[00:00:01]
OKAY. ALL RIGHT.[Zoning Board of Adjustments on March 8, 2023.]
IT IS 3:30 OR SO.I'D LIKE TO WELCOME EVERYONE TO THE ZONING BOARD OF ADJUSTMENT REGULAR MEETING.
WEDNESDAY, MARCH THE 8TH, 2023.
CALL THE MEETING TO ORDER AND ATTENDANCE, I BELIEVE, HAS EVERYONE SIGNED INTO ATTENDANCE.
HE IS COMING ON AS AN ALTERNATE.
WE JUST HAD AN ORIENTATION SESSION WITH CHAIRPERSON GIRNDT, SO WE LOOK FORWARD TO WORKING WITH THEM.
DOES ANYONE HAVE A CONFLICT OF INTEREST? HEARING NONE. NEXT ITEM IS APPROVAL OF MINUTES FROM.
APPROVED. I DO HAVE A MOTION TO APPROVE.
IS THERE ANY DISCUSSION? ALL IN FAVOR THEN TO APPROVE.
I DON'T THINK WE HAVE ANY OF THAT.
ALL RIGHT, HERE WE GO. NEW BUSINESS ASSOCIATED PUBLIC HEARINGS.
SO THIS IS 23 Z001 4502 AVENUE R, THIS IS A VARIANCE REQUEST FOR A LOT DIMENSIONS AND AREA.
THERE WERE 24 PUBLIC NOTICES SENT AND NONE OF THOSE WERE RETURNED.
THE ZONING BOARD OF ADJUSTMENT FIRST HEARD THIS REQUEST AS 22Z-011 ON DECEMBER 7TH OF LAST YEAR.
THE REQUEST FAILED DUE TO LACK OF AFFIRMATIVE VOTES, HOWEVER, WAS NOT SPECIFICALLY DENIED.
SO THE APPLICANT IS MAKING THE REQUEST AGAIN, AS IS THEIR RIGHT.
THE APPLICANT IS REQUESTING A VARIANCE FROM ARTICLE THREE ADDENDUM IN ORDER TO REDUCE THE REQUIRED MINIMUM COMMERCIAL ZONING LOT AREA FROM 4000 SQUARE FOOT TO REDUCE MINIMUM LOT LENGTH OF 100FT LONG.
SO TWO OF THE LOTS TO BE THE SMALLER SIZE AND THE THIRD LOT ON THE CORNER WOULD BE THE LARGER ONE.
TWO OF THE LOTS WILL BE 40 BY 42.83FT IN DIMENSIONS.
THE THIRD LOT WILL BE 50 BY 42.83 FOOT.
LOT IS CURRENTLY 42.23FT WIDE, 103 FOOT LONG RUNNING NORTH TO SOUTH.
SEE THE EXISTING SURVEY AND PROPOSED REPLAT IN EXHIBIT A OF THE STAFF REPORT.
IN THIS CASE, THE APPLICANT IS REQUESTING A VARIANCE TO 2287FT ON ONE LOT AND 1713 SQUARE FOOT.
SO THIS IS A PHOTO OF THE THE SUBJECT PROPERTY.
AND WE'RE STANDING ON THE CORNER THERE LOOKING BASICALLY MORE OR LESS KIND OF NORTHWEST.
NEXT SLIDE, PLEASE. AND HERE WE HAVE THE EXISTING SURVEY OF THE PROPERTY AS IT SITS NOW ON THE LEFT AND ON THE RIGHT, WE HAVE THE SURVEY OVERLAID ONTO THE AERIAL MAPS.
AND HERE WE HAVE THE SAME PROPERTY LOOKING SOUTH.
AND THOSE THREE BUILDINGS THAT ARE KIND OF HIGHLIGHTED THERE ARE THE THREE BUILDINGS IN QUESTION.
WE HAVE THE PROPERTY TO THE EAST, TO THE SOUTH AND TO THE WEST.
AND THIS CONCLUDES STAFF'S REPORT.
DOES ANYONE HAVE QUESTIONS OF STAFF? I MISSED IT.
YEAH. PUBLIC NOTICE AND COMMENTS.
THERE WERE 24 SENT AND NONE OF THOSE WERE RETURNED.
[00:05:03]
NO. NO. OKAY. THANK YOU.I HAVE A QUESTION. IS THIS I MEAN, I KNOW THAT WE'VE SEEN THIS BEFORE.
IS IT EXACTLY THE SAME PROPOSAL COMING TO US THIS TIME? I BELIEVE SO.
THE PREVIOUS REQUEST HAD WAS NOT SPECIFICALLY DENIED.
IT JUST DIDN'T HAVE ENOUGH AFFIRMATIVE VOTES TO PASS.
I BELIEVE THE APPLICANT IS MAKING THE EXACT SAME REQUEST, BUT I BELIEVE THE APPLICANT IS ALSO HERE.
OKAY. ANY OTHER QUESTIONS OF STAFF? ARE THEY ALL THREE GOING TO BECOME RESIDENTIAL? THAT WOULD BE A QUESTION, I THINK, FOR THE APPLICANT.
I WILL NOTE THAT IN THIS CASE, COMMERCIAL ZONING DOES ALLOW RESIDENTIAL AS WELL.
SO THE REQUEST DOESN'T NECESSARILY CHANGE THE LAND USES THAT ARE POSSIBLE.
SO SETBACK LINES FOR RESIDENTIAL WOULDN'T APPLY? NOT NECESSARILY. IT WOULD GO IT WOULD GO BY IT WOULD GO BY BASE ZONING AND THE BASE ZONING IS GOING TO REMAIN COMMERCIAL.
SO. ANY OTHER QUESTIONS OF STAFF? NO. APPLICANT READY FOR YOU.
PLEASE STATE YOUR NAME. SIGN IN.
WE HAVE ALL THESE ARE FINISHED.
WE HAVE [INAUDIBLE] LISTING UP ON THE CORNER STORE AS WELL.
IT'S GOING TO BE COMPLETELY CONVERTED INTO RESIDENTIAL.
NOW, I KNOW LAST TIME MR. CLEMENT HAD A CONCERN OF DOWN THE ROAD.
CAN SOMEBODY TURN THIS INTO COMMERCIAL? I CAN'T GUARANTEE YOU THAT.
BUT OUR INTENT IS THESE ARE ALL RESIDENTIAL.
THEY'VE ALL BEEN COMPLETELY DONE.
LAST TIME WE HAD JUST CONFIRMED THAT TEN FOOT OF THAT ALLEYWAY IS INDEED OURS.
WE SO THAT WOULD GIVE US OUR 17 OR 22 AND THEN OUR 22 AS WELL.
WE DID OUR L2 VARIANCE, I BELIEVE, DANIEL, FOR THE AWNING AS WELL, THAT THAT'S PAST THE PROPERTY LINE, BASICALLY SAYING THAT AWNING WAS GRANDFATHERED IN.
WE WERE APPROVED OF THAT AS WELL.
ESSENTIALLY IT'S WE WANT TO SPLIT THESE UP, MAKE IT EASIER TO SELL FOR EVERYBODY.
AN ADDITION, THAT SEWER LINE THAT RUNS THROUGH THAT ALLEYWAY IS RIGHT ON THE EDGE OF THAT.
SO IF WE CAN SPLIT THESE UP, I WAS GOING TO GRANT A VARIANCE OR GIVE A EASEMENT TO THE PUBLIC WORKS THEMSELVES SO THEY CAN MAINTAIN ACCESS, WHATEVER THEY NEED FOR THAT.
LAST TIME, I THINK DANIEL HAD SPOKEN WITH THEM.
THEY HAD ALSO RECOMMENDED THAT WE APPROVE THIS AS WELL.
SO OTHER THAN THAT, I MEAN, WE ARE PLANNING ON RESIDENTIAL.
THEY ALL HAVE BEEN COMPLETELY REDONE.
DOES ANYBODY HAVE ANY QUESTIONS FOR ME? ANY QUESTIONS? GO AHEAD.
I HAVE A QUESTION. YES, MA'AM. WHY DON'T YOU REZONE IT? AND I'M KIND OF IGNORANT ON THIS, BUT WHY NOT REZONE IT RESIDENTIAL, IF THAT'S WHAT YOU'RE INTERESTED? HONESTLY, IF WE DO THE RESIDENTIAL, YOU'RE TALKING 6 TO 8 MONTHS DOWN THE ROAD.
SO REZONE I HAVE TO REZONE IT AND THEN I HAVE TO RE PLAT IT GOING THROUGH ALL OF THOSE.
THIS IS THIS IS THE QUICKEST, EASIEST, MOST EFFICIENT WAY TO DO SO.
I DO UNDERSTAND THAT'S 4000FT FOR COMMERCIAL VERSUS 2500FT FOR RESIDENTIAL.
BUT AS DANIEL SAID EARLIER, COMMERCIAL KIND OF SAYS YOU CAN BE COMMERCIAL OR RESIDENTIAL.
RIGHT. SO THE DIFFERENCE BETWEEN 2500 AND 4000 SQUARE FOOT TO ME, I MEAN, ME PERSONALLY, IF THERE'S COMMERCIAL SAYING YOU CAN BE RESIDENTIAL, THEN THEN THE DIFFERENCE BETWEEN THAT I THINK IS OBSOLETE IN MY MIND.
ANY OTHER QUESTIONS OF THE APPLICANT? ALL RIGHT. THANK YOU.
SO CURRENTLY RIGHT NOW, THERE ARE FENCES THERE.
WHEN WE BOUGHT THIS STRUCTURE, THERE ARE ALREADY FENCE LINES THERE.
[00:10:01]
SO I KIND OF WENT OFF OF THAT FENCE LINE.NOW, SURELY I COULD MOVE THOSE FENCE LINES TO GIVE US BETTER SQUARE FOOTAGE IF NEED BE.
BUT OBVIOUSLY YOU SEE THERE'S DRIVEWAYS POURED THERE TOO, SO I CAN MOVE THEM A LITTLE BIT IF WE NEED TO GET INTO IT THEN IF WE DO YOU NEED TO MOVE THE FENCE A CONSIDERABLE AMOUNT THEN I WOULD OBVIOUSLY HAVE TO TEAR UP AND REDO DRIVEWAYS AS WELL.
THE DRIVEWAYS HAVE BEEN THERE.
I HAVE NOT TOUCHED ANY OF THAT.
THOSE ARE ALL FROM WHEN WE PURCHASED IT.
AND ARE YOU, YOU'RE PLANNING ON SELLING THESE PROPERTIES INDIVIDUALLY? YES, SIR. BECAUSE AS OF RIGHT NOW IN THIS STATUS, YOU SELL THAT WHOLE PROPERTY.
IT'S HARD TO FIND A BUYER IN TODAY'S MARKET.
THAT'S EXACTLY RIGHT. YEAH, I DON'T KNOW IF YOU ALL HAVE SEEN THE HARD LISTINGS LATELY [INAUDIBLE].
AFFORDABLE, RIGHT, COMPARED TO MOST OF THE HOUSING WE SEE RIGHT NOW IN THE WEST END, $5 OR $600,000.
THEY'RE NOT MOVING. AND ARE YOU COMPLETELY DONE WITH CONSTRUCTION ON THESE? COMPLETELY DONE 100%.
AND THAT WAS AN OLD PICTURE OF THE BLUE.
YEAH, I WAS TRYING TO GET OUR PHOTOS IN TIME TO GET.
WE HAVE ACTUALLY HAVE LATTICE AROUND THAT WHOLE BOTTOM OF THAT CORNER.
IT'S YEAH. I DRIVE BY IT EVERY DAY AND YOU LEAVE THE LIGHTS ON AT NIGHT SO I CAN ACTUALLY SEE IT.
AND YOU'VE DONE A PRETTY GOOD JOB ON THE INSIDE.
IT LOOKS GOOD. I LIKE HOW YOU STAINED THE BEAMS AND ALL THAT.
DOES EACH PROPERTY HAVE ITS OWN MAILBOX THEY ALL HAVE THEIR OWN ADDRESS.
YEAH. ALL THEY ALL HAVE THEIR OWN METERS, THEIR OWN SEWER TAPS.
THEIR OWN WATER TAPS. THAT'S CORRECT.
ANYTHING ELSE? ANYTHING ELSE FOR THE APPLICANT? ALL RIGHT. THANK YOU.
SO AT THIS TIME, THERE'S NOT MUCH NEED FOR A PUBLIC HEARING.
BUT I WILL OPEN THE PUBLIC HEARING AND NOW I WILL CLOSE THE PUBLIC HEARING AND ASK FOR A VOTE.
I'LL MAKE A MOTION OR I'LL TAKE A STAB AT IT.
YES, MA'AM. OKAY, NOW, CATHERINE, YOU'RE GOING TO HAVE TO HELP ME OUT HERE, OKAY.
TELL ME IF I HAVE TO READ ALL OF THIS.
BUT ANYWAY, I'LL GET STARTED, AND THEN YOU PROMPT ME.
I MAKE A MOTION FOR APPROVAL DUE TO THE FOLLOWING SPECIAL CONDITIONS THAT EXIST ON THE PROPERTY THAT DOES NOT GENERALLY EXIST OF OTHER PROPERTIES IN THE SAME ZONING DISTRICT.
THAT SPECIAL CONDITION IS THREE STRUCTURES ARE LOCATED ON ONE COMMERCIAL LOT, THE SUBDIVIDING OF WHICH CANNOT ADHERE TO THE REQUIRED COMMERCIAL LOT SIZE.
DO I KEEP TALKING? KEEP GOING, KEEP GOING YOU'VE DONE THE HARD PART.
YOU'VE DONE THE SPECIAL CONDITIONS AND THE REST IS JUST READING FROM THE PAGE.
OKAY. THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THAT THE HARDSHIP IS NOT SELF IMPOSED.
THE HARDSHIP IS NOT BASED SOLELY ON FINANCIAL CONSIDERATIONS, CONVENIENCE OR INCONVENIENCE.
THE REQUESTED VARIANCE DOES NOT HAVE A DETRIMENTAL IMPACT UPON THE CURRENT OR FUTURE USE OF THE ADJACENT PROPERTIES OR PURCHASES FOR WHICH THEY ARE ZONED PUBLIC INFRASTRUCTURE OR SERVICES AND PUBLIC HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE COMMUNITY.
THE DEGREE OF VARIANCE ALLOWED FROM THESE REGULATIONS IS THE LEAST THAT IS NECESSARY TO GRANT RELIEF FROM THE IDENTIFIED UNNECESSARY HARDSHIP. THE VARIANCE WILL NOT BE USED TO CIRCUMVENT OTHER PROCEDURES AND STANDARDS OF THESE REGULATIONS THAT COULD BE USED FOR THE SAME OR COMPARABLE EFFECT. AND BY GRANTING THE VARIANCE, THE SPIRIT OF THESE REGULATIONS IS OBSERVED AND SUBSTANTIAL JUSTICE IS DONE.
EASY FOR HER TO SAY. [LAUGHTER] WE HAVE A MOTION FOR APPROVAL.
DO I HAVE A SECOND? I'LL SECOND IT. I DO HAVE A MOTION AND A SECOND.
IS THERE ANY DISCUSSION? YES, MA'AM. YOU KNOW, THE SITUATION HERE IS THAT THIS LOT IS ONE COMMERCIAL LOT
[00:15:02]
AND SUBDIVIDING IT ISN'T WILL NOT EVEN COME CLOSE TO CONFORMING WITH AN R-1 DESIGNATION OUTSIDE OF THIS COMMERCIAL ZONE.AND SO THERE'S NO REAL POINT IN BELABORING THAT, I DON'T THINK.
I THINK THE ONLY WAY THAT WE CAN MEET THE OBJECTIVES OF THE APPLICANT AND ALSO PRESERVE THE INTEGRITY OF THE COMMERCIAL LAW IS TO SUBDIVIDE IT AND ALLOW THE COMMERCIAL ZONE TO EXIST.
NOW, WHAT HAPPENS IS RIGHT, I MEAN, WHAT HAPPENS WITH THIS SALE OR WHATEVER IS UP TO THE PURCHASER.
THEY'LL HAVE THE VALUE TIED TO THE LAND AND TIED TO THAT LAND IS THE COMMERCIAL ZONE.
THAT IS THAT ZONE CONVEYS TO THE BUYER.
SO IN MY MIND, WE MIGHT AS WELL ALLOW THIS IN ORDER TO RESOLVE THIS ISSUE THAT THE APPLICANT HAS.
THAT'S THE ONLY WAY I CAN SEE IT.
THANK YOU. ANY OTHER DISCUSSION? YES, MA'AM. SINCE WE SAID WE'RE GOING TO TALK A LITTLE MORE.
I MEAN, TO ME, IT'S JUST STILL VERY NOT CLEAR ABOUT THE SPECIAL CONDITION, IT'S ONE LOT WITH THREE STRUCTURES ON IT. THAT'S THE FACT.
I DON'T KNOW IF IT'S SPECIAL CONDITION, REALLY.
I BET WE CAN FIND THIS CONDITION A LOT.
BUT BUT, YES, THE APPLICANT IS I MEAN, I TOTALLY UNDERSTAND HIS POSITION.
AND YES, THAT THIS WILL BE THE ONLY SOLUTION FOR HIM TO MOVE FORWARD WITH THIS.
SO. SO I STILL DON'T UNDERSTAND IF IT'S REALLY A SPECIAL CONDITION.
BUT I AGREE THAT I DON'T KNOW IF WE ALL HAVE A CHOICE REALLY AT THIS POINT, BECAUSE IT'S LIKE YOU SAID, WE APPRECIATE THE APPLICANTS COMING ALL THE WAY HERE DOING ALL THIS AND TOTALLY UNDERSTAND THAT THIS NEEDS TO BE DONE.
SO I'M REALLY I DON'T KNOW IF THIS HELPS ANY, BUT IT'S DEFINITELY NOT A CLEAR APPLICATION.
YES OR NO. AND I DON'T KNOW IF WE NEED TO FURTHER DISCUSS, BUT.
I'M GLAD YOU SPOKE UP BECAUSE, YOU KNOW, PART OF ME IS JUST RIGHT WITH YOU.
AND AT THE SAME TIME, THE HARDSHIP IS BASED ON FINANCIAL CONSIDERATIONS.
THE HARDSHIP IS YOU CAN'T SELL THIS AS A BIG LOT UNLESS IT'S SUBDIVIDED.
SO OR YOU COULD PROBABLY SELL IT, BUT IT'S HARDER.
IT'S YEAH, IT'S GOING TO MAKE IT HARDER.
AND SO RIGHT NOW, THE WORK THAT YOU'VE DONE MEANS THAT THESE WOULD NEED TO BE RENTALS, MOST LIKELY.
OKAY. SO WE'RE NOT GOING TO GO BACK AND FORTH WITH THE APPLICANT.
OKAY. UNLESS THE CHAIRMAN CHOOSES TO OPEN UP THE HEARING AGAIN.
OKAY. I WILL SAY THAT THE MOTION THAT WAS PRESENTED DID NOT.
THE SPECIAL CONDITION WAS NOT BASED ON A FINANCIAL HARDSHIP.
FROM WHAT I HEARD, WAS THAT THERE'S THREE STRUCTURES ON A COMMERCIAL LOT, WHICH IN ITSELF MAY BE UNIQUE. NOT NECESSARILY A COMMON SITUATION.
THERE ARE OTHER THINGS THAT HAVE COME OUT IN THIS HEARING THAT IF YOU WOULD LIKE TO AMEND OR ASK FOR THE MOTION TO BE AMENDED WITH SOMETHING ADDITIONAL, YOU CAN ALWAYS DO THAT.
BUT THERE IS AN ACTIVE MOTION ON THE TABLE.
WE'RE NOT HERE TO DETERMINE WHAT THE PROPERTIES MAY BE USED FOR IN THE FUTURE.
[00:20:06]
WE'RE NOT HERE TO SAY GO AND DO A DIFFERENT TYPE OF MECHANISM TO ACHIEVE THE GOAL, THE APPLICANT'S GOAL.WHAT I HEARD WAS EACH HAS THEIR OWN TAPS.
THEY HAVE THEIR OWN ADDRESSES.
I MEAN, THERE ARE A NUMBER OF THINGS THAT I'VE HEARD THAT'S BEEN PRESENTED.
WE'RE NOT HERE TO TALK ABOUT WHETHER OR NOT IT COULD BE USED AS A TATTOO PARLOR.
WHY ARE WE NOT, THOUGH, ALLOWED TO HAVE A FULL DISCUSSION? BECAUSE I THINK THAT'S PART OF A FULL DISCUSSION THAT WE ARE ABLE TO TALK ABOUT.
SO WHAT'S ULTIMATELY GOING TO HAPPEN? BUT THAT'S NOT WHAT'S ULTIMATELY GOING TO HAPPEN.
WELL, BUT CAN WE NOT HAVE A DISCUSSION LIKE PEOPLE WOULD ABOUT AN ISSUE AND THEN GO FROM THERE BASED UPON WHAT THE MOTION WAS? YOU CAN HAVE A DISCUSSION.
I WANT THE BOARD TO HAVE A FULL DISCUSSION, BUT WE'VE GOT TO KEEP IT WITHIN THE RULES.
OKAY. THIS IS A QUASI JUDICIAL COURT.
THIS IS NO GOING TO CITY COUNCIL OR PLANNING.
YEAH. THERE'S A RECORD THAT'S BEING CREATED.
MY GOAL HERE IS NOT TO TELL YOU GUYS HOW TO VOTE, BUT I'M HERE TO PROTECT THE CITY, TO MAKE SURE THAT IF THERE'S AN ADDITIONAL EVENT THAT OCCURS OUT OF THIS HEARING THAT THE CITY IS WELL PROTECTED AS POSSIBLE.
I KNOW, I KNOW. PLEASE LET HER SPEAK.
I MEAN, STICK WITH WHAT'S BEEN PRESENTED.
OTHER THAN THAT, IT'S ARBITRARY AND CAPRICIOUSNESS THAT YOU GUYS ARE GOING DOWN THAT ROAD.
WELL, FOR I MEAN, WE'RE TALKING ABOUT REZONING AS COMMERCIAL.
I DON'T THINK IT'S ARBITRARY AND CAPRICIOUS TO SUGGEST THAT THEY'VE.
AND THIS IS THE PATH THAT THEY HAVE CHOSEN.
THOSE OF YOU THAT HAVE BEEN ON THE BOARD WITH ME A WHILE KNOW THAT IF THIS HAD COME IN ANY PORTION OF THAT LOT WAS EMPTY AND WHERE WE COULD REZONE IT TO WHERE THE LOTS FIT A RESIDENTIAL SIZE, I WOULD HAVE OPPOSED IT.
AND AS I HAVE EVERY SINGLE ONE THAT'S EVER COME IN ASKING FOR A REZONE TO A SMALLER LOT, IF IT WAS NOT THE BEST ALTERNATIVE.
IN THIS CASE, IT APPEARS TO ME TO BE THE BEST ALTERNATIVE BECAUSE AS IT IS NOW, ALL OF THE THINGS THAT HAVE BEEN DISCUSSED COULD GO THERE. WHAT WE'RE LOOKING AT IS THE BEST CASE OPTION TO GET INDIVIDUAL HOMEOWNERS INTO INDIVIDUAL PROPERTIES AND IT APPEARS TO ME TO BE THE LEAST PUNITIVE TO THE APPLICANT AND THE MOST BENEFICIAL TO THE CITY TO CREATE THREE DEVELOPED RESIDENTIAL PROPERTIES IN A CITY THAT IS DESPERATE FOR DEVELOPED RESIDENTIAL PROPERTIES. IS IT A GOOD SOLUTION? I DON'T THINK IT IS, BUT THE BEST SOLUTION IS ONE THAT'S NOT FEASIBLE AND THAT'S TO SOMEHOW CREATE ADDITIONAL LAND.
SO I'M GOING TO VOTE IN FAVOR OF THE MOTION, AND I THINK THAT THAT'S OUR BEST ALTERNATIVE WITH THE LEAST DAMAGE TO ANY ONE OF THE CONCERNED PARTIES.
OKAY. BUT I HEAR A LOT OF DISCUSSION ABOUT RESIDENTIAL.
AND IN THAT SHOULD NOT BE TAKEN INTO
[00:25:01]
CONSIDERATION IN DIVIDING LOTS.I MEAN, I AGREED IT MAKES TOTAL SENSE TO ME.
BUT IT'S ONE COMMERCIAL LOT DIVIDED INTO THREE COMMERCIAL.
OKAY. THAT'S ALL THAT WAS THANK YOU. AND I'M PRETTY SURE THE ASSISTANT CITY ATTORNEY HAS MADE THAT POINT VERY CLEAR TO YOU.
ALL RIGHT. SO I HAVE ANOTHER QUESTION.
SO HAVE WE JUST THEN SET A PRECEDENT THAT COMMERCIAL LOTS CAN BE REALLY SMALL? IS THAT A QUESTION I'M ALLOWED TO ASK? EVERY CASE IS CONSIDERED ON ITS OWN MERITS, AND EVERY DECISION IS ON A CASE BY CASE BASIS.
YOU KNOW, THEIR ONLY RECOURSE IS TO TAKE US TO DISTRICT COURT.
OKAY. AND I MEAN, THAT'S IT, RIGHT? OR AM I STATING THAT CORRECTLY, DONNA? IF THEY WANTED TO TAKE US TO COURT.
THAT WOULD BE THE NEXT ACTION.
IF THIS IS DENIED, IF THAT'S WHAT HE CHOOSES TO DO.
I MEAN, HE DOES. RIGHT. RIGHT. I UNDERSTAND THAT.
BUT I MEAN, IF THE SITUATION WE HAVE HERE IS UNUSUAL IN THAT IT ENDED UP HERE, WE DON'T SEE THE RUN OF THE MILL CASES.
THIS DOESN'T HAPPEN EVERY DAY.
AND MY POINT IS, BECAUSE IT IS SO UNUSUAL.
OKAY. YOUR MOTION IS WHAT IS BEING DISCUSSED.
OKAY. NOW I'M GOING TO ASK YOU, DID I SAY THE MOTION INCORRECTLY? NO, NO. IT'S GOOD ENOUGH.
OKAY. THANK YOU. WANTED TO ADD OR SAY, YOU KNOW, I DON'T AGREE.
IT'S NOT TO CHANGE WHAT THE APPLICANT HAS, YOU KNOW, OR TO TELL THEM TO GO DOWN A DIFFERENT ROAD.
IT'S NOT A CONJECTURE ABOUT WHAT HE COULD USE THESE PROPERTIES FOR.
YOU KNOW, TO SAY YAY OR NAY ON.
I KNOW WE DON'T HAVE COMMERCIAL CORRIDORS IN GALVESTON AS MUCH, BUT WE REALLY IT'S 45TH STREET.
I MEAN, YOU HAVE THREE RESIDENTIAL PROPERTIES.
YOU COULD PROBABLY COUNT ON TWO HANDS.
AND DON'T FORGET GALVESTON I MEAN, IT'S A VERY MIXED USE COMMUNITY.
IT REALLY IS. AND I THINK, YOU KNOW, FUTURE USE, WHATEVER.
AND I THINK IT'S JUST A VERY UNIQUE SITUATION THAT IT IS CASE BY CASE.
SO, YOU KNOW, WE'RE WORRIED ABOUT PRECEDENT, BUT I MEAN, THESE ARE ALL CASE BY CASE WHERE IT'S WHERE WE LOOK AT THESE AND, YOU KNOW, SO I MEAN, I HAVE NO ISSUE WITH THIS HERE IN GALVESTON. ALL RIGHT.
ANYONE ELSE? YEAH. ANYONE ELSE? ALL RIGHT. I'LL CALL FOR A VOTE THEN.
ALL IN FAVOR OF THE MOTION? RAISE YOUR HAND.
ALL RIGHT. THANK YOU VERY MUCH, SIR, FOR BRINGING THIS.
I BELIEVE THERE'S NOTHING ELSE ON HERE, SO I DO SAY THAT WE'RE ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.