Jun 21, 2023 Zoning Board of Adjustment

CONVENE OUR MEETING TODAY AT 3:34.

[ITEM 1: Discuss and take appropriate action regarding March 20, 2023, Minutes.]

[00:00:05]

AND THOSE ARE IN OUR PACKET.

AND SINCE THAT'S THE ONE I MISSED, I DON'T THINK I HAVE ANY INPUT.

THIS ACTUALLY SAYS THAT YOU WERE HERE VIA ZOOM.

SURE. DID I ZOOM IN ON THAT? MOST. I MUST HAVE.

I THINK YOUR ATTENDANCE RECORD IS NEAR PERFECT.

ALL RIGHT. ANYBODY HAVE ANY QUESTIONS? AND IF NOT, I'LL ENTERTAIN A MOTION.

WE HAVE A WE HAVE A MOTION FROM MR. CROSS, A SECOND FROM MR. STONE. ALL THOSE IN FAVOR SAY AYE? AYE. ANY OPPOSED? ALL RIGHT. THE MINUTES ARE APPROVED.

LET IT BE RECORDED THAT I SAID AYE.

IN PERSON. ALL RIGHT.

LET ME READ WHAT I USUALLY GET TO READ.

ANYONE MAY JOIN THE MEETING VIA VIDEOCONFERENCE AT WWW.ZOOM.US/JOIN OR VIA TELEPHONE BY CALLING 1 346 2487799.

THE MEETING ID IS 91255952930 AND THE PASSWORD IS 976527.

IF YOU JOIN THE MEETING VIA VIDEO CONFERENCING AND WANT TO ADDRESS THE BOARD ON AN AGENDA ITEM, YOU WILL NEED TO HAVE YOUR CAMERA ON AND HOLD UP YOUR HAND WHEN THE CHAIRMAN CALLS FOR PUBLIC COMMENT AND YOU WILL BE RECOGNIZED BY THE CHAIRMAN TO ADDRESS THE BOARD AND WILL BE ALLOWED A TOTAL OF THREE MINUTES TO PROVIDE COMMENTS REGARDING THE POSTED AGENDA ITEM FOR WHICH THE REQUEST TO SPEAK WAS SUBMITTED.

AND YOU MAY SPEAK DURING THIS TIME OR DURING THE BOARD'S CONSIDERATION OF EVENTS OF INDIVIDUAL ITEMS IN ACCORDANCE WITH THE CITY COUNCIL RULES OF PROCEDURE. THE THREE MINUTE TIME PERIOD WILL BE EXTENDED TO SIX MINUTES IF A TRANSLATOR IS REQUIRED FOR A NON-ENGLISH SPEAKER TO COMMUNICATE HIS OR HER COMMENTS REGARDING THE POSTED AGENDA ITEM FOR WHICH THE REQUEST TO SPEAK WAS FILED.

YOU MAY ALSO EMAIL YOUR COMMENTS TO BE READ AT THE MEETING TO WS SMITH@DECATUR.DECATURTX.ORG OR CFU'S AT DECATUR.ORG BEFORE AND DURING THE MEETING ON WEDNESDAY, JUNE 21ST.

PLEASE PROVIDE YOUR NAME, ADDRESS AND THE AGENDA ITEM NUMBER.

SO NOW WE'LL MOVE ON TO THE PUBLIC HEARING ITEMS.

[Items 2 & 3]

ALL YOURS, DEDRA. ALL RIGHT.

AGENDA ITEMS TWO AND THREE ZBA 2020-306 AND ZBA 2020-307.

THIS IS MISS LORI RUIZ'S REQUEST FOR SETBACK, ENCROACHMENT AND SPECIAL EXCEPTIONS, ALLOWING FIRST THE EXISTING RESIDENTIAL STRUCTURE TO ENCROACH SIX AND ONE TENTH FEET INTO THE REQUIRED 25 FOOT FRONT YARD SETBACK ALONG EAST HALLSELL STREET. THAT'S ZBA 2023-06.

AND THE EXISTING DETACHED ACCESSORY STRUCTURE TO ENCROACH FOUR AND 6/10 FEET INTO THE REQUIRED TEN FOOT REAR YARD SETBACK ALONG THE NORTHERN PROPERTY LINE, AND THAT'S CBA 2023-07.

THE PROPERTY IS LEGALLY DESCRIBED AS LOT TWO, BLOCK 22 SOUTH DECATUR EDITION OR 107 EAST HALLSELL STREET.

NEXT SLIDE. THESE ARE THE EXHIBITS FOR THE TWO ENCROACHMENTS.

NEXT SLIDE. AND WE DID NOTIFY 20 PROPERTY OWNERS WITHIN 200FT.

WE DID NOT RECEIVE ANY RESPONSES OPPOSED IN FAVOR OR NEUTRAL TO EITHER REQUEST.

IN TERMS OF FINDING THE REQUESTED SPECIAL EXCEPTIONS DO NOT VIOLATE THE INTENT AND SPIRIT OF THE ORDINANCE.

THE EXISTING RESIDENTIAL STRUCTURE, INCLUDING THE DETACHED GARAGE, HAVE BEEN IN EXISTENCE SINCE 1980 PER THE WISE COUNTY APPRAISAL DISTRICT.

THE REDUCED SETBACKS FOR THE EXISTING STRUCTURES DO NOT APPEAR TO ADVERSELY IMPACT THE SURROUNDING PROPERTY OWNERS.

ZONING REGULATIONS WERE AMENDED IN 2015 AND REQUIRE THAT ALL APPLICABLE CITY ORDINANCES BE ADHERED TO BEFORE PERMIT CAN BE ISSUED.

THEREFORE, THE SPECIAL EXCEPTIONS.

THESE SPECIAL EXCEPTIONS ARE BEING REQUESTED.

THERE ARE SPECIAL CONDITIONS OF RESTRICTED AREAS SHAPED TOPOGRAPHY OR PHYSICAL FEATURES THAT EXIST THAT ARE PECULIAR TO THE SUBJECT PARCEL AND ARE NOT APPLICABLE

[00:05:09]

THE EXISTING RESIDENTIAL STRUCTURE AND DETACHED GARAGE HAVE BEEN IN THEIR CURRENT CONFIGURATION AND LOCATION FOR NEARLY 43 YEARS, AND PRIOR TO MR. HARRISON HIS PURCHASE OF THE PROPERTY IN 2019.

HE IS SEEKING TO REMODEL THE DETACHED GARAGE INTO AN ACCESSORY DWELLING UNIT, WHICH DOES REQUIRE A SPECIFIC USE PERMIT.

AND BEFORE HE CAN DO THAT, HE WILL HAVE TO GET THESE ENCROACHMENTS ADDRESSED.

THE REDUCED BUILDING SETBACKS DO NOT APPEAR TO BE AN UNCOMMON PHENOMENON OR CONDITION THAT ADVERSELY AFFECTS THE SURROUNDING NEIGHBORS.

THE HARDSHIP IS NOT A RESULT OF THE APPLICANT'S ACTION AGAIN, WHEN HE PURCHASED THE PROPERTY.

THESE ENCROACHMENTS EXISTED.

AND HE WAS UNAWARE THAT THEY WERE PRESENT.

THE INTERPRETATION OF THE PROVISIONS IN THIS ORDINANCE COULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES IN THE SAME ZONING DISTRICT THAT COMPLY WITH THE SAME PROVISIONS.

AGAIN, THESE ENCROACHMENTS DO NOT APPEAR TO BE AN UNCOMMON FEATURE IN THE NEIGHBORHOOD.

THE STRUCTURE AND GARAGE HAVE BEEN IN THEIR CONFIGURATION SINCE FOR THE LAST 43 YEARS, AND IT HASN'T BEEN A PROBLEM.

THERE HASN'T BEEN ANY COMPLAINTS OR ANY REGISTERED COMPLAINTS ANYWAY.

BEFORE THE APPLICANT CAN REMODEL THE GARAGE INTO AN ACCESSORY DWELLING UNIT, THE SPECIAL EXCEPTIONS WILL NEED TO BE GRANTED BY THE ZBA.

AND THEN YOU HAVE THE CITY ENGINEER'S FINDINGS AND THE AGENDA ITEM NUMBERS ARE NOT CORRECT.

OH. NEXT SLIDE.

WELL, BUT IT IS FOR THE RIGHT ADDRESS, 107 EAST HALLSELL STREET.

AND THEN THESE ARE THE PHOTOS.

NEXT SLIDE.

ADDITIONAL PHOTOS.

AND THAT'S MY PRESENTATION.

AND AGAIN, BOTH OF THESE ZONING ZBA SPECIAL EXCEPTIONS WILL NEED TO BE TAKEN SEPARATELY.

ALL RIGHT. SO WE'LL OPEN THE PUBLIC HEARING IF THERE'S ANYONE THAT WOULD LIKE TO SPEAK TO THIS CASE.

AND WE WELCOME YOUR COMMENTS.

HEARING? NONE. WE'LL CLOSE.

PAM, MAKE SURE I GOT THIS RIGHT.

WE'RE GOING TO CLOSE THE PUBLIC HEARING NOW AND MOVE INTO DISCUSSION BY THE BOARD.

IS THAT RIGHT? OKAY. YES.

OKAY. ALL RIGHT.

WE HAVE ANY QUESTIONS OR COMMENTS? I HAVE A COMMENT, SIR.

YES, SIR. JUST AS AS DEDRA HAS MENTIONED IN HER STAFF REPORT, THIS IS EXTREMELY COMMON.

WE GOT A LOT OF STRUCTURES IN THIS TOWN THAT WERE BUILT WELL BEFORE THE CURRENT REQUIREMENTS OF THE PLANNING AND ZONING ORDINANCE CONCERNING SETBACKS AND THINGS OF THAT NATURE. AND THIS IS JUST A PROCEDURE THAT PROPERTY OWNERS CAN GO THROUGH TO GET THOSE THINGS CLEARED, RECTIFIED SO THAT YOUR PROPERTY NOW MEETS ALL THE REQUIREMENTS AND YOU CAN GO FORWARD, ENJOY THE USE OF YOUR PROPERTY, HOPEFULLY IF THESE THINGS GET APPROVED.

SO I'M I'M IN FAVOR OF DOING THIS AS I HAVE BEEN ON EVERY OTHER ONE OF THESE SITUATIONS WE'VE COME UP WITH.

AND IT LOOKS LIKE FROM EXAMINING EVERYTHING THAT THE STAFF REPORTS FROM BOTH THE PLANNING STAFF AND THE ENGINEER, HIS THE COMMENTS ARE ALL PRETTY STRAIGHTFORWARD.

SO. OKAY.

THANK YOU, MR. WOODRUFF.

WELL SAID.

ANY OTHER COMMENTS OR QUESTIONS? AND IF NOT, I WILL ENTERTAIN A MOTION ON ITEM TWO, WHICH IS THE SPECIAL EXCEPTION FOR THE FRONT YARD ENCROACHMENT.

OKAY. IS THAT THE ONE WHERE I COULD.

I COULD OFFER A MOTION? YES, SIR. AND THAT'S OUR ZBA 2023-06.

DID I GET THE RIGHT NUMBER? OKAY. FROM THE EVIDENCE, TESTIMONY AND PLANS PRESENTED, I MOVE THE BOARD, GRANT THE REQUEST TO ALLOW A SETBACK, ENCROACHMENT.

SPECIAL EXCEPTION FROM THE CITY OF DECATUR ZONING ORDINANCE REGARDING FRONT YARDS, SPECIFICALLY GRANTING AN EXISTING RESIDENTIAL STRUCTURE TO ENCROACH SIX AND ONE TENTH FEET AS IDENTIFIED IN ATTACHMENT FOUR A OF THE CASE STAFF REPORT INTO THE REQUIRED 25 FOOT FRONT YARD SETBACK ALONG EAST HALLSELL STREET.

[00:10:01]

SUBJECT PROPERTY IS IDENTIFIED AS LOT TWO, BLOCK 22 SOUTH DECATUR EDITION, MORE COMMONLY REFERRED TO AS 107 EAST HALLSELL, CITY OF DECATUR, WISE COUNTY, TEXAS. ALL RIGHT.

WE HAVE A MOTION FROM MR. WOODRUFF.

DO WE HAVE A SECOND? YOU HAVE A SECOND FROM MR. CROSS? ALL THOSE IN FAVOR SAY AYE? AYE. ANY OPPOSED? ALL RIGHT. ITEM TWO, APPLICATION 20.

2306 IS APPROVED.

MOVE ON TO ITEM THREE, WHICH IS THE REAR YARD ENCROACHMENT.

AND SO I'LL ENTERTAIN QUESTIONS OR COMMENTS ON THAT.

AGAIN, I CAN ECHO WHAT MR. WOODRUFF SAID ON ITEM TWO.

THIS IS VERY COMMON AND THOSE OF US THE ONLY PERSON IN THIS ROOM THAT'S BEEN ALIVE IN THIS CITY AND WALKING THE CITY STREETS LONGER THAN ME IS MR. WAYNE STONE OUT AT THE OTHER END OF THE TABLE, AND WE CAN TELL YOU THERE'S A LOT OF PLACES, A LOT OF HOUSES IN THIS TOWN BUILT BEFORE 1985.

AND SO WE KIND OF NEED TO LOOK AT THESE CONSIDERATIONS WITH ALL THAT IN MIND.

VERY TRUE. ALL RIGHT.

WE'LL OPEN THE PUBLIC HEARING.

IF THERE'S ANY COMMENTS FROM FOLKS HERE, WE WOULD WELCOME YOU TO COME TO THE PODIUM RIGHT NOW.

NOT HEARING ANY, WE'LL CLOSE THE PUBLIC HEARING AND NOW I'LL ASK YOU IF YOU HAVE QUESTIONS OR COMMENTS ABOUT THIS ITEM.

AND IF NOT, I'LL ENTERTAIN A MOTION FOR A SPECIAL EXCEPTION FOR REAR YARD ENCROACHMENT.

ALL RIGHT. WE HAVE A MOTION FROM MR. STONE. WE HAVE A SECOND.

SECOND. YOU HAVE A SECOND FROM MR. WOODRUFF. ALL THOSE IN FAVOR SAY AYE? AYE. ANY OPPOSED? HEARING NONE, ITEM THREE IS APPROVED.

[ITEM 4: The Board to hold a public hearing, consider and take action on a request for a variance from the City of Decatur’s Zoning Ordinance regarding parking for the property identified as Lot 15R, Block 1, Lipsey Addition and more commonly referred to as 2806 S. FM 51, City of Decatur, Wise County, Texas. The request is for a variance to the City of Decatur Code of Ordinances, Appendix B, “Zoning,” Article 7, “Development Standards,” Section 7.3, “Off Street Parking and Loading Regulations,” Subsection 7.3.3, “Parking Requirements Based Upon Use.” The parking requirements for a Convenience Store with or without Gasoline Sales is one (1) space for each two hundred (200) square feet of Floor Area. Parking in front of pump stations shall be counted towards the required parking; however, a minimum of six (6) parking spaces shall be provided adjacent to the main building. Applicant is requesting to reduce the minimum calculated parking space requirement from twenty-three (23) parking spaces to eighteen (18) parking spaces, as identified in Attachment 3B of the case staff report. (ZBA Application 2023-08 – Jose Nieto, on behalf of Great Abode Investment, LLC)]

ITEM FOUR IS ZBA 2023-08.

THIS IS MR. JOSE NIETO'S REQUEST ON BEHALF OF GREAT ABODE INVESTMENT LLC FOR A VARIANCE TO THE PARKING SPACE REQUIREMENTS. HIS REQUEST IS TO REDUCE THE MINIMUM PARKING SPACE REQUIREMENT FOR A CONVENIENCE STORE WITH OR WITHOUT GASOLINE SALES FROM 23 PARKING SPACES TO 18 PARKING SPACES.

THE PROPERTY'S ADDRESS IS 2806 SOUTH FM 51.

AND IF THE BOARD WILL RECALL, THIS WAS PREVIOUSLY A GAS STATION.

IT CAUGHT ON FIRE ABOUT 4 OR 5 YEARS AGO, I BELIEVE.

AND SO THEY'RE LOOKING TO REBUILD.

THIS IS THE VARIANCE EXHIBIT.

NEXT SLIDE.

THE A QUICK QUESTION.

THE ONE THAT'S DATED 418, WAS THAT THE FIRST ONE THE SUBMITTED TO YOU? YES. THE 418 IS THE EXHIBIT THAT WE REVIEWED FOR THE PERMIT.

OKAY. THIS NEXT SLIDE IS THE SAME EXHIBIT.

HOWEVER, PART OF OUR REVIEW IS THAT THEY'VE GOT SEVEN PARKING SPACES THAT REALLY DON'T MEET THE REQUIREMENTS YOU CAN'T BACK INTO RIGHT OF WAY.

SO THOSE PARKING SPACES WILL HAVE TO GO AWAY.

AND THEN EARL ALSO NOTED THAT THE DRIVEWAY WIDTH WAS NOT CORRECT.

THEY HAVE A LARGER WIDTH THAN WHAT THE DESIGN STANDARDS REQUIRE.

SO WE'RE GOING TO WANT THEM TO REDESIGN IT TO MEET THE STANDARDS.

NEXT SLIDE.

AND WE DID NOTIFY SEVEN PROPERTY OWNERS WITHIN 200FT.

AND JUST FOR THE APPLICANT OR THE PERSON THAT'S HERE, THE PROPERTY OWNER THAT'S HERE, I WANT TO EXPLAIN SOMETHING.

WE'RE REQUIRED BY LAW TO NOTIFY A PROPERTY OWNERS WITHIN 200FT.

THERE'S ONLY SEVEN PROPERTY OWNERS OF RECORD THAT ARE WITHIN 200FT.

THAT'S WHAT THIS MAP IS INDICATING.

SO HE WAS ONE OF THEM.

HIS IS IN THE PROPERTY THAT'S IN RED.

AND THEN WE HAD SIX OTHER RESIDENTS.

HE WAS THE ONLY ONE THAT RESPONDED THAT WAS WITHIN THAT 200 FOOT.

AND HE IS OPPOSED AND HE WOULD LIKE TO SPEAK AS SOON AS YOU OPEN THE PUBLIC HEARING SO YOU GUYS CAN HEAR WHAT HIS HIS POSITION IS. NEXT SLIDE.

[00:15:02]

THE PARKING IS ON A CORNER LOT WHICH LIMITS THE AVAILABILITY OF PLACING BOTH A CONVENIENCE STORE GAS PUMP AND PARKING IN THE SMALL AREA.

AND AGAIN, THEY'RE JUST REPLACING WHAT WAS PREVIOUSLY THERE.

THERE'S TWO ENTRANCES AND THEREFORE THERE'S MINIMAL SPACE FOR CUSTOMERS TO PARK WHILE GOING INTO THE STORE AND TO BACK UP TO LEAVE.

ON THE SOUTH SIDE AGAIN, I MENTIONED THOSE CARS.

WHEN THEY BACK UP, IF THEY'RE ALLOWED TO BE THERE, THEY'RE GOING TO BE BACKING INTO THE RIGHT OF WAY.

AND THAT'S JUST NOT ALLOWED PER OUR DESIGN STANDARDS.

SO THESE PARKING SPACES, AGAIN, WILL HAVE TO BE REMOVED.

THERE ARE SPECIAL CONDITIONS OF RESTRICTED AREAS SHAPED TOPOGRAPHY OR PHYSICAL FEATURES THAT EXIST PECULIAR TO THE SUBJECT PARCEL, NOT APPLICABLE TO OTHER PARCELS OF LAND IN THE SAME ZONING DISTRICT.

AGAIN, THE PROPERTY IS A CORNER LOT AND CORNER LOTS TEND TO GET REDUCED A LOT OF TIMES BASED ON THE FRONT YARD SETBACKS.

IN ADDITION TO THE FACT THAT THIS HAS TWO ENTRANCES INTO THE CONVENIENCE STORE.

NEXT SLIDE.

THE HARDSHIP IS A RESULT OF THE APPLICANT'S ACTION.

THERE IS SUFFICIENT SPACE FOR THEM TO PROVIDE THE REQUIRED PARKING IF THE CONVENIENCE STORE WERE SMALLER.

HOWEVER, THERE IS SOMETHING TO BE LOST IF THE CONVENIENCE STORE WAS MADE SMALLER.

THE PRODUCTS THAT THEY'RE WANTING TO PROVIDE, THEY WOULD HAVE TO REDUCE THAT.

AND THAT COULD YOU COULD ARGUE THAT WOULD CAUSE CUSTOMERS TO SEEK ANOTHER STORE FOR THEIR NEEDS.

AND TYPICALLY FOR CONVENIENCE STORES, THERE'S NOT A LOT OF LONG TERM PARKING.

THEY'RE USUALLY THE CUSTOMERS ARE USUALLY IN AND OUT.

NEXT SLIDE.

AND YOU DO HAVE THE CITY ENGINEER'S FINDINGS.

NEXT SLIDE.

ALL RIGHT. AND THAT'S MY PRESENTATION.

I DON'T KNOW IF THE APPLICANT IS ON LINE OR NOT.

SO I'LL TRY MY BEST TO ANSWER YOUR QUESTION.

AND I THINK WAYNE CAN ALSO HELP ME IF I GET STUCK.

OKAY. DO WE WANT TO OPEN THE PUBLIC HEARING FIRST? AND INVITE.

YOU BET. COME ON UP, JOHN.

COME UP HERE. THAT'S RIGHT.

YOU GOT TO MAKE IT OFFICIAL.

BUT I THINK HE MIGHT HAVE.

STATE YOUR NAME AND ADDRESS AN ADDRESS TO.

HEY, ONE THING I WILL SAY.

I'M JOHN KAKER.

ALL RIGHT. DON'T USE MY HAND.

HEY, I'M JOHN KAKER.

MY ADDRESS IS 2804.

I'M RIGHT NEXT DOOR TO THIS HERE IN DECATUR.

THE PAPER THAT I GOT SAID THEY WERE REQUESTING TO GO DOWN TO 17 SPOTS, NOT 18.

THAT'S WHAT I GOT.

IT WAS 17.

BUT ACTUALLY, WHEN WE RECALCULATED IT, IT'S 18.

IT'S 18. YES, SIR.

ONE THING I WANT TO SAY, AND I THINK YOU ALL KIND OF SAW WHAT THAT IS.

THE SPOTS NEXT TO THE PUMPS COUNT AS PARKING SPOTS ALSO.

SO THAT'S PART OF THIS DEAL.

AND THEY ARE REBUILDING A GAS STATION THAT WAS THERE BEFORE, BUT THEY'RE BUILDING A MUCH LARGER ONE.

I THINK IT'S FOUR FOR 4500FT MAYBE.

YES. YEAH, IT'S QUITE A BIT BIGGER.

IT TAKES UP THE LAND.

AND ANYWAY, I TALKED TO TXDOT A LITTLE BIT ABOUT THAT BECAUSE AT ONE TIME THEY WERE GOING TO TRY TO GET AN EASEMENT THROUGH OUR PARKING LOT THAT EXISTS THERE OR ALMOST DOESN'T EXIST. BUT I'LL TRY NOT TO GO OFF SCRIPT TOO MUCH BECAUSE I DON'T WANT TO BE LONG.

BUT ANYWAY, LIKE I SAID, I'VE OWNED A BUSINESS HERE FOR ABOUT 35 YEARS.

I OWN THAT BUILDING AND THE BUSINESS THAT OPERATES IN THAT BUILDING, MY OPINION IS A VARIANCE THAT RESULTS IN LESS PARKING AT A CONVENIENCE STORE DIRECTLY IMPACTS MY PARKING.

PARKING IS ALREADY AN ISSUE IN MY LOT NOW, AND I'M A RELATIVELY LOW IMPACT DEAL.

THIS IS A HIGH IMPACT DEAL.

RIGHT NOW WE CATCH OVERFLOW PARKING FROM CASA TAURUS.

WE CATCH OVERFLOW.

THERE'S AN OUTFIT NEXT TO US THAT DELIVERS BABIES.

AND WHEN THE FAMILY COMES, WE DEAL WITH A LOT OF PARKING FROM THAT ALSO.

SO IT'S ALREADY AN ISSUE THERE, A HIGH TRAFFIC BUSINESS, WHICH IN MY OPINION, WOULD BE A CONVENIENCE STORE GAS STATION AT THIS BUSY OF A SPOT IS PROBABLY NOT A GOOD IDEA.

I AM NO WAY OPPOSED TO A GAS STATION CONVENIENCE STORE AT ALL.

[00:20:04]

I JUST THINK ONE IT'S TOO BIG FOR THE LOT.

NEGATIVELY AFFECTS PROBABLY NOT ONLY ME, BUT EVEN THE HOUSE AND STUFF NEXT DOOR BECAUSE IT'S ALMOST IMPOSSIBLE TO KEEP, YOU KNOW, PEOPLE FROM PARKING IN THERE.

ONE THING I SEMI DISAGREE WITH IS THE TIME THAT PEOPLE PARK THERE, BECAUSE THE WAY I UNDERSTAND IT, THERE'S GOING TO BE A DELI IN THIS WITH SOME TABLES. THEY'RE GOING TO HAVE TABLES IN A DELI.

SO THAT MEANS IF SOMEBODY COMES IN THERE TO EAT LUNCH OR HAVE COFFEE, THEY'RE NOT PARKING THERE FOR A SHORT TIME.

IT'S GOING TO BE MORE THAN THAT.

AND THEN YOU STILL HAVE A LOT OF FLOW OF TRAFFIC IN THERE.

WE ALL LIVE IN WISE COUNTY, SO PICK UPS WITH TRAILERS OFTEN ARE GOING TO TAKE UP MORE THAN ONE SPOT AT A GAS PUMP.

AND IT'S JUST IT'S WHAT I THINK THAT WE WOULD BE DEALING WITH THERE.

WITH THAT, I JUST WANT TO KNOW THIS.

I AM TOTALLY NOT OPPOSED TO A GAS STATION CONVENIENCE STORE.

I JUST THINK WHAT THEY'RE TRYING TO BUILD IS TOO BIG FOR THIS LOT.

IF A VARIANCE THAT ELIMINATES PARKING IS NEEDED, THEN THAT PRETTY MUCH SAYS THAT.

WHEN I THOUGHT THEY WERE ELIMINATING GETTING DOWN TO 17, IT WAS ABOUT A 25% REDUCTION IN REQUIRED PARKING.

THAT'S A LOT IN MY MIND.

PARKING IS AN ISSUE JUST ABOUT EVERYWHERE.

BUT BOTTOM LINE IS I JUST FEEL LIKE IT'S GOING TO NEGATIVELY AFFECT US BECAUSE WE ARE GOING TO GET OVERFLOW A LOT FROM THAT.

SO I AM OPPOSED TO THAT.

AND I DON'T EVEN THINK 23 SPOTS IS A WHOLE LOT FOR AN OUTFIT THAT SIZE.

I DON'T KNOW IF I'VE SEEN THESE REVISED PLANS, BUT I SAW THE ORIGINAL ONES WHICH SEVERAL YEARS BACK AND IT WAS JUST A LOT ON THAT, THAT LITTLE PIECE OF LAND. SO HEY, THANKS FOR YOUR CONSIDERATION AND I'LL TRY TO KEEP MY HANDS AND HIT THAT.

THANK YOU, MR. KAKER.

I GOT A QUESTION.

SO THIS BUILDING IS BIGGER THAN THE PREVIOUS BUILDING? BY HOW MUCH? OKAY. SO THE WIDTH OF IT, THE FRONTAGE SIDE OF THE BUILDING IS NOT ANY LONGER.

IT'S JUST A LITTLE BIT DEEPER.

WHOEVER SPEAKING IF THEY COULD TURN ON THEIR MIC.

THAT WOULD BE ME.

OKAY. UM, I THINK THE FRONTAGE IS A LITTLE BIT BIGGER TOO, BUT I COULDN'T TELL YOU FOR SURE.

I'D HAVE TO GO BACK AND CHECK.

DO YOU KNOW OFFHAND, LANE? AND.

YEAH. AND THEY, THEY HAD INDOOR SEATING, THEY HAD A KITCHEN.

BUT I THINK IT WAS MORE OF A BOX, A SQUARE THAN IT WAS A RECTANGLE.

BUT THEY DID COOK. YES.

THEY SERVED BURGERS AND SANDWICHES, SANDWICHES, THINGS LIKE THAT.

SO YEAH, A LOT OF PEOPLE WERE IN THERE FOR, YOU KNOW, LONGER THAN AN HOUR.

YES. AND YOU'RE SAYING THEY TOOK IN PART OF THE ALLEY BEHIND THE BUILDING? THEY'RE USING. WHAT'D YOU SAY? IT HAS. OKAY.

IT'S BEEN ABANDONED FOR THAT.

FOR MY QUESTION, I'M JUST GOING TO CHECK ON THAT.

OKAY. YEAH.

THIS IS ANOTHER SITUATION WHERE THE PROPERTY ORIGINALLY GOT DEVELOPED.

WAY BACK WHEN DIFFERENT STANDARDS WERE IN PLACE.

AND THAT BUSINESS GOT PUT UP AND OPERATED, YOU KNOW, FOR A LONG TIME.

AND THEN AFTER IT GOT DESTROYED BY FIRE.

NOW IT'S A VACANT LOT AGAIN.

AND SOMEONE ELSE HAS COME ALONG AND WOULD LIKE TO RESTORE THE SAME FUNCTIONAL BUSINESS ON THE PROPERTY.

BUT THEY'VE GOT TO ABIDE BY THE STANDARDS WE'VE GOT THERE.

A LOT OF THESE ARE PUBLIC SAFETY RELATED.

AND I'M JUST I'M JUST KIND OF CONCERNED ABOUT THAT.

I DON'T THINK WE NEED TO BE DOING THINGS THAT IMPACT NEGATIVELY ON ON PUBLIC SAFETY AS WELL AS THE IMMEDIATE NEIGHBOR RIGHT THERE IN THE SITUATION IS GOING TO GO THROUGH. SO I'M AFRAID.

AND THAT KIND OF MY COMMENT TO THE TO THE NEW PROPERTY OWNER IS.

I DON'T THINK WE CAN DO ON THIS LITTLE LOT WHAT YOU WANT TO DO TO ENJOY THE USE OF YOUR PROPERTY COMMERCIALLY GOING FORWARD THAT WAY, IT'S JUST.

YOU'RE GOING TO HAVE TO POTENTIALLY LOOK AT YOU KNOW, DOWNSIZING THE SIZE OF YOUR BUSINESS, AND THAT JUST MAY NOT BE A THING THAT'S ACCEPTABLE TO YOU.

[00:25:04]

AND HE MAY HAVE THOUGHT THAT, WELL, THERE WAS ONE THERE FOR ALL THOSE YEARS.

I JUST COME IN AND PUT IT IN ANOTHER ONE AND IT'LL BE OKAY.

BUT, YOU KNOW, YOU'VE GOT TO THESE STANDARDS ARE IN PLACE FOR A REASON AND THEY'RE ALL TO SUPPORT.

THE THE PUBLIC GOOD IN THE COMMUNITY.

SO ANYWAY, IT JUST LOOKS LIKE ANOTHER ONE OF THOSE LOUSY SITUATIONS FOR THE PROPERTY OWNER.

LET ME ASK YOU, MR. KAKER.

IS, IS THERE A MUTUAL ACCESS AGREEMENT BETWEEN YOUR PARKING LOT AND IN THIS PARKING LOT, OR CAN YOU EVEN DRIVE? OH, THERE'S MUTUAL ACCESS, BUT THERE'S NOT ANYTHING LIKE A FORMAL EASEMENT OR ANYTHING LIKE THAT.

OKAY. IF YOU LOOK AT THIS DEAL WHERE THIS GAS PUMP IS.

YEAH. THE OUTSIDE EDGE ON THAT GAS PUMP, MORE THAN LIKELY THEY'RE COMING THROUGH MY PARKING LOT RIGHT THERE AS THEY LEAVE OR GO, IF THERE'S ANY OTHER THING THERE.

IN OTHER WORDS, I FORGOT WHAT IT IS, TEN FOOT OR WHATEVER IT IS.

BUT I ORIGINALLY AND I AND I DON'T MEAN TO OVER OVERSTATE BECAUSE YOU DIDN'T ASK ALL THAT STUFF, BUT ORIGINALLY WE TALKED ABOUT THE SIZE AND I THINK THIS THING FIRST STARTED LIKE 3 OR 4 YEARS AGO AND I SAW THE ORIGINAL THING THAT THEY BUILT AND IT IT WAS WAY BIGGER THAN THE OTHER BUILDING.

IN OTHER WORDS, WE EVEN HAD WHATEVER THE PICTURES OVER IT.

AND I JUST WANT YOU ALL TO KNOW I AM NOT OPPOSED TO A NICE STATION ON THAT IN A TOWN.

I WOULD LOVE IT. I MEAN, IT'D BE HANDY FOR ME.

BUT I JUST THINK WHAT'S FIXING TO HAPPEN? WE'RE GOING TO BE BIG OLD STATION THAT'S GOING TO ENJOY MY PARKING LOT MORE THAN I AM.

SO, YEAH, THERE'S YOU CAN JUST DRIVE THROUGH THERE.

RIGHT NOW, NINE TIMES OUT OF TEN, WHEN YOU DRIVE DOWN THERE, THERE'S GOING TO BE A PICKUP OR THE BIG TRAILER WHERE THE STATION IS.

YOU KNOW, EVERYBODY WALKS TO CASA TAURUS, MAN.

I'M COOL WITH THAT. I LOVE THAT RESTAURANT.

WE WALK OURSELVES.

AND IF IT'S JUST 1 OR 2 CARS, I NEVER HAVE A PROBLEM WITH THAT.

I'M JUST AFRAID OF BUSINESS THAT MOVES THIS KIND OF STUFF.

IT'S GOING TO BE A PRETTY BIG IMPACT, I THINK.

SO LET ME ASK ANOTHER QUESTION.

SO ON THIS DRAWING WHERE IT SAYS BUSINESS AT THE TOP OF IT.

IS THAT YOUR BUILDING? YES. OKAY.

OKAY. THE X IS YOUR FRONT PORCH.

OKAY. YEAH, I'M WITH YOU.

SO YOUR PARKING IS ALL REALLY IN LINE WITH THE PUMPS? OH, YEAH. FOR THIS, I HAVE SEVEN SPOTS ON THE FRONT OF MY BUILDING.

ONE OF THEM IS A HANDICAPPED SPOT, WHICH I'M NOT TRYING TO BE.

HE'S GOING TO HAVE TO HAVE HANDICAPPED SPOTS, TOO.

SO HE'S GOT HIS STUFF OUT OF THAT.

AND THEN THERE'S FOUR OTHER SPOTS.

BUT TECHNICALLY, IF YOU EVER WANT TO GET DOWN TO IT, THE OTHER FOUR SPOTS IN THE FRONT OF OUR BUILDING, THEY'RE IN TXDOT RIGHT AWAY.

IT WAS DONE 500 OR HOWEVER MANY YEARS AGO.

WHENEVER THAT WAS, IT WAS FOR WE BOUGHT THE BUILDING AND THAT'S WHERE A LOT OF PEOPLE PARK RIGHT NOW.

FOR EVERY BUSINESS DOWN THROUGH THERE, THE TWO LITTLE GRAY BUILDINGS IN FRONT OF MINE, ALL THOSE DIAGONAL SPOTS, A BUNCH OF THOSE ARE ALREADY ARE REALLY THEY'RE EVERYBODY'S PARKING RIGHT THERE.

IT'S REALLY TEXT DOT RIGHT AWAY.

RIGHT THERE IS WHAT THAT IS.

THIS IS THE BUILDING SO.

OH. AND I'LL SIT DOWN OR Y'ALL CAN HEAR IF I NEED TO.

OR MAYBE ONE LAST QUESTION AND MAYBE THIS IS FOR DEDRA.

THE TEN FOOT PUBLIC UTILITY EASEMENT.

THAT'S WHO OWNS THAT.

IT'S JUST A PUBLIC UTILITY EASEMENT FOR THE USE OF EITHER THE CITY OR SOME OTHER UTILITY.

PROBABLY SO.

SO BOTH MR. KAKER AND THIS OWNER BOTH GET TO USE THAT? NO. THOSE UTILITY EASEMENTS ARE NOT REALLY SUPPOSED TO BE FOR PRIVATE PROPERTY OWNERS.

IS THAT PAVED? DON'T. YEAH.

SO, YES, IT WOULD BE PAVED IN BETWEEN THE TWO PROPERTIES YOU'RE TALKING ABOUT IN BETWEEN THE TWO PROPERTIES WHERE THE EASEMENT RUNS IN BETWEEN THERE.

AND SO THAT THAT PROPERTY WOULD BELONG TO THE PROPERTY OWNER.

BUT IT'S SET ASIDE FOR NO CONSTRUCTION COULD GO ON IT, NO IMPROVEMENTS.

DO WE KNOW WHO OWNS THAT? IS THAT IT'S JUST FOR THE USE OF ANY UTILITY? I KNOW. BUT WHO OWNS WHO ACTUALLY OWNS THE PROPERTY OWNERS? THE PROPERTY OWNERS? WHICH ONE? BOTH OF THEM.

WELL, IT JUST DEPENDS ON WHERE IT'S SITUATED.

WITHOUT SEEING A PLAT, I COULDN'T TELL YOU.

OKAY. YOU'RE GOING TO HAVE THE PROPERTY LINE IN BETWEEN THERE AND THEN GENERALLY YOU'LL HAVE A FIVE FOOT UTILITY EASEMENT ON EACH SIDE OF THAT PROPERTY LINE.

MAYBE THAT'S WHAT THIS IS. OKAY.

I MEAN, JUST BECAUSE WE DID THAT, YOU'RE TALKING ABOUT THIS IS DO YOU HAVE THE PLATS? OUR BUILDINGS. IT'S ACTUALLY TO THE SIDE.

[00:30:02]

THAT'S OKAY. I MISUNDERSTOOD.

NO, NO, NO. THAT'S OKAY.

IT. AND IT DOESN'T EVEN HAVE TO BE USED.

RIGHT? THAT'S RIGHT.

THAT'S RIGHT. YEAH.

YOU GOT TO KEEP ANYTHING PERMANENT OR OUT OF IT.

SO. AND MR. KAKER, YOU DON'T HAVE CURB CUTS IN FRONT OF YOUR BUILDING, DO YOU? IT'S ALL THE WAY.

IT'S THE FULL WIDTH OF YOUR PROPERTY, I BELIEVE.

OKAY. SO WHERE ARE YOU TALKING? MARK ON THE NORTH SIDE? YEAH, ON THE NORTH SIDE.

DOESN'T LOOK LIKE THERE'S AN EASEMENT.

WELL, THE NORTH SIDE BETWEEN MR. KAKER'S LOT AND THIS LOT IS WHERE IT SAYS THERE'S A TEN FOOT PUE BY THIS PLAT.

SO MAYBE IT'S BEING ACTUALLY THAT'S ON THE WEST SIDE.

I THINK IT'S ON THE NORTH SIDE.

WELL, THIS IS THE PLAT AND SO THIS PLAT IS NOT SHOWING THAT THERE'S A UTILITY EASEMENT TO THE NORTH, AT LEAST NOT ON THE.

WELL THIS ACTUALLY SAYS TEN FOOT PUE BY THIS PLAT.

SO IT'S BEING DEDICATED ON THIS 418 DRAWING.

BUT I GUESS THIS IS A MORE RECENT DRAWING.

SO YES, THAT'S THE MOST COMMON.

AND THAT DRAWING.

OH, THIS IS 150 BY 150.

SO THAT. NO, THIS IS 150 BY 160.

OKAY. SO THAT INFORMATION MAY NOT BE CORRECT.

WE WOULD GO BY WHAT'S BEEN FILED.

I UNDERSTAND. I'M JUST LOOKING AT THE FLOW OF TRAFFIC AND TOTALLY UNDERSTAND WHAT YOU'RE SAYING ABOUT THE POSSIBILITY OF SOMEBODY PARKING AND WALKING.

BUT FROM A TRAFFIC PATTERN STANDPOINT, I THINK I WOULD THINK VIRTUALLY ALL OF THEIR TRAFFIC THAT GOES TO A GAS PUMP IS GOING TO PULL IN OFF 51 AND EXIT THROUGH THE FIRE LANE.

AND THAT'S A PRETTY HARD TURN TO MAKE.

YOU'RE ALMOST MAKING A U-TURN TO GET BACK IN FRONT OF YOUR BUILDING.

SO I WOULD ANTICIPATE THAT MOST PEOPLE PULL OFF 51 OR MAYBE COME OFF JOHN STREET.

UM, BUT THOSE ARE THE TWO ACCESS POINTS.

IT SEEMS A LITTLE TRICKY, ACTUALLY, FOR THEM TO WEAVE FROM YOUR PARKING LOT INTO THE FIRE LANE ON THIS PARKING LOT.

UM, BECAUSE YOUR BUILDING IS SET FORWARD SO MUCH FARTHER THAN THIS ONE IS.

DOESN'T MEAN THAT SOMEBODY ISN'T GOING TO PARK IN YOUR LOT TO WALK OVER THERE AND GET A HAMBURGER.

UNDERSTAND THAT? UM.

ANYONE ELSE WANT TO SPEAK TO THIS? IN THE AUDIENCE.

YEAH, GO AHEAD.

IVAN OSORNIO. I AM THE OWNER ALSO FROM THE HOUSE.

RIGHT BEHIND IT.

SO I DO AGREE ON THE PARKING SPACE BECAUSE USUALLY WHENEVER YOU WOULD HAVE LIKE AT LEAST ONE TRUCK PARKED RIGHT THERE, USUALLY ONCE OR TWICE DURING THE DAY, IT'S JUST GOING TO CASA TORRES. SO, I MEAN, ALL THOSE TRUCKS, WHEREVER, I DON'T WANT THEM TO BE PARKING ALSO ON MY SIDE OF MY PROPERTY, JUST RIGHT ON THE BECAUSE I'M RIGHT THERE BEHIND THEM.

AND USUALLY WHENEVER IT GETS PACKED, WHENEVER THEY HAVE AN EVENT OR SOMETHING GOING IN THE, WHAT'S IT CALLED, TRADE DAYS OR.

YEAH, TRADE DAYS. ME USUALLY ALL THAT GETS FULL, LIKE EVERYTHING GETS FULL.

EVEN THAT PARKING, LIKE THAT WHOLE THING IS FILLED UP AND ALL THE CARS ARE RIGHT BESIDE MY AND I MEAN MY DRIVEWAY IS ACTUALLY ON THE ON THAT STREET ON THAT SIDE. MY ON MY PARKING MY DRIVEWAY TO GO INSIDE WITH MY CAR.

IT'S ACTUALLY NOT IN THE FRONT OF MY HOUSE.

IT'S ACTUALLY IN THAT STREET, WHICH IS WOULD BE THIS STREET RIGHT HERE? YEAH, THE STREET.

THAT'S WHERE MY DRIVEWAY IS AT IS PROBABLY, I WOULD LIKE TO SAY LIKE MAYBE 20, 20FT.

AND, AND THAT'S WITH THE CURVE THAT I HAVE TO MAKE.

AND I WOULD LIKE TO MAKE THAT STRAIGHT.

SO THAT'S EVEN CUTTING PROBABLY LIKE TO MAYBE 15FT OR SOMETHING.

SO I DO AGREE THAT IS FOR THE SIZE THEY WANT TO MAKE IT, PARKING IS GOING TO BE AN ISSUE.

[00:35:06]

BECAUSE I DON'T WANT TO FOR THEM TO BE BLOCKING ALSO MY MY ENTRY.

OKAY. DID WE GET YOUR NAME AND ADDRESS? YES, I'VE BEEN SWORN.

YES, I SIGNED IT.

OH, OKAY. ALL RIGHT.

ALL RIGHT. THANK YOU.

THANK YOU. DID YOU GET HIS ADDRESS, TOO? HE SAID HE FILLED OUT THE.

OH, GOOD. OKAY, PERFECT.

THANK YOU. THANK YOU, SIR.

HERE WE GO. THERE'S TECHNOLOGY WORKING FOR US.

OKAY.

IF THERE ARE NO MORE COMMENTS, THEN WE'LL CLOSE THE PUBLIC HEARING AND THEN I'LL OPEN UP DISCUSSION WITH WITH THE BOARD.

MR. WOODRUFF HAS ALREADY MADE A COMMENT ABOUT IT.

ANYBODY ELSE WANT TO WANT TO SPEAK.

DEAL. I'M SEEING PROBLEMS. ESPECIALLY WITH THESE.

DEALS WE HAVE AT THE FAIRGROUNDS OUT THERE.

I DON'T KNOW HOW THAT WOULD AFFECT THIS BUILDING IN THIS BUSINESS.

BUT I CAN'T SEE IT BEING GOOD.

AND THAT'S BASICALLY MY PROBLEM WITH IT.

I THINK THEY NEED TO GO BACK TO THE DRAWING BOARD AND COME BACK WITH SOMETHING DIFFERENT.

YEAH, I WOULD I WOULD ASK STAFF AS, AS THE PROPERTY OWNER WHAT YOU'VE ADVISED HIM OF THE SITUATION AND COME BACK WITH SOME RECOMMENDATIONS ABOUT EVEN.

BUT IT LOOKS TO ME LIKE THERE MAY EVEN BE PROBLEMS WITH THE THE REDUCED PARKING RECOMMENDATIONS THAT, YOU KNOW, WE'VE COME UP WITH THAT JUST ALLOWS YOU TO MEET THE MINIMUM MEET THE STANDARDS THAT ARE CURRENTLY SET IN TERMS OF WIDTHS AND DISTANCES AND STUFF.

IS A PROPERTY OWNER EXPRESSED ANY POTENTIAL INTEREST IN JUST COMPLETELY REVISING HIS PLAN FOR THIS LOT? THERE'S NOT BEEN ANY ANY DISCUSSION OF THAT.

THERE'S COMMENTS THAT HAVE BEEN MADE AND SENT BACK TO THEM AT THIS POINT.

AND THIS WAS ONE OF THE COMMENTS THAT WAS MADE THAT THEY'RE TRYING TO ADDRESS.

AND SO THEY HAVE THE POTENTIAL TO STILL MAKE CORRECTIONS TO THAT OR ADD PARKING SPACES TO IT.

LOOKS TO ME LIKE THEY COULD, ONE OPTION IS TO EITHER PUT PUMPS ONLY ON THERE.

MOVE THEM BACK.

NO CONVENIENCE STORE OR A CONVENIENCE STORE AND NO PUMPS.

I'M LIKE THAT. YES.

TO HIS COMMENTS ABOUT THE SPECIAL EVENTS THAT WE HAVE GOING ON PERIODICALLY.

AND THEN YOU GOT THE WISE COUNTY FAIRGROUNDS OVER THERE IN THE IN THE JOE WHEELER PARK AND SEVERAL TIMES, YOU KNOW, THROUGHOUT THE YEAR, THAT'S GOING TO CAUSE A PROBLEM.

BUT I DON'T KNOW THAT I WOULD.

AND IT WAS A PROBLEM BEFORE THE OUTFIT WAS THERE BEFORE YOU KNOW, YOU GET THE SWAP MEET COMING ALONG AND EVERYTHING'S THROWN OUT THERE.

THEY'RE JUST, YOU KNOW, PEOPLE ARE PARKING EVERYWHERE.

AND BUT I DON'T THINK I'D I DON'T THINK I WOULD LET THAT.

YOU KNOW, SWAY ME ABOUT WHAT A PROPERTY OWNER, BUSINESS OWNER, YOU KNOW, WE WOULDN'T HOLD THAT AGAINST HIM OVER THERE.

I MEAN, THAT'S SOMEBODY ELSE'S PROBLEM TO SOLVE.

BUT YEAH, JUST LOOKS LIKE IT'S JUST TOO DARN SMALL FOR WHAT WE ALLOWED TO GO IN THERE WAY BACK THE FIRST TIME. CAN I ASK A QUESTION ABOUT THE SIDE PARKING? SO I'M GUESSING PARKING HERE IS DIFFERENT THAN PARKING ON THE SQUARE.

OR YOU CAN BACK INTO THE RIGHT OF WAY.

SO THOSE DIFFERENT RULES.

YES, THERE ARE DIFFERENT RULES.

I'M NOT SURE THAT'S ONE OF THEM.

BUT THERE'S REALLY NOT A WHOLE LOT OF PARKING REQUIREMENTS FOR THE DOWNTOWN SQUARE AREA BECAUSE OF THE LIMITED SPACE.

[00:40:05]

RIGHT. BUT IN THIS CASE.

SO THOSE SIDE SPACES CANNOT BE USED BECAUSE YOU'RE BACKING INTO A RIGHT OF WAY.

RIGHT. IS THERE.

WOULD THAT REQUIRE A FULL 24 FOOT FIRE LANE BEHIND THOSE SPACES TO MAKE THOSE COMPLIANT OR BECAUSE YOU'RE BACKING OUT.

THAT'S NOT A FIRE LANE.

SO IT'S NOT TWO WAY TRAFFIC.

COULD THAT BE? COULD THOSE PARKING SPACES BE LEGAL IF THEY HAD SOME AMOUNT OF DISTANCE BEHIND THEM BEFORE YOU GOT TO THE RIGHT OF WAY? YES. YOU KNOW HOW MUCH THAT DISTANCE WOULD BE? I DO NOT KNOW. AND I WOULD NOT WANT TO GUESS WITHOUT THE FIRE FOLKS BEING HERE OR EARL.

SURE. UM, JUST THINKING THAT I DON'T WANT TO GET INTO HIS BUSINESS, BUT IF THE BUILDING LENGTH WAS SLIGHTLY REDUCED, YOU COULD MAKE THOSE PLACES.

COMPLIANT. AND WOULD ACTUALLY GET TO THE THEY WOULDN'T NEED A VARIANCE FOR PARKING.

AT THAT POINT.. ENTIRELY POSSIBLE.

WAYNE YOU HAVE ANYTHING TO ADD TO THIS? THAT HAS BEEN A CONCERN ON THIS PROPERTY SINCE IT WAS ORIGINALLY BROUGHT IN 3 OR 4 YEARS AGO, THAT THERE'S A LOT GOING ON.

AND THEN WITH THE ADAPTATIONS THAT WE'VE MADE FOR CURRENT REQUIREMENTS FOR PARKING AND SETBACKS.

THAT HAS BEEN AN ISSUE EVER SINCE THIS HAS STARTED.

THERE'S NO DOUBT THAT A CONVENIENCE STORE WOULD THAT WOULD BE A GREAT LOCATION FOR ONE.

THE SIZE OF IT HAS CREATED ISSUES ALL ALONG.

THE ORIGINAL PLAN.

I UNDERSTOOD THAT WE SAW THIS WITH THE ORIGINAL PLAN THAT WE HAD THAT WENT BACK TO THEM.

ACTUALLY, OUT OF THREE OF THE 3 OR 4 OF THOSE PARKING SPOTS, THEY HAD A PERGOLA OVER THOSE AND AN OUTDOOR DINING AREA.

AND SO THIS IS REVISED FROM THE PLANS THAT WE'VE SEEN.

SO THEY'RE OBVIOUSLY WILLING TO MAKE MODIFICATIONS IN ORDER TO GET THERE WHAT THOSE MODIFICATIONS WOULD BE.

THAT NEEDS TO BE SOMETHING THEY LOOK, THAT'S NOT UP TO US THEIR BOTTOM LINE ON TO SEE.

ALL RIGHT. ANY MORE QUESTIONS OR COMMENTS ? WITH AN I'LL CLOSE THE PUBLIC HEARING.

IS THAT CORRECT? OKAY.

WELL, THEN I'LL ENTERTAIN A MOTION.

YEAH. GOOD IDEA.

IF SOMEONE'S SPEAKING, WE CAN'T HEAR.

SORRY. THAT WAS ME. I TURNED IT ON.

THANK YOU. SO I THINK WE HAVE WE HAVE OTHER OPTIONS.

AS MR. WOODRUFF SAID, WE CAN EITHER RECOMMEND APPROVAL.

WE CAN RECOMMEND APPROVAL WITH CONDITIONS.

WE CAN RECOMMEND DENIAL OR WE CAN RECOMMEND POSTPONING CONSIDERATION AND GIVEN THE DISCUSSION THAT WE'VE HAD TODAY, THAT SEEMS TO BE A A GOOD ANSWER.

AND LET THEM HAVE TIME TO REWORK THIS AND COME BACK TO US.

THINK I'D KIND OF LIKE TO GIVE THE PROPERTY OWNER A CHANCE TO RECONSIDER.

AFTER HEARING THE, YOU KNOW.

OUR COMMENTS. WHAT'S WHAT HAS BEEN PRESENTED HERE AND WHAT, YOU KNOW, WHAT THE PUBLIC INPUT FROM THIS MEETING IS.

I DON'T WANT TO JUST TELL HIM, YOU KNOW, ABSOLUTELY NO, YOU CAN'T DEVELOP THIS PROPERTY.

BUT I THINK I'D LIKE TO GIVE HIM AN OPPORTUNITY TO SEE IF HE WANTS TO CONSIDER ANOTHER ANOTHER OPTION, IF HE CAN FIND ONE THAT WILL, YOU KNOW, MAKE GOOD BUSINESS SENSE TO HIM.

SO MAYBE THAT'S KIND OF WHERE MY FEELING IS.

[00:45:04]

TAKE IT BACK TO HIM AND LET HIM KNOW AND SEE WHAT HIS RESPONSE IS AND PUT THE BALL BACK IN HIS COURT.

YES, THAT WORKS.

WELL, IN THAT CASE, YOU WOULD TURN THAT INTO A MOTION.

IN THAT CASE, IF YOU'RE SEEKING A MOTION, MR. PRESIDENT. YES, I WOULD LIKE TO MAKE THAT THAT MY MOTION AND IT WOULD BE THAT WE POSTPONE CONSIDERATION OF THIS APPLICATION.

ZBA 2020 308 BASED ON THE THE INPUT THAT WE HAVE HAD.

FROM THE PUBLIC AND STAFF AT THIS MEETING.

ALL RIGHT. AND YOU WANT YOU WANT TO POSTPONE IT TO A DATE CERTAIN, MARTIN.

I NEED TO SAY A DATE.

YES, SIR. UH, AND..

THE OTHER OPTION YOU HAVE IS TO MAKE A MOTION TO LAY IT ON THE TABLE.

AND THEN YOU DON'T HAVE TO SPECIFY A DATE, BUT THERE WILL HAVE TO BE A MOTION LATER TO TAKE IT FROM THE TABLE FOR CONSIDERATION.

OKAY. SO THAT THAT KIND OF A MOTION WOULD BE TO JUST TABLE IT, WHICH MEANS IT'S STAYING OUT THERE WAITING FOR THEM TO COME BACK, AND THEN WE'D BE READY TO RECONSIDER IT WITHOUT HAVING TO SET DATES.

I THINK I'D LIKE TO DO THAT.

LET ME AMEND MY MOTION TO SUGGEST THAT WE TABLE THIS AT THIS TIME FOR THE SAME PURPOSE.

SO WE HAVE A MOTION FROM MR. WOODRUFF, A SECOND FROM MR. CROSS. ALL THOSE IN FAVOR SAY AYE? AYE. ANY OPPOSED? HEARING NONE.

AND THAT'S OUR DECISION TODAY ON ITEM FOUR.

[ITEM 5: New and/or future business items.]

IS THAT CORRECT? NO, WE DON'T HAVE ANY APPLICATIONS THAT HAVE BEEN SUBMITTED FOR THE JULY MEETING.

SO I THINK IT WAS PROBABLY GOOD, MARTIN, TO TABLE IT BECAUSE WE MAY OR MAY NOT HAVE A MEETING IN JULY.

VERY GOOD. OKAY.

SO WE WILL WAIT TO HEAR.

TODAY IS THE DEADLINE, I THINK, FOR THAT MEETING.

IS THAT CORRECT? ACTUALLY, YESTERDAY, MONDAY OR TUESDAY, I'M SORRY.

MONDAY WAS THE. THAT'S RIGHT.

THAT'S RIGHT. YEAH. SO WE NOW WE WILL NOT HAVE A MEETING IN JULY.

VERY GOOD. AND HAVING NO OTHER ITEMS. WE STAND ADJOURNED AT 4:21.

AND LET ME BE.

* This transcript was compiled from uncorrected Closed Captioning.