHERE IF A MOTION IS MADE AND THE VOTE IS TAKEN, THE PREVAILING PARTY, IF CERTAIN FOLKS WHO WERE PRESENT AT THE COMMISSION WANTED TO MAKE A MOTION TO RECONSIDER THAT VOTE, IT WOULD HAVE TO BE SOMEBODY FROM THE PREVAILING VOTE.
HOWEVER, IN SITUATIONS WHERE, AND WE HAD THIS HAPPEN, WHERE THERE WAS A MOTION AND A VOTE BUT AS THERE WASN'T FOUR PREVAILING VOTES FOR THAT MOTION, IT FAILED FOR LACK OF AFFIRMATIVE VOTES.
I STATED THAT IN THAT SITUATION BECAUSE THAT MOTION FAILED FOR LACK OF AFFIRMATIVE VOTES, IT WOULD BE UP TO THE PERSON TO WELL I GUESS WHO WON, BECAUSE THEY WERE VOTING TO DENY IT TO AGAIN, ASK FOR A MOTION TO RECONSIDER.
THAT IS ACTUALLY NOT THE CASE.
WHEN I WENT AND DID SOME RESEARCH ON IT, OUR LDRS SHOW THAT WELL, JUST LIKE AS I SAID WITH MOTION FOR RECONSIDERATION, BUT OUR CITY CHARTER ACTUALLY HAS A PROVISION REGARDING MOTIONS FOR RECONSIDERATION WHEN THERE ISN'T ENOUGH VOTES FOR OR AGAINST AN ACTION.
WHEN THERE ARE IN AN ACTION THAT FAILS FOR LACK OF FOUR FAVOR OF VOTES, IT SAYS THAT COUNCIL MEMBERS WHO VOTED FOR OR AGAINST THE ACTION MAY HAVE, IN THIS CASE, COUNCIL RECONSIDER THE ACTION BY
[00:55:01]
PLACING IT ON THE AGENDA FOR THE NEXT REGULARLY SCHEDULED MEETING.NOW SINCE WE HAVE ADOPTED COUNCIL RULES AS BOARDS, WE ADOPT COUNCIL RULES THAT ALSO APPLIES TO COMMISSIONS.
WHAT THIS MEANS THAT IF SOMEONE WANTS TO HAVE A CASE RECONSIDERED WHERE THE VOTE WAS FAILED DUE TO A LACK OF FOUR AFFIRMATIVE VOTES, ANY PERSON CAN ASK FOR THAT MATTER TO BE RECONSIDERED.
IF THAT REQUEST IS TO BE MADE, IT WOULD BE MADE AT THE NEXT MEETING WHERE THE COMMISSION BODY WOULD VOTE ON WHETHER OR NOT TO RECONSIDER IT.
IF THE VOTE IS THEN TO RECONSIDER THE MATTER, THEN THE MATTER WOULD BE SCHEDULED JUST LIKE IT WOULD TYPICALLY BE SCHEDULED FOR A PUBLIC HEARING, ETC.
I JUST WANTED TO BRING THAT TO THE COMMISSIONERS' ATTENTION IF THEY HAD ANY QUESTIONS ON THAT.
>> BECAUSE I GUESS I WAS CONFUSED THAT OUR FIRST CASE TODAY CAME BACK TO US, BECAUSE I THOUGHT IT FAILED THE FIRST TIME.
>> THE FIRST CASE IS TOTALLY DIFFERENT FROM WHAT I'M TALKING ABOUT.
>> YOU'RE RIGHT. HE WAS ASKING FOR A VARIANCE, AND NOW HE CAME BACK AND ASKED FOR A SPECIAL EXCEPTION.
>> BUT AS AN EXAMPLE, IF THAT FIRST CASE FAILED FOR LACK OF AFFIRMATIVE VOTES BUT ANY ONE OF THE COMMISSIONERS WANTED TO BRING THAT CASE BACK, THEY WOULD HAVE TO SAY YOU KNOW WHAT, I WANT TO RECONSIDER THIS.
IT WOULD BE SCHEDULED ON ANOTHER ZBA AGENDA, AND AT THAT POINT IT'S NOT TO REHEAR THE CASE, IT'S FOR THE COMMISSIONERS TO DECIDE WHETHER OR NOT THEY WANT TO REHEAR IT OR RECONSIDER IT.
THAT WOULD BE A WHOLE SEPARATE VOTE.
>> THAT WOULD BE ON THE NEXT MEETING, IS THAT CORRECT?
>> IT WOULD BE ON THE NEXT MEETING BECAUSE THEN YOU'D HAVE TO NOTICE THE FOLKS INVOLVED SO THAT THEY CAN BE PREPARED.
NOT JUST THE APPLICANT, BUT THE PUBLIC AS WELL SO THEY CAN BE PREPARED.
IT WOULD BE JUST LIKE HAVING THE HEARING OVER AGAIN.
>> IS THERE A TIME LIMIT? DO YOU HAVE TO DO IT BEFORE THE NEXT MEETING, OR IS IT TWO OR THREE DOWN THE ROAD?
RECONSIDERATIONS ARE TYPICALLY DONE AS QUICKLY AS POSSIBLE.
IT WOULD BE IF SOMEBODY WANTS TO RECONSIDER IT, I WANT TO RECONSIDER IT AT THE NEXT ZBA HEARING OR MAYBE THEY CAN SCHEDULE A SPECIAL TIME.
BUT IT'S TO HAPPEN, YOU CAN'T DO IT SIX MONTHS DOWN THE LINE AND SAY I WANT TO RECONSIDER IT.
IT'S TYPICALLY AT THE NEXT MEETING.
IS EVERYONE OKAY WITH THAT? I MEAN, UNDERSTAND THAT? YOU-ALL HAVE ANY QUESTIONS? I GUESS NOT.
>> WELL, THANK YOU. THE NEXT ITEM, NUMBER 9, IS ADJOURNMENT.
I SAY WE ADJOURN. I WANT TO THANK YOU-ALL FOR BEING ON.
THANK YOU, ANDREW FOR GETTING ON QUICKLY.
I DID GET YOUR CALLS, I WAS ON THE PHONE WITH MY BOSS AND I COULD NOT SWITCH OVER.
* This transcript was compiled from uncorrected Closed Captioning.