[00:00:01]
[DECLARATION OF A QUORUM AND CALL TO ORDER]
THE MEETING TO ORDER AT 12:03 PM ON TUESDAY, MAY 4TH, 2021.UM, JUST A QUICK NOTE SINCE WE'RE MEETING FOR THE FIRST TIME AND THERE'S A COUPLE OF NEW FACES.
IF EVERYBODY WANTS TO REDUCE THEM SYMBOLS, WE'LL DO THAT FIRST.
LET'S START WITH, OH, I'M JANIE SPORTS SHAW, AND I WORKED FOR THE CREDIT UNION AND I'M TERRY ROBERTS, UH, WORK AT DIAL MANAGER AT PEACH STREET.
I'M MARRYING GOLF AND I'M I'M UH, I'M A DIEHARD UNCLE, TONY AND VINEGAR FOR EVER BEEN IN THIS POSITION SINCE PROBABLY A GOOD 10 OR 12 YEARS AGO.
INTRODUCE YOURSELVES OUT THERE.
CAUSE SOME OF THESE PEOPLE MIGHT NOT HAVE MET.
I'M WELL, REESE, I'M THE DEVELOPMENT SERVICES DIRECTOR.
UM, THAT'S LINDSAY, CASCA JAMIE OVER THERE AND SHE'S THE ASSISTANT DIRECTOR AND I GOT MUCH CLOSER TO PRONOUNCING HER NAME THAN ANY OTHER TIME.
YEAH, IT WAS GREAT FOR NANCY CHORUS.
HE'S OUR CHIEF BUILDING INSPECTOR.
CHRIS WHITAKER IS THE CITY MANAGER.
IS THAT OUR IT DIRECTOR? WELL GOOD.
WE, UM, UH, OBVIOUSLY KNOW THAT THIS HAS BEEN AN ISSUE, SO LET'S MOVE.
THIS IS GOING TO BE CUT AND DRY AND REALLY QUICK.
UM, WE DO HAVE A QUORUM, SO WE'RE, WE'RE IN GOOD SHAPE TODAY.
[APPROVAL OF MINUTES]
TO APPROVE THE MINUTES FROM LAST MONTH IF YOU EVERYBODY READ THEM OR LAST EXCEPT THE MEETING.YOU OKAY WITH THAT? MISS THIS MADAM CHAIRMAN ONE, ONE NOTE.
UM, WE DID RECEIVE ANY MAIL THAT ONE OF THE NAMES HAVE BEEN SPELLED WRONG.
SO I DON'T THINK THAT NECESSARILY GOT CORRECTED IN, IN THE PACKET, BUT WE WILL CORRECT IT.
LET ME PUT MY GLASSES ON SO I CAN SEE SOMETHING.
UH, SOMEBODY HAS DONE A TREMENDOUS AMOUNT OF WORK FOR US AND WE APPRECIATE IT.
UM, UM, SINCE BELINDA'S NOT HERE AND SHE'S BEEN HERE FOR FOR FEW YEARS, THIS IS THE FIRST TIME THAT WE HAVE EVER RECEIVED A FULL AND PACKET, UH, PRIOR TO A MEETING.
AND IT REALLY, A LOT OF WORK WENT INTO IT AND I APPRECIATE IT, ESPECIALLY, UM, WE'RE
[PUBLIC HEARINGS AND ACTION ITEMS]
HERE TO DISCUSS THE, UM, THREE BUILDINGS THAT HAD BEEN ADDED ONTO, UH, 1400 HENDERSON ROAD THAT WERE, UM, BUILT SOMETIME AGO AND WERE BUILT IN A WAY THAT THEY ARE NOT IN ALIGNMENT WITH CODE.SO LET'S GET TO THAT PART OF IT NOW AND GET IT OUT OF THE WAY.
WE KNOW THAT THERE ARE 25 FEET.
DO WE KNOW THAT THEY'RE 25 FEET APART? THEY'RE NOT, ARE THEY OKAY? MADAM CHAIRMAN, YOU NEED TO OPEN THE PUMP.
I DON'T HAVE THEM SET UP IN FRONT OF ME.
I AM GOING TO OPEN A PUBLIC HEARING ON THE PROPERTY AT 1400 HENDERSON ROAD.
UH, THE THREE APARTMENT BUILDINGS IN QUESTION.
IS THERE ANYBODY TO SPEAK BESIDE HIM? OKAY, WELL I'M HERE TO SPEAK.
UM, LINDSAY, IF YOU COULD JUST GO TO THE, THE EXHIBIT THAT HAS THE PINK COLORED LINE ON IT, THIS IS REALLY EASY TO EXPLAIN.
WE HAVE THE APPLICATION GO BACK LINDSEY.
IT'S LIKE THE FIRST EXHIBIT AFTERWARDS RENTING SEPARATE ONE.
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I DON'T SEE ONE WITH THE PINK LINE.IS THERE WE JUST, I JUST NEED TO SHRINK IT DOWN.
AND YOU'VE GOT IT ON YOUR SCREENS UP THERE, BUT YOU CAN WATCH ME POINT TO STUFF.
I MEAN THE MFR 29 ZONING DISTRICT, WHICH IS THE 29 IS THE MAXIMUM DENSITY DWELLING UNITS PER ACRE.
AND IN THAT SECTION, THERE IS A PART OF IT THAT SAYS THAT THE SIDE AND REAR YARD SETBACKS CAN BE 15 FEET, UNLESS IT'S A TWO-STORY BUILDING.
AND IT'S ADJACENT TO WHAT IT SAYS IS SINGLE FAMILY DUPLEX.
AND THERE'S A COUPLE OTHERS THERE, DISTRICTS, WHATEVER THAT IS, AS OPPOSED TO ME.
UM, AS YOU CAN SEE FROM THE EXHIBIT, THIS AREA RIGHT HERE IS A PARK, BUT IT'S IN THE SF 7.2 ZONING DISTRICT, WHICH IS A SINGLE FAMILY, RESIDENTIAL ZONING DISTRICT, THE BUILDINGS, THESE THREE BUILDINGS.
THESE TWO WERE BUILT AT A 15 FOOT SETBACK FROM THE PROPERTY LINE, WHICH WAS FINE, EXCEPT THERE ARE TWO STORY BUILDINGS.
UH, THIS PINK LINE REPRESENTS WHERE THE 15, WHERE THE 50 FOOT SETBACK WOULD BE FOR A TWO STORY BUILDING.
IF YOU CONSIDER THIS TO BE MEETING THE SINGLE FAMILY, WHEN IT'S A SINGLE FAMILY DISTRICT, UM, I CAN MAKE AN ARGUMENT.
YOU KNOW, THAT'S NOT NECESSARILY HOW YOU WOULD MIGHT WANT TO APPLY THAT, BUT IN THIS CASE, THE PROPERTY OWNER IS TRYING TO SELL THE PROPERTY, THE POTENTIAL BUYERS, OBVIOUSLY THE, THEIR LENDING INSTITUTIONS WANT SOME SORT OF ASSURANCE THAT IF SOMETHING HAPPENS, THESE BUILDINGS CAN BE BUILT BACK WHERE THEY'RE AT, IF THEY'RE DESTROYED OR WHATEVER PROBLEM IS THAT WE CAN'T WRITE THAT LETTER BECAUSE TECHNICALLY THEY DON'T MEET THE 50 FOOT SETBACK.
AND THERE'S ALSO A REQUIREMENT THAT THE BUILDINGS HAVE TO BE 25 FEET APART.
AND THIS BUILDING IS NOT 25 FEET FROM THIS BUILDING OR THE, AND THIS BUILDING IS NOT 25 FEET FROM THIS BUILDING.
AND THIS BUILDING IS NOT 25 FEET FROM THIS BUILDING.
SO, UH, PARKING IS, EVEN THOUGH I ADVERTISE THIS WITH A PARKING VARIANCE, WE KNOW THAT THE PARKING IS OKAY.
THEY, THE REST OF THE PROPERTY WAS CONSTRUCTED IN THE 1970S AS NEAR AS I CAN TELL THE CITY DIDN'T ADOPT A ZONING ORDINANCE UNTIL 19 YEAH.
SO THAT PROPERTY WOULD BE CONSIDERED NON-CONFORMING AND THIS DOESN'T AFFECT THE REST OF THAT PROPERTY AT ALL.
UM, SO BASICALLY WHAT WE'RE DOING HERE IS, UM, PROCESSING TWO VARIANCES TO TWO REQUIREMENTS AND THE ZONING ORDINANCE FOR A PIECE OF PROPERTY THAT, UH, HAD PERMITS ISSUED IN 2018 AND 2018 OR 2019.
AND THEN CERTIFICATES OF OCCUPANCY FOR THOSE TWO BUILDINGS WERE ISSUED IN 2012.
SO IT'S, THERE'S NOT MUCH THEY CAN DO TO RESOLVE THIS, THIS ISSUE OF A 50 FOOT SETBACK OR THE TWENTY-FIVE FOOT BUILDING SEPARATION.
I COULD SPECULATE THAT THE STAFF AT THE TIME READ THAT 50 FOOT REQUIREMENT IS MEANING FROM DISTRICT MEANING USE AS OPPOSED TO A ZONING DISTRICT, BECAUSE IT DOESN'T SPECIFICALLY SAY ZONING DISTRICT.
UM, OBVIOUSLY THE PARK IS NOT A, NOT A RESIDENTIAL USE.
SO 15 FEET WOULD BE OKAY ON BOTH THOSE ON BOTH THE SIDE AND THE REAR.
UM, AND AS FOR THE 25 FOOT SEPARATION, WHAT PROBABLY HAPPENED THERE IS THAT, UM, FIRE CODE REQUIREMENTS WOULD, WOULD COME INTO PLAY.
YOU HAVE, UH, A 10 FOOT SEPARATION.
YOU HAVE TO HAVE BETWEEN BUILDINGS IN ORDER TO MEET FIRE CODE REQUIREMENTS.
AND THEN, AND IF YOU HAVE OPENINGS AND THEN ANY ADDITIONAL FIRE ITEMS, YOU KNOW, DRYWALL, WHATEVER THAT YOU HAVE TO DO IN ORDER TO BE ALLOWED TO HAVE YOUR BUILDING WITH YOUR OPENINGS, BE 10 FEET, 10 FEET APART.
SO I THINK WHAT HAPPENED THERE IS THAT THEY JUST APPLY THE FIRE CODE
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REQUIREMENT AND ALLOWED THEM, YOU KNOW, ISSUED THE PERMIT ON THE BASIS OF WHAT MEANING THE FIRE CODE REQUIREMENT RATHER THAN THE ZONING 25 FOOT SETBACK REQUIREMENT.SO TO RESOLVE THIS ISSUE, WE'RE PROCESSING THESE TWO VARIANCES SO THAT THE PROPERTY OWNER CAN MOVE FORWARD WITH THE SALE OF THE PROPERTY AND THE PURCHASERS CAN MOVE FORWARD WITH THE PURCHASING THE PROPERTY AND THE LENDING INSTITUTIONS CAN BE OKAY WITH, WITH WHAT'S GOING ON.
UH, STAFF RECOMMENDS APPROVAL OF BOTH THE VARIANCES.
AND IF YOU HAVE ANY QUESTIONS, ANY OTHER QUESTIONS, I'LL BE HAPPY TO TRY AND ANSWER THEM.
I HAVE ONE QUESTION WALDRON WHEN YOU SAID STAFF, BUT THE PARKS DIRECTOR, EVERYBODY ELSE IS INCLUDING THAT STAFF.
I KNOW THAT PARK'S NOT WELL UTILIZED, BUT THEY'RE OKAY WITH THAT VARIANCE TOO.
I DID CRESCENT LITTLE, BUT THAT'S JUST STANDARD PRACTICE IS THAT STAFF RECOMMENDS THIS IT IN THIS CASE, IT'S ME.
I DON'T THINK THEY'D HAVE PROBLEM WITH IT.
I JUST WANT TO VERIFY THAT THEY'RE OKAY WITH THAT, THOSE VARIANTS.
IT'S NOT GOING TO INTERFERE WITH ANYTHING THEY HAVE PLANNED.
I DIDN'T RECEIVE ANY COMMENT FROM THE PARKS DIRECTOR.
SO I DON'T, I DON'T BELIEVE THERE'S ANY PROBLEM THERE FOR YEARS.
SOME PEOPLE USE IT MOSTLY IT'S USED BY THE PEOPLE THAT LIVE IN THE NO SALES IS RIGHT.
ANY MORE QUESTIONS? WELL, I HAVE A QUESTION.
UM, SO LET ME UNDERSTAND THIS.
ARE THERE PEOPLE LIVING IN THE DEPARTMENTS? YES, YES.
SO PEOPLE ARE CURRENTLY LIVING THERE.
THE CURRENT MANAGEMENT COMPANY IS WANTING TO SELL IT AND ANOTHER MANAGEMENT COMPANY IS WANTING TO COME IN AND PURCHASE IT.
AND, UM, WE, IF SOMETHING WERE TO HAPPEN TO THE BUILDING, TO THE BUILDINGS AT, IS IT POSSIBLE TO MAKE OUR VARIANTS SUCH THAT IF SOMETHING HAPPENS, THEY HAVE TO BUILD IT ACCORDING TO CODE, THEN AS OPPOSED TO JUST GIVING THEM A, A BLANK CHECK AND SAYING, OH YEAH, DON'T WORRY ABOUT IT.
IF IT, YOU KNOW, JUST GO AHEAD AND KEEP BREAKING THE RULES.
MY ANSWER TO THAT WOULD BE NO.
UM, THE, THE VARIANCE IS TO CORRECT THE EXISTING CONDITION AND IF THE VARIANCE DOESN'T SOLVE THAT PROBLEM, YOU KNOW, AND THEN THE PROBLEM IS WHAT HAPPENS IF THE BUILDINGS ARE DESTROYED, YOU CAN'T BUILD THEM BACK THE WAY THEY ARE NOW, YOU KNOW, WE'D BE, WE'D BE BACK IN THE SAME POSITION AGAIN AND HAVE TO COME BACK TO IT.
WELL, WE HOPE NOTHING HAPPENS.
WE KNOW WE DON'T WANT THAT TO HAPPEN.
UM, BUT BY THE SAME TOKEN, I, IT IS NICE AS WE'RE GOING FORWARD.
IF WE SET THESE, UM, THIS VISION AS A CITY AND WE HAVE THESE GUIDELINES THAT WE, YOU KNOW, AS WE CAN, YOU KNOW, LIVE WITHIN THE GUIDELINES THAT WE SET OUT OR CHANGE THE GUIDELINES.
SO I'M HEARING YOU SAY THAT THEY WOULD HAVE TO COME BACK TO US IN THE EVENT OF SOME SORT OF CATASTROPHIC SOMETHING.
IF YOU GRANT THE VARIANCE, IF THE VARIANCE IS GRANTED, THEN THEY CAN PROCEED TO COME BACK WITH A SET OF BUILDING PLANS THAT WOULD ALLOW, UH, RECONSTRUCTION OF THE BUILDINGS AT THE SAME LOCATIONS THEY'RE AT RIGHT NOW.
IF WE WERE TO GRANT A VARIANCE WITH A CATCH ALL, IF YOU WILL, LIKE, YOU'RE SUGGESTING THE LENDER'S NOT GOING TO LEND ON THIS FOR THE NEW PURCHASER.
SO, UM, IF, IF WE, IF THEY WERE, IF WE GRANT THE VARIANCE, DO THEY, AND THEY CAN BUILD IT BACK WHERE IT IS RIGHT NOW, CAN THEY PUSH THE LIMITS WITH THE VARIANCE AND BUILD IT BACK EVEN CLOSER? NO, THEY'D HAVE TO MEET THE 15 FOOT SETBACKS THAT ARE REQUIRED ON BOTH SIDES.
AND IN THIS PARTICULAR CASE, UH, THIS SIDE OVER HERE, THE BUILDINGS IS ACTUALLY FURTHER BACK THAN THE 15 FEET ON THIS SIDE.
UH, THIS WAS APPARENTLY WHEN THEY ADDED THESE THREE BUILDINGS, THE FIRE DEPARTMENT NEEDED A SECONDARY FIRE ACCESS OVER HERE.
AND THEN THIS DISTANCE RIGHT HERE LOOKS TO BE ABOUT THE SAME 15 FEET THERE.
SO THIS IS SOMEWHERE IN THE NEIGHBORHOOD OF 40 FEET ALREADY
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FROM THAT SIDE PROPERTY LINES.SO THEY'RE NOT GOING TO BE ABLE TO BUILD THIS BUILDING BACK ANY CLOSER THAT REALLY WHERE IT'S AT, BECAUSE THEY CAN'T BUILD INTO THE, INTO THE, IN, INTO THE EMERGENCY ACCESS.
AND THEY WOULD HAVE TO MAINTAIN THAT 15 FOOT SETBACK FROM THE PARK OVER HERE.
AND THEN THE STREET IS OVER THERE.
SO THERE'S A SIGNIFICANT AMOUNT OF GROUND BETWEEN THE BUILDINGS AND THE STREETS.
NO MORE QUESTIONS THEN NOW, REAL QUICK, WE'LL CLOSE THE PUBLIC HEARING AND WHY YOU NEED TO ASK IF THERE'S ANYBODY THAT WANTS TO SPEAK IN FAVOR AGAINST, OKAY.
IS THERE ANYBODY WHO DOES WANT TO SPEAK IN FAVOR OR AGAINST THE PROPOSED VARIANCE? NOW IT'S MY TURN AGAIN.
NOW WE'LL CLOSE THE PUBLIC HEARING AND WE'LL TALK ABOUT THIS, THIS THING THAT SOMEBODY'S DONE, ALL THIS WORK ON.
UM, DO YOU WANT ME TO READ ALL OF THIS? LIKE I NORMALLY DO AND GET EVERYBODY TO VOTE ON IT? WHAT WE NORMALLY DID WAS READ EACH SUBSECTION, YOU KNOW, AND GET EVERYBODY TO AGREE.
ONE BY ONE IS WE WENT THROUGH IT.
I MEAN, IF SOMEBODY WANTS TO MAKE A MOTION TO APPROVE THE VARIANCES AND AS MEETING THE REQUIREMENTS OF THE, THOSE SECTIONS OF THE CODE OF ORDINANCES OF THE CITY OF ANGLETON, THAT'S GREAT.
THE FIRST TIME THAT SOMEBODY HAS ACTUALLY TAKEN THE TIME TO SPELL ALL THIS OUT.
AND I DO APPRECIATE IT BECAUSE IT'S, IT'S WELL DONE AND IT EXPLAINS EACH SUB SUBJECT AS IT GOES DOWN.
OBVIOUSLY THIS IS NOT A HEALTH HARDSHIP.
AND WE HAD BEEN TOLD YEARS AGO, YOU KNOW, UNLESS IT'S A, A HEALTH THING, DON'T GIVE HIM ANYTHING.
WELL, THIS IS A MISTAKE THAT WAS MADE YEARS AGO.
WE APPROVE THE VARIANCE TO SECTION 28 DASH 50 TWO.D.TO DOT B TO ALLOW FOR THE 15 FOOT SETBACK ALONG THE WESTERN AND SOUTHERN PROPERTY LINES OF THE VARIANTS OF SECTION 28 DASH 50 TWO.D.TO DOTSIE.ONE, UM, TO ALLOW THE REQUIRED BUILDING SEPARATION TO BE WHAT IS REQUIRED BY THE FIRE.
SECOND JOHNNY, YOU APPROVE OR DISAPPROVE AT BIRTH AND I APPROVE THEREFORE, THE IS GRANTED.
YOU NEED TO GET YOUR OTHER TWO VOTES THERE.
NO ONE MADE THE MOTION IN ONE SEC.
ARE YOU STILL THERE? I HATE TO BREAK THE NEWS TO YOU, MAN, CHAIRMAN, BUT, BUT PEOPLE MAKE MOTIONS ALL THE TIME THAT THEY THEN DON'T VOTE FOR.
I DIDN'T KNOW THAT THAT'S SOMETHING I HADN'T REALLY THOUGHT ABOUT WHILE YOU'RE, YOU'RE JUST FULL OF INFORMATION TODAY AND I APPRECIATE IT.
YOU KNOW, WE HAVE THESE MEETINGS ONCE, MAYBE TWICE A YEAR, AND IT'S, IT'S KIND OF DIFFICULT SOMETIMES TO FOLLOW ALONG WITH EVERYTHING, BUT I'LL WRITE THAT DOWN AND KEEP THAT IN MIND.
WE'VE GOT FOUR VOTES TO GO AHEAD AND GRANT THE VARIANCE.
THEREFORE IT'S APPROVED AND THEY DON'T HAVE TO TEAR THE BUILDINGS DOWN AND THEY CAN SELL IT.
I JUST HAVE TO WRITE THEM A LETTER.
THE AGENDA WAS, WAS GREAT THIS TIME.
SO I HAD A LOT OF GOOD INFORMATION.
I OPENED IT UP AND WAS LIKE, OH MY GOODNESS.
SOMEBODY HAS REALLY WORKED HARD ON THIS.
I THINK WE ALL DO IT, BUT I THINK EXPLANATION WAS THERE.
BUT I, I DO HAVE TO SAY WHEN YOU DID YOUR MEETING IN OCTOBER, I DID THE SAME THING FOR THAT ONE TOO.
SO IT'S ACTUALLY THE SECOND TIME.
I REMEMBER THAT I PROBABLY MISSED OR MISSED READING ALL OF THAT AND, AND, BUT I DO APPRECIATE IT.
THE MEETING'S ADJOURNED AT 1222.