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>> THE CLOCK SAYS 5:15 PM. OOD EVENING. WELCOME TO THE PLANNING COMMISSION MEETING FOR OCTOBER 21, 2021. I CALLED THE MEETING TO ORDER.
AND CAN WE HAVE THE ROLL CALL PLEASE.
>> ROLL CALL. >> WE HAVE QUORUM.
[1. ANNOUNCEMENT/REMINDERS: Live public access is available on TV15.]
>>GAIL HOAD, CHAIR: THANK YOU VERY MUCH. JUST AS A REMINDER, TONIGHT'S MEETING IS BEING SIMULCAST AT TV 15 SO SMILE AT THE CAMERAS. CELESTE, DOES STAFF HAVE ANY
ANNOUNCEMENTS FOR US? >> WOULD LIKE TO ENTER NEW KNOW INTRODUCE OUR NEW PLANNER. HE'S BEEN WITH THE CITY A YEAR. HE WAS CURRENTLY THE TRANSPORTATION PLANNER. HE HAS NOW SWITCHED OVER TO THE DEVELOPMENT SIDE AS BRITTANY HAS LEFT THE CITY OF VICTORIA. LET ME INTRODUCE HIM.
>> NICE TO MEET YOU ALL. >> NICE TO MEET YOU.
>> GLAD TO BE ABOARD. >> THANK YOU SO MUCH.
>> THANK YOU. >> SO NOW WE ARE GOING TO THE CITIZEN COMMUNICATIONS. DO WE HAVE ANY CITIZENS WISHING TO SPEAK AND PLEASE BE REMINDED
[C. Training for Planning Commission]
THIS IS ONLY TWO ITEMS THAT ARE NOT LISTED FOR A PUBLIC HEARING.AND SEEING NO ONE, THEN WE WILL MOVE ON. I THINK WE HAVE SOME TRAINING.
>> TRAINING MIGHT BE A BIT OF AN EXAGGERATION (LAUGHING). >>GAIL HOAD, CHAIR: REMINDERS.
>> WE WOULD DO A QUICK REVIEW. FOR THOSE I HAVEN'T MET, I AM ALLISON THE DEPUTY CITY ATTORNEY AND I THOUGHT ABOUT WERE GOING TO GO OVER ROBERT'S RULES OF ORDERS AND THE VARIANCE CRITERIA. AND I THOUGHT ABOUT PRESENTING YOU WITH MY BOSSES ROBERT'S RULES OF ORDER PRESENTATION BUT THAT IS ROUGHLY AN HOUR AND NO ONE WANTS TO LISTEN TO ME TALK ABOUT IT THAT LONG.E WILL HIT THE BASICS THAT ARE THE MOST IMPORTANT THINGS YOU WILL WANT TO KNOW. THE MOST IMPORTANT RULE IS THAT ROBERT'S RULE OF ORDER ARE JUST RULES. THEY ARE NOT LAWS. THEIR JOB IS TO KEEP ORDER IN A MEETING SO EVERYONE KNOWS WHAT'S GOING ON SO WE CAN TAKE THE MINUTES APPROPRIATELY.
THAT'S IT. IF ANYTHING EVER GETS -- WE ARE NOT SURE WHAT TO DO DON'T PANIC. IT'S NOT -- YOU WON'T GET IN TROUBLE IF WE DON'T FOLLOW THEM VERBATIM. THAT'S THE ONE THING THAT PEOPLE DO NOT REALIZE, THEY ARE JUST RULES.
THE BASIC THINGS YOU NEED TO KNOW IS WHAT IS THE MAJORITY? THAT DETERMINES WHETHER OR NOT WE CAN VOTE ON ANYTHING. AND THE MAJORITY IS LIKE IT SOUNDS, ONE MORE THAN HALF.
FOR EXAMPLE 5 OF YOU ARE HERE TONIGHT. THERE ARE NINE TOTAL AND SO THAT -- YEAH. NINE TOTAL. THAT MEANS WE HAVE A MAJORITY.
ONE OF THE THINGS THAT CAME UP NOW IS IF WE CALL THE ROLL AND THERE'S A MAJORITY ONE HAS TO EXCUSE HIMSELF CAN WE VOTE ON SOMETHING? WE CAN VOTE ON THAT PERSON'S VOTE -- THEY JUST DON'T VOTE BUT WE STILL CONSIDER HAVING THE MAJORITY QUORUM FOR THE PURPOSES OF VOTING ON THAT ITEM.
I THINK THAT FOR CELESTE, THAT MIGHT HAPPEN LATER IN THE MEETING.
THAT IS FIRST. THE NEXT THING THAT WE ARE GOING TO KINDA FOCUS ON IS HOW DO WE GET THINGS DONE IN A MEETING PER ROBERT'S RULES OF ORDER? MOST OF YOU WILL HAVE BEEN TO A COMMISSIONER OR COUNCIL MEETING AND YOU SEE HOW IT HAPPENS.
WE HAVE OUR CHAIR. THAT'S THE PERSON IN CHARGE. IF WE WERE GOING BY THE RULES WOULD BE OUR CHAIR COULD SPEAK AND ANYONE ELSE WANTED TO SPEAK THEN YOU WOULD BE REQUIRED TO BE CALLED ON SO THEN YOU COULD SPEAK. WE DON'T DO THAT ANYMORE.
EVERYBODY TAKES THEIR TURN TO SAY IF THEY WANT TO TALK ABOUT SOMETHING.
HOW DO WE GET THINGS DONE? WE LOOK AT THE AGENDA THAT TELLS US WHITE ITEMS WE CAN AND CANNOT TALK ABOUT. IF THERE'S AN ITEM THAT COMES UP IN THE PUBLIC SPEAKER PORTION -- AND IT'S NOT ON THE AGENDA, THE MOST WE CAN DO IS LISTEN TO WHAT THE PEOPLE HAVE
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TO SAY.F YOU WANT TO DISCUSS IT WE WILL PUT IT ON OUR NEXT AGENDA.THOSE ARE NOT ITEMS THAT YOU CAN DISCUSS AT THAT TIME. IT'S THEIR CHANCE TO TALK TO YOU ALL AND SAY WHAT THEY HAVE TO SAY. BASICALLY THEY THANK YOU AND IF YOU WANT TO BRING THAT UP YOU ARE WELCOME TO DO SO MAKE NOTE AND WILL PUT IT ON THE AGENDA.
THE ITEMS THAT ARE ON THE AGENDA -- HOW DOES THAT WORK? VERY SIMPLE.
WE EITHER -- JULIE OR MYSELF OR LILA WILL CALL UP THE ITEM AND THEN YOUR CHAIR, GAIL HOED WILL MAKE A MOTION.AKE A MOTION AND SECOND THE MOTION. THAT ALLOWS YOU TO DISCUSS THE ITEM. YOU CAN'T DELIBERATE THAT UNTIL A MOTION HAS BEEN SECONDED AND MADE. IT JUST MEANS YOU ARE AGREEING YES WE WANT TO DISCUSS THIS ITEM. SO IF SOMETHING COMES UP AND YOU ARE THINKING I DON'T LIKE THIS. MY VOTE IS NO. THE SECOND THING, THE MOTION IS NOT THE SAME AS VOTING FOR ITS. IT ALLOWS YOU TO DISCUSS IT AS A BODY.
THERE WILL ALWAYS HAVE TO BE A MOTION AND A SECOND. IF THE SECOND DOESN'T HAPPEN THEN YOU CAN'T DISCUSS IT AT THAT MEETING. THEN YOU DELIBERATE.
THAT'S YOUR BACK AND FORTH. YOU CAN ASK QUESTIONS AND THAT WHEN PEOPLE CAN TALK TO YOU ABOUT THE ITEM BACK AND FORTH. WHEN THAT IS DONE, YOUR PUBLIC HEARING, WHEN YOUR PUBLIC HEARING IS DONE YOU CLOSE YOUR PUBLIC HEARING AND YOU VOTE. THAT'S A SIMPLE YES OR NO VOTE AND YOU MOVE ON TO THE NEXT ITEM. IT'S THAT SIMPLE IN TERMS OF THE PROCEDURE OF HOW IT GOES. IN TERMS OF THE MEETING AS A WHOLE, YOU CALLED A MEETING TO ORDER. THAT WAY WE CAN MAKE NOTE OF WHAT TIME IT STARTS AND WHO IS IN OUR ROLL CALL. THAT'S FOR THE MINUTE SO THAT WE HAVE SOMETHING RECORDED SO WE CAN LOOK BACK LATER IN TIME.
ONCE WE'VE GOTTEN THROUGH THE AGENDA, IF THERE'S NOTHING ELSE TO DISCUSS, WE CLOSE THE MEETING AND WE ARE DONE. THATCHER BASIC ROBERT'S RULES OF ORDER THAT YOU WILL NEED TO KNOW FOR THIS.
THE MOST COMPLICATED THING ABOUT ROBERTS RULES THAT YOU EVER HAVE TO DEAL WITH IS WHEN SOMEONE WANTS TO MAKE AN AN AMENDMENT TO AN ITEM ON THE FLOOR.
THAT'S WHERE IT CAN GET COMPLICATED. IN ORDER TO MAKE AN AMENDMENT, SAY I DON'T HAVE A HUGE PROBLEM BUT I'D LIKE TO MAKE A TWEET -- TWEAK TO IT AS IT'S WRITTEN.
HE ORIGINAL ITEM, WHATEVER IT IS, HAS TO HAVE ITS MOTION AND SECOND IN ORDER FOR YOU TO DISCUSS IT. SOMEONE SAYS I'LL AGREE BUT I WANT TO MAKE AN AMENDMENT.
IN ORDER FOR THAT AMENDMENT TO BE MADE INTO THE ORIGINAL ITEM, THAT HAS TO HAVE A MOTION AND A SECOND AND THE AMENDMENT IS VOTED ON. NOW THE AMENDMENT EXISTS WITHIN THE ORIGINAL MOTION. ONCE THAT EXISTS AND WE ARE DONE, IT GETS PLUGGED INTO THE ORIGINAL AND THEN WE HAVE TO VOTE ON THE ITEM -- AND WITH ONE OR TWO, YOU ARE FINE WITH MORE THAN THAT IT CAN GET COMPLICATED. THAT'S GOING TO BE YOUR MOST COMPLICATED STEP WITHIN ROBERTS RULES OF ORDER.
BEYOND THAT, IT'S FIRST, SECOND VOTE AND WE ARE DONE. AND THAT'S ABOUT IT.
DO YOU HAVE QUESTIONS? >> I DID NOT -- I WANTED TO MAKE SURE I DID NOT HEAR SOMETHING WRONG. YOU WERE SAYING THAT THE CHAIR WOULD MAKE THE MOTION BUT I DON'T HAVE TO.
>> NO. YOU DON'T HAVE TO. ANYBODY CAN MAKE A MOTION.
AND -- IT DOES NOT HAVE TO BE YOU IT COULD BE ANYBODY. YOU WILL CALL THE VOTE, THOUGH.
WHEN EVERYONE IS DONE DELIBERATING. ANY OTHER QUESTIONS?
>> THANK YOU FOR THAT LONG -- >> TRYING TO GET YOU OUT OF HERE AS FAST AS I CAN. AND YOU ARE WELCOME TO EMAIL ME IF SOMETHING -- IF YOU HAVE A QUESTION ABOUT ROBERTS RULES OF ORDER, I HAVE A BOOK IN MY OFFICE.
MOST OF IT WE DON'T USE ON A DAY-TO-DAY BASIS. SO NOW THAT WE ARE DONE WITH ROBERTS RULES WILL TALK ABOUT VARIANCES. AND THIS IS REALLY JUST WHAT IS YOUR JOB AS THE COMMISSION. AND I KNOW THAT YOU ARE EACH GIVEN A BOOK AND THAT GIVES YOU THE CODE SECTION TO APPLY TO ALL THE DIFFERENT THINGS, THE VARIANCES APPLY TO.
I DON'T THINK IT HAS THE ACTUAL CITY CODE SECTION IN IT THAT GOVERNS HOW YOU MAKE YOUR DECISION. IF IT IS IN THERE AND I AM WRONG I STAND CORRECTED, BUT I DON'T BELIEVE IT IS. SO THAT IS CITY CODE SECTION 21 ? 16 WHICH IS CALLED VARIANCES.
IT'S SIMPLE. IT SAYS VARIANCES MAY BE GRANTED SO THAT SUBSTANTIAL
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JUSTICE MAY BE DONE IN THE PUBLIC INTEREST SECURED PROVIDED THAT SUCH VARIANCE SHALL NOT HAVE THE EFFECT OF VIOLATING THE INTENT AND PURPOSE OF THIS CHAPTER.OKAY? SO THAT GIVES YOU -- I GRANT YOU THE AUTHORITY TO GRANT VARIANCES. WHEN YOU MAKE THIS DECISION BASED ON? AT THE BEGINNING OF THE MEETING YOU ARE REQUIRED TO HAVE A PACKET THAT THE PERSON REQUESTED THE VARIANCES FILLED OUT. AND THE BURDEN OF PROVING THAT THEY NEED THIS VARIANCE AND IT SHOULD BE GRANTED IS ON THE PERSON REQUESTING IT.
IT'S NOT ON THE CITY PLANNER OR ANYONE LIKE THAT TO ARGUE FOR IT.
IT'S THEIR JOB TO SAY HERE IS WHY I AM ASKING FOR THIS AND WHY YOU SHOULD GRANT IT.
ALL THAT INFORMATION SHOULD BE IN THERE. EVERYTHING YOU NEED TO KNOW YOU WILL HAVE IN YOUR HANDS AHEAD OF TIME. THERE ARE FIVE BASIC FACTORS THAT YOU CAN MAKE -- THAT YOU CAN DO TO MAKE THE DECISION BASED ON.
AND THOSE FACTORS ARE NUMBER ONE, THAT THE GRANTING OF THE VARIANCE WILL NOT BE DETRIMENTAL TO THE PUBLIC SAFETY HEALTH OR WELFARE OR BE INJURIOUS TO THE SURROUNDING PROPERTY. PRETTY SIMPLE.
NUMBER TWO THE GRANTING OF THE VARIANCE IS NOT BASED ON A HARDSHIP WHICH IS SELF-IMPOSED.
WHATEVER THEY'RE ASKING YOU TO DO CANNOT BE A SITUATION THAT THEY HAVE CREATED FOR THEMSELVES AND ARE ASKING YOU TO FIX FOR THEM. IT HAS TO BE SOMETHING THAT WAS THERE WHEN THEY CAME ALONG OR IS NATURALLY OCCURRING OR WHATEVER THE CASE MAY BE.
NOT I POURED MY DRIVEWAY WRONG AND ELM ASKING YOU TO GIVE ME A VARIANCE SO I CAN FIX IT.
NUMBER THREE, THE HARDSHIP IS NOT BASED SOLELY ON THE COST OF COMPLYING WITH THE REGULATION.
IF THEIR COMPLAINT IS I DON'T WANT TO PAY THIS AMOUNT OF MONEY FOR THIS, THAT'S NOT SUFFICIENT.
NUMBER FOUR, THE GRANTING OF THE VARIANCE WILL NOT HAVE THE EFFECT OF PREVENTING THE ORDERLY DEVELOPMENT OF OTHER LAND IN THE AREA IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER. I.E., GRANTING THEM THIS VARIANCE DOES NOT HINDER ANYBODY ELSE FROM DEVELOPING THE SURROUNDING AREA AROUND THEM.
YOU CAN'T PUT -- AND EXTENDED DRIVEWAY THROUGH THE EMPTY LOT NEXT TO BECAUSE SOMEONE WILL COME ALONG AND DEVELOP THAT. EVENTUALLY. THAT SORT OF THING.
AND THEN NUMBER FIVE, THERE ARE SPECIAL OR UNIQUE CIRCUMSTANCES OR CONDITIONS AFFECTING THE LAND INVOLVED SUCH THAT THE STRICT APPLICATION OF THE PROVISION OF THE CHAPTER WOULD DEPRIVE THE APPLICANT OF THE REASONABLE USE OF THEIR PROPERTY.
THESE ARE SIMPLE FACTORS THAT YOU TAKE INTO CONSIDERATION WHEN YOU MAKE YOUR DECISION.
AND THE KEY TO THIS IS YOU ALL MAY GRANT A VARIANCE. YOU ARE NOT REQUIRED TO.
SO IT IS UP TO YOU WHETHER YOU BELIEVE THAT THE INFORMATION PROVIDED BY THE APPLICANT IS SUFFICIENT TO HITCH ALL OF THESE FACTORS IN GRANTING THEM THERE VARIANCE.
IT'S 100 PERCENT UP TO. THERE IS AN APPEAL PROCESS IF YOU SAY NO, DON'T FEEL TOO BAD.
THEY CAN APPEAL THAT TO CITY COUNCIL AND -- EVEN WHEN YOU DO APPROVE A GHOST OF THE CITY COUNCIL FOR THEIR APPROVAL. THEY HAVE AN APPEAL PROCESS THAT THEY CAN PLEAD THEIR CASE ELSEWHERE. SO THOSE ARE YOUR FACTORS TO CONSIDER.
>> IF I MAY INTERRUPT I WANTED TO REMIND EVERYONE THAT STAFF TRY AND MAKE IT EASY FOR YOU.
IF YOU ACCEPT THE STAFF REPORT, OUR STAFF REPORT CONSIDERS THESE VARIANCE CRITERIA.
IF YOU ACCEPT OUR RECOMMENDATION, YOU ARE ACCEPTING STAFF ANALYSIS
AGAINST CRITERIA. >> THEIR JOB IS TO DO THE HEAVY
LIFTING. >> AND I AM THANKFUL FOR THAT.
>> WE HAVE HAD INSTANCES WHERE IT WAS LIKE OKAY EVEN THOUGH THE STAFF RECOMMENDED AT THE WERE THINGS -- FROM RESEARCH THAT THEY FOUND AND SO WE STILL DIDN'T GET IT GRANTED EVEN THOUGH STAFF RECOMMENDED IT. I BELIEVE IT DOESN'T GIVE EVERYBODY EXCUSES NOT TO DO THEIR DUE DILIGENCE OF LOOKING BECAUSE WERE ALL HUMAN AND WE ALL MAKE MISTAKES.
>> ABSOLUTELY. IF YOU GET YOUR PACKET AHEAD OF TIME AND YOU ARE LOOKING AT SOMETHING AND YOU HAVE QUESTIONS OR CONCERNS BY ALL MEANS WE ENCOURAGE YOU ALL TO CONTACT EITHER JULIE, CELESTE OR SOMEBODY AND SAY WALK ME THROUGH THIS OR TELL ME HOW THIS WORK BECAUSE YOU ALL ARE MORE THAN WELCOME -- WERE HERE TO GIVE YOU THE INFORMATION AND THEY'VE DONE -- THEIR JOB IS TO DO THE RESEARCH AND PUT IT TOGETHER BUT YOU ARE WELCOME TO ASK QUESTIONS AND TO VOTE AGAINST IT DESPITE WHAT THEIR RECOMMENDATION MIGHT BE.
>> THE CRITERIA -- IF YOU DON'T BELIEVE THAT THE VARIANCES -- YOU CAN SAY NO.
AND SO THE VARIANCE IT'S MOST CRITERIA WHEN STAFF RECOMMENDS DENIAL BUT YOU WANT TO RECOMMEND APPROVAL THAT'S WHEN YOU NEED TO CONSIDER THE
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VARIANCE CRITERIA AND IN GRANTING THE APPROVAL DOESN'T MEET ALL THE CRITERIA.>> SO THAT'S PRETTY MUCH -- THAT'S WHERE YOU GO. IT'S AN CODE.
YOU CAN LOOK IT UP.F YOU HAVE SPECIFIC QUESTIONS ON IT AND YOU WOULD LIKE CASE LAW AND HOW COURTS HAVE DECIDED I'M HAPPY TO SEND THAT TO YOU. BUT THE BOTTOM LINE ? MET ONE OF THE MOST IMPORTANT THINGS IS THE BURDEN IS ON THE PROPERTY OWNER BECAUSE THEY'RE ASKING US TO MAKE AN EXCEPTION FOR THEM. TELL ME WHY AND EXPLAIN IT TO ME AND GIVE ME SUFFICIENT EVIDENCE AND IF YOU DON'T BELIEVE THAT'S THEY ARE, BY STATUTE, YOU CAN'T GRANT THE VARIANCE TO THEM. AND SO THAT'S IT. DO YOU HAVE ANY QUESTIONS?
>> ARE THERE ANY SITUATIONS WHERE THE COMMISSION ALMOST HOUSED THERE HAS TO APPROVE A VARIANCE REQUEST? > WHAT YOU MEAN? GIVE ME AN EXAMPLE.
>> NOW YOU'RE GONNA MAKE ME. >> I'M GOING TO MAKE YOU DO THE
HARD WORK. >> IN MY EXPERIENCE, NOW.OW APPLAUD THAT'S ACTION IF IT MEETS THE ORDINANCES THAN YOU -- THE COMMISSION HAS TO FIND A REASON TO DENY A PLAT AND THEIR ONLY REASON TO DENIES IT DOES NOT MEET OUR ORDINANCES AND IF IT DOESN'T MEET THE VARIANCE NEVER WOULD'VE MADE IT OUT OF STAFF REVIEW.
WITH VARIANCES, IN MY EXPERIENCE, HE WOULD NEVER BE OBLIGATED TO -- YOU ALL ARE A RECOMMENDING BODY. ULTIMATELY IT'S UP TO THE CITY COUNCIL.
>> IS NOT LIKE WITH THE PLAT PROCESS WHERE THEY MET ALL THE REQUIREMENTS.
WE CAN'T SAY NO. >> NOT WITH VARIANCES.
>> THEY'VE DONE ALL OF THAT AND THAT'S BEEN DONE AND THIS IS THEM COMING BACK AND SAYING WAIT A MINUTE. I WANT TO CHANGE SOMETHING -- IN ORDER TO ASK FOR A VARIANCE, YOU HAVE TO HAVE SOMETHING THAT IS OUTSIDE OF CODE OR WANT TO DO SOMETHING OUTSIDE OF CODING THEY HAVE DONE THOSE THINGS. IT'S NEVER REQUIRED THAT YOU APPROVE A VARIANCE.
ANY OTHER QUESTIONS? AND AGAIN, YOU ARE WELCOME TO CONTACT ME OR MY OFFICE IF YOU HAVE QUESTIONS OR DOES THIS MEET THE STANDARD OR WHAT IS THE STANDARD OF THIS? I WILL BE HAPPY TO DISCUSS THAT FURTHER WITH YOU.
>> THE ONLY THING I WOULD SAY THAT YOU ARE 100 PERCENT RIGHT. LOOKING AT THOSE FIVE STATEMENTS, THAT'S WHAT YOU'VE GOT TO GO BY. YOU'VE GOT TO LOOK AT EVERY VARIANT THAT COMES ACROSS WE NEED TO BE LOOKING AT THAT AND MAKING SURE THAT WE CAN FEEL
GOOD ABOUT THE ANSWERS. >> AGREED.
THAT'S ONE OF THE THINGS WE TRY TO ENCOURAGE THE COMMISSIONERS TO UNDERSTAND.
THERE IS HEART IN EVERYTHING YOU DO AND THERE IS ALWAYS THE CASE WHERE IT PULLS AT YOUR HEARTSTRINGS A LITTLE BIT BUT YOUR JOB IS TO FOLLOW THESE FACTORS AND DOES IT OR DOES IT NOT FIT INTO THOSE.ET THE EMOTIONAL PIECE ASIDE AND NOT USE IT IN CONSIDERING THIS DECISION AND TAKE THE INFORMATION THAT YOU HAVE BEEN GIVEN THAT'S IN FRONT OF YOU.
>> I WOULD AGREE THANK YOU, THE PLANNING TEAM FOR DOING YOUR RECOMMENDATION.
IT HELPS US. >> THEY DO OUTSTANDING.
>> CHECKS AND BALANCES, RIGHT. >> IT NEVER REALLY IS AN INSTANCE BUT IT HAPPENS SOMETIMES. EVERYTHING THEY DO IS
PHENOMENAL. >> WE TRY AND COUNSEL APPLICANTS EVEN BEFORE THEY MAKE THAT FIRST APPLICATION. WE DO STEER AWAY SOME OF THE OUTLANDISH REQUESTS SO THAT THEY ARE NEVER EVEN FORMALLY MADE (LAUGHING).
>> HUNDRED $95 APPLICATION FEE -- >> YEAH.
[1. Variance Request for Minimum Exterior Side Yard Setback for Habitat fo...]
>> OKAY. IF YOU HAVE NO OTHER QUESTIONS, THAT'S 30-ISH MINUTES.
I DID NOT KEEP YOU HERE FOR AN EXTRA HOUR AND A-HALF. > THANK YOU, ALLISON.
NOW WE WILL GO ON TO THE DEVELOPMENT ITEMS. CAN WE HAVE THE STAFF REPORT,
TONIGHT WE ARE PRESENTING A VARIANCE REQUEST FOR GOLD ENCRUSTED HABITAT FOR HUMANITY LOCATED AT 4103 NORTH NAVARRO ST. THE SUBJECT PROPERTY EXISTS AS A PLATTED COMMERCIAL LOT.
THE PROPERTY OWNERS PROPOSING TO EXPAND AN EXISTING WAREHOUSE SPACE WITH A 20 FOOT BY 60 FOOT ADDITION. THE APPLICANT REQUESTS AND APPROVAL OF A VARIANCE FOR THE SUBMITTAL AND APPROVAL OF A SITE PLAN AND BUILDING PLANS DEPICTING THE WAREHOUSE ADDITION WHICH WOULD ENCROACH THE MINIMUM EXTERIOR SIDE YARD SETBACK ESTABLISHED BY THE ORIGINAL PLAT.
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THE ORIGINAL PLAT, THE GEMINI PARK UNITS NUMBER TWO AND THREE WAS PLOTTED WITH A 25 FOOT SETBACK WHICH EXCEEDS THE MINIMUM REQUIRED BY CITY CODE TODAY BY FIVE FEET.THE PROPOSED BUILDING WOULD ENCROACH THE PLATTED 25 FOOT SETBACK BY APPROXIMATELY FOUR FEET, PROVIDING ONLY A 21 FOOT SETBACK RATHER THAN THE 25 FOOT SETBACK ESTABLISHED BY THE PLAT.
STAFF WOULD RECOMMEND THE APPROVAL OF THE VARIANCE REQUEST TO ALLOW THE PROPERTY OWNER TO EXPAND THE WAREHOUSE IN PROGRESS APPROXIMATELY FOUR FEET INTO THE SETBACK.
WHILE THE ORIGINAL PLAT ESTABLISH THE MINIMUM EXTERIOR SIDE YARD AT A 25 FOOT SETBACK, THE CURRENT CODE ESTABLISHES THE MINIMUM SIDE YARD AS A 20 FOOT SETBACK.
THE WAREHOUSE ADDITION WOULD NOT ENCROACH THE 20 FOOT EXTERIOR SIDE YARD SETBACK.
THE SUBJECT PROPERTY WOULD COMPLY WITH TODAY'S CITY CODE REGARDING BUILDING SETBACKS AS WELL AS OTHER REQUIREMENTS. REPLY DEPICTING A 20 FOOT SETBACK WOULD BE SUBMITTED IN LIEU OF THE VARIANCE. HOWEVER STAFF BELIEVES THAT IT IS AN UNNECESSARY EXPENSE AND RECOMMENDED A VARIANCE TO THE APPLICANT.
STAFF HAS DETERMINED THAT THE VARIANCE IS NOT BASED ON A HARDSHIP THAT WAS SELF-IMPOSED.
IN ADDITION, THE GRANTING OF THIS VARIANCE WOULD NOT PREVENT THE DEVELOPMENT OF THE AREA SURROUNDING THE PROPERTY.
I'M OPEN FOR QUESTIONS. >> MDM. CHAIR, I WOULD LIKE TO RECUSE MYSELF. I'M NOT AN OWNER BUT I WORKED THERE.
>> THANK YOU. ARE THERE ANY QUESTIONS?
>> IF NOT WE WILL OPEN THE PUBLIC HEARING NOW.F YOU WISH TO SPEAK ON THIS ITEM COME FORWARD AT THIS TIME. CITIZENS WILL BE LIMITED TO FIVE MINUTES.
AND SEEING NO ONE, DO WE HAVE A MOTION?
>> OKAY I HAVE A MOTION TO ACCEPT. SECOND KEY.
>> I WILL SECOND. >> OKAY. ALL RIGHT. AND DO WE HAVE ANY
DISCUSSION? >> I THINK THIS IS A GOOD COMPROMISE BETWEEN WHAT THEY NEED AND WHAT THE CITY ORDINANCE -- I WOULD HAVE BEEN FINE WITH THEM GOING RIGHT UP TO THE 20 FOOT. BY SHORTENING IT I THINK THAT'S A GOOD COOPERATION BETWEEN THE CITY AND THE DEVELOPMENT. I LIKE IT.
>> IT'S REALLY NOT AN EXCEPTION NOW, OR WOULD THERE EVEN BE ONE ADD TO CURRENT CODES?
>> THEY COULD REPLANT. SO I THINK THAT THE INTENT OF THE ORDINANCE IS BEING PRESERVED AND THERE IS AN ESTABLISHED BUILDING LINE IN THE PROPOSAL STILL FALLS WITHIN THE ESTABLISHED AILING LINE AND THAT'S WHY WE RECOMMENDED APPROVAL.
>> WE ARE ONLY ADDRESSING IT AS A VARIANCE BECAUSE THE ORIGINAL PLAT HADN'T SETBACK THE 20
[E. Consent Agenda:]
>> ANY OTHER DISCUSSION? IF NOT, THEN WE WILL VOTE. ALL IN FAVOR SAY AYE.
ANY OPPOSED? MOTION CARRIES. OKAY.
UNDER THE CONSENT AGENDA THERE IS ONE ITEM WHICH IS THE MINUTES FOR THE SEPTEMBER 16, 2021 MEETING. HAS EVERYONE HAD A CHANCE TO READ THOSE? AND CAN WE HAVE A MOTION TO ACCEPT?
[1. Monthly Development Report]
>> I MOVE THAT WE ACCEPT. >> SECOND.
OKAY. ALL THOSE IN FAVOR? SAY AYE.
ALL OPPOSED? ALL RIGHT. THE MOTION PASSES.
CAN WE HAVE THE MONTHLY DEVELOPMENT REPORT, PLEASE?
>> YES THIS PAST MONTH WE HAD THREE PLANTS TO SITE PLANS IN ONE CITY COUNCIL AGENDA THAT WAS RECOMMENDED APPROVAL BY PLANNING COMMISSION AND APPROVED BY CITY COUNCIL. OUR BUILDING PERMITS FOR LAST MONTH ROUNDED OUT OUR FISCAL YEAR. YOU CAN SAY WE WERE INCREASING IN NUMBERS SHOWING THAT DEVELOPMENT IS STILL BACKUP ON A RISE.
ANY QUESTIONS ON THE DEVELOPMENT REPORTS?
>> I DON'T SEE ANY. OKAY. AT THIS TIME ARE THERE ANY OTHER ITEMS FROM THE COMMISSIONERS? OKAY.
IF NOT, SEEING NO OTHER
* This transcript was compiled from uncorrected Closed Captioning.