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GOOD AFTERNOON. I WOULD LIKE TO CALL THIS MEETING TO ORDER.
[Zoning Board of Adjustments on May 7, 2025.]
IT'S 3:30 P.M.. WELCOME TO THE GALVESTON ZONING BOARD OF ADJUSTMENT MEETING OF MAY 7TH, 2025.THIS MEETING IS RECORDED AND AVAILABLE TO THE PUBLIC ON THE CITY'S WEBSITE.
PLEASE SPEAK CLEARLY AND DIRECTLY INTO THE MICROPHONES.
ATTENDANCE HAS BEEN TAKEN ON THE SIGN IN SHEET.
DO YOU ALL HAVE THAT BACK? OKAY. WE DON'T HAVE ANYBODY ABSENT TODAY.
AND THE QUORUM IS PRESENT. IS THERE ANY CONFLICT OF INTEREST FOR ANY OF THE CASES? THE FOUR CASES TODAY. SEEING NONE.
ARE THERE ANY CORRECTIONS FOR THE MEETING MINUTES? WE DIDN'T HAVE ANY MINUTES ON THIS AGENDA, SO WE'LL HAVE TWO SETS OF MINUTES ON THE NEXT ONE.
OKAY. IS THERE ANYONE WHO WOULD LIKE TO ADDRESS THE COMMISSION ON AGENDA ITEMS WITHOUT PUBLIC HEARINGS OR NON AGENDA ITEMS? ANYBODY FROM THE PUBLIC? NO. OKAY. IN THAT CASE, WE'LL MOVE ON WITH NEW BUSINESS.
CASE 25Z.007. STAFF REPORT, PLEASE. THIS IS 11222 SCHWARTZ DRIVE. IT'S A REQUEST FOR A SPECIAL EXCEPTION FROM THE GALVESTON LAND DEVELOPMENT REGULATIONS.
24 PUBLIC NOTICES WERE SENT TO RETURNED, ONE IN FAVOR AND ONE IN OPPOSITION.
NO OBJECTION FROM CITY DEPARTMENTS OR PRIVATE UTILITIES.
IS. THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION FROM ARTICLE THREE ADDENDUM.
IN ORDER TO REDUCE THE REQUIRED MINIMUM FRONT SETBACK FROM 20FT TO 16FT TO ALLOW FOR STAIRS AND A LANDING IN ACCORDANCE WITH SECTION 12.401 OF THE LAND DEVELOPMENT REGULATIONS. A FRONT YARD EXCEPTION MAY BE REQUESTED WHEN THE FRONT YARD SETBACK OF THE ADJACENT LOTS DO NOT MEET THE FRONT YARD.
SETBACKS REQUIRED BY THE LDR. PLEASE SEE EXHIBIT A FOR THE APPLICANT'S SUBMITTAL.
THE PROPERTY TO THE EAST, 11220 SCHWARTZ DRIVE HAS A SETBACK OF 16FT.
11220 SCHWARTZ DRIVE RECEIVED A SPECIAL EXCEPTION FROM THE ZONING BOARD OF ADJUSTMENT ON FEBRUARY 5TH, 2025 TO REDUCE THEIR FRONT YARD SETBACK FROM 20FT TO 16FT.
THE APPLICANT SUBMITTED ADDITIONAL INFORMATION THAT THE PROPERTY AT 11216 SCHWARTZ HAS A FRONT SETBACK OF FOUR FEET AND THE PROPERTY AT 11214 SCHWARTZ HAS A SETBACK OF 11FT. PLEASE NOTE THE SETBACK REQUIREMENTS.
THE INFORMATION ABOUT SPECIAL EXCEPTIONS AND APPROVAL STANDARDS IN YOUR STAFF REPORT.
THE APPLICANT'S JUSTIFICATION IS AS FOLLOWS. LAND DEVELOPMENT REGULATIONS ARTICLE 2.401, SECTION 2.A1 AND 2.A1 V AND THEN THE LOT INFORMATION AND SETBACK INFORMATION FOR THOSE PROPERTIES ON SCHWARTZ THAT WE JUST DISCUSSED.
WE HAVE SOME PHOTOS. THIS IS THE SUBJECT PROPERTY.
IT IS CURRENTLY UNDER CONSTRUCTION. AND THIS IS THE SITE PLAN SHOWING THE PROPOSED SETBACK OF 16FT RATHER THAN THE 20FT. THIS IS THE INFORMATION SUBMITTED FOR THE DIRECTLY ADJACENT PROPERTY AT 11220. SCHWARTZ. AND THEN THE NEXT TWO SLIDES ARE THE OTHER SLIDE.
THE NEXT SLIDE IS THE NEXT THE OTHER TWO PROPERTIES ON SCHWARTZ.
AND THEN THE LAST SLIDE ARE THE PROPERTIES TO THE EAST, WEST AND SOUTH.
AND THAT CONCLUDES STAFF'S REPORT. THANK YOU.
DOES THE COMMISSION HAS ANY QUESTIONS FOR STAFF? EXCUSE ME. I HAVE A CLARIFICATION QUESTION. ACCORDING TO WHAT I'M READING, FOR A SPECIAL EXCEPTION A FRONT YARD EXCEPTION WHERE THE FRONT YARD SETBACK OF THE ADJACENT LOT DOES NOT MEET THE FRONT YARD REQUIREMENTS OF THOSE REGULATIONS.
SO, ACTUALLY, IF THERE'S NOT A PROPERTY TO THE WEST OF THIS PARTICULAR PROPERTY, THIS CASE PROPERTY, THE ONLY PROPERTY THAT WE'RE CONCERNED WITH THEN WOULD BE THE ONE TO THE EAST, ADJACENT TO WHICH WOULD BE 11 TO 2. RIGHT. IS THAT CORRECT? THANK YOU. ANY MORE QUESTIONS? OKAY. A PUBLIC HEARING FOR CASE 25Z-007 IS OPEN, AND THE STAFF REPORT IS MADE.
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A PART OF THE PUBLIC HEARING. IS THE APPLICANT PRESENT? PLEASE COME TO THE PODIUM. STATE YOUR NAME AND SIGN IN FOR.WELL, GENERALLY SPEAKING, WE STARTED CONSTRUCTION, AND I BELIEVE THE SIMPLEST IS TO UNDERSTAND THAT THE SIZE OF THE LOT, WHICH EVERYTHING ON THE NORTH SIDE OF SCHWARTZ, THE FIRST FOUR LOTS, THE STATE HIGHWAY DEPARTMENT TOOK 15FT OFF THE BACK OF THEM.
SO WHERE MOST LOTS IN IN THAT NEIGHBORHOOD ARE APPROXIMATELY 3100FT².
SO IT JUST CONDENSED EVERYTHING, MADE EVERYTHING A LITTLE MORE DIFFICULT.
SO WITH THAT IN UNISON WITH THE, WITH THE FACT THAT I DON'T BELIEVE THEY UNDERSTOOD THE ELEVATION REQUIREMENTS, THERE WAS NOT A WAY TO GET THE STAIRS TO COME FROM UNDERNEATH THE HOUSE.
MEET CODE FOR HEADROOM REQUIREMENTS FROM A LANDING TO THE NEAREST STRUCTURE ABOVE YOU.
AND THEN STILL HAVE ENOUGH ROOM TO LAND THE STAIRS ON THE UPPER BALCONY.
SO IT FORCED THE STAIRS TO END UP RIGHT IN FRONT OF THE.
YOU OPEN THE DOOR AND YOU'D BE GOING DOWN THE STAIRS, AND IT JUST WASN'T A SAFE? IN MY OPINION, IT WASN'T SAFE. SO WE JUST PUT A HALT TO IT AND CHOSE TO GO THIS ROUTE.
THANK YOU. ANY QUESTIONS FOR THE APPLICANT? NO.
THANK YOU. AND YOU CAN BE SEATED. THANK YOU MA'AM. DO WE HAVE ANYBODY FROM THE PUBLIC THAT WISHES TO SPEAK ON THIS CASE? NONE. PUBLIC HEARING FOR CASE 25Z-007 IS CLOSED, AND THE CASE IS RETURNED TO THE COMMISSION FOR CONSIDERATION. DO WE HAVE A MOTION? I'LL MAKE A MOTION.
GO AHEAD. I MOVE THAT WE APPROVE THE APPLICANT'S REQUEST IN THAT IT WILL NOT ADVERSELY AFFECT THE VALUE AND USE OF ADJACENT, ADJACENT AND NEIGHBORING PROPERTY, NOR WILL IT BE CONTRARY TO THE PUBLIC INTEREST.
DO WE HAVE A SECOND? I SECOND. THANK YOU. ANYTHING TO DISCUSS? I'D JUST LIKE TO MAKE A STATEMENT THAT WE CAN ONLY CONSIDER THIS BECAUSE THE NEXT DOOR ADJACENT LOT IS OUT OF COMPLIANCE, OR WAS GIVEN AN APPROVAL SO THAT BECAUSE WE HAD ALREADY GIVEN THE NEXT DOOR NEIGHBOR A VARIANCE OR AN EXCEPTION, THEN WE CAN CONSIDER THIS. SO I WOULD LIKE CAN WE MAKE THAT PART OF THE MOTION.
CAN WE I MEAN I WOULD LIKE TO INCLUDE THAT IN THE MOTION.
YOU SHOULD AMEND THE MOTION. I CAN'T BECAUSE YOU MADE IT.
I CAN ONLY OFFER, I CAN ASK YOU TO MAKE THAT.
THE GUIDELINES DON'T STIPULATE THAT WE HAVE TO MAKE, YOU KNOW, STATE THE GROUNDS FOR THE REASON.
OKAY. THEN I WITHDRAW. AND THAT'S IT ON THE RECORD IN THE STAFF REPORT.
OKAY. THANK YOU. ANYTHING ELSE? OKAY. IN THAT CASE, WE'LL GO TO VOTE. ALL THOSE IN FAVOR? OKAY. THAT'S ALL.
OKAY. 25, CASE 25Z-008. STAFF REPORT, PLEASE.
THIS IS 17427 BRISTOL DRIVE. IT'S A REQUEST FOR A SPECIAL EXCEPTION TO THE GALVESTON LAND DEVELOPMENT REGULATIONS ARTICLE THREE, DISTRICT YARD LOT AND SETBACK ADDENDUM FOR THE RESIDENTIAL SINGLE FAMILY R-1 ZONING DISTRICT TO REDUCE THE FRONT YARD SETBACK.
PUBLIC NOTICES SENT WERE 37, THREE RETURNED, ONE IN FAVOR, ONE OPPOSED, AND ONE NO COMMENT.
NO OBJECTION FROM CITY DEPARTMENTS OR PRIVATE UTILITIES.
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BACKGROUND. THIS PROPERTY RECEIVED A SPECIAL EXCEPTION FROM THE ZONING BOARD OF ADJUSTMENT ON APRIL 3RD, 2024 TO REDUCE THE REAR SETBACK FROM 10FT TO 6FT.AND THAT WAS UNDER CASE 24Z-002. SUMMARY. THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION FROM ARTICLE THREE ADDENDUM IN ORDER TO REDUCE THE REQUIRED MINIMUM FRONT SETBACK FROM 20FT TO 18FT TO ALLOW FOR AN AC PLATFORM.
IN ACCORDANCE WITH THE LAND DEVELOPMENT REGULATIONS A FRONT YARD EXCEPTION MAY BE REQUESTED WHERE THE FRONT YARD SETBACK OF THE ADJACENT LOT DOES NOT MEET THE FRONT YARD SETBACKS REQUIRED BY THE LDR. PLEASE SEE EXHIBIT A FOR THE APPLICANT'S SUBMITTAL.
THE PROPERTY TO THE WEST 17507 BRISTOW HAS A SETBACK OF 15.5FT.
I PROVIDED THE PHOTOS TO SHOW THIS. THESE ARE STAFF'S PHOTOS.
AND THEN WE HAVE THE PROPERTIES TO THE NORTH, EAST AND WEST.
AND THAT CONCLUDES STAFF'S REPORT. THANK YOU.
DO WE HAVE QUESTIONS FOR STAFF? YES. CAN YOU JUST STAY ON THAT FOR A MINUTE? I HAVE A QUESTION FOR STAFF. HOW WAS THIS LINE DETERMINED? IS THIS SOMETHING THAT YOU ALL DID AND VERIFIED? THIS WAS PROVIDED BY THE APPLICANT. IS THERE ANY WAY TO VERIFY THAT? WE LOOK AT OUR GIS SYSTEM AND WE DO A MEASUREMENT.
IT'S NOT PRECISE, BUT WELL, IT'S NOT COMPLETELY ACCURATE, BUT IT'S ENOUGH TO VERIFY IT.
SO YES, STAFF LOOKS AT IT. OKAY. THANK YOU. ANY MORE QUESTIONS? OKAY. PUBLIC HEARING FOR CASE 25Z-008 IS OPEN AND THE STAFF REPORT IS MADE A PART OF THE PUBLIC HEARING.
IS THE APPLICANT PRESENT? PLEASE STATE YOUR NAME AND SIGNING FOR THE RECORD.
MY NAME IS RYAN GANNON. YOU WANT TO TELL US A LITTLE MORE ABOUT.
WHEN I DID FIND OUT, I WENT BACK AND LOOKED AT THE ADJACENT PROPERTIES AND ALSO REALIZED THERE ARE MULTIPLE PROPERTIES, INCLUDING MY NEIGHBOR AND THE HOUSE RIGHT NEXT TO THAT ONE.
INITIALLY I WAS JUST GOING TO GO CUT MY AC PAD BACK, BUT AS YOU MENTIONED AT THE BEGINNING OF THIS, I'VE GONE THROUGH THIS PROCESS BEFORE. AND I DO UNDERSTAND THAT IF THERE ARE PROPERTIES ON YOUR STREET ON THE SAME SIDE EXCEEDING THE SETBACK THAT IT IS FOR CAUSE.
SO. THANK YOU. SIR, WE JUST NEED TO ASK IF ANYBODY HAS ANY QUESTIONS.
APOLOGIES. I HAVE A QUESTION. OKAY. SO YOU HAD ALREADY INSTALLED THE AC BEFORE YOU FOUND OUT THAT YOU WERE OUT OF COMPLIANCE, IS THAT CORRECT? CORRECT. YEAH. ALL MY GREEN TAGS WERE DONE.
I WENT IN TO GET MY CO BECAUSE THAT'S THE WAY I THOUGHT I WAS ABLE TO.
AND THAT'S WHEN DAVID AND I DISCUSSED IT AND YES.
OKAY. THANK YOU. ANY MORE QUESTIONS? THANK YOU.
THANK YOU. IS THERE ANYBODY FROM THE PUBLIC THAT WISHES TO SPEAK? NONE. PUBLIC HEARING FOR CASE 25Z-008 IS CLOSED AND THE CASE IS RETURNED TO THE COMMISSION FOR CONSIDERATION. DO WE HAVE A MOTION? I MOVE APPROVAL DUE TO THE FACT THAT THE REQUEST WILL NOT AFFECT ADVERSELY THE VALUE AND USE OF ADJACENT AND NEIGHBORING PROPERTY,
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NOR WILL IT BE CONTRARY TO THE PUBLIC INTEREST.THANK YOU. DO WE HAVE A SECOND? SECOND? THANK YOU.
ANY DISCUSSIONS? GO AHEAD. I FORGOT TO ASK WHEN THE CASE REPORT WAS READ, WHAT THE OPPOSING COMMENT WAS, LET ME OPEN THAT. IT'LL JUST TAKE ME A MINUTE.
THE IT'S IN OPPOSITION, A COMMENT, WRITTEN COMMENT.
IF WHY HAVE ZONING IF WE IGNORE THE RULES? THAT'S A GOOD QUESTION.
THIS THIS HOUSE IS OBVIOUSLY TOO BIG FOR THE LOT, BUT IT'S HERE, YOU KNOW, IT'S.
YEAH. OKAY. THANK YOU. IT'S ONLY THE AC PAD, NOT THE HOUSE.
RIGHT. WELL, WE'VE ALREADY GIVEN THEM. THIS HOUSE HAS RECEIVED A PRIOR.
YOU KNOW EXCEPTION. THIS IS NOT THE RULE. YOU KNOW WE'RE NOT SUPPOSED TO.
WE'RE SUPPOSED TO SEE THE UNUSUAL SITUATIONS.
ND REMEMBER, THE STANDARDS FOR A SPECIAL EXCEPTION ARE DIFFERENT FROM GRANTING A VARIANCE.
OKAY. WE HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR? THAT'S THREE. ALL THOSE OPPOSED? ONE. I'M SORRY, MR. FAGIN, DID YOU HEAR THE FIRST MOTION IN THE CALL FOR THE VOTE? I DON'T THINK YOU DID. NO. YEAH. IF WE CAN ASK FOR THE VOTE AGAIN.
IT'S JUST A MOTION FOR APPROVAL DUE TO THE FACT THAT IT IS NOT GOING TO ADVERSELY AFFECT APPROVAL.
YES. CORRECT. ARE WE VOTING ON THAT? YES. ALL THOSE IN FAVOR? OKAY. THAT'S FOUR. AND ALL THOSE OPPOSED. ONE, MOTION PASSES.
OKAY. CASE NUMBER 25Z-009. STAFF REPORT, PLEASE.
ALL RIGHT. SO THIS IS AT 6600 SEAWALL. AND THIS IS AN APPEAL OF STAFF'S DETERMINATION.
Y'ALL HAD APPEAL STAFF DETERMINATION NOT TOO LONG AGO, I BELIEVE.
SO HOPEFULLY THAT PROCESS IS FRESH IN YOUR MINDS.
THERE WERE EIGHT PUBLIC NOTICES SENT, AND NONE OF THOSE WERE RETURNED.
SO FOR A LITTLE BACKGROUND IN JANUARY 2025, THE APPLICANT SUBMITTED A BUILDING PERMIT AT AN ICE AND WATER VENDING MACHINE KIOSK AND EQUIPMENT TO THE SUBJECT PROPERTY ON REVIEW OF THE PLANS.
AND, OF COURSE, LAND USES ARE REGULATED BY ZONING DISTRICT EITHER BY RIGHT OR AS LIMITED USE, WHICH IN THIS CASE, VENDING KIOSKS ARE LIMITED USE IN COMMERCIAL ZONING, AND A MAXIMUM HEIGHT OF TEN FEET IS ONE OF THE LIMITED USES THAT MUST BE MET.
SO YEAH, THE APPLICANT IS REQUESTING APPEAL OF THAT DETERMINATION.
THIS IS FOUND IN ARTICLE TWO, SECTION 2.37382 OF THE LAND DEVELOPMENT REGULATIONS.
AND IT READS THAT VENDING KIOSKS AND ATMS SHALL NOT EXCEED TEN FOOT IN HEIGHT.
SINCE THE SPECIFIC TYPICALLY SUPERSEDES THE GENERAL IN THE UNITED STATES LAW MAKING AND REGULATORY FRAMEWORKS, THE LACK OF ANY EXCEPTIONS WRITTEN INTO THE LIMITED USE STANDARDS IMPLIES THAT THIS HEIGHT LIMITATION IS INTENDED TO BE ABSOLUTE.
THE PHRASE MAXIMUM HEIGHT APPEARS 16 TIMES IN THE CITY'S LAND DEVELOPMENT REGULATIONS.
IN REGARD IN REGARDS TO FENCE HEIGHT, RETAINING WALL HEIGHT, SIGN HEIGHT AND NUMBER OF THINGS.
AND NOWHERE IS AN EXCEPTION PROVIDED TO THAT MAXIMUM HEIGHT LANGUAGE.
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SINCE THERE IS NO ADDITIONAL GUIDANCE OR EXCEPTIONS PROVIDED FOR VENDING KIOSKS EITHER.STAFF'S DETERMINATION IS BASED ON AN ABSOLUTE LITERAL INTERPRETATION OF MAXIMUM HEIGHT.
NOTE A LITTLE EXCERPT FROM THE PLAN SHOWING THE THE POINT OF CONTENTION IN THE STAFF REPORT AND ALSO THE APPLICANT'S JUSTIFICATION IS INCLUDED. EXHIBIT A. PLEASE ALSO NOTE THE PROCEDURE FOR STAFF APPEALS THE STAFF DETERMINATION IN THE STAFF REPORT.
A SITE PLAN SHOWING SPECIFICALLY WHERE THE KIOSK WOULD BE.
AND THEN KIND OF AN AERIAL SHOWING THAT APPROXIMATE SAME PLACE.
NEXT SLIDE PLEASE. HERE WE HAVE ONCE AGAIN EXHIBITS FROM THE PLAN SHOWING, YOU KNOW, A HEIGHT OF APPROXIMATELY 15 FOOT SEVEN INCHES TOTAL FROM GRADE TO THE TOP OF THE EQUIPMENT.
AND THEN LOOKING EAST FROM THAT SAME POINT, LOOKING THE OTHER DIRECTION THE PROPERTIES TO THE NORTH, THE PROPERTY TO THE WEST AND OF COURSE, TO THE SOUTH WOULD BE SEAWALL AND THE GULF.
AND THIS CONCLUDES STAFF'S REPORT. THANK YOU.
ANY QUESTIONS FOR STAFF? I HAVE I HAVE A QUESTION FOR DONNA.
WHEN WE MAKE A MOTION ON THIS CASE IS THERE AN EXAMPLE TO FOLLOW, OR DO WE JUST.
I MEAN, HOW. I'M SORRY. IS IT A VARIANT? NO, IT WAS AN APPEAL.
IT'S NOT A VARIANCE THAT I COULD READ. SHOULD HAVE BEEN IN YOUR STAFF REPORT VERIFYING THAT.
IT WASN'T THE LAST ONE. BUT THERE ARE THREE OPTIONS THAT THE BOARD CAN DO.
THEY CAN EITHER REVERSE THE DECISION OF THE OFFICIAL, THEY CAN AFFIRM THE DECISION, OR THEY CAN REVERSE, SLASH, AFFIRM, BUT MAKE MODIFICATIONS TO THE DETERMINATION.
SOME MEMBERS WERE NOT HERE AT THE LAST CBA WHERE WE HAD AN APPEAL OF A STAFF DETERMINATION.
SO I WILL REPEAT SOME OF THE INFORMATION THAT WAS STATED THEN.
I'M SORRY. IT'S LIKE I GOT ALLERGIES. WE HAVE A MOTION GUIDE.
SORRY FOR LEAVING IT OUT OF THE PACKET. RIGHT.
SO THE DECISION THAT WAS MADE FROM LAST MONTH'S CBA WAS IN REGARD TO A LANDMARK DETERMINATION. THIS IS A STAFF DETERMINATION, BUT THE SAME RULES BASICALLY APPLY.
YOU ARE NOT STANDING IN THE SHOES OF THE STAFF WHO MADE THAT DETERMINATION.
THAT IS THE NUMBER ONE THING THAT YOU ARE NOT DOING.
IF YOU FIND THAT THE STAFF'S DECISION WAS ARBITRARY OR CAPRICIOUS, THEN YOU CAN MAKE A RULING JUSTIFYING THAT. IF YOU FIND THAT THE STAFF'S DECISION WAS BASED ON VALIDITY, FOR LACK OF A BETTER WORD THEN YOU MAKE A MOTION AND A DETERMINATION BASED ON THAT.
SO STAFF HAS PRESENTED THEIR POSITION AND THE REASONS BEHIND IT.
OF COURSE, THE APPLICANT OR THE APPELLANT WILL COME IN AND STATE HIS REASONS.
WHY THE STAFF DETERMINATION WAS ERRONEOUS. PLEASE, ANY QUESTIONS THAT YOU HAVE ON THE PROCESS OR WHAT YOUR ROLES ARE IN THIS APPEAL PROCESS. PLEASE ASK ME NOW.
DO WE HAVE ANY MORE QUESTIONS FOR STAFF? I GUESS I DO.
THANK YOU. SO THIS THIS PARTICULAR CASE HAS ALREADY GONE THROUGH, LIKE, BUILDING REVIEW OR CONSTRUCTION REVIEW. IT IS CURRENTLY IN REVIEW.
OF COURSE, IT'S PENDING OUR DECISION BECAUSE THAT WILL AFFECT, OF COURSE, HOW THE APPLICANT MOVES FORWARD. SO THERE IS A PERMIT THAT'S IN THE SYSTEM AND IT'S ON IT'S ON HOLD PENDING THIS HEARING FOR THIS ISSUE.
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OKAY. COULD YOU GIVE ME AN OVERVIEW PLEASE IF YOU CAN.WHAT THE REQUIREMENTS ARE FOR, LIKE TIE DOWNS AND HURRICANE PROOFING OR HURRICANE RETROFITTING ON THESE TYPES OF STRUCTURES. I AM NOT ABLE TO DO THAT.
WINDSTORM AND FLOODPLAIN IS MY UNDERSTANDING.
SO HOWEVER THE APPLICANT CHOOSES TO DO THAT, IF BUILDING DEPARTMENT LOOKS AT THEIR REGULATIONS AND DEEMS IT APPROPRIATE, THEN IT WOULD BE APPROVED. THANK YOU.
OKAY. IS THE APPLICANT ACTUALLY PUBLIC HEARING FOR CASE 25 0008 IS OPEN, AND THE STAFF REPORT IS MADE A PART OF THE PUBLIC HEARING. DO WE HAVE THE APPLICANT PRESENT? YES.
PLEASE STATE YOUR NAME AND SIGNING FOR THE RECORD.
YES. PAUL CHURCH. TELL US A LITTLE BIT ABOUT THE REQUEST.
YEAH. SO I JUST WANTED TO STATE THAT THE MACHINE CAN BE MADE TO BE VERY TASTEFUL FOR THE AREA.
IT CAN BE PAINTED TO MATCH THE DECOR. THE TOP PART THAT PROTRUDES ONLY 30FT².
WE'RE TALKING ABOUT MAYBE THREE NOTEBOOKS OVER.
THE HEIGHT REQUIREMENT CAN BE PAINTED LIKE A BLUE, SO IT MATCHES THE SKY.
IT CAN BE MADE TO LOOK VERY TASTEFUL, SO IT'S NOT LIKE AN UGLY KIOSK TYPE THING.
THE OTHER THING IS THERE ARE SEVERAL KIOSKS WE'VE NOTICED ALONG THE SEAWALL.
AT 49, 20 SEAWALL, THERE'S A BANK OF AMERICA KIOSK THAT IS THREE TIMES THE SIZE OF THIS ICE MACHINE.
SO THERE ARE SEVERAL OTHER KIOSKS ALONG THE SEAWALL THAT DON'T FALL ON GUIDELINES.
AS YOU KNOW, AS THE PROPOSED NEW ONES. SO THE MACHINE, YOU KNOW, CAN BE VERY TASTEFUL.
IT'S IN A SHOPPING CENTER THAT WE TOOK OWNERSHIP OF SEVERAL MONTHS AGO THAT WE'VE CLEANED UP, PUT NICE NEW TENANTS IN THERE, AND WE THOUGHT IT WOULD BE GOOD FOR THE COMMUNITY TO HAVE ICE AND WATER AVAILABLE FOR THE SEAWALL, FOR PEOPLE ON THE BEACH. AND WE JUST THOUGHT IT WOULD BE A POSITIVE THING FOR THE COMMUNITY.
YOU KNOW, LIKE I SAID, THE TOP PART CAN BE DISGUISED AS LIKE A BLUE, SO IT'S NOT AN EYESORE.
SO IT LOOKS LIKE THE SKY AND THE YOU KNOW, THE OTHER THING, IT'S ONLY 25% OF THE STRUCTURE, SO IT'S ONLY LITERALLY THREE NOTEBOOKS OVER THE HEIGHT REQUIREMENT.
SO IT'S NOT LIKE A HUGE YOU KNOW, A HUGE HEIGHT OVER THE THE HEIGHT REQUIREMENTS.
IT'S A VERY SMALL, SMALL, YOU KNOW, 30FT² IS VERY SMALL.
THANK YOU. DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? I HAVE SOME. OF COURSE I DO. FROM WHAT I CAN TELL THIS IS GOING TO BE LOCATED AS A STANDALONE.
YES, MA'AM. KIOSK. THERE'S QUITE A BIT OF VACANT AREA AROUND IT.
THAT PARKING LOT. THAT'S THE PARKING LOT THERE.
YES, MA'AM. IT'S A PARKING LOT. IT'S NOT VACANT.
AND BECAUSE OF THAT, IT'S GOING TO BE SUBJECTED TO WIND FORCE.
YES. ESPECIALLY FROM THE SEAWALL. YES. COMING FROM THE GULF? YES. THERE'S A REASON WHY WE HAVE A TEN FOOT LIMIT ON THESE KINDS OF STRUCTURES.
AND IT'S BECAUSE YOU'RE PUTTING EXTRA MATERIAL IN THE WIND FIELD.
AND MY CONCERN IS YOU'RE GOING TO HAVE TO TIE DOWN THE KIOSK.
YES. BUT HOW ARE YOU GOING TO TIE DOWN THE CONDENSER? I DON'T REALLY I'M NOT TOO TERRIBLY CONCERNED ABOUT HOW PRETTY IT IS, BECAUSE IT'S GOING TO END UP IN MY FRONT YARD.
OKAY. SO I JUST I'M VERY MUCH CONCERNED ABOUT THE HEIGHT WITH REGARD TO THE WIND FIELD.
OKAY. SO WHAT IS YOUR PLAN FOR TYING DOWN THE CONDENSER? WE WOULD HAVE OUR WINDSTORM ENGINEER DEVISE SPECIAL STRAPS THAT COULD GO OVER IT THAT COULD BE FASTENED TO THE UNIT.
AND WE'VE ALSO MET WITH THE CITY WATER DEPARTMENT AND ALL THE UTILITIES, AND ALREADY WORKED OUT HOW TO GET ALL THE UTILITIES TO, TO THE UNIT AS WELL, JUST TO TO BE PROGRESSIVE AND THINK THAT POSSIBLY IT MIGHT MOVE FORWARD.
BUT ALL OF THAT CAN BE DONE TASTEFULLY UNDERGROUND.
AND THE, ALL THE STUFF WOULD BE DONE WHERE IT'S WINDSTORM RATED WITH AN ENGINEER.
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OH, OKAY. YOU HAD THERE WAS SOME MENTION MADE OF A GENERATOR THAT YOU COULD TIE INTO THIS.YES. WE WERE THINKING IT WOULD BE A GREAT ASSET TO THE COMMUNITY WHEN PEOPLE ARE OUT OF ICE AND WATER, THAT IF WE HAD A BACKUP GENERATOR ON THE ON THE SYSTEM WHERE LOCAL RESIDENTS CAN STILL GET ICE AND WATER FOR SEVERAL HOURS.
IS THAT WHERE IS THAT GOING TO BE LOCATED? IT WOULD, WE WOULD PUT IT ON A SITE PLAN.
WE COULD PUT IT ON THE SITE PLAN? YES. YEAH, IT WOULD BE ON THE GROUND RAISED UP BEHIND THE MACHINE.
WHY CAN'T YOU DO THAT WITH THE CONDENSER? IT'S GOT TO BE ON TOP SO THE ICE CAN FALL THROUGH.
SO THE ICE CAN COME DOWN. IT'S GOT TO BE ON TOP OF THE MACHINE.
OH, THIS IS NOT. OKAY, THIS IS PART OF THE MECHANICS OF THE ICE.
YES, IT'S JUST THE CONDENSER. IT'S LITERALLY THE SIZE OF, LIKE, THREE NOTEBOOKS.
THE MACHINE IS ALSO HANDICAP ACCESSIBLE TOO, WHICH IS A NICE FEATURE.
AND IT'S A WELL THOUGHT OUT NICE MACHINE. IT'S NOT LIKE THE KIND YOU SEE AT A GAS STATION.
RIGHT, I UNDERSTAND THAT. SO YOU'RE GOING TO BE GENERATING YOUR OWN ICE.
IT'S NOT JUST THE DISTRIBUTION RIGHT? YES. IT'LL BE GENERATING ICE AND WATER.
YES. AS YOU GO. YES. HOW ARE HOW ARE PEOPLE GOING TO BUY IT? YOU HAVE TO. I MEAN, I'M JUST. I'M JUST. THANK YOU.
NO, I APPRECIATE THE QUESTION. SO I'M VERY CONCERNED ABOUT HOW THIS IS GOING TO OPERATE.
YES. WELL, WE PUT THE BACKUP GENERATOR ON IT.
IT'S GOING TO WE MET WITH CERTAIN POINT ABOUT HOW TO GET THE ELECTRIC TO IT.
WE MET WITH THE CITY WATER DEPARTMENT TO. THEY CAN PUT A WATER TAP RIGHT NEXT TO THE MACHINE.
THERE'S ACCESS RIGHT DIRECTLY TO THE LEFT OF WHERE WE WANT TO PUT IT.
YOU KNOW, THE CONDENSER THAT DROPS THE ICE IN.
THE WINDSTORM IS DONE. RIGHT. I THINK IT'LL BE A GREAT ADDITION TO THE COMMUNITY IF THE POWER'S OUT AND PEOPLE NEED TO GET ICE TO KEEP THEIR REFRIGERATED ITEMS GOOD AND LAST LONGER AND GET WATER AND STUFF LIKE THAT, AND THE HEAT OF THE SUMMER IF WE LOSE POWER.
I MEAN, I'VE BEEN IN GALVESTON FOR YEARS. I KNOW WHEN THAT HAPPENS. IT'S ROUGH. RIGHT? BUT YOU'RE ASSUMING IT'S STILL GOING TO BE OPERATIONAL.
NO, WE'RE GOING TO STRAP IT DOWN. WE'RE GOING TO WE HAVE A VERY GOOD WINDSTORM, ENGINEER MR. JAMES BABB, THAT DOES A LOT OF OUR PROJECTS IN TOWN.
AND I'VE BEEN DOING WORK HERE IN GALVESTON FOR OVER TEN YEARS.
WE MAKE A LOT OF THE OLD BEAT UP HOUSES BEAUTIFUL AGAIN.
SO WE PUT PRIDE IN OUR WORK AND DO THINGS RIGHT.
SO WE'LL MAKE SURE THAT WE'LL MAKE SURE THAT THAT DOESN'T HAPPEN.
YEAH I UNDERSTAND, THANK YOU SIR. THANK YOU. YES.
WHY ARE YOU DOING THIS? I MEAN, IS THIS SOMETHING WHERE PEOPLE ARE GOING TO GO BUY ICE FROM YOU ON A REGULAR BASIS? YES, IT'S RIGHT AT THE. IT'S RIGHT AT THE SEAWALL. YEAH. AND WE HAVE THE STRIP MALL THERE WITH RESTAURANTS AND STUFF LIKE THAT. AND WE FIGURED IT WOULD BE A GREAT, CONVENIENT THING FOR PEOPLE IN THE AREA. YOU KNOW, THEY CAN JUST PULL IN, THEY CAN GET ICE, GO DOWN TO THE BEACH, ICE AND WATER. AND WE JUST FIGURED IT WOULD BE A GOOD THING FOR THE STRIP CENTER THERE.
THERE'S A LOT OF PARKING AND ROOM TO TURN AROUND AND PLENTY OF ROOM FOR THE MACHINE.
IT'S BASICALLY A BUSINESS. YES, YES, YES, YES, YES.
IS THIS A PREPACKAGED UNIT? YES, SIR. I MEAN, THE WHOLE BUILDING, EVERYTHING IS PACKAGED, RIGHT? YES. IT COMES AND YES, SIR. IT COMES AS A COMPLETE FINISHED PRODUCT.
AND WHAT DOES, WHAT DOES THAT COMPANY SAY? THAT THIS BUILDING IS RATED FOR WIND WISE? IT'S A WIND RATED UNIT. BUT WE'D HAVE TO BRING IT UP TO GALVESTON CODE AND EVERYTHING.
YES, SIR. OKAY. JUST ASKING. YEAH. THEY SELL THEM IN FLORIDA AND PARTS OF TEXAS AND STUFF LIKE THAT.
YES. YEAH, YEAH. WHAT COLOR IS IT GOING TO BE? WHATEVER COLOR YOU'D LIKE, IF WE GET IT APPROVED.
T HE PLANS, IT'S DESIGNED BY ICE HOUSE AMERICA OUT OF JACKSONVILLE, FLORIDA.
YES. MADAM CHAIR, THE CLARIFICATION. SO IT IS A PREPACKAGED UNIT.
I SEE THAT YOU'RE SETTING IT ON MASONRY BLOCK.
YES. CORRECT. AND SO OBVIOUSLY MR. BABB WILL BE DESIGNING THE TIE DOWNS TO THE CONNECTION TO THAT.
[00:35:02]
BUT I GUESS MY QUESTION IS, IS THAT, YOU KNOW, MASONRY BLOCK SITTING ON TOP OF CONCRETE ISN'T NECESSARILY STRAPPED DOWN AS WELL.SO SOMEHOW YOU'RE GOING TO HAVE TO AFFIX THAT TO THE GROUND AS WELL.
YES. THERE'S A THERE'S A PART AT THE BOTTOM OF THE ICE MACHINE.
I DON'T KNOW IF YOU HAVE THE DRAWINGS. IT'S THE FIRST, LIKE, FOOT OF IT ALONG THE BOTTOM.
CORRECT. IS THE STEEL TUBE AND MASONRY PIERS COVERED BY A MATCHING SKIRT.
SO IT COVERS ALL OF THAT. AND THAT'S ALONG THE BOTTOM HERE.
OKAY. SO THE STEEL TUBE MASONRY PIERS ARE WHAT ARE AFFIXED TO THE GROUND? YES, SIR. OKAY. THANK YOU. AND, LIKE, YOU KNOW, JUST TO BRING UP AGAIN, IT IS JUST THIS LITTLE BACK PART THAT PROTRUDES OVER THE REQUIREMENTS. AND IT'S LIKE, LITERALLY 30FT².
THAT'S NOT LIKE THE WHOLE HUGE MACHINE GOES OVER THE HEIGHT REQUIREMENT.
HOW MUCH? HOW MUCH NOISE DOES THIS MAKE? I'M JUST CURIOUS.
HONESTLY, I DON'T KNOW. OKAY. BUT IT'S NOT NEAR ANY RESIDENTIAL.
IT'S JUST NEAR THE ROAD. I KNOW WHERE IT'S AT. YEAH. OKAY.
OKAY SAY SO. OKAY. THE OWNER OF THE PROPERTY, THERE'S A STRIP CENTER HERE.
YES. OKAY. THE OWNER OF THAT PROPERTY IS LEASING THAT SPACE? NO. THE OWNER OF THE PROPERTY IS PUTTING IN THE ICE MACHINE.
THE OWNER OF THE PROPERTY OWNERS ARE HERE ACTUALLY PUTTING IN THIS.
OKAY. YES, SIR. PROPERTY THAT STRIP CENTER. YES.
ALONG THERE? OKAY. AND THEY JUST BOUGHT THE STRIP CENTER.
LESS THAN A YEAR AGO. AND THEY'RE GETTING NEW.
YEAH. JUST DOES THE OWNER HAVE ANY INTENTION ON OPENING THAT IN THIS PICTURE HERE? THIS ONE HERE SHOWS A PARKING LOT. AND SEE THE BUILDING THAT'S GOING TO GO IN RIGHT HERE.
AND THEN THIS IS LIKE A DEAD END. DOES THE OWNER HAVE ANY INTENTION OF MAYBE OPENING THAT UP SO THAT THIS IS ACTUALLY A PULL THROUGH. NO. NO. OKAY. GOOD IDEA. YEAH, I THINK THE WALMART'S RIGHT BEHIND THERE. YEAH. YEAH I KNOW, I KNOW, IT'S A DRIVEWAY INTO WALMART RIGHT THERE, BUT IT'S BLOCKED OFF BY THIS WELL, THE PARKING LOT DOESN'T EXTEND CONNECT TO THAT DRIVEWAY, WHICH WOULD MAKE THIS MORE APPEALING IS SOMETHING TO USE BECAUSE I KNOW THIS RESTAURANT THERE HAS GOT LIMITED PARKING.
AND YOU KNOW, IF YOU GET PEOPLE COMING TO BUY ICE AND PEOPLE COMING TO EAT AT THAT RESTAURANT, THAT'S GOING IN AT THE END OF THAT STRIP CENTER.
WE DO RESPECTFULLY HAVE BE NICE TO BE ABLE TO NOT BE EVERYBODY GOING BACK AND FORTH IN THERE.
I AGREE, KIND OF LIKE A DRIVE THROUGH TYPE THING.
YEAH. BUT THE WE DO HAVE. BUT THAT'S NOT WHAT WE'RE TALKING ABOUT.
OKAY. NO, WE DO HAVE TWICE THE REQUIRED PARKING THOUGH FOR THAT RESTAURANT.
JUST SO YOU KNOW, THE PARKING LOT IS VERY LARGE.
YEAH. I'M SORRY, I DIDN'T HEAR. I DON'T RECALL WHAT YOU SAID ABOUT THE WIND RATING.
THE WIND RATING? YEAH. SO THE MACHINE IS, THE MACHINE IS WIND RATED BUT NOT TO GALVESTON CODE.
I'D HAVE TO, I DON'T KNOW, OFF THE TOP OF MY HEAD, I'M SORRY.
BUT WE WOULD BRING IT ALL INTO CODE COMPLIANCE IF NEEDED WITH THE WINDSTORM.
OKAY. QUESTION. THERE WAS MENTION OF A GENERATOR WHERE IF A GENERATOR WERE TO BE ADDED TO THIS MACHINE, WHERE WOULD IT BE ADDED? AND AGAIN, HOW WOULD THAT BE SECURED? IT WOULD BE PUT IT ON SOME KIND OF A PLATFORM THE ENGINEER WOULD DESIGN.
AND AGAIN, WE'D MAKE SURE THAT IT WAS ALL DONE WITH THE ENGINEER, AND HE'D SUBMIT THE DRAWINGS TO THE CITY, AND THE CITY WOULD HAVE TO APPROVE ALL HIS APPLICATIONS.
WE WOULD MAKE SURE EVERYTHING WAS DONE PROPERLY.
DO WE HAVE MORE QUESTIONS? SO JUST SO I'M CLEAR, THERE ARE A LOT OF THINGS THAT COULD DO THAT YOU HAVEN'T SHOWN US ON HERE. AND THERE ARE REASONS WHY THE HEIGHTS STANDARD EXISTS.
I KNOW YOU KNOW THAT. AND, YOU KNOW, IF YOU'RE SEEKING TO ASK US TO MAKE AN EXCEPTION IT WOULD
[00:40:10]
BE NICE IF WE HAD EVERYTHING WE THAT YOU'RE PLANNING TO DO TO CONSIDER.OKAY. WOULD YOU LIKE ME TO HAVE THE ENGINEER PUT TOGETHER DRAWINGS WITH THE GENERATOR AND EVERYTHING AND PRESENT THOSE? I JUST WANT TO REMIND THE COMMISSION WHAT YOUR TASK IS HERE.
IT'S NOT, YOU'VE ASKED LOTS OF GOOD QUESTIONS ABOUT HOW IT OPERATES AND ITS SECURITY.
SO THAT'S THE ONLY THING YOU'RE CONSIDERING. YOU'RE NOT CONSIDERING IS THIS GOING TO BE A NICE THING? IS IT GOING TO BE SECURED? HOW DOES IT OPERATE? IT'S JUST DID STAFF MAKE THE RIGHT DETERMINATION ABOUT THE HEIGHT? THANK YOU. CAN I SAY SOMETHING? SO KIND OF WHAT WE'RE ASKING FOR IS LIKE A SPECIAL ACCEPTANCE BECAUSE OF THE HEIGHT.
JUST BECAUSE THE WHOLE MACHINE DOESN'T GO THAT HEIGHT.
IT'S JUST A SMALL SECTION OF IT, THAT CONDENSER.
SO I JUST WANTED TO ADD THAT IF I COULD KINDLY.
THANK YOU. YES, MA'AM. THANK YOU. I THINK THAT'S ALL WE HAVE.
SO YOU CAN BE SEATED. OKAY. THANK YOU. THANK YOU.
DO WE HAVE ANYBODY FROM THE PUBLIC THAT WISHES TO SPEAK ON THIS CASE? YES, SIR. PLEASE STATE YOUR NAME AND SIGN IN FOR RECORD.
YOU HAVE THREE MINUTES. OKAY. MY NAME IS ROBERT REEVES.
I HAVE NOTHING TO DO WITH THESE GUYS, BUT I THINK IT'S AN EXCELLENT PRODUCT.
I THINK THAT WHAT YOU NEED TO LOOK AT IS THIS IS AN ASSEMBLY THAT ARE SOLD THROUGHOUT THE UNITED STATES BY DIFFERENT MANUFACTURERS, AND THEY ALL EXCEED THAT HEIGHT. SO BASICALLY, YOU'RE SAYING THAT YOU DO NOT WANT ICE MACHINES ON THE SEAWALL OR ANYWHERE ELSE ON THE ISLAND IN THE FUTURE, BECAUSE THE MANUFACTURER WON'T MAKE IT TO YOUR STANDARD? RIGHT NOW I INSTALL ICE MACHINES AND I'M A MASTER ELECTRICIAN.
I THINK IT'S AN EXCELLENT, EXCELLENT PRODUCT.
I'VE INSTALLED WALK IN FREEZERS AND EVERYTHING ELSE, AND IT'S NOT THAT HARD TO MAKE AND MEET THE WINDSTORM AND THE CONDENSER UNITS BOLTING THEM DOWN TO THE ROOF. THAT'S NOT A BIG DEAL EITHER.
THESE ARE NOT MAJOR TASKS FOR A CONTRACTOR OF ANY CALIBER.
SO THANK YOU. THANK YOU. OKAY. PUBLIC HEARING FOR CASE 25Z.
YES. SORRY. GO AHEAD. MY NAME IS JOEY BARNHILL.
I'M ONE OF THE OWNERS OF THE CENTER ON SEAWALL.
AND I JUST WANTED TO CLARIFY SOME POINTS TO ON THE SEAWALL.
I THINK, FIRST OF ALL, WE'RE HOPING THIS ADDS A TREMENDOUS VALUE TO THE COMMUNITY.
IT'S LESS THAN FOUR FEET TALL, SO THE ACTUAL KIOSK PART OF THE MACHINE IS NOT VERY TALL.
THE STRUCTURE THAT HOUSES SOME OF THE OTHER COMPONENTS OF THE ICE MACHINE ARE TALLER.
AS YOU KNOW, PAUL MENTIONED THE CONDENSER SPECIFICALLY SITS ABOVE THE THRESHOLD A LITTLE BIT.
BUT THE ACTUAL KIOSK, IF WE'RE TALKING ABOUT THE CODE REQUIREMENT, WHICH I BELIEVE IS THAT THE KIOSK CANNOT EXCEED TEN FEET, THE ACTUAL VENDING PART, THE CREDIT CARD MACHINE, PART OF IT IS NOT TALLER THAN THIS TALL RIGHT HERE.
SO IF YOU WANT TO CONSIDER THAT AS PART OF YOUR ARGUMENT, I THINK THAT'S AN IMPORTANT THING TO CONSIDER BECAUSE THERE ARE A LOT OF STRUCTURES WITH KIOSKS AND THEN GAS STATIONS. BANK OF AMERICA ATM MACHINES THAT HAVE STRUCTURES THAT ARE VERY TALL, BUT THE ACTUAL KIOSK PART OF THE MACHINE IS VERY SMALL.
SO I WANTED TO ADD THAT PART OF CLARIFICATION AS WELL.
SO THANK YOU. THANK YOU ALL. THANK YOU. THANK YOU VERY MUCH.
DO WE HAVE ANYBODY ELSE FROM THE PUBLIC? OKAY.
DO WE HAVE A MOTION? AND IF I MAY, DEPENDING UPON THE MOTION, IT NEEDS TO BE SPECIFIC, SINCE THIS IS AN APPEAL SPECIFIC AS TO THE REASONS FOR THE MOTION. OKAY. OKAY. WELL, I MOVE TO AFFIRM STAFF'S DETERMINATION BECAUSE STAFF WENT BY THE RULES AND MEASURED IT. AND YOU'RE WHILE IT SOUNDS LOVELY, IT DOESN'T MEET THE LDR.
[00:45:04]
SO STAFF WAS CORRECT IN THEIR DETERMINATION. AND I THINK THAT AS I UNDERSTAND IT, THAT'S WHAT WE'RE BEING ASKED TO DETERMINE WITH STAFF.CORRECT? YES THEY WERE. DO WE HAVE A SECOND? I'LL SECOND.
OKAY. DISCUSSION. YES, SIR. MADAM CHAIR, QUESTION TO DONNA.
DONNA, I UNDERSTAND WHAT THE MOTION IS, AND I UNDERSTAND THE MOTION ON THE TABLE.
THE QUESTION THAT IS IN THE PACKET OR QUESTION REGARDING THE PACKAGE SAYS, SHOULD THE APPLICANT OR CITY BE AGGRIEVED OR BY OR BY OR DISSATISFIED WITH THE DECISION OF THE ZBA APPLICANT OR CITY MAY PURSUE ALL LEGAL REMEDIES TO APPEAL THE DECISION TO A COURT OF COMPETENT JURISDICTION PURSUANT TO LOCAL GOVERNMENT CODE CHAPTER 211.
IS THERE ALSO A POTENTIAL ANOTHER AVENUE FOR THIS CASE TO BE CONSIDERED? IN OTHER WORDS, COULD THE APPLICANT I IT'S NOT PERTINENT TO THIS CITY COUNCIL OR SOMETHING ELSE LIKE THAT, SOMETHING THAT THE CITY HAS CONTROL OVER. NO.
IS THAT IF THAT'S THE PHRASE THE APPLICANT OR ANY AGGRIEVED PARTY CAN TAKE THIS TO STATE DISTRICT COURT IF THEY WISH, BUT THERE'S NO OTHER AVENUES OF REVIEW FROM THE CITY PORTION.
MAY I ASK A QUESTION? YES. CAN THE APPLICANT APPLY FOR A VARIANCE TO THE LDRS? THE APPLICANT CAN APPLY FOR A VARIANCE TO THE ELDERS.
THAT WOULD ALSO HAVE A PROCESS TO GO THROUGH.
AND CATHERINE CAN CHIME IN ON THIS AS WELL. BUT I DON'T KNOW IF IT'S AN APPLICATION FOR.
BUT THEY CAN MAKE A REQUEST BASED ON AMENDING, YOU KNOW, A TEXT AMENDMENT OR SOMETHING LIKE THAT.
SO THERE MAY BE OTHER OPTIONS INCLUDING LIKE DONNA SAID A TEXT AMENDMENT.
OKAY. UNDERSTOOD. THANK YOU. ARE WE UNDER DISCUSSION? YES. STILL DISCUSSION. OKAY. DISCUSSION. I BELIEVE THAT THE STAFF DID THE JOB THAT THEY ARE TASKED TO DO. AND, YOU KNOW, THERE ARE MANY TIMES HERE THAT WE'RE ASKED TO GIVE EXCEPTIONS OR VARIANCES TO THE LDRS.
AND I THINK THIS TIME THEY MADE IT. I'M GOING TO STAND BEHIND STAFF.
ANYTHING ELSE? OKAY. IN THAT CASE, ALL THOSE IN FAVOR OF THE MOTION? ALL THOSE OPPOSED? MOTION PASSES. THANK YOU.
OKAY. CASE NUMBER 25-010. STAFF REPORT, PLEASE.
ALRIGHTY. SO, YEAH, THIS IS AT 2421 AND 2425 68TH STREET.
AND THIS IS A VARIANCE REQUEST FOR LOT DEPTH AND LOT AREA.
THERE WERE 19 PUBLIC NOTICES SENT. TWO RETURNED, ONE IN FAVOR, ONE WITH NO COMMENT.
SO THE APPLICANT IS REQUESTING A VARIANCE FROM ARTICLE THREE ADDENDUM IN ORDER TO REDUCE REQUIRED MINIMUM LOT AREA, LENGTH, DEPTH AND SQUARE FOOTAGE. THE NORTHERNMOST LOT CURRENTLY INCLUDES A SINGLE FAMILY RESIDENCE.
HOWEVER, BECAUSE THE EXISTING LOTS DO NOT MEET ALL THE REQUIREMENTS FOR, YOU KNOW, LOTS IN R1, R0, R1 ZONING. I'M SORRY. EVEN MOVING THAT LINE A LITTLE BIT RESULTS IN TWO NEW LOTS THAT DO NOT, YOU KNOW, MEET. AND THAT'S THE REASON FOR THE VARIANCE.
[00:50:01]
YOU CAN SEE THE SITE PLAN AND PROPOSED REPLAT IN EXHIBIT A OF THE STAFF REPORT, AS WELL AS A SUMMARY OF THE VARIANCES BELOW.ALSO NOTE THAT LOT DEPTH IS MEASURED AS THE MEAN OR AVERAGE HORIZONTAL DISTANCE BETWEEN THE FRONT AND REAR LOT LINES, PER THE LAND DEVELOPMENT REGULATIONS. AND THAT'S WHY EVEN THE LARGER THE TWO LOTS REQUIRES A BIT OF A VARIANCE, SO THE REQUESTED VARIANCES ARE A 699 SQUARE FOOT VARIANCE FOR PROPOSED TRACT A AND AN LET'S SEE HERE. 17.15FT VARIANCE IN LOT DEPTH FOR PROPOSED TRACT A, WHICH I BELIEVE IS THE NORTHERNMOST LOT.
AND WE HAVE SOME PHOTOS HERE. SO HERE WE HAVE THE SUBJECT PROPERTY ON THE AERIALS.
YOU CAN SEE THERE'S A ALLEY THAT BASICALLY PARALLELS STEWART ROAD AS IT MAKES A TURN TO THE SOUTH.
THE STRANGE SHAPE OF THE LOT IS A BASIS FOR SOME OF THESE REQUESTS.
NEXT SLIDE PLEASE. AND HERE WE HAVE A PHOTO OF THE SUBJECT PARCEL.
THE BUILDING IN THE FOREGROUND AND THE PROPERTY BEHIND THAT.
WE HAVE A PHOTO LOOKING EAST ACROSS THE STREET.
THE GENERAL VICINITY. AND THEN AN ALLEY PHOTO.
AND YOU CAN SEE HOW IT ALSO CURVES AND BASICALLY PARALLELS STEWART ROAD.
THAT'S JUST OFF THE SCREEN THERE. AND THIS CONCLUDES STAFF'S REPORT.
THANK YOU. DO WE HAVE QUESTIONS FOR STAFF. SO IS THIS CURRENTLY TWO LOTS.
AND THEY JUST BUILT OVER ENCROACHED ON ONE LOT OR.
YEAH, YEAH. YEAH. THERE, THESE TWO LAWS THAT ARE EXISTING AND THEY'RE MOVING A LOT LINE.
BUT YOU KNOW, WHENEVER WE WHEN SOMEONE COMES TO US WITH A REPLAY, YOU KNOW SQUARE FOOTAGE IS CHANGE AREAS CHANGE, DIMENSIONS CHANGE, LEGAL DESCRIPTIONS CHANGE. SO WE CONSIDER THOSE TWO NEW LOTS.
YES. CAN YOU TELL ME, PLEASE, WHEN THE PLAT WAS FIRST RECORDED? OH, I'M NOT SURE, CATHERINE IS LOOKING AT ME LIKE, I DON'T KNOW.
OKAY. PROBABLY IN THE 60S, I WOULD GUESS. OKAY.
THANK YOU. I BELIEVE THE APPLICANT IS HERE. THE APPLICANT IS HERE.
I BELIEVE THEY MIGHT BE ABLE TO CLARIFY THAT. THANK YOU.
PUBLIC HEARING FOR CASE 25-010 IS OPEN AND STAFF REPORT IS MADE.
A PART OF THE PUBLIC HEARING. IS THE APPLICANT PRESENT? PLEASE STATE YOUR NAME. YES. MY NAME IS BRAX EASTERWOOD.
I'M AN ARCHITECT HERE IN TOWN. IT'S NICE TO SEE SOME NEW FACES UP HERE.
IT'S BEEN A LITTLE WHILE. AND I KNOW SOME OF YOU ARE NEW.
SO WELCOME. I'M AT 123 25TH STREET. AND, YES, THIS IS KIND OF AN ODD, ODDLY SHAPED LITTLE ARROWHEAD OF A PIECE OF LAND HERE.
IT'S ALSO KIND OF INTERESTING BECAUSE IT'S NOT ACTUALLY IN THE GULF CREST SUBDIVISION.
JUST TO THE SOUTH OF THAT, WHICH IS ZONED R0, I T'S ON ITS OWN.
THE CURRENT OWNERS HAVE OWNED THIS FOR VERY LONG TIME.
MAYBE THE ORIGINAL OWNERS EVEN AND THEY'VE OWNED BOTH OF THOSE PIECES OF PROPERTY.
BETWEEN THEIR TWO PROPERTIES AND ENCROACHED THAT PROPERTY LINE.
SO THE ONLY INTENTION HERE IS JUST TO RESOLVE THAT.
SO THAT THE FENCE AND THERE'S A BULKHEAD KIND OF THAT THE FENCE SITS ON TOP OF WOULDN'T HAVE TO BE REMOVED, ESSENTIALLY. SO YOU'RE RIGHT, IT BOTH LOTS ARE CURRENTLY NON-CONFORMING, ALTHOUGH 2425 IS REALLY RIGHT THERE.
BUT 2421 HAS ALWAYS BEEN A NON-CONFORMING LOT.
AND I'M HAPPY TO ANSWER ANY OTHER QUESTIONS. THANK YOU.
[00:55:01]
YES. BASICALLY. AND ALL YOU WANT TO DO IS MOVE THE PROPERTY LINE OVER SO THAT THAT GARAGE IS SITTING ON ONE PIECE OF LAND WITHIN THE PROPERTY LINE, IT WOULD BE THREE FEET OFF OF THE NEW PROPERTY LINE.THAT MAKES SENSE. WHICH THE CONCRETE BULKHEAD THAT IT'S SITTING ON OR RETAINING WALL, I GUESS, IS WHAT, WHAT I WOULD CALL IT IS ALL ON THE SAME PIECE OF PROPERTY AS WELL.
OKAY. MORE QUESTIONS. I THINK THAT'S ALL, THANK YOU.
DO WE HAVE ANYBODY FROM THE PUBLIC THAT WISHES TO SPEAK? I'LL SPEAK IF I CAN. JUST SAY IF YOU'RE GOING TO SPEAK, YOU HAVE TO COME TO THE MICROPHONE.
I'M RODNEY REEVES. MY WIFE AND I OWNED BOTH HOUSES, AND WE ARE, I'M 90 YEARS OLD, AND I'M TRYING TO GET THIS SEPARATED SO THAT IF WE DO WANT TO SELL IT OR WE CAN PUT IT IN THE WILL, WE DON'T HAVE DISRUPTIONS.
AS LONG AS WE'RE THE OWNERS, WE HAVE NO PROBLEM.
BUT IF WE DO TEND TO SELL IT, WE'LL HAVE A PROBLEM.
BUT THERE IS ENOUGH SPACE BETWEEN THE BULKHEAD AND THE LITTLE HOUSE TO DRIVE A CAR THROUGH THERE.
THAT'S MY SPACE. THE OTHER IS A REGULAR GARAGE IN THE BACK, AND ORIGINALLY WE HAD SOLD OURSELF PROPERTY SO WE COULD HAVE A GARAGE THERE AND MAKE IT A DECENT HOUSE A ND THAT'S THE ESSENTIAL THING IS THE BULKHEADS 12 INCHES THICK, 42 INCHES DEEP, AS THE CITY REQUIRED WHEN WE DID IT.
AND WE JUST LIKE TO USE THAT AS THE PROPERTY LINE.
THANK YOU. THANK YOU. ANYBODY ELSE? OKAY. PUBLIC HEARING FOR CASE 25Z-010 IS CLOSED AND THE CASE IS RETURNED TO THE COMMISSION FOR CONSIDERATION.
DO WE HAVE A MOTION? IS IT OKAY? I'LL MAKE A MOTION. I'LL READ THE TOME THAT IS IN MOTION.
IT IS CURRENTLY TWO LOTS THAT ARE NON-CONFORMING, AND WE'RE GOING TO FIX IT.
BUT IT DOESN'T GENERALLY EXIST ON OTHER PROPERTIES IN THE SAME ZONING DISTRICT.
THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THAT THE HARDSHIP IS NOT SELF-IMPOSED OR BASED SOLELY ON FINANCIAL CONSIDERATIONS, CONVENIENCE OR INCONVENIENCE, AND THEY ARE NOT CONDITIONS THAT ARE ALLEGED TO BE SPECIAL, BUT ARE ACTUALLY COMMON TO MANY PROPERTIES WITHIN THE SAME ZONING DISTRICT.
THE REQUESTED VARIANCE DOES NOT HAVE A DETRIMENTAL IMPACT UPON THE CURRENT OR FUTURE USE OF THE ADJACENT PROPERTIES FOR PURPOSES FOR WHICH THEY'RE ZONED PUBLIC INFRASTRUCTURES OR SERVICES, AND PUBLIC HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE COMMUNITY.
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.
I'LL SECOND. THANK YOU. ANYTHING TO DISCUSS? NO.
ALL THOSE IN FAVOR? THAT'S FIVE. MOTION PASSES.
I THINK THAT'S ALL WE HAVE. ALL YOUR BUSINESS.
AND IT'S 4:31. MEETING ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.