YEAH. IT'S 3:30, AND WE'RE READY.
[00:00:02]
ALL RIGHT. THANK YOU VERY MUCH.[Zoning Board of Adjustments on February 8, 2023.]
GOOD AFTERNOON, EVERYONE.I'D LIKE TO CALL THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENTS TO ORDER.
IT IS 3:30 WEDNESDAY, FEBRUARY THE EIGHTH OF 2023.
HOW ABOUT AN ATTENDANCE ROLL CALL, PLEASE.
ALL RIGHT. THANK YOU VERY MUCH.
IF I COULD JUST TAKE A MINUTE, I'D LIKE TO INTRODUCE KORINA ROSALES.
SHE'S ACTUALLY BEEN WITH THE CITY FOR ABOUT THREE YEARS.
WELCOME. YOU'LL ENJOY THESE MEETINGS.
ITEM NUMBER THREE, CONFLICT OF INTEREST.
DOES ANYONE HAVE A CONFLICT OF INTEREST FOR TODAY'S CASE? ALL RIGHT. HEARING NONE.
ITEM FOUR, APPROVAL OF MINUTES.
WE HAVE WE HAVE A MOTION AND A SECOND FOR APPROVAL.
IS THERE ANY DISCUSSION? ALL RIGHT. ALL IN FAVOR.
DO WE HAVE TO DO ANYTHING SPECIAL WITH BILL? OKAY. ALL RIGHT.
NO PUBLIC COMMENT WAS RECEIVED.
FANTASTIC, CASE 22Z-014, ADDRESS, 5710 STEWART ROAD.
THIS IS A REQUEST FOR A SPECIAL EXCEPTION FOR CONVERSION OF A NON CONFORMING USE TO CONFORMING.
THE USE AND A TIRE SHOP HAS BEEN IN EXISTENCE SINCE 1989.
THE USE SHALL BE LOCATED A MINIMUM OF 200 FEET FROM ANY RESIDENTIAL USE OR RESIDENTIAL ZONING DISTRICT BOUNDARY MEASURED AS A RADIUS FROM THE PROPERTY LINES OF THE LIMITED USE THAT IS PER SECTION 2.308 OF THE LDR.
THE EXISTING BUILDING IS DIRECTLY ABUTTING RESIDENTIAL ZONING AND USES THAT FRONT AND AVENUE R.
DUE TO THE CURRENT NONCONFORMING STATUS RESULTING FROM THE ISLAND WIDE ZONING CHANGE IN 2015, THE USE IS NOW LIMITED TO ONLY MAKING NON STRUCTURAL REPAIRS AND THE OWNER MAY NOT EXPAND ENLARGE OR INCREASE THEIR USE OR BUSINESS.
PLEASE NOTE THE ZONING AND LAND USE INFORMATION ON PAGE TWO OF YOUR REPORT, AS WELL AS THE CRITERIA FOR APPROVAL AND APPLICANT'S JUSTIFICATION ON PAGE TWO AND PAGE THREE.
SHOULD THE ZONING BOARD OF ADJUSTMENT CHOOSE THE CHOOSE TO ADMINISTER SECTION 11.404 OF THE LDR? THE FOLLOWING CONDITIONS FOR THE SPECIAL EXCEPTION SHALL BE GO ALONG WITH THE APPROVAL, WHICH IS, THE SITE SHALL CONTINUE TO OPERATE AS A AUTO SERVICE FUELING OR CHARGING STATION.
AND NOW WE HAVE SOME PHOTOGRAPHS.
THIS IS THE ZONING MAP OF THE SUBJECT PROPERTY.
THIS IS THE SUBJECT PROPERTY ITSELF.
AND HERE YOU HAVE THE SURROUNDING PROPERTIES TO THE NORTH, SOUTH, EAST AND WEST.
AND THAT CONCLUDES STAFF'S REPORT.
ALL RIGHT, THANK YOU, DOES ANYONE HAVE ANY QUESTIONS OF STAFF? YEAH, I HAVE QUESTIONS.
IT WAS REALLY HARD FOR ME TO SEE THIS ON THE SMALL OVERLAY.
SO THERE'S BUSINESSES ON EITHER SIDE OF IT, AND IT'S ONLY RESIDENTIAL BEHIND IT.
IS THAT CORRECT? THAT IS CORRECT.
MM HMM. ANY OTHER QUESTIONS OF STAFF?
[00:05:01]
WHERE'S BILL AT.BILL, DO YOU HAVE ANY QUESTIONS? NO, I'M GOOD. THANK YOU.
ALL RIGHT. AT THIS TIME, I'D LIKE TO GO AHEAD AND OPEN THE PUBLIC HEARING FOR THIS.
OKAY. MY NAME IS LILIANA [INAUDIBLE].
SO I AM THE WIFE OF THE APPLICANT.
HE IS CURRENTLY SICK, SO HE CANNOT MAKE IT.
BUT I'M HERE FOR ANY QUESTIONS AS WELL AS MR. RABAGO, WHICH IS THE OWNER OF A&A TIRE SHOP.
OKAY. SO THEN I HAVE A QUESTION.
SO THE OWNER OF THE TIRE SHOP IS HERE.
AND WHAT AND YOUR HUSBAND IS WAS THE APPLICANT.
BUT WHY IS HE THE APPLICANT? AND IT'S NOT THE OWNER OF THE TIRE SHOP THAT'S THE APPLICANT? IT'S A PARTNERSHIP.
OKAY, SO, YES, THEY'RE BOTH PARTNERS.
I JUST WANTED TO UNDERSTAND SINCE AND THEN SO I SEE YOU CAN ONLY DO NON STRUCTURAL CHANGES BECAUSE OF YOUR NON CONFORMING.
DO YOU HAVE PLANS TO DO YOU'D LIKE TO DO SOMETHING DIFFERENT.
WE ACTUALLY WANT TO CHANGE FROM NON CONFORMING TO CONFIRMING BECAUSE THE BUILDING, THE BUSINESS HAS BEEN THERE SINCE 1989 AND THERE'S REPAIRS THAT NEED TO BE DONE AND WE DO WANT TO DO IN THE NEAR FUTURE EITHER DO AN ADDITION FOR JUST FOR THE DEMAND OF OUR CLIENTS TIRES, RIMS, JUST THE DEMAND AND THERE'S NO SPACE.
AND OF COURSE WE WANT TO DO EVERYTHING ACCORDINGLY.
AND WE NEED TO HAVE THIS CHANGED FOR ALSO TO HELP THE COMMUNITY. AND LIKE I SAID, WE'VE BEEN THERE SINCE 1989 AND SO WE HAVE A LOT OF CUSTOMERS THAT COME TO US AND WE WOULD LIKE TO DO ADDITIONS TO BETTER HELP THEM AND ASSIST THEM AS MUCH AS POSSIBLE.
OKAY. ANY OTHER QUESTIONS? NO. OKAY.
I'M LOOKING. I'M LOOKING AT BILL, TOO.
I'LL GO AHEAD AND CLOSE THE PUBLIC HEARING.
AND OR IS THERE ANYONE ELSE WHO LIKE TO SPEAK? WOULD YOU. WOULD YOU. OKAY.
I JUST WANT TO ASK A QUESTION, I GUESS, OF STAFF.
SO IT'S NON CONFORMING BECAUSE IT WAS IN EXISTENCE BEFORE THE LDRS WENT INTO EFFECT.
IS THAT CORRECT? IS THAT WHY IT'S NON CONFORMING? NON CONFORMING BECAUSE OF THE LIMITED USE STANDARD, IN PARTICULAR THE ONE THAT I NOTED IN THE REPORT WHICH PUTS THEM WITHIN THE 200 FOOT BOUNDARY OF RESIDENTIAL.
SO THEREFORE THEY BECAME NON CONFORMING AFTER WE PASSED THE LDR.
THAT'S WHAT I JUST, I THINK THAT'S WHAT I JUST SAID.
OKAY. BUT THANK YOU FOR THAT ADDITIONAL.
ALL RIGHT. NEED A MOTION? I NEED HELP AGAIN.
GO AHEAD. ON OUR LIST OF THINGS.
[00:10:02]
SO ON THE BACK, WE HAVE THIS SPECIAL EXCEPTIONS FOR SETBACKS, WHICH IS NOT US, CORRECT? CORRECT. SO IT'S DOWN TO THE MOTION GUIDES.YEP. SO, YEAH, THE MOTION GUIDE, I THINK ARE GOOD NOW.
OKAY, SO IF WE'RE MAKING A MOTION FOR THIS TYPE OF SPECIAL EXCEPTION IS IN THE MIDDLE, I MAKE A MOTION FOR APPROVAL DUE TO THE FACT THAT THE REQUEST AND THEN YOU STATE ONE OR MORE OF THOSE TWO BULLET POINTS.
OKAY, WELL, I'LL MAKE A MOTION FOR APPROVAL BECAUSE THE REQUEST WILL NOT ADVERSELY AFFECT THE VALUE AND USE OF ADJACENT AND NEIGHBORING PROPERTIES, AND IT WILL NOT BE CONTRARY TO THE PUBLIC INTEREST.
HERE A SECOND. SECOND, THE MOTION.
IS THERE ANY MORE DISCUSSION? SO ALL IN FAVOR TO FOR GRANTING THE APPROVAL.
ALL RIGHT. THANK YOU VERY MUCH.
ALL RIGHT. OH, THERE'S A DISCUSSION ITEM.
OH, THERE IS A DISCUSSION. YEAH.
OH, THERE IS A DISCUSSION ITEM.
THANK YOU ALL VERY MUCH. THANK YOU.
SO WE DO HAVE MEETING PROCEDURES.
THIS WAS REQUESTED BY BOARD MEMBERS, RAILEY AND SYLER.
AND I THINK DONNA HAS SOME THOUGHTS ON MEETING PROCEDURES THAT SHE WILL BE SHARING WITH THE BOARD.
BUT WE'LL LET WHICH OF ONE OF THE COMMISSIONERS Y'ALL CAN BEGIN.
WHEN YOU'RE IN THE MIDDLE OF A DISCUSSION TO A MOTION THAT'S ON THE TABLE AND SOME FACTS COME TO LIFE THAT PROBABLY WOULD BE A GOOD BASIS FOR A DIFFERENT MOTION. HOW DO YOU BRING THAT? HOW DO YOU MAKE THAT HAPPEN? IF, FOR INSTANCE, A MOTION WAS ON THE TABLE TO APPROVE THE APPLICANT'S REQUEST.
YOU KNOW, LIKE NOT ENOUGH INFORMATION OR WHATEVER.
HOW DO YOU DO THAT? BECAUSE YOU DON'T HAVE THAT INFORMATION BEFORE THE DISCUSSION BEGINS SO THAT YOU COULD HAVE MADE THE MOTION FROM THE BEGINNING.
AND I DON'T KNOW HOW THAT HAPPENS.
THAT'S ACTUALLY A VERY GOOD QUESTION REGARDING VOTING, I GUESS, PROCEDURES, AND I'M NOT QUITE SURE IF THE AGENDA WITH MEETING PROCEDURES MEETS IT FULLY.
SO I'M GOING TO JUST TOUCH ON GENERAL ASPECTS OF OF A MEETING.
AND WHEN A MOTION IS MADE, IT DOESN'T NECESSARILY REFLECT HOW YOU WOULD VOTE.
THAT'S THE FIRST THING THE MEMBERS NEED TO RECOGNIZE.
IT'S JUST TO GET THE DISCUSSION GOING AND FLOWING.
AND BASED ON THAT, AGAIN, YOU DON'T EVEN HAVE TO AGREE WITH IT.
YOU CAN LITERALLY SAY, I'M MAKING THE MOTION JUST TO GET THE PARTY STARTED, SO TO SPEAK.
YOU CAN HAVE A DISCUSSION ON AN ITEM FOR QUITE A, FOR QUITE A BIT OF TIME.
IF THERE ARE QUESTIONS REMAINING, THEN I WOULD VOICE THAT IF THERE'S AN ISSUE THAT YOU NEED ANSWERED, I WOULD VOICE THAT. YOU CAN ALWAYS ASK SOMEONE WHO MADE THE MOTION, SAY, YOU KNOW WHAT, I THINK BASED ON THE DISCUSSION, I'M NOT QUITE SURE IF THE BOARD IS REALLY FULLY ABLE TO RENDER A COMPLETE DECISION ON THIS.
DO YOU THINK YOU WOULD YOU KIND OF WITHDRAW IT OR WOULD YOU BE AMENABLE TO THAT? AND IF THE COMMISSIONER IS LIKE, NOPE, NOT WITHDRAWING IT, THAT'S MY MOTION ON THE TABLE, THAT'S WHAT I WANT.
YOU GUYS TO FIGURE OUT AND DECIDE.
YOU CANNOT FORCE SOMEBODY TO WITHDRAW A MOTION THAT'S BEEN SECONDED ALREADY.
BUT AGAIN, COMMUNICATION ON THE BOARD SUCH AS THIS IS IMPORTANT.
AND THAT PERSON WHO MADE THE MOTION MAY ALSO FEEL THAT, YOU KNOW WHAT? BASED ON WHAT'S COME TO LIGHT.
I DO THINK THE BOARD NEEDS A LITTLE BIT MORE INFORMATION TO GO FORWARD.
SO I'M GOING TO WITHDRAW MY MOTION AND THEN THERE CAN BE ANOTHER MOTION MADE THEREAFTER.
OKAY. SO IT'S JUST A MOTION TO WITHDRAW.
[00:15:02]
YEAH. OR STAFF? NO, NO, I GOT IT RIGHT.GOTCHA. IS THE PERSON THAT SECONDED.
SO THEY HAVE TO WITHDRAW THEIR MOTION AS WELL? NO, IT'S THE PERSON PEOPLE THINK THAT THE SECOND HAS TO CHIME IN, BUT NO, IT'S NOT THE SECOND.
LOOKS LIKE BILL HAD A COMMENT.
I WAS ALSO UNDER THE IMPRESSION THAT WE COULD ALSO JUST LET'S SAY IT'S A MOTION TO APPROVE, AS SUSAN SUGGESTED, WE CAN VOTE THAT MOTION DOWN, AND THAT DOESN'T PRECLUDE US THEN VOTING ON A MOTION TO DEFER.
WELL, ABSOLUTELY. BUT MOST FOLKS MAY NOT KNOW WHAT THE OTHER BOARD MEMBERS ARE GOING TO VOTE.
IT'S BETTER OFF BEING DEFERRED.
BUT AGAIN, ONCE AN ACTIVE MOTION IS ON THE TABLE, YOU CAN GO FORWARD WITH IT EITHER WAY.
NOW, IF I WERE TO HAVE MADE SAY, IN ANY INSTANCE, IF THE THE PERSON MAKES THEN VOICES A MOTION TO WITHDRAW THE FIRST MOTION, THEN WHAT HAPPENS NEXT? THEN ANOTHER MOTION CAN ENSUE.
OKAY. SO I JUST GOT CONFUSED BY WHAT BILL SAID, NOT A SURPRISE.
SO IF WE HAVE A MOTION TO APPROVE AND THAT MOTION IS VOTED DOWN, THEN WE CAN TURN AROUND AND SAY, I WANT TO VOTE TO DEFER.
SO IF A MOTION IS MADE AND VOTED ON AND DOESN'T PASS, THEN ANOTHER MOTION CAN'T BE MADE.
IT DOESN'T HAVE TO BE WITHDRAWN..
YOU CAN, YOU KNOW, A MOTION CAN BE MADE WITH ANOTHER COMMENT ATTACHED TO IT.
CAN YOU PLEASE, CATHERINE, SAY THAT AGAIN? SO WHAT BILL'S POINT WAS THAT IF THE MOTION THAT'S BEEN MADE DOESN'T PASS, THEN ANOTHER MOTION CAN BE MADE? YOU MEAN IF. OKAY, OKAY, BUT OKAY, I GOT YOU.
WHAT I WAS COMMENTING ON WAS THE DEFERRAL ASPECT.
RIGHT? IF A MOTION IS MADE FOR APPROVAL, LET'S SAY, OR DENIAL, BUT MAYBE A MEMBER REALLY WANTS THE MATTER DEFERRED.
IT WOULD PROBABLY BE BETTER TO ASK.
HEY, I THINK, YOU KNOW, TO HAVE THAT DISCUSSION AMONGST THE BOARD MEMBERS, DO WE REALLY HAVE ENOUGH TO GO FORWARD AND MAYBE WE CAN DEFER THIS TO GET SOME ADDITIONAL INFORMATION RATHER THAN TAKING A CHANCE ON A VOTE FOR THE APPROVAL OR DENIAL BECAUSE IT COULD WIN.
ALL RIGHT. I JUST HAVE A STATEMENT TO MAKE.
AND I THINK ONE THING THAT HAS BEEN MISSING FROM THIS BOARD IS VERY CLEAR DISCUSSION ON STUFF.
IT SEEMS LIKE WE GET YOU KNOW, PEOPLE COME AND PRESENT THE THING, WE MAKE A MOTION, WE VOTE.
SO AND THAT'S JUST UP TO US TO TO TALK MORE.
WE PROBABLY NEED TO PUT THIS ON ANOTHER AGENDA.
I DO WANT TO HAVE A DISCUSSION ON AND IT DEALS WITH VOTING AND IT DEALS WITH CONFLICTS OF INTEREST.
IT DEALS ALSO WITH ABSTENTIONS OF VOTES.
I'M GOING TO SAY VERY BRIEFLY, BECAUSE AGAIN, I THINK IT NEEDS TO BE MORE PARTICULAR ON AN AGENDA.
THIS IS A QUASI JUDICIAL BOARD.
PEOPLE HAVE PAID MONEY TO HAVE THEIR CASES HEARD BEFORE THIS COMMISSION, AND THEY EXPECT A DECISION EITHER YAY OR NAY WHEN IT COMES OUT THAT THERE IS A DECISION, BECAUSE IT'S STILL A DECISION.
BUT THE DECISION IS BECAUSE THERE WEREN'T ENOUGH AFFIRMATIVE VOTES.
EITHER WAY, I PERSONALLY FEEL AND I UNDERSTAND EVERYONE IS A VOLUNTEER HERE.
[00:20:05]
I PERSONALLY FEEL THAT WE'VE DONE A DISSERVICE.IF SOMEONE HAS SAID SOMETHING THAT YOU'RE LIKE, YOU KNOW WHAT? I DON'T THINK I CAN PROCEED.
SO AGAIN, PEOPLE, THEY PAY MONEY.
I MEAN, THEY GET THEIR CASES READY TO PRESENT BEFORE THIS COMMISSION IS QUASI JUDICIAL.
AND I REALLY WANT THE MEMBERS OF THIS BOARD TO RECOGNIZE THAT.
BUT I THINK WE SHOULD HAVE A REAL MAYBE A WORKSHOP ON MOTIONING, MAKING MOTIONS.
YOU CAN ALWAYS TAILOR YOUR MOTIONS TO WHAT'S BEEN PRESENTED.
THIS CASE, FOR EXAMPLE, THEY'VE BEEN IN EXISTENCE SINCE 1989.
YOU CAN PUT THAT IN YOUR MOTION.
IT DISTINGUISHES THE REASONING FOR GRANTING THIS CASE FROM SOMEBODY COMING NEXT YEAR OR FIVE YEARS AND ASKING THE SAME THING.
THAT'S ALL. BECAUSE NO ONE ADDED ANYTHING THAT DISTINGUISHES IT FROM SOMETHING ELSE.
SO WE PROBABLY NEED TO HAVE A WORKSHOP, A MINOR TRAINING AGAIN, YOU GUYS ARE SO JUST AND I WASN'T GOING TO HELP YOU THIS TIME EITHER, I GUESS. I DON'T KNOW IF YOU GUYS HEARD ME SIGH, BUT I WAS LIKE, I'M JUST GOING TO SEE HOW THIS PLAYS OUT.
IF EVERYONE'S AMENABLE TO THAT, I THINK WE SHOULD DO IT.
IF IT'S DEFERRED, THAT MEANS DEFERRED TO THE NEXT MONTH'S MEETING.
AND IN THE MEANTIME IS THE APPLICANT.
HE CAN BRING MORE DOCUMENTS AND BASICALLY CHANGE THE WHOLE APPLICATION IN THE MEANTIME.
YEAH, HE CAN MAKE CHANGES, YOU KNOW, BUT THE APPLICATION IS AND MAYBE YOU GUYS CAN HELP ME OUT HERE IF HE CHANGES ASPECTS OF THE APPLICATION THAT STILL WOULD REQUIRE COMING BEFORE THE BOARD, IT WOULD BE CONSIDERED A WHOLE NEW CASE OR I MEAN, IT'S JUST..
YEAH, IF THE CIRCUMSTANCES OF THE REQUEST CHANGE, THEN IT MIGHT BECOME A NEW CASE.
BUT THEY CAN ALWAYS PROVIDE ADDITIONAL INFORMATION FOR THE REQUESTS THAT THEY'VE ASKED FOR.
YEAH, BECAUSE FEW TIMES IN THE PAST WE'VE, WE'VE VOTED NO JUST BECAUSE OF INSUFFICIENT INFORMATION.
SO IF WE WOULD HAVE SAID THIS IS THE INFORMATION WE NEED TO MAKE, WOULD HAVE CHANGED THINGS.
LITERALLY EVERYONE HERE HAS A VOICE.
LET YOUR YOU KNOW, YOUR FELLOW MEMBERS KNOW WHAT'S GOING ON AND, YOU KNOW.
Y'ALL DON'T ALL HAVE TO AGREE ON EVERYTHING.
YEAH. ANY OTHER COMMENTS? THANK YOU, DONNA. NOW, I DIDN'T WANT, MS. SYLER, DID YOU HAVE SOMETHING ELSE IN REGARDING THE DISCUSSION ITEM? SO ANY OTHER PERSON ON THE DISCUSSION ITEM? NOTHING. YOU KNOW WHAT I WILL SAY WHENEVER YOU DO THE WORKSHOP, WE COULD ALSO USE SOME INFORMATION ON WHAT HAPPENS IF AN APPROVAL DOESN'T OCCUR.
I MEAN, THE TIME FRAME DURING WHICH PEOPLE CAN BRING STUFF BACK TO THE BOARD AND I CAN'T REMEMBER.
IT SEEMS LIKE IT'S WORSE TO BE ABSOLUTELY OUTRIGHT DENIED VERSUS NOT APPROVED.
AND THAT'S REALLY VALUABLE INFORMATION FOR US TO HAVE.
AND AND IT'S STUFF THAT'S KIND OF DWINDLED IN A LITTLE BIT AT A TIME FOR THOSE OF US, YOU KNOW.
SO OUT OF THAT TO THE LIST, ABSOLUTELY.
BUT IT IS IMPORTANT TO AN APPLICANT, SO IT'S IMPORTANT FOR YOU GUYS TO RENDER YOUR DECISIONS.
COMMISSIONER CLEMENT, DID YOU HAVE ANYTHING? I'M SORRY. I WASN'T NECESSARILY LOOKING AT YOU AT THE TIME.
NO, I'M GOOD. I'LL BE PREPARED FOR THE ABSTENTION DISCUSSION, BUT WE'LL WAIT TILL WE DO THAT.
THAT'S ALL I GOT. I JUST WANT TO SAY THANKS, DONNA, FOR THE CIVICS LESSON.
[00:25:02]
THANK YOU. YES, IT'S VERY VALUABLE.SIX YEARS NOW AND WE'VE BEEN THROUGH QUITE A BIT.
ARE WE ADJOURNED? MAKE A MOTION TO ADJOURN.
YOU DON'T EVER HAVE TO HAVE A MOTION TO IT.
NO, YOU JUST ANNOUNCE THAT WE ARE ADJOURNED, ROBERT.
THAT'S IT. I JUST SCREWED IT UP.
* This transcript was compiled from uncorrected Closed Captioning.