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[A. CALL TO ORDER]

[00:00:21]

>> ADAM DAUGHTREY. RALPH GONZALES.

JOHN HYAK.

>> HERE.

>> VICTOR MENDOZA.

>> HERE.

>> DAN MIKULENKA.

>> PRESENT.

>> BRIAN OLGUIN. BRAYDEN

ROBERTSON. >>

PRESENT. >> REBECCA

SPEARS. >>

PRESENT. >> WE HAVE QUORUM.

[1. ANNOUNCEMENT/REMINDERS]

>> THANK YOU, MEREDITH. SO DO WE HAVE ANY ANNOUNCEMENTS?

>> YES, GOOD EVENING, COMMISSIONERS.

SO, I'D LIKE TO INTRODUCE OUR NEW PLANNER, MANU WYNN FROM SEATTLE, WASHINGTON. I'LL LET HIM SAY A LITTLE WORD.

>> HI, EVERYONE. FROM SEATTLE, WASHINGTON. I'VE BEEN HERE FOR TWO WEEKS NOW. LOVING IT SO FAR IN TEXAS.

EVERYONE HAS BEEN VERY NICE AND WELCOMING SO FAR.

JUST REALLY HOT. BUT, YEAH, THANK YOU FOR HAVING ME.

>> WELCOME ABOARD.

>> GLAD TO HAVE YOU ON.

>> DO WE HAVE ANY CITIZENS WISHING TO SPEAK ONLY TO ITEMS NOT LISTED FOR A PUBLIC HEARING? IF YOU WISH TO SPEAK ON AN ITEM NOT LISTED FOR A PUBLIC HEARING, PLEASE COME FORWARD AT THIS TIME AND LIMIT YOUR COMMENTS TO THREE MINUTES.

[1. Robert's Rule of Order]

OKAY. SEEING NONE, NEXT WE'LL HAVE A BRIEFING TRAINING FROM OUR COMMISSIONER.

THE FLOOR IS YOURS IF YOU'RE READY, SIR.

>> FIRST OF ALL, THANK YOU, COMMISSIONERS. I LOOK FORWARD TO SERVING AS THE ASSISTANT CITY ATTORNEY OVER THE NEXT -- FOR AS LONG AS I CAN REALLY.

I THINK SOME OTHER FOLKS HAVE BEEN IN HERE BEFORE.

I'M SURE ALL OF YOU KNOW MISS LACY, WHO IS THE CITY ATTORNEY. YOU'LL QUICKLY LEARN THAT I AM NOT MISS LACY. I'VE BEEN HERE SIX MONTHS AND I'VE BEEN LEARNING EVERYTHING I CAN FROM HER AND HER OFFICE. AND SO WITH THAT SAID, I WILL KIND OF GO OVER SOME BRIEF TRAINING. I'M ALSO GOING TO KIND OF ASK CELESTE TO KINDKIND ASSIST WITH THE QUESTIONS, IF YOU ALL HAVE QUESTIONS YOU MIGHT HAVE. SO JUST A BRIEF SYNOPSIS, WHOEVER HAS READ ROBERT'S RULES AT 10:00 AT NIGHT? I HAVE NOT READ THIS WHOLE THING, BUT I DID READ ABOUT ROBERT'S RULES.

IF YOU LOOK AT -- IF YOU GO BACK, I'M SURE A LOT OF YOU HAVE WATCHED CSPAN AND SEEN KIND OF THE DIFFERENT RULES THAT THEY THEY USE, YOU KNOW, TO SPEAK, AND HAVE THEIR TURN AT SPEAKING DURING CONGRESS AND DURING SESSIONS. YOU KNOW, YOU ALWAYS THINK THAT ROBERT'S RULES KIND OF APPLY TO THAT.

WELL, QUICKLY LEARN THAT THEY DON'T, ACTUALLY THE CONSTITUTION HAS THEIR OWN SET OF RULES THAT THE SENATE AND THE HOUSE GO BY. SO, ROBERT'S RULES WERE DEVELOPED IN THE LATE 1800S BY A -- AN ARMY SERGEANT IN SAN FRANCISCO. AND SO THEY WERE DEVELOPED AND THEY SINCE HAVE BEEN REDEVELOPED OVER THE YEARS, AND TO WHAT WE HAVE TODAY.

SO, I'M JUST GOING TO GO OVER SOME OF THESE.

NOW, IF IT GIVES YOU ANY INDICATIONS OF HOW MANY ISSUES THINGS COME ACROSS, THIS IS THE COMPLETE IDIOT'S GUIDES TO "ROBERT'S RULES OF ORDER. " ORIGINAL IS ABOUT LIKE THAT.

BUT THEY'RE NOT THAT COMPLICATED.

IN THEORY, BASICALLY, THE RULES, WHAT THEY TRY TO DO AND WHAT THEY ACTUALLY DO IS THEY PROVIDE COMMON RULES AND PROCEDURES FOR DELIBERATION AND DEBATE IN ORDER TO PLACE THE WHOLE MEMBERSHIP ON THE SAME FOOTING AND SPEAKING THE SAME LANGUAGE.

SO, WHAT IT DOES, IT REALLY ENSURES THAT EVEN SOMEBODY THAT IS IN THE MINORITY VIEW OF WHATEVER MAY BE HAS A RIGHT TO SPEAK, AND EVEN THOUGH THAT -- THEIR VIEW MAY NOT BE THE FINAL VOTE, THEY ARE GOING TO HAVE THE OPPORTUNITY TO SPEAK THEIR -- SPEAK WHAT THEIR OPINION IS ON THE MATTER. BUT THE ROBERT'S RULES OF ORDER

[00:05:04]

SHOULD HELP AND NOT HINDER THE RULE OF BUSINESS. THAT'S WHAT THEY ARE, RIGHT? RULES OF ORDER, WE'RE NOT USING THEM TO THWART THE PROCEEDINGS.

SO THE TEN COMMANDMENTS OF THE PARLIAMENTARY PROCEDURE, ORGANIZATION IS PARAMOUNT TO AS OPPOSED TO THE END OF -- YOU AS A GROUP, WE'RE FOLLOWING THESE RULES IN ORDER THAT THE GROUP, THE MAJORITY RULES.

AND ALL MEMBERS ARE EQUAL. A QUORUM MUST BE PRESENT TO TAKE ACTION, WHICH YOU HAVE TONIGHT.

YOU HAVE FIVE MEMBERS. ONLY ONE MAIN PROPOSITION CAN BE ON THE FLOOR AT A TIME, ONE MOTION.

AND ONLY ONE MEMBER CAN HAVE THE FLOOR AT A TIME.

>> MAY I ASK A QUESTION?

>> SURE.

>> ON NUMBER FOUR, IF WE HAVE SEVERAL THINGS THAT WE'RE ADDRESSING AT ONE TIME, IS THAT DIFFERENT THAN WHAT YOU'RE SAYING? LIKE I IN NOTICE THAT A CITY COUNCIL ONCE, THEY RULED ON FOUR OR FIVE THINGS AT ONE TIME.

>> THEY DO HAVE A CONSENT AGENDA WHICH --

>> THAT'S DIFFERENT? >> YES.

YES. THIS IS DIFFERENT FROM THE PLANNING COMMISSION IN THAT EACH VARIANCE OR WHATEVER COMES BEFORE THE PLANNING COMMISSION IS DIFFERENT. I THINK THAT PROBABLY THE QUORUM ITSELF IS, FOR EXAMPLE, YOU HAVE NINE MEMBERS, CORRECT? IS THAT RIGHT?

>> YES.

>> SO TO HAVE A QUORUM HERE TONIGHT, YOU WOULD HAVE TO HAVE FIVE MEMBERS, WHICH YOU DO. SO, THE FIVE MEMBERS CAN TAKE A VOTE, OKAY. AND THREE VOTES, ACTUALLY WOULD BE THE MAJORITY WITH A QUORUM AND IF A MOTION -- IF A MOTION DID COME UP, IT WOULD PASS. IF THREE VOTED IN FAVOR OF IT.

>> OKAY.

>> THAT'S FINE. YOU DIDN'T REALLY ADDRESS MY QUESTION. BUT THAT'S FINE.

NO, NO, THAT'S OKAY.

>> I WILL GET MY EMAIL ADDRESS, SO FEEL FREE TO IF WE DON'T TOUCH ON ANYTHING, FEEL FREE TO EMAIL ME AND I'LL TRY TO ANSWER THAT. SO, FULL DEBATE ON ALL QUESTIONS. SO, THERE WILL BE A PERIOD OF TIME FOR DEBATE. THE ISSUES, NOT THE PERSON, IS ALWAYS UNDER DISCUSSION. AND SO WHATEVER THAT ISSUE MAY BE, WHATEVER MOTION THAT YOU'RE HEARING, A QUESTION ONCE DECIDED CANNOT COME BACK BEFORE THE SAME ASSEMBLY IN THE SAME SESSION, IN THE SAME FORUM, EXCEPT BY USE OF RECONSIDERATION.

AND MAJORITY VOTE DECIDES JUST LIKE WE JUST SPOKE.

AND SILENCE GIVES CONSENT, WHICH MEANS IF YOU -- IF YOU'RE ASKING FOR A VOICE VOTE, FOR EXAMPLE, YEA OR NAY, IF YOU'RE SILENT, THAT'S CONSENT. SO, INTRODUCTION OF BUSINESS, WHICH I THINK THIS IS SOMETHING THAT YOU ALL HAVE ALREADY EXPERIENCED, EVEN THE NEW MEMBERS, MAIN MOTION WILL COME BEFORE THE BOARD, BEFORE THE COMMISSION, I'M SORRY. MAIN MOTION IS A FORMAL PROPOSAL THAT CERTAIN ACTION BE TAKEN. AND EACH STEP FOR OBTAINING ACTION ON A MOTION MUST BE TAKEN.

STEP ONE, ADDRESSING THE CHAIR, STEP TWO, THE CHAIR RECOGNIZES THAT PERSON, AND THEN STEP THREE, MAKING THE MOTION, WHICH IS I MOVE THAT -- STEP FOUR IS SECONDING THE MOTION AND ANOTHER MEMBER SECONDS, AND THEN STATING THE MOTION. AND THE CHAIR WOULD STATE THE MOTION. AT THAT POINT IN TIME, YOU -- THE COMMISSION DEBATES THE QUESTIONS, AND CHAIR ALLOWS THE DEBATE WITH THE MAKER OF THE MOTION HAVING PRIVILEGES SPEAKING FIRST IN THE DEBATE.

STEP SEVEN, HELP PUTTING THE QUESTION, THE CHAIR TAKES A VOTE AFTER OF THE DEBATE IS COMPLETE.

AND THEN ANNOUNCING THE RESULT OF THE VOTE, CHAIR ANNOUNCES MOTION CARRIES OR MOTION FAILS.

SO, BACK TO, LET'S SEE, SO BACK TO THIS ONE.

MAKING THE MOTION AND SECONDING THE MOTION. SO, IF THERE IS NO SECOND, THERE CAN BE NO DEBATE, RIGHT? YOU DON'T HAVE ANYBODY MAKING A SECOND, SO YOU CAN'T MOVE TO THE NEXT STEP.

TO SECOND A MOTION IS TO AGREE THAT THE MOTION IS WORTHY OF DISCUSSION AND CONSIDERATION, AND IF YOU DON'T WANT TO CONSIDER IT, NOBODY SECONDS IT, RIGHT? AND A MOTION IS NOT CONSIDERED FOR LACK OF SECOND. SO, TYPES OF MOTIONS, PRETTY MUCH YOU'LL DEAL WITH MAIN

[00:10:03]

MOTIONS. THERE ARE OTHER SECONDARY MOTIONS, SUBSIDIARY AIDS AND DISPOSING OF THE MAIN MOTION.

PRIVILEGED, DOES REFER TO MAIN MOTION, MEMBERS OR THEIR ORGANIZATION. AND INCIDENTAL, WHICH MATTERS RELATING TO THE CONDUCT OF THE MEETING, RATHER THAN THE MAIN MOTION. SO MOTIONS THAT BRING A QUESTION AGAIN BEFORE THE ASSEMBLY. THAT MAY BE A MOTION AND THEN YOU -- SOMEBODY WANTS TO AMEND THAT MOTION.

SO THEN YOU'RE GOING TO MOVE TO THE AMENDMENT AND THEN EVENTUALLY COME BACK TO THE ORIGINAL MOTION.

SO WE GET TO AMENDING A MOTION. SO, A MOTION TO MODIFY THE WORDING AND WITHIN CERTAIN LIMITS, THE MEANING OF A PENDING MOTION BEFORE THE PENDING MOTION ITSELF IS ACTED UPON, A LOT OF LANGUAGE THERE, BUT AMENDING A MOTION STILL REQUIRES A MAJORITY VOTE AT ALL TIMES.

SO WOULD STILL REQUIRE WHATEVER THE QUORUM IS, MAJORITY OF THE QUORUM TO -- MAJORITY OFOF TO MAKE THAT MOTION. SO, A MEMBER CAN AMEND THEIR OWN MOTION. A MEMBER'S VOTE ON THE AMENDMENT DOES NOT OBLIGATE THEIR VOTE ON THE MAIN MOTION. AND CANNOT REJECT THE MAIN MOTION. AND AN AMENDMENT MUST BE GERMANE TO THE MAIN MOTION, MUST HAVE SOME RELEVANCE TO THE MAIN MOTION. AND REJECTION OF THE MOTION TO AMEND LEAVES THE PENDING MOTION AS ORIGINALLY PROPOSED.

AND SO IF YOU DO -- IF THE COMMISSIONER REJECTS THE AMENDMENT, THEN YOU GO BACK TO THE ORIGINAL MOTION.

AND THE ADOPTION OF THE NOT ADOPT THE TO DENY THAT MAIN MOTION AND ACCEPT THE AMENDMENT. SO VOTING RESULTS, MAJORITY VOTE, IS, OF COURSE, MORE THAN HALF OF THE VOTES CAST.

IF A VOTE ENDS IN A TIE, THE VOTE FAILS.

AND TWO- THIRDS VOTE MEANS THERE IS TWICE AS MANY VOTES IN FAVOR OF THE MOTION, THEN THERE WERE AGAINST THE MOTION. SO I THINK -- PRETTY MUCH TO SIMPLIFY THE MOTION PROCESS ITSELF IS A MEMBER MUST BE RECOGNIZED BEFOREBEFORE THE BEFORE SPEAKING.

THE MEMBER MAKES A FORMAL PROPOSAL, FOR EXAMPLE, I MOVE THAT WE WHATEVER. ADD A COFFEE BREAK TO THIS MEETING. THE SECOND, THEN SOMEONE HAS TO SECOND THE MOTION.÷÷IF SOMEONE DOESN'T SECOND IT, IT FAILS.

THE CHAIR HAS TO RESTATE THE MOTION TO THE GROUP.

THERE IS DEBATE. AND THEN THE CHAIR PUTS THE MOTION TO A VOTE AND THE RESULT IS ANNOUNCED.

AND AFTER OF THE VOTE, THE MOTION IS CONSIDERED, AND DISPOSED OF. THE AMENDMENT PROCESS IS YOU HAVE THE MAIN MOTION, BUT THEN A MEMBER MAKES A MOTION TO AMEND.

AND THEN YOU FIRST AND SECOND AND THEN THERE IS DEBATE ON THAT SECOND AMENDMENT.

THAT PROCESS YOU WOULD VOTE ON THE AMENDMENT, DEPENDING ON HOW MANY PEOPLE VOTE FOR OR AGAINST.

AND THEN IF THE AMENDMENT PASSES, THEN YOU WOULD GO BACK TO THE MAIN MOTION AND DECIDE WHAT TO DO WITH THAT, IF THE AMENDMENT IS GOING TO REPLACE THE MOTION, THEN YOU'RE PROBABLY GOING TO DENY THE MAIN MOTION.

SO, THAT IS KIND OF IT IN A NUT SHELL.

CELESTE, CAN YOU THINK OF ANYTHING?

>> NO, NO.

>> I WILL -- I DIDN'T POST MY E EMAIL ON THIS SLIDE SHOW, BUT I WILL BE HAPPY TO GET THAT TO EACH AND EVERY ONE OF YOU, FEEL FREE TO ASK ME ANY QUESTIONS ABOUT RULES OF ORDER OR ANYTHING LIKE THAT AND I'LL BE HAPPY TO GET BACK TO YOU. I'M PRETTY TIMELY.

I TRY TO GET BACK TO YOU WITHIN 24 HOURS. IF NOT, IF IT IS BEFORE A COMMISSIONER MEETING, I WILL DO IT A LOT FASTER THAN THAT. SO, BUT I APPRECIATE IT, AND I LOOKTO SERVING YOU AND

[00:15:02]

DOING MY BEST FOR YOU. THANK YOU.

[2. Variance Criteria]

>> THANK YOU.

>> OKAY. OUR NEXT TRAINING WILL COVER THE VARIANCE CRITERIA, CELESTE, THE FLOOR IS YOURS.

>> GOOD EVENING, COMMISSIONERS. I'LL GO AHEAD AND DO A QUICK OVERVIEW OF THE VARIANCE CRITERIA.

SO, THE FIRST THING IS WHAT IS A VARIANCE? IT IS THE DEVIATION FROM THE REQUIRED NORM THAT MAY BE GRANTED FOLLOWING CERTAIN PROCEDURES SPECIFIED WITHIN OUR CITY CODE. WHEN SHOULD THE COMMISSION RECOMMEND APPROVAL OF THE VARIANCE? WHEN THEY FIND IT UNNECESSARY AND AN EXTRAORDINARY HARDSHIP WOULD RESULT FROM A STRICT ADHERENCE TO THE ORDINANCE AND THE PURPOSE OF THE ORDINANCE MAY BE SERVED TO A GREATER EXTENT BY AN ALTERNATIVE PROPOSAL.

THEY CAN ALSO RECOMMEND APPROVAL IF THE VARIANCE IS SO THAT -- SUBSTANTIAL JUSTICE MAY BE DONE AND THE PUBLIC'S INTEREST IS SECURED, PROVIDED THE VARIANCE SHALL NOT HAVE THE EFFECT OF VIOLATING THE INTENT OR PURPOSES OF THAT ORDINANCE. SO BEFORE THE COMMISSION SHOULD RECOMMEND TO COUNCIL THE APPROVAL, THEY SHOULD MAKE SURE THAT THE VARIANCE MEETS THE FOLLOWING CRITERIA.

SO, BEFORE GRANTING THE VARIANCE WILL NOT BE DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH OR WELFARE OR BE INJURIOUS TO THE SURROUNDING PROPERTIES. IF THE VARIANCE IS GRANTED, IT SHOULD NOT BE BASED ON THE HARDSHIP WHICH IS SELF-IMPOSED. THE HARDSHIP CANNOT BE SOLELY FOR THE COST OF COMPLYING WITH THE REQUIREMENTS. THE GRANTING WILL NOT HAVE AN EFFECT ON PREVENTING THE ORDERLY DEVELOPMENT OF OTHER LAND IN THE AREA.

AND THEN THE FINAL CRITERIA IS THERE ARE SPECIAL OR UNIQUE CIRCUMSTANCES OR CONDITIONS AFFECTING THE LAND INVOLVED, SUCH AS STRICT APPLICATIONS OF THE REQUIREMENTS WOULD DEPRIVE THAT APPLICANT FROM REASONABLE USE OF THEIR LAND.

>> I HAVE A QUESTION.

>> YES, SIR.

>> DO ALL FIVE OF THOSE HAVE TO BE MET?

>> WE WOULD WANT THEM ALL TO BE MET, BUT AT LEAST MAJORITY WOULD NEED TO BE MET BEFORE.

>> JUST A MAJORITY.

>> YES.

>> SO YOU'RE CLEARLY TELLING ME NOT ALL FIVE

OF THOSE. >> YES, IF YOU'RE RECOMMENDING APPROVAL.

>> OKAY.

>> SO WHEN THE PLANNING COMMISSION IS RECOMMENDING APPROVAL, CAN THEY DO CONDITIONS? THE ANSWER TO THAT IS YES.

YOU AS THE COMMISSION CAN CONDITION AN APPROVAL ON A VARIANCE THAT YOU ARE WILLING TO APPROVE.

SO LONG AS THAT IT IS MEETING THE STANDARDS OF THE ORDINANCE.

>> I HAVE A QUESTION.

>> YES.

>> IF WE WERE TO DO THAT, WOULD THAT BE ROLLED INTO THE DEED OR THE PLAT OR SOMETHING?

>> SO, NO, THE VARIANCES ARE USUALLY BY ORDINANCE ONCE APPROVED BY CITY COUNCIL. SO, IN YOUR RECOMMENDATION WE THEN TAKE YOUR RECOMMENDATION TO CITY COUNCIL. COUNCIL WILL THEN GIVE US A RESOLUTION NUMBER THAT IS ATTACHED TO THAT VARIANCE.

DEPENDING ON WE USUALLY ATTACH THE VARIANCE EITHER TO THE BUSINESS SPECIFICALLY OR YOU CAN ATTACH THE CONDITIONS SPECIFICALLY TO THE LAND ITSELF.

SO, IT IS CIRCUMVENTED WITH THAT RESOLUTION NUMBER IF COUNCIL ACCEPTS YOUR RECOMMENDATION.

ANY OTHER QUESTIONS FOR ME?

[1. Variance Request for General Standards for All Accessory Uses for Sing...]

>> ALL RIGHT.

>> OKAY, MOVING ON. OUR FIRST ITEM IS A VARIANCE REQUEST FOR GENERAL STANDARDS FOR ALL ACCESSORY USES FOR A SINGLE FAMILY RESIDENTIAL LOT.

MAY WE HAVE THE STAFF REPORT, PLEASE?

>> GOOD EVENING, COMMISSIONERS. THE SUBJECT PROPERTY IS LOCATED AT 601 BINGHAM ROAD AND IS APPROXIMATELY 1. 04 ACRE TRACT OF LAND.

THE PROPERTY IS PLOTTED AND HAS BEEN DEVELOPED AS A SINGLE FAMILY RESIDENTIAL STRUCTURE.

THEY ARE PROPOSING TO BUILD A 4,000 SQUARE FOOT ACCESSORY BUILDING THAT IS 21 FEET, 9 INCHES IN HEIGHT. THE PRIMARY STRUCTURE ON THE PROPERTY IS APPROXIMATELY 3500 SQUARE FEET AND IS ESTIMATED TO BE 22 FEET IN HEIGHT AT THE HIGHEST POINT.

THEREFORE THE ACCESSORY BUILDING IS ROUGHLY 500 SQUARE FEET THAN THE PRIMARY STRUCTURE AND POTENTIALLY TALLER THAN THE PRIMARY STRUCTURE.

THE OWNER PURCHASED THE PROPERTY IN APRIL OF 2025 TO DOWNSIDE FROM HIS CURRENT RESIDENCE BUT HAS STORAGE NEEDS.

THE BUILDING PLANS DEPICT AN ADDITIONAL DRIVEWAY ADDED TO THE SUBJECT PROPERTY THAT LEADS DIRECTLY TO THE ACCESSORY STRUCTURE. THE PROPOSED ADDITIONAL DRIVEWAY COMPLIES WITH ALL APPLICABLE CODES IN THE UNIFIED DEVELOPED ORDINANCE FOR AN ADDITIONAL

[00:20:01]

DRIVEWAY. THE BUILDING PLANS ARE REQUIRED TO APPLY WITH ALL APPLICABLE CODES IN THE 2021 INTERNATIONAL RESIDENTIAL CODE. APPROVAL OF THE BUILDING PLANS DEPENDS ON THE APPROVAL OF THIS VARIANCE. THE GRANTING OF THIS VARIANCE WOULD ALLOW THE PROPERTY OWNER TO HAVE THE STRUCTURE THAT EXCEEDS THE SQUARE FOOTAGE AND HEIGHT OF THE PRINCIPLE STRUCTURE. STAFF RECOMMENDS TO ALLOW THE CONSTRUCTION OF ACCESSORY STRUCTURE THAT EXCEEDS THE OVERALL SIZE OF THE PRIMARY STRUCTURE.

THE PURPOSE OF THE REGULATIONS FOR THE ACCESSORY STRUCTURE IS TO PREVENT COMMERCIAL ACTIVITY THAT DEGRADES RESIDENTIAL NEIGHBORHOODS, LARGE ACCESSORY STRUCTURES ARE OFTEN REQUESTED OR USED FOR ILLEGAL COMMERCIAL ACTIVITY. THE REGULATIONS ARE INTENDED TO PROMOTE RESIDENTIAL USE BECAUSE THE PRIMARY RESIDENTIAL STRUCTURE SHOULD BE LARGER THAN THE PRIMARY BUILDING ON THE LOT.

>> THANK YOU.

OKAY. WE WILL NOW OPEN THE PUBLIC HEARING. YOU WISH TO SPEAK ON THIS ITEM, PLEASE COME FORWARD AT THIS TIME. AND LIMIT YOUR COMMENTS TO THREE MINUTES.

>> I'M WILL WAGNER. IT IS MY FUTURE HOME.

AND I'M TRYING TO GET OUT OF A MULTIPLE LEVEL HOME WITH STAIRS BECAUSE I WON'T BE ABLE TO GO UP THEM IN THE FUTURE. IT IS MY INTENT AND I'M ESSENTIALLY TRYING TO RE- CREATE WHAT I HAVE, WHERE I LIVE, CURRENTLY EXCEPT FOR STAIRS.

AND BASICALLY IT IS HOW I PLAN TO FINISH OUT MY DAYS, AND I LOOKED FOR PROPERTY IN DOWNTOWN, WHICH IS WHERE I LIVE NOW. AND THERE IS NOT -- THERE WASN'T ACREAGE TO DO WHAT I HOPED TO DO. SO, THIS PLACE CAME AVAILABLE.

AND IT IS ON AN ACRE OF LAND. AND THE MAIN HOUSE IS ON THE FIRST THIRD OF THAT PROPERTY.

AND SO I ASSUMED WHEN I PURCHASED THE HOUSE THAT I WOULD HAVE A -- THAT BACKYARD OF TWO-THIRDS OF AN ACRE TO DO WHAT I HAVE DOWNTOWN ALREADY, ON TWO LOTS. AND THAT'S MY INTENT.

MY HOBBY IS OLD CARS. AND THAT'S WHY I HAVE THOSE SPACES. I HAD THAT NUMBER OF SPACES DOWNTOWN. AND THAT'S ALL I'M TRYING TO DO IS RE- CREATE MY SITUATION.

>> I WOULD LIKE TO ASK A QUESTION.

WHAT COULD HE DO TO NOT EVEN BE HERE SINCE WE HAVE -- WHAT IS THE MINIMUM -- HAS TO DROP IT 500 SQUARE FOOT?

>> YEAH, JUST --

>> ANY TYPE? 500 SQUARE FOOT.

HE HAS TO DROP IT?

>> YES, SIR.

>> THEN HE WOULDN'T BE WITH US

TODAY. >> CAN'T BE TALLER AND BIGGER IN SQUARE FOOTAGE THAN THE PRIMARY STRUCTURE.

>> MAY I ASK A QUESTION? DO YOUR NEIGHBORS KNOW ABOUT THIS?

>> PARDON ME?

>> DO YOUR NEIGHBORS KNOW ABOUT THIS?

>> YES, ALL NEIGHBORS IN A 200 FOOT BUFFER WERE SENT NOTIFICATION OF THE VARIANCE REQUEST.

>> HAS THERE BEEN ANY OBJECTION?

>> WE HAVE NOT RECEIVED ANY CALLS.

>> THERE IS SOMEBODY BACK THERE.

>> I'M A NEIGHBOR AND I JUST CAME TO SEE -- WHAT WAS GOING ON.

DON'T HAVE ANY OBJECTION. JUST LIVE DIRECTLY BEHIND THE

PROPERTY. >> YES, HE DOES.

WE HAVE MET AND WE TALKED. HE CAME OVER AND SHOOK MY HAND WHEN I FIRST MOVED IN. AND I PUT UP A SIX- FOOT FENCE AND HE CAN'T SEE OVER AND I CAN'T SEE HIM ANYMORE.

BUT THAT WASN'T MY INTENT, AND I'M SORRY THAT I'M NOT SEEING HIM.

>> YOU'RE CERTAINLY NOT THE ONLY PERSON IN THE NEIGHBORHOOD WITH A MIDDLE BUILDING.

THERE IS A MESS OF THEM OUT THERE. AND YOU'RE NOT GOING TO HAVE THE BIGGEST ONE EITHER. SO, IS THERE A POSSIBILITY

[00:25:01]

OF REDUCING THE SIZE OF THE BUILDING BY 500 FEET?

>> COMMISSIONERS, LET'S SEE IF WE HAVE ANY OTHER CITIZENS COMMUNICATION, WE CAN THEN CLOSE THE PUBLIC HEARING AND THEN WE CAN BRING THE OWNER BACK UP FOR QUESTIONS.

>> THANK YOU. DO WE HAVE ANY OTHER PERSONS WANTING TO SPEAK?

>> I HAVE A QUESTION.

>> CAN YOU INTRODUCE YOURSELF?

>> IS THERE A REASON FOR THIS OR IS THIS A CITY -- JUST A -- I MEAN, WAS THERE A COMPLAINT?

>> EXCUSE ME, SIR. COULD WE HAVE YOUR NAME AND ADDRESS, PLEASE? JUST FOR THE RECORD?

>> MY NAME IS JAMES REHACK, I LIVE AT 502 CANON ROAD, DIRECTLY BEHIND HIM.

IS THIS JUST FROM SOMEBODY'SSOMEBODY'S THOUGHT OR HOW DID IT EVEN COME ABOUT FOR A VARIANCE?

>> SO, THEY HAVE TO SUBMIT BUILDING PLANS TO OUR OFFICE FOR A PERMIT. SO WHEN THE PLANS WERE SUBMITTED TO THE OFFICE, IT WAS SHOWN THAT THE SIZE IS OVER THE PRIMARY STRUCTURE SIZE, WHICH IS AGAINST THE UNIFIED DEVELOPMENT ORDINANCE.

AND SO IN ORDER TO GET APPROVAL OF THOSE BUILDING PLANS, HE HAS TO GET APPROVAL OF THIS VARIANCE.

>> OKAY. I WAS CURIOUS IF THERE WAS A COMPLAINT. I HAVE A -- I'M LIVING AT MY PARENTS HOUSE NOW, MY DAD RECENTLY DIED, SO I'M THERE TAKING CARE OF MY MOTHER IN A WHEELCHAIR. SO, BUT I HAVE A SHOP AT MY HOUSE THE SAME -- NOT THE SAME SIZE OR ANYTHING, BUT FOR MY OWN

USE. >> YEAH, IT IS NOT FOR THE BUILDING MATERIAL, IT IS STRICTLY FOR THE SIZE THAT WAS BEING SUBMITTED.

THE SIZE AND HEIGHT.

>> I WAS CURIOUS BECAUSE THE TAX ASSESSOR CAME TO MY HOUSE BEFORE I EVEN HAD MY BUILDING UP AND WAS JUST CHECKING ON IT AND WE DON'T EVEN LIVE IN THE CITY. SO I WAS, LIKE, WELL, HOW DID IT COME ABOUT THERE WAS A PROBLEM?

>> YES, THIS ONE BEING IN THE CITY LIMITS REQUIRES A BUILDING PERMIT FOR THE SIZE.

>> JUST CURIOUS. THANK YOU.

>> YEAH. ANYBODY ELSE FROM THE PUBLIC? OKAY. NAME AND ADDRESS, SIR.

>> MY NAME IS WILL POPE, I'M THE CONTRACTOR. SO I GUESS SOME OF THIS IS MY FAULT BECAUSE I DIDN'T REALIZE THIS ORDINANCE, YOU KNOW, SO WE MET AT HIS PLACE AND HE TOLD ME EVERYTHING THAT HE WANTED FOR THE SHOP, FOR HIS CARS AND ALL THIS STUFF.

WE LAID IT OUT. WE LAID OUT THE CERTAIN BAYS BASED ON WHAT HE HAS, YOU KNOW.

AND I LAID IT OUT AS SUCH AS WHAT HE NEEDED.

SO, WHILE WE'RE GOING THROUGH THE PERMITTING PROCESS, I WENT AHEAD AND I ORDERED THE BUILDING, SO WE ACTUALLY HAVE THE BUILDING IN OUR SHOP AND DELIVERED TWO DAYS AGO OR SOMETHING LIKE THAT.

SO EVERYTHING IS PREFAB, READY TO BE PUT TOGETHER, YOU KNOW, ALL BOLT UP AND EVERYTHING.

SO YOU ASKED THE QUESTION, I BELIEVE, CAN IT BE REDUCED IN SIZE AND I MEAN, I GUESS IT COULD, LIKE I SAID IT IS ALREADY PREDONE, SO WE WOULD HAVE TO CUT, DRILL HOLES AND DO A BUNCH OF THINGS THAT WILL BE KIND OF -- I DON'T KNOW WHAT ALL THAT WOULD ENTAIL AS FAR AS ENGINEERING AND WHAT NOT, PROBABLY NOT THAT BIG OF A DEAL, BUT IT COULD BE, BUT THEN I DON'T KNOW HOW THAT WOULD AFFECT HIM AS FAR AS HIS DOOR SPACING AND SPACING TOTO HIS STUFF IN, YOU KNOW WHAT I MEAN. SO, YEAH, AND WE LOOKED AT -- SOMEBODY WENT AND MEASURED THE HEIGHT OF THE HOUSE, THE HOUSE IS AROUND 22- ISH AND IF YOU FIGURE THE RIDGE, WITH THE BUILDING, IT WOULD BE A LITTLE BIT LIKE WITHIN INCHES LESS. SO THEY'RE GOING TO BE -- THEY'RE GOING TO PLAIN OUT AT THE SAME.

I DON'T KNOW. IF WE SET THE HEIGHT OF THE SLAB THE SAME, WHICH IS WHAT WE WOULD DO, THEN THE ROOFS WOULD BE THE SAME. SO, LIKE I SAID, IT COULD POTENTIALLY BE REDUCED IN SIZE, IT IS GOING TO A LOT OF CUTTING AND DRILLING, BUNCH OF HOLES AND DOING THAT KIND OF STUFF TO DO IT AND MAY MESS WITH HIS LAYOUT, BUT, YOU KNOW, I JUST WANT TO PUT IT OUT THERE THAT REALLY IT IS÷÷IS FAULT, I DIDN'T REALIZE THIS AND WE DIDN'T REALIZE IT UNTIL WE GOT WITH CELESTE AND SHE TOLD US ABOUT THE SIZE REQUIREMENT.

THAT'S ALL I GOT, SO --

>> ANY OTHER COMMENTS FROM THE PUBLIC? IF NOT, I'LL GO AHEAD AND CLOSE THE PUBLIC HEARING. NOW WE CAN ASK QUESTIONS.

>> THANK YOU. CELESTE, IS THIS SOMETHING NEW IN THE UDO?

>> YES, WITH UDO, IT CAME ABOUT WITH THE NEW GENERAL ACCESSORY STRUCTURE REQUIREMENTS.

AND SO THIS IS A FAIRLY NEW REQUIREMENT AS OF LAST YEAR.

[00:30:06]

>> SO THAT'S UNDERSTANDABLE HE WOULDN'T HAVE KNOWN ABOUT IT.

>> CORRECT.

>> UNFORTUNATE.

>> I DON'T NECESSARILY AGREE WITH THAT.

HE'S THE CONTRACTOR, HE SHOULD KNOW.

THAT'S JUST MY OPINION.

>> WELL, I --

>> WAIT. WAIT, WAIT.

WE'RE DONE WITH PUBLIC COMMENT. YOU CAN'T GO WITH THAT ANYMORE.

>> MY CONCERN HERE IS JUST I THINK WHAT THEY LAID OUT HERE IS FINE, IT IS VERY COMMERCIAL BUILDING AND HAVING SOME EXPERIENCE WITH IT, MY CONCERN WOULD BE ALSO, YOU KNOW, FIVE, TEN, 15 YEARS DOWN THE LINE, IF THIS IS SOLD, WHAT SOMEBODY COULD POTENTIALLY TURN THIS INTO A VERY COMMERCIAL PROPERTY.

IT IS BUILT AS SUCH. MY CONCERN WOULD BE THE FUTURE AS WELL, IF SOMEBODY COULD BUY THAT -- I'M GOING TO PUT MY MECHANIC SHOP THERE, SO THAT WOULD BE A CONCERN OF MINE FOR THE FUTURE.

I HAVE ALL THE INTENTIONS THAT YOU WOULD BE DOING SOMETHING GREAT WITH THIS PROPERTY NOW, STORAGE, BUT MY CONCERN WOULD BE THE FUTURE AND I THINK THAT'S WHAT THIS PREVENTS FROM HAPPENING.

>> GO AHEAD, DAN, IF YOU WANT. CAN WE TIE SOME SORT OF RESOLUTION TO THIS? THAT WAS MY POINT EARLIER. LIKE SAYING NO COMMERCIAL USE OF THIS BUILDING?

>> SO, WITH THIS ONE, BASICALLY IT IS THE BUILDING ITSELF. IF SOMEBODY WERE TO BUY IT, IT IS GOING TO END UP IN -- SOMEBODY IN THE FUTURE TRIED TO CHANGE THE BUILDING USE, IT WOULD MORE THAN LIKELY BE A CODE ENFORCEMENT ISSUE.

ESSENTIALLY THE PROPERTY IS A SINGLE FAMILY RESIDENTIAL.

WE DON'T DO ANY INSPECTIONS ON WHEN A HOME IS SOLD AND SOMEBODY ELSE MOVES IN. SO, IF SOMEBODY WERE TO DO SOMETHING WITH THE BUILDING AFTER THE FACT, THAT WOULD BE A COMPLAINT DRIVEN WHICH WOULD THEN BE A CODE ENFORCEMENT ISSUE.

>> I HAVE A QUESTION TO CELESTE. CELESTE, THE LETTERS THAT WERE SENT OUT TO THE NEIGHBORS, WAS THAT CERTIFIED, WILL WE KNOW THEY GOT IT? IT SOUNDS LIKE -- I JUST -- WHAT IS THE -- WHAT IS THE --

>> SO THE CODE ONLY REQUIRES THAT YOU DO STANDARD FIRST CLASS MAIL, SO NOT CERTIFIED.

SO WE DO REGULAR STANDARD MAIL AND POST IN THE NEWSPAPER.

>> OKAY.

>> IS WHAT --

>> IT WAS POSTED IN THE PAPER?

>> I'M SORRY?

>> YOU SAY POST IN THE PAPER.

>> WE DO A LEGAL NOTICE IN THE PAPER THAT WENT OUT IN THE FIRST FRIDAY OF OCTOBER, OCTOBER 3RD, POSTED IN THE

ADVOCATE. >> IT WAS IN THE ADVOCATE?

>> YES.

>> THANK YOU FOR LETTING ME KNOW THAT.

>> YOU'RE WELCOME.

>> ANY FURTHER DISCUSSION?

>> NO FURTHER.

>> WELL, I'LL MAKE A COMMENT, BEING A MECHANICAL ENGINEER, I'M QUICKLY GOING THROUGH MY HEAD WHAT I COULD DO TO THE BUILDING TO GET YOU 500 FEET OFF OF IT AND CALL IT SOMETHING ELSE, YOU KNOW.

PICNIC AREA OR WHATEVER, JUST SHAVE THAT PORTION OFF AND I REALIZE ALL THE WORK THAT WOULD GO INTO THAT. BUT THAT'S JUST ME TALKING OUT LOUD. SO DO WE HAVE A MOTION TO --

>> I'D LIKE TO MAKE A MOTION.

>> YES, SIR.

>> I'D LIKE TO MAKE A MOTION APPROVING THE VARIANCE.

>> TO APPROVE THE VARIANCE.

>> YES.

>> OKAY.

>> OKAY. ALL IN FAVOR?

>> YOU NEED A SECOND.

>> I'M SORRY, YES. SORRY.

>> WE NEED A SECOND.

>> THERE BEING NO SECOND --

>> SO THAT MOTION HAS BEEN CONSIDERED TO FAIL.

YOU WOULD ASK IF ANYBODY ELSE HAS ANOTHER MOTION.

>> ANY OTHER MOTIONS?

>> THERE IS NONE. SO, LET SEE IF THE STAFF HAS PRESENTED TO DENY .

>> SO IF WE DON'T GET A MOTION TO DENY OR APPROVE, YOU CAN MAKE A MOTION TO TABLE AND DISCUSS IT AT ANOTHER ONE OR YOU CAN TABLE IT AND SEND IT BACK TO STAFF TO TRY TO WORK WITH THE CONTRACTOR TO SEE IF SOMETHING CAN BE RESOLVED AS FAR AS NOT NEEDING A VARIANCE.

>> I'D LIKE THAT SECOND ONE, IF MAYBE STAFF COULD LOOK AT

[00:35:01]

IT, RE-EVALUATE IT SOMEHOW.

>> SO THEN YOU WOULD NEED TO MAKE A MOTION TO TABLE IT AND THEN WE WOULD NEED A SECOND TO TABLE IT.

>> I'LL MAKE A MOTION TO TABLE IT.

>> SECOND.

>> YOU SECOND? OKAY, WE HAVE A FIRST AND SECOND. NOW GO AHEAD AND MAKE THE MOTION.

>> MAKE A MOTION THAT -- I GUESS MAKE A MOTION TO TABLE IT AND ASK STAFF TO RE- EVALUATE IT.

>> THAT WOULD BE THE MOTION, RIGHT? TO RE- EVALUATE --

>> YES, AND SO WE HAD MISS SPEARS SECOND THE MOTION.

>> YES. SPEARS SECONDED THE MOTION.

SO ALL IN FAVOR?

>> AYE.

>> AYE.

>> AYE.

>> AYE.

>> AYE. SO YOU GET THAT? I VOTED AYE. RAISE YOUR HAND, SO YOU MAKE SURE YOU GET THE RIGHT COUNT. SO THE MOTION --

>> YOU'LL ASK IF ANYBODY OPPOSES THE MOTION?

>> ANYBODY OPPOSE THE RECOMMENDATION?

>> DID WE GET EVERYBODY TO VOTE? OKAY.

>> SILENCE IS CONSENT. SILENCE IS

CONSENT. >> MR. BROWN, YOU'RE ABSTAINING? OR YOU VOTED?

>> SILENT IS CONSENT.

>> HE GAVE CONSENT.

>> OKAY.

>> IS THAT NOT CORRECT?

>> OKAY. MOTION PASSED. RIGHT? AND THE MOTION BEING THAT STAFF WILL WORK WITH MR. -- THE CONTRACTOR AND SEE WHAT THEY CAN FIGURE OUT OR TO GET HIM BACK UNDER THE CODE. CORRECT? OKAY. THANK YOU.

[E. Consent Agenda:]

NOW, THERE IS ONE ITEM ON THE CONSENT AGENDA, THE MINUTES OF THE SEPTEMBER 18TH, 2025 MEETING.

I'LL ASK FOR A MOTION.

>> I'LL GO AHEAD AND MAKE THE MOTION TO APPROVE.

>> TO APPROVE THE CONSENT AGENDA.

>> DO I HAVE A SECOND?

>> SECOND.

>> PLEASE -- COMMISSIONERS, I NEED YOU ALL TO SPEAK INTO THE MIC. WE JUST CAN'T HAVE THE NOD.

SO THAT WAY MEREDITH CAN ACTUALLY GET THE VOTES.

AND WHO IS MAKING THE MOTION.

>> OKAY. WE HAVE A FIRST AND SECOND.

ALL THOSE IN FAVOR.

>> AYE. >> AYE.

>> AYE. AYE.

>> THOSE OPPOSED. MOTION PASSES.

[F. Other Business:]

NOW, MAY WE HAVE THE MONTHLY DEVELOPMENT REPORT, PLEASE?

>> SEPTEMBER 2025, WE HAD A TOTAL OF 1 81 BUILDING PERMITS APPLIED FOR, LESS THAN LAST YEAR.

WE HAD 149 MVP PERMITS, MORE THAN LAST YEAR, AND PERMIT FEES COLLECTED, $43,065, LESS THAN LAST YEAR AS WELL.

SEPTEMBER 2025, TWO MINOR PLATS SUBMITTED, ONE MAJOR PLAT, ONE SITE PLAN AND ONE SIDE MODIFICATION PLAN SUBMITTED.

>> THANK YOU.

>> ARE THERE ANY ITEMS FROM THE COMMISSIONERS FOR DISCUSSION?

>> SEE NOTHING OTHER BUSINESS, I WILL ADJOURN THE MEETING AT 5:53.

* This transcript was compiled from uncorrected Closed Captioning.