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[00:00:04]

WE WILL CALL THIS, UH,

[1. Call to order and roll call of members]

MEETING TO ORDER FOR THE ZONING BOARD OF ADJUSTMENTS, BUILDING A STANDARDS COMMISSION, UH, FOR THURSDAY, SEPTEMBER 7TH.

FIRST ORDER OF BUSINESS IS, UH, CALL, ORDER AND ROLL CALL OF MEMBERS.

SO, KATHLEEN BENOIT HERE.

MS. TAM, UH, TAMARA GANG.

CURRY IS NOT HERE.

MICHAEL HENDERSHOT IS HERE.

RUSSELL MILLER HERE.

UH, DAVE PERSON HERE.

AND ROBERT KLEIN IS NOT HERE.

UH, MR. PERSON WILL BE ACTIVATED, UH, AS FROM THE ALTERNATES FOR THIS MEETING.

[2. Approval of June 1, 2023, minutes]

OKAY.

ITEM NUMBER TWO IS, UH, APPROVAL OF JUNE 1ST, 20, 23 MINUTES.

DID ANYBODY ON THE BOARD HAVE, UH, COMMENTS OR CONCERNS ABOUT THE MINUTES? IF NOT, UM, WE NEED A MOTION TO APPROVE.

WE DO THE MOTION TO APPROVE.

MR. RUSSELL.

I'LL SECOND.

IT'S BEEN WALL SECONDS.

ALL THOSE IN FAVOR? AYE.

AYE.

AYE.

AYE.

ALL THOSE OPPOSED.

MOTION PASSES.

FOUR TO ZERO.

OKAY.

ITEM NUMBER THREE.

CITIZENS COMMUNICATION MEMBERS OF THE PUBLIC ARE INVITED TO GIVE COMMENTS AT THIS TIME LASTING NOT LONGER THAN THREE MINUTES.

DO WE HAVE ANY MEMBERS OF THE PUBLIC WHO WOULD LIKE TO COME UP AT THIS TIME? SEEING NONE.

WE'LL CLOSE THAT ITEM.

MOVE ON

[4. Public Hearing and Action Items]

TO ITEM NUMBER FOUR, PUBLIC HEARING AND ACTION ITEMS. HOLD A PUBLIC HEARING AND TAKE ACTION ON A ZONING BOARD OF ADJUSTMENTS.

APPLICATION VA DASH 23 DASH 0 0 0 2 3 0 7 EAST WALKER STREET.

A REQUEST FOR A VARIANCE TO THE LEAGUE CITY CODE OF ORDINANCES TO ALLOW AN ENLARGEMENT OF A NON-CONFORMING BUILDING SITE ON PROPERTY ZONED IL LIMITED INDUSTRIAL, LEGALLY DESCRIBED AS A PORTION OF LOT THREE ON THE L CEDAR SUBDIVISION.

GENERALLY LOCATED ALONG THE SOUTH SIDE OF EAST WALKER STREET, EAST OF CLEAR CREEK AVENUE, AND WEST OF DICKINSON AVENUE WITH THE ADDRESS OF 3 0 7 EAST WALKER STREET STAFF.

GOOD EVENING.

MEMBERS OF THE BOARD FOR THE RECORD.

MY NAME IS MARK LINE SCHMIDT, PLANNING MANAGER FOR THE CITY OF LEAGUE CITY.

THE REQUEST FOR TONIGHT IS FOR THE EXPANSION OF A BUILDING AND OR SITE AT 3 0 7 EAST WALKER STREET.

UM, THE PROPERTY IS ZONED INDUSTRIAL, UH, JUST A COUPLE BLOCKS EAST OF HERE.

UM, THE APPLICANT DID PURCHASE THE PROPERTY IN 2000.

UM, ALSO LATER ON IN ABOUT 2019, IN APRIL OF 2019, THEY ACTUALLY PURCHASED THE PROPERTY ACROSS THE STREET TO EXPAND THEIR BUSINESS.

UM, FROM A TIMELINE STANDPOINT, THAT'S JUST FROM A BUSINESS STANDPOINT, THEY EXPANDED IT.

HOWEVER, THE SUBJECT PROPERTY IS THE 3 0 7 EAST WALKER STREET ON THE SOUTH SIDE OF THE STREET.

THE ISSUE IS, IS THAT THE, UH, APPLICANT WENT THROUGH THE PROCESS, UM, RECEIVED A SLAB PERMIT BACK IN, UH, EARLY LAST YEAR, EARLIER OF LAST YEAR, THAT WAS POURED.

AND THEN UPON GOING THROUGH THE INSPECTION PROCESSES, UH, THE INSPECTORS CAME WHEN THEY WERE DOING THEIR INSPECTIONS.

THEY FOUND THAT THERE, IT IS ACTUALLY STRUCTURE THAT WAS CONSTRUCTED ON, ESSENTIALLY ON TOP OF THE SLAB.

UM, SO REALLY WHAT IT COMES DOWN TO FROM OUR PERSPECTIVE IS THAT THE MAIN ONE IS THE EXPANSION OF THE NON-CONFORMING.

AS YOU CAN SEE, ANY NON-CONFORMING STRUCTURE MAY BE, UH, MAINTAINED OR AL MAY NOT BE MAINTAINED, YOU KNOW, CAN BE MAINTAINED, BUT CANNOT BE ALTERED.

UM, FROM OUR STANDPOINT, YOU KNOW, NON-CONFORMING ARE TYPICALLY YOU CANNOT EXPAND OR CREATE NEW NON-CONFORMING UNLESS WE GO THROUGH, YOU KNOW, THE REQUESTS SUCH AS THIS.

THE OTHER KIND OF OTHER MINOR ASSOCIATED VARIANCES WITH THE PROJECT BECAUSE OF THE EXPANSION IT CREATED, UM, NON-CONFORMANCES, WHICH ARE, YOU KNOW, KIND OF AS TO A LESSER EXTENT A RESULT OF IS, UH, RELATED TO THE PARKING REGULATIONS, THE STREET PARKING, THE LANDSCAPING REGULATIONS.

AND, AND JUST SIMPLY, YOU KNOW, THE PERMIT, YOU KNOW, THAT WE REQUIRE A PERMIT BEFORE A BUILDING CAN BE CONSTRUCTED.

UM, BASICALLY WHAT YOU SEE ON THE SCREEN HERE ARE SOME, BASICALLY THE PLAN VIEW AND DETAILS DURING THE REVIEW PHASE FOR THE SLAB.

UH, WHICH AGAIN, A PERMIT WAS ISSUED LAST YEAR.

UM, AGAIN, UH, AND ASSOCIATED THE APPLICANT'S LETTER AS WELL AS PHOTOGRAPHS THAT WERE TAKEN THAT WERE, THAT YOU'LL SEE IN THE APPLICANT INFORMATION THAT WAS PROVIDED IN YOUR STAFF REPORT.

UM, THESE ARE ALSO PHOTOGRAPHS.

THE, THE POST PORE, THE LEFT HAND SIDE WAS AN EXHIBIT THAT THE APPLICANT HAD INDICATING THE ISSUES WITH THE SLAB AT THE TIME.

THEN THE RIGHT HAND

[00:05:01]

SIDE SHOWING BASICALLY THE BUILDING IN EXISTENCE AS IT AS IT EXISTS TODAY.

UH, AGAIN, AN AERIAL COMPARISON BETWEEN OCTOBER 5TH, 2022 AND JANUARY OF 2023, SHOWING THE EXPANSION OF THE BUILDING, WHICH, UH, ACCOUNTED FOR APPROXIMATELY, UM, I BELIEVE IT WAS LIKE 37% EXPANSION, WHICH AGAIN TRIGGERS THAT LANDSCAPING REQUIREMENT.

SO FROM SP STAFF'S PERSPECTIVE AS FOLLOWS, UM, FROM OUR FINDINGS, THE NONCONFORMING BILLING WAS EXPANDED WITHOUT A PERMIT.

UH, THE VARIANCES WOULD, IF THE VARIANCES TO THE BUILDING SETBACKS, THE PARKING REGULATIONS, UM, WOULD NEED TO BE APPROVED IF THE REQUEST WAS GRANTED AS WELL FOR AN ORDER FOR THE STRUCTURE TO REMAIN.

UM, THE DOCUMENTATION SUCH AS THE GENERAL PLAN WAS PROVIDED, BUT AFTER, UH, THE ISSUE WAS, UH, BROUGHT TO THE ATTENTION.

AND THEN STAFF ANALYSIS INDICATES FROM YOUR CRITERIA THAT LISTED IN THE REPORT THAT FOUR OF THE EIGHT CRITERIA MAY NOT MEET THE REQUIREMENTS FOR THE VARIANCE.

THE NATURE OF THE REQUEST IS SELF-IMPOSED SINCE THE APPLICANT CHOSE TO EXPAND THE BUILDING AND THE SITE WITHOUT A PERMIT WHEN THERE WERE OTHER OPTIONS AVAILABLE.

AND THEN CODE ENFORCEMENT BODY CAMERA IS AVAILABLE SHOULD WE WISH TO VIEW IT.

AND THEN AS OF LATE YESTERDAY, STAFF DID RECEIVE A LETTER OF SUPPORT, WHICH YOU WERE PROVIDED ON THE DAIS.

THAT APPLICA THAT LETTER OF SUPPORT WAS ALSO PROVIDED TO THE APPLICANT AS WELL.

SO, FROM APPROXIMAL MOTION STANDPOINT, AS INDICATED PER THE UNIFIED DEVELOPMENT CODE, THE GRANTING OF VARIANCES, THIS HAS TO BE PECULIAR AND UNIQUE, BUT THE BOARD MAY GRANT THOSE VARIANCES ON THOSE INSTANCES.

OTHER, JUST A, ANOTHER REMINDER IS THAT A CONCURRENT VOTE OF 75% OF THE MEMBERS OF THE BOARD.

SO TONIGHT, THAT WOULD BE A UNANIMOUS DECISION OF CONCURRENT APPROVAL IN, IN THE AFFIRMATIVE TO GRANT A VARIANCE.

AND THEN SHOULD A VARIANCE BE ALLOWED, THE , UH, VARIANCES IDENTIFIED.

SO THAT'S THE PARKING, THE SETBACKS, THE LANDSCAPING WOULD, UH, NEED TO BE APPROVED AS INCLUDED AS PART OF THE VARIANCE.

AND THEN BASICALLY, AND THEN THE LAST ONE IS THAT A PERMIT WOULD STILL BE REQUIRED.

WE STILL NEED TO GO THROUGH THE PROCESS AND ENSURE THAT WE'RE MEETING THE LIFE, HEALTH AND SAFETY ISSUES.

THE APPLICANT IS HERE SHOULD YOU HAVE ANY QUESTIONS FOR HIM, AND HE, UH, WISHES TO MAKE A FEW STATEMENTS AS WELL AS WE HAVE REPRESENTATIVES FROM OUR BUILDING DEPARTMENT AND OUR FIRE MARSHAL'S OFFICE TO BE ABLE TO ANSWER ANY QUESTIONS RELATED TO THOSE.

THAT CONCLUDES MY PRESENTATION.

THANK YOU.

UH, DID THE APPLICANT WANNA COME UP AND SPEAK? UH, GOOD EVENING.

I'M JAMES BARRY WITH DR.

KOOL, AND UH, ADDRESS IS 3 0 7 EAST WALKER.

UM, IS THE, THE BUILDING THAT WE'RE TALKING ABOUT, UM, OKAY, I MIGHT RAMBLE A LITTLE BIT BECAUSE I DON'T HAVE SLIDES TO FOLLOW.

SO TO KIND OF START ALL THIS IS, YES, WE, UH, GOT A PERMIT.

WE POURED A SLAB IN THE BACK OF THE OFFICE AND, UM, THE CONCRETE WAS INSPECTED AND POURED, AND AS YOU COULD TELL ON THE ONE WITH THE DOOR ON THE LEFT THERE, UH, WHEN I CAME IN THE NEXT MORNING, THAT DOOR WOULD NOT OPEN.

SO WE CHISELED THAT OUT 'CAUSE I KNEW THAT'D BE A FIRE ISSUE.

SO WE WENT IN AND CHISELED THAT OUT, GOT IT CLEAR, SO AT LEAST THE DOOR WOULD OPEN AND LEFT IT LIKE THAT.

THEN OVER THE WEEKEND, WE HAD A LOT OF RAIN, CAME IN ON MONDAY AND THE BUILDING WAS FLOODING, SO KIND OF PANICKED.

WE HAD A LOT MORE RAIN COMING.

UM, I BELIEVE THIS WAS JANUARY OR FEBRUARY WHEN WE WERE STILL GETTING WATER.

SO I KIND OF SCRAMBLED AND GOT A BUILDING PUT UP VERY QUICKLY TO GET IT DRIED IN SO THAT WE WOULD NOT GET WATER COMING IN.

THAT'S WHERE A LOT OF THE, I GUESS THE PROBLEM CAME.

UM, THE, THE CITY INSPECTOR CAME BY, WE TALKED, UH, WENT AHEAD AND WENT THROUGH THE PROCESS OF FILING FOR A PERMIT.

AND THEN THAT'S WHENEVER I FOUND OUT I'VE GOT A NON-CONFORMING BUILDING.

UM, WHICH I WASN'T REALLY SURE WHAT THAT MEANT.

MARK ACTUALLY EXPLAINED IT, UH, IN PRETTY GOOD DETAIL AND WE'VE BEEN KIND OF TRYING TO WORK OUR WAY THROUGH IT NOW TO WHERE WE CAN HOPEFULLY KEEP THE BUILDING.

'CAUSE AT THIS POINT IT LOOKS LIKE, UH, THE BUILDING ADDITION HAS TO COME DOWN.

CONCRETE WOULD'VE TO COME OUT IN ORDER TO GET US WEATHERED IN.

UH, IT IS ON THE BACKSIDE OF THE BUILDING.

IT'S NOT VISIBLE TO THE STREET.

UM, IT'S BASICALLY JUST DEAD GRASS BACK THERE.

DEAD, DEAD SPACE.

ALL THE OTHER BUILDINGS AROUND US ARE JUST METAL AS WELL.

UM, LITTLE BIT ABOUT OUR BUSINESS.

WE'VE BEEN IN THIS LOCATION FOR RIGHT AT 26 YEARS.

SO WE'VE BEEN HERE, WE'VE BEEN GOOD STEWARDS.

WE TAKE CARE OF THE CITIZENS.

I'VE BEEN A CITIZEN OF LEAGUE CITY FOR 46 YEARS, SO NOT PLANNING ON GOING ANYWHERE.

I DO WANT THE CITY TO BE NICE AND, AND PRESENT IT AS WELL.

UM, WE'RE JUST HOPING WE CAN KIND OF KEEP THIS ADDITION

[00:10:01]

SO THAT WE DON'T HAVE TO TAKE IT DOWN, PUT IT BACK AND TEAR OUT A BUNCH OF CONCRETE.

UM, WHERE IT WENT WRONG.

I DON'T KNOW.

THE, THE CONCRETE GUY JUST DID A BAD JOB, CAN'T GET HIM BACK, AND THAT'S MY FAULT.

UM, ULTIMATELY THE, UH, THE PARKING SITUATION, UM, WE DO HAVE AN AGREEMENT WITH TWO OTHER NEIGHBORS OF OURS THAT WILL ALLOW US TO PARK, UM, THE, THE SCAFFOLDING PLACE A COUPLE DOORS DOWN AND THE BUILDING RIGHT THERE TO THE LEFT AND SAID, HEY, YOU CAN USE OUR PARKING.

WE DON'T HAVE PEOPLE IN OUR BUSINESS IS THE AIR CONDITIONING.

WE GO OUT TO RESIDENCE.

WE DON'T HAVE PEOPLE COMING IN THERE.

IT IS NOT WHOLESALE, OR NOT WHOLESALE RETAIL.

SO WE DON'T HAVE FOOT TRAFFIC COMING THROUGH OUR OFFICE.

WE DISPATCH ALL THE TECHNICIANS FROM THEIR HOME AND OUT.

THE ONLY PEOPLE THAT ARE IN OUR OFFICE ARE OUR ACTUAL INSTALLERS, WHICH PRETTY MUCH WORK OUT OF THE 3 0 7 BUILDING.

THAT'S OUR INSTALL SIDE.

SO THE INSTALL TRUCKS ARE OVER THERE, THEY LOAD UP AND GO.

UM, AS FAR AS PEOPLE IN OUR OFFICE, WE AVERAGE 10 TO 12 LADIES AND MEN THAT RUN THE OFFICE, YOU KNOW, MANAGERS, DISPATCHERS, STUFF LIKE THAT.

SO I FEEL LIKE THE PARKING WE'RE UNDER CONTROL.

UM, THE, THE, THE TREES, I'M NOT SURE TO BE HONEST WITH YOU WHAT ALL THAT MEANS ON, ON BRINGING THAT UP TO CODE.

BUT WE CAN DEFINITELY PLANT TREES IN THE BACK OF THE BUILDING, UM, IF THAT'S PART OF THE DEAL.

THE WHOLE FRONT IS CONCRETE FROM THE WHOLE WIDTH ALL THE WAY OUT TO THE STREET, AS IS THE REST OF THE, UH, PROPERTIES ALONG THAT STREET RIGHT THERE ON OUR SIDE.

UM, ULTIMATELY I'M, I'M, I'M HERE ASKING TO HOPEFULLY BE ABLE TO COME TO SOME KIND OF A CONCLUSION TO WHERE WE CAN HOLD ONTO THE BUILDING AND ALSO WORK WITH THE CITY TO COME INTO, UH, STANDARDS AS MUCH AS POSSIBLE WITH THE RESTRICTED, UH, AREA WE HAVE.

OKAY.

THANK YOU.

DID ANYBODY ON THE BOARD HAVE QUESTIONS SPECIFICALLY FOR, UH, THE APPLICANT? WELL, I HAVE A, A WHOLE LIST OF QUESTIONS THAT WILL COVER QUITE A FEW PEOPLE, BUT I'LL LET OTHER PEOPLE POSSIBLY GO FIRST AS TO NOT MONOPOLIZE THE QUESTIONING BECAUSE I'M SURE, UH, OTHER PEOPLE WILL ASK SIMILAR QUESTIONS AND OKAY.

I'LL JUST MARK THEM OFF MY LIST.

WHAT WE CAN, WHAT WE CAN DO IS WE CAN, UM, AT THIS, AT THIS POINT, YOU CAN SIT DOWN AND WE'RE GONNA OPEN THE PUBLIC HEARING AND THEN WE'LL HAVE QUESTION AND ANSWER.

WE MAY HAVE TO CALL SOME PEOPLE, SOME OTHER PEOPLE.

THANK YOU.

SO, UM, OKAY.

SO TO OPEN THE PUBLIC HEARING, WE NEED TO HAVE A MOTION TO, UM, TO APPROVE THE VARIANCE.

UM, I GUESS I SHOULD OPEN IT FIRST.

SO, UH, WHAT WE'LL DO IS WE'LL OPEN THE PUBLIC HEARING NOW AT SIX 13 AND AT THE TOP WE SHOULD HAVE A MOTION TO APPROVE AND A SECOND, AND THEN WE CAN DISCUSS AND THEN, RIGHT.

WELL, FOR THE PUBLIC HEARING, MY SUGGESTION WOULD BE, OH, SORRY.

SINCE YOU, SINCE YOU OPENED IT, RIGHT.

IF THERE'S ANYONE TO SPEAK, THEY CAN COME, RIGHT? IF THERE'S NO ONE TO SPEAK, YOU CAN CLOSE THE PUBLIC HEARING AND AT THAT POINT, IF YOU WANNA HAVE DISCUSSION, SOMEONE WOULD MAKE A MOTION AND A SECOND.

RIGHT.

ASSUMING YOU HAVE THOSE TWO IN PLACE, THEN YOU CAN HAVE DISCUSSION AND CALL WHOEVER YOU WOULD LIKE TO.

RIGHT? SORRY, I GOT IT OUT OF ORDER.

UM, OKAY.

YES.

SO PUBLIC HEARING'S OPEN.

IS THERE ANY ADDITIONAL, UH, PEOPLE WHO WOULD LIKE TO COME UP AND HAVE A, A COMMENT, MAKE COMMENTS? OKAY.

HEARING NONE, WE CAN CLOSE THE PUBLIC HEARING THEN AT SIX 13.

NOW WE SHOULD HAVE AN MOTION TO APPROVE THE VARIANCE AND A SECOND, AND YOU CAN APPROVE FOR THE SAKE OF ARGUMENT OR DISCUSSION.

RIGHT.

IF YOU'D LIKE, UH, MAKE A MOTION TO APPROVE IT.

RUSSELL, I'LL SECOND AS, I CAN'T TELL IF THIS IS ON OR NOT.

I'LL SECOND AS A POINT OF DISCUSSION.

AND, UM, MS. BENOIT SECONDS OKAY.

DISCUSSION.

DOES ANYBODY HAVE SPECIFIC QUESTIONS? I JUST HAVE, UH, I'LL JUST START OUT WITH ONE.

UM, SO WAS A PERMIT REQUESTED BACK IN FEBRUARY THOSE DRAWINGS THAT WE SAW OF THE INITIAL BUILDING? YES, MA'AM.

UM, IF YOU LOOK AT THE TIMELINE, KIND OF WHERE KIND OF THIS ALL STARTED IS THAT THERE WAS A KIND COMPLAINT THAT WAS CALLED INTO CODE ENFORCEMENT.

THEY VISITED THE SITE AND FOUND THE FORM WORK THAT WAS FORMED UP, BUT IT HAD THE, THE SLAB HAD NOT BEEN POURED, AND THAT WAS, I BELIEVE, IN JANUARY OF 2022.

THEY DID TALK TO THE APPLICANT.

THE APPLICANT DIDN'T THEN, DID LATER ON APPLY FOR AND RECEIVED A PERMIT FOR THE SLAB.

FOR THE SLAB ONLY.

YES, MA'AM.

MM-HMM.

.

AND SO DID THEY NOT APPLY FOR A PERMIT FOR THE STRUCTURE? NO, MA'AM.

OKAY.

OKAY.

I, OH, GO AHEAD.

I HAD A QUESTION FOR THE APPLICANT,

[00:15:01]

ACTUALLY.

UM, THE INTENT OF THE SLAB ORIGINALLY, UH, I WAS CURIOUS ABOUT THAT BECAUSE THE WAY IT WAS INSTALLED TO SORT OF AT LEVEL AND IT, AND IT CREATED A PROBLEM WITH ACTUALLY OPENING YOUR DOOR, SUGGESTS THAT THERE WAS FUR, YOU KNOW, IT WAS ACTUALLY INTENDED TO BE AT THE SAME ELEVATION AND BE ENCLOSED AT SOME POINT.

IT WAS NOT INTENDED TO BE ENCLOSED.

IT WAS ACTUALLY SUPPOSED TO BE BASICALLY A RECREATIONAL AREA.

MM-HMM.

, THE, UH, OFFICE DOESN'T REALLY HAVE ANYWHERE TO EAT LUNCH, AND THEY PRETTY MUCH DON'T LEAVE.

SO IT WAS GONNA BE OUTSIDE FOR THEM TO HAVE LUNCH.

AND THEN ALSO IF YOU DRIVE BY OUR OFFICE, WE HAVE WHAT WE CALL LOANER UNITS.

SO THEY'RE OLD USED UNITS.

I WAS GONNA BE MOVING THAT TO THE BACK OF THE OFFICE, SO IT WAS OUTTA SIGHT.

MM-HMM.

, UM, THE PROBLEM OCCURRED WAS THE, BASICALLY THE CONCRETE GUY JUST FORMED IT UP WRONG MM-HMM.

, BECAUSE ON THE, ON A METAL BUILDING, YOU ACTUALLY HAVE A, UM, A LEVEL SPACE WHERE ALL THE OPERATION IS, AND THEN IT DROPS DOWN ABOUT AN INCH AND A HALF AND GOES OUT WHERE THE METAL DROPS.

WELL, HE WENT TO THE HEIGHT, SO HIS SLAB WAS ACTUALLY THE HEIGHT OF OUR INSIDE, WHICH IT SHOULD HAVE BEEN LOWER.

MM-HMM.

IS WHAT HAPPENED THERE, UM, ON THAT, DOES THAT KIND OF ANSWER? YEAH.

MORE OR LESS MM-HMM.

, YES.

THANK YOU.

SO AGAIN, FOR THE, THE, UH, BUSINESS OWNER, UM, SO THE DESIGN THAT, OR THE, THE DRAWINGS AND THE SPECIFICATIONS OF THE DIMENSIONS AND THE HEIGHT OF THE CONCRETE, DID THE CONTRACTOR PUT IT IN AS IT WAS APPROVED BY YOU, OR WHAT DID HE OVER HE OR SHE OVERSTEP THEIR BOUNDS AND DO MORE THAN WAS INTENDED.

THE, THE CONTRACTOR BOTTOM LINE MESSED UP, UM, IS A CONTRACT, A CONCRETE CONTRACTOR WHO DID THE WORK.

HE HIRED AN ENGINEER THAT WENT OVER AND GOT ALL THE PERMITTING DONE.

SO IT WAS AN ENGINEER DRAWING ENGINEERED ON THE, UH, DRAINAGE.

AND THEN HE WAS DOING THE WORK.

I'M GONNA SAY I WAS KIND OF OUT OF IT.

I WAS WRITING THE CHECKS, BUT I NEVER WENT BACK THERE AND LOOKED AT HOW HIGH THE FORMS WERE OR THE DRAWING.

I DIDN'T DRAW IT.

I, THAT WAS FROM AN ENGINEER THAT DREW IT AND, UH, DESIGNED IT.

OKAY.

THEN FOR, UH, MARK, UM, WHO, WHO, UH, WHO SUBMITTED THE OFFICIAL COMPLAINT? WAS IT A NEIGHBOR? I, I ASKED THE CODE ENFORCEMENT DEPARTMENT.

I DID NOT RECEIVE A RESPONSE FROM THEM, BUT IT, BUT IT WAS COMPLAINT BASED.

AND DID, DID THEY SPECIFY WHY OTHER THAN SAYING THAT THERE SEEMS TO BE GOING SOME CONSTRUCTION, IS THERE A PERMIT THAT'S PART OF THEIR, FROM MY UNDERSTANDING THAT IS PART OF THEIR TYPICAL, WHEN THEY, WHEN THEY LOOK AT, UH, ISSUES THAT COME UP OR COMPLAINTS, THEY VERIFY IF A PERMIT HAS BEEN ISSUED.

OKAY.

SO WE DON'T KNOW THE RATIONALE OF THE COMPLAINT OR WHY THE COMPLAINT WAS REGISTERED? NO, SIR.

OKAY.

AS FAR AS THE FOUNDATION, YOU, UH, HOW MUCH, HOW MUCH HIGHER, UH, THIS IS FOR THE OWNER AGAIN, HOW MUCH HIGHER IS THE NEW F FOUNDATION SLAB THAN THE EXISTING? IT'S ROUGHLY RIGHT AT THREE INCHES.

THREE INCHES HIGHER.

THREE INCHES HIGHER? YES, SIR.

OKAY.

AND THEN THIS IS FOR THE PLANNING DEPARTMENT.

DOES THIS THREE INCH HIGHER NEW SLAB, WOULD IT MEET, UH, FLOOR FOUNDATION REQUIREMENTS OF THE CITY FOR PUTTING A STRUCTURE ON IT? I'M GONNA ASK RALPH FROM OUR BUILDING DEPARTMENT TO COME UP AND BE ABLE TO ANSWER THAT, UM, RALPH, WITH THE BUILDING DEPARTMENT TO BE ABLE TO TELL YOU.

'CAUSE THAT WOULD BE MORE OF A BUILDING CODE RELATED QUESTION.

HELLO, MY NAME'S RALPH.

UM, THE ELEVATION IS ABOVE BASE FLOOD, SO IT, IT, IT IS OKAY.

AS FAR AS THE HEIGHT OF IT, I CAN'T ATTEST TO THAT WITHOUT LOOKING AT THE SET OF PLANS.

OKAY.

BUT BASED, BASED ON WHAT YOU'RE HEARING IT, IT WOULD PROBABLY PASS ABSOLUTELY.

FROM, FROM THE CITY.

YES, SIR.

BUT THE EXISTING ELEVATION OF THE EXISTING STRUCTURE, WOULD THAT HAVE PASSED TODAY'S CODES? I BELIEVE SO.

OKAY.

I BELIEVE THAT WHOLE AREA IS HIGH.

OKAY.

THANK YOU.

YOU'RE WELCOME.

I, I HAD A QUESTION ADDITIONALLY TO THAT.

UM, WHEN YOU, WHEN WHEN THE SLAB WAS PERMITTED, IT SOUNDS TO ME LIKE THE, THE PER THE SLAB WAS PERMITTED TO BE A, YOU KNOW, A REC, YOU KNOW, I GUESS A RECREATIONAL, RECREATIONAL SLAB.

SORT

[00:20:01]

OF A, WHEN YOU, WHEN YOU ENGINEER A SLAB TO ACCEPT A METAL BUILDING, TYPICALLY THERE'S MORE INVOLVED FOOTINGS AND PEERS ABSOLUTELY.

AND THINGS LIKE THAT.

YES.

WILL THIS, I MEAN, DO I, YOU MAY NOT BE ABLE TO ANSWER THIS DIRECTLY BECAUSE YOU'RE NOT, YOU KNOW, HAVE THE DRAWINGS IN FRONT OF YOU, BUT BASED ON WHAT THE TIMELINE AND EVERYTHING, IT DOESN'T SEEM TO ME THAT THAT SLAB WAS INTENDED TO HAVE A METAL BUILDING ON IT AND NOW IT'S GOING, IT, NOW IT HAS A METAL BUILDING ON IT.

WOULD THAT METAL BUILDING THEN MEET THINGS LIKE WIND, UH, WIND LOAD CRITERIA, UPLIFT, ALL THAT SORT OF STUFF? THAT WOULD NEED TO BE, I BELIEVE WE DO HAVE SOME ENGINEERING.

OKAY.

THAT'S, THAT, THAT ATTESTS TO THE BUILDING BEING SAFE AND WOULD PASS, WOULD PASS CURRENT CODES UP TO BIG CODES? YES.

OKAY.

WE WOULD HAVE TO SEE IT SURE.

TO MAKE SURE, BUT I BELIEVE THAT HE DOES HAVE THAT.

OKAY.

WE GOOD? YEP.

THANK YOU.

IF I MAY ADD, THE, THE WINDSTORM CERTIFICATION IS IN YOUR PACKET AT THE BACK END, I BELIEVE IT'S ATTACHMENT FOUR TOWARDS THE END.

THE ACTUAL CERTIFICATE IS IN YOUR PACKETS.

OKAY.

UH, THIS IS FOR THE OWNER, UM, WHO ACTUALLY, UH, THE STRUCTURE WENT UP IN BASICALLY A WEEK FROM THE TIME THAT, ACCORDING TO THE TIMELINES THAT WERE PRESENTED TO US WHEN, UH, WHEN THE SLAB WAS TO GO THROUGH ITS FINAL APPROVAL, UH, AND THEY FOUND THE STRUCTURE ON IT AND THEN SAID, SORRY, WE CAN'T APPROVE THIS BECAUSE IT HASN'T BEEN PERMITTED FOR A STRUCTURE.

UM, MY QUESTION IS WHO, WHO, WHO INSTALLED THAT CON STRUCTURE? UM, I'M NOT SURE HIS NAME RIGHT OFFHAND, BUT HE IS A, UH, HE DOES HAVE A BUSINESS.

HE'S GOT A LICENSE.

HE IS INSURED.

HE WAS ACTUALLY DOING A METAL BUILDING FOR ONE OF OUR EMPLOYEES IN DICKINSON, UH, WHICH IS GONNA BE HIS RESIDENCE.

SO HE IS DOING LIKE A BARN ANDIN, AND HE'S THE ONE THAT SAID, HEY, THIS GUY'S ON MY PROPERTY RIGHT NOW.

UM, I WANT TO THINK IT'S SAN SANTIAGO OR SOMETHING LIKE THAT.

UH, BUT WHENEVER I ASKED HIM WITH ALL THIS GOING ON, UH, MARK ASKED IF THEY WERE REGISTERED WITH THE CITY.

SO I REACHED OUT TO HIM AND SAID, HEY, ARE YOU INSURED OR YOU BONDED? HE DOES HAVE A COMPANY NAME.

IT'S ACTUALLY IN HIS WIFE'S NAME.

HE DID NOT WANT TO COME REGISTER WITH THE CITY BECAUSE HE DOESN'T HAVE A DRIVER'S LICENSE.

BUT HIS WIFE IS THE ONE, THE COMPANY IS IN HER NAME AND THEY DO HAVE INSURANCE, WHICH THEY DID PROVIDE TO ME.

UM, I PROBABLY HAVE IT IN MY PACKET BECAUSE I DID ASK FOR THAT, BUT THEY WOULD NOT, THEY WERE NOT WILLING TO COME REGISTER WITH THE CITY.

AND WHEN, WHEN WAS THIS NEW STRUCTURE BEFORE IT GOT PUT UP? DESIGNED? UH, IT SURE DID GO UP.

JUST THE FLIGHT OF THE NIGHT TYPE IT, IT DID IT, IT WENT UP QUICK, UM, TO PREVENT THE WA THE WATER, IT WAS ACTUALLY ENGINEERED AFTERWARDS.

THE, UH, HAD AN ENGINEER COME OVER BECAUSE I KNEW I WAS GONNA HAVE TO GET WINDSTORM FOR THE INSURANCE.

OKAY.

SO HE CAME OVER AND HE DID THE ENGINEERING ON EVERYTHING AND, UH, GOT ME THE ENGINEERING DRAWINGS, WHICH I BELIEVE IS ALSO IN THE PACKET.

AND THEN ALSO THE WINDSTORM WAS ANOTHER ENGINEER.

AND WHEN WERE THE MATERIALS PURCHASED FOR THE, OR ORDERED FOR THIS BUILDING? UH, THAT WOULD BE WITH HIM.

AND I WOULD PROBABLY SAY THAT MAYBE IT WAS ORDERED ON A WEDNESDAY.

I'M, I'M NOT SURE.

BUT IT WAS QUICK.

IT WAS, UH, VERY STANDARD SIZE.

SO I BELIEVE IT ALL CAME FROM MUELLER METAL IS WHO, UH, HE BOUGHT IT FROM.

SO LIKE A TWO DAY TURNAROUND.

IT WAS QUICK, BUT HE LEFT THE OTHER GUY'S PROPERTY TO COME DO MINE.

OKAY.

'CAUSE OF THE WATER.

OKAY.

THANK YOU FOR THAT.

UM, DO YOU HAVE PICTURES OF THE DRAWINGS THAT WERE SUBMITTED? UH, YOU MEAN FOR WHICH PERMIT? FOR WHICH ONE? UH, FOR THE STRUCTURE, NOT FOR THE PERMIT, BUT FOR, HE HAD THE DRAWINGS.

UH, LET ME DOUBLE CHECK.

I DON'T HAVE 'EM IN FRONT OF ME, SO I'M JUST TRYING TO REMEMBER FROM MEMORY MM-HMM.

, BECAUSE I THINK THE DRAWINGS WERE DONE IN FEBRUARY.

CORRECT.

AND THEN ON THERE IT SAYS WITH A LITTLE RED LINE AROUND IT ABOUT PERMITS WITH THE CITY.

SO I'M A LITTLE SURPRISED.

YEAH, NO MA'AM.

I DON'T, I DON'T BELIEVE I INCLUDED THAT WITH THE, THE IDEA OF IT.

JUST SCROLL, SCROLL TO THE, TAKE YOUR FINGER.

I MEAN, AND BEING A BUSINESS OWNER, YOU KNOW, YOU NEED PERMITS FOR STUFF THAT'S JUST KIND OF GO THE OTHER WAY.

THE STANDARD OR IS IT? YEAH, RIGHT HERE ON WHICH ONE IS THIS? ATTACHMENT NUMBER THREE.

IS THAT IT? YEAH.

AND AROUND IT, IT SAYS VERIFY ALL LANDSCAPE, DRIVEWAY AND DUMPSTER REQUIREMENTS WITH THE CITY OF LEAGUE CITY.

AND THIS WAS DONE LOOK LIKE YOU BROUGHT THIS AND WHAT, WHAT THE, WHAT YOU'RE LOOKING AT IN ATTACHMENT THREE ARE THE, THE, THE DRAWINGS THAT THE ONLY, JUST THE

[00:25:01]

ENGINEERED DRAWINGS OF THE SUBMITTAL.

OKAY.

THAT'S THE CEMENT.

OKAY.

THEN IT MUST BE THE BUILDING ANYWAY.

I THINK IT SAYS RIGHT ON THE DRAWINGS, YOU KNOW, PERMITS FOR THE CITY OF LAKE CITY REQUIRED THE GUY BUILDING THIS SHOULD HAVE, YOU KNOW, KNOWN TO DO PERMITS.

AND I KNOW YOU'RE A LOCAL BUSINESS OWNER.

I AM TOO.

YOU NEED PERMITS FOR STUFF.

CAN I ANSWER IT? MM-HMM.

.

OKAY.

I ACTUALLY, I APOLOGIZE.

I ACTUALLY MEANT TO BRING THIS UP A LITTLE BIT.

WHEN I FIRST DID THE DEAL, THE, UM, YES, YOU NEED PERMITS.

I UNDERSTAND THAT VERY WELL.

UM, FOR THE LAST THREE YEARS, I WENT AHEAD AND PULLED OPEN RECORDS ON PERMITS FOR US.

WE'RE AVERAGING OVER $30,000 IN PERMITS TO THE CITY ON MECHANICAL.

SO IF I CAME IN AND SOLD YOU A UNIT, I PULLED THE PERMIT AS A COMPANY, AS A BUSINESS OWNER BEFORE I DO WORK IN YOUR HOUSE.

RIGHT.

ME HAVING THIS DONE, I'M HIRING ANOTHER GUY.

THAT'S WHERE IT STARTED WITH THE CONCRETE, TO BE HONEST WITH YOU.

HE DIDN'T PULL A PERMIT.

SO I DID NOT REALIZE THAT AS SOON AS HE WAS BROUGHT TO OUR ATTENTION, WE SHUT IT DOWN.

TOLD HIM HE NEEDED TO GO GET A PERMIT.

THE METAL BUILDING.

NO, THERE WAS NOT A PERMIT PULLED UNTIL AFTER BECAUSE I WAS RUSHING TO GET IT IN.

AND YES, I, I SHOULD HAVE CHECKED WITH HIM TOO, BUT I TOLD HIM, HEY, I NEED THIS UP QUICK.

IT'S GONNA BE RAINING ALL WEEK IN, IN LOOKING AT THE WHOLE SITE FOR ME IT'S, YOU KNOW, THE SIDE SETBACKS.

UM, EVEN YOUR NEIGHBOR WRITING THIS NICE LETTER AND HE SAYS HE WANTS TO EXPAND.

SO IF WE DO IT FOR ONE PERSON, WE'D HAVE TO DO IT FOR EVERY METAL BUILDING ALONG HERE.

'CAUSE THERE'S, WITH THE SITUATION, THERE'S REALLY NO WAY OF SAYING IT'S A HARDSHIP THAT YOU HAD TO DO IT.

AND WE COULDN'T REALLY DENY OTHER BUILDINGS THAT WANTED TO DO THIS.

AND SO, UM, EVEN WITH THE TREES, UM, THERE'S NOT ENOUGH ROOM FOR A BUILDING.

I'M NOT AS CONCERNED ABOUT LANDSCAPING, PARKING.

YOU CAN WORK OUT WITH YOUR FELLOW BUSINESSES, BUT, UM, NOT HAVING A PERMIT TO DO IT, I JUST DON'T SEE THAT IT WENT UP THAT QUICK, THAT IT WASN'T PLANNED.

UM, AND WE WOULD HAVE TO ALLOW ALL THE OTHER BUSINESSES TO DO IT AS WELL.

AND IF YOU'VE EVER BEEN TO A WAREHOUSE FIRE, UM, THEY'RE BLOWING AND GOING.

I MEAN, YOU HOPE THAT YOU CATCH IT WITHIN FOUR HOURS IF THAT'S WHAT THE FIRE RATING IS FOR.

UM, BUT THEY'RE NASTY.

AND IT WOULD CERTAINLY SPREAD TO ALL OF THESE BUILDINGS IF IT WAS IN THE MIDDLE OF THE NIGHT.

AND AS FAR AS ON, I'M GONNA SAY THE LIFE SAFETY THAT WE, WE DID ADDRESS THAT.

MM-HMM.

, UM, I DID HAVE THAT INSPECTED.

EVERYTHING'S GOT THE LIGHTS ON INSIDE.

UM, YOU KNOW, WE, WE KIND OF WENT THROUGH TO MAKE SURE THAT WE WERE GONNA BE SAFE.

THAT WAS THE FIRST THING.

AS FAR AS ON HOW QUICK THE BUILDING WENT UP, I CAN ATTEST THERE WAS NO PLAN ON PUTTING A METAL, METAL BUILDING UP.

I DID NOT HAVE ANY PLAN ON THAT UNTIL WE STARTED FLOODING.

I DON'T KNOW ON TIMEFRAME.

Y'ALL HAVE MORE OF THE DATES RIGHT IN FRONT OF YOU, BUT THAT SLAB WAS DONE.

GOTTA BE HONEST WITH YOU.

I ALSO DIDN'T KNOW YOU HAD A, UM, I GUESS A POST INSPECTION ON A SLAB.

I DIDN'T KNOW THAT CAME OUT AND LOOKED AT IT AFTER THE CONCRETE WAS POURED.

I KNOW.

PRE, PRE-INSPECTION, YES.

BUT POST, I NEVER KNEW THAT.

UM, SO I DIDN'T EVEN KNOW ABOUT THAT PART.

WHEN THEY'RE SAYING THAT'S WHENEVER THEY NOTICED THE METAL BUILDING.

BUT THE, UH, THE METAL BUILDING DID GO UP.

IT WAS NOT THAT NEXT WEEKEND.

IT WASN'T TWO DAYS LATER.

I DON'T KNOW IF THE DATES ARE DIFFERENT, BUT IT WAS LIKE A WEEK LATER AND WHENEVER WE CAME BACK IN FLOODING AND I SAID, MY GOD, I GOTTA DO SOMETHING.

UM, I KNOW TALKING TO MARK, HE, HE MADE A COUPLE, UH, SUGGESTIONS.

OF COURSE, THIS IS AFTER GOING THROUGH PERMITTING AND UM, AND GOT THE LIST OF WHAT WOULD NEED TO BE DONE.

IT WAS, YOU KNOW, WHY NOT CHISEL OUT ALL THE CONCRETE GOING ALL THE WAY ACROSS THE LITTLE BIT YOU SEEN JUST AT THE DOORWAY.

THAT WAS FOUR HOURS.

AND THAT IS A ROUGH, ROUGH CHISEL.

I MEAN, IT WASN'T SMOOTH TO GO THROUGH AND DO 2300 SQUARE FEET.

UM, AGAIN, I'M NOT A CONCRETE GUY.

MAYBE THEY'D BE QUICKER AND STUFF.

I DON'T KNOW.

DID NOT THINK ABOUT THAT.

THAT WASN'T SOMETHING THAT CROSSED MY MIND.

I JUST MORE OR LESS SAID, MY GOD, I GOTTA DO SOMETHING.

SO AGAIN, JUST, YOU KNOW, I KNOW YOU AS BUSINESS OWNERS, LIKE, I GOTTA GET SOMETHING DONE.

I GOTTA REACT.

AND, AND THAT'S WHAT I DID, UM, ON THERE.

SO I DO APOLOGIZE BY NOT GETTING PERMITS, BECAUSE LIKE I SAID, I KNOW, BUT WHENEVER YOU HIRE ME, I PULL THE PERMIT.

I'M NOT ASKING YOU AS A HOMEOWNER OR EVEN COMMERCIAL.

WE DO A LOT OF COMMERCIAL TOO, AND THEY DON'T PULL PERMITS.

WE DO.

THAT'S ON US.

YEAH.

AND FOR US, I MEAN, WE'RE NOT REALLY, UM, UH, WE'RE JUST DEALING WITH THE BIG PICTURE AND IT COMES DOWN TO IS IT A HARDSHIP OR WAS IT SELF-IMPOSED? AND JUST FROM MY POINT OF VIEW, IT LOOKS LIKE A SELF-IMPOSED HARDSHIP, UNFORTUNATELY.

OKAY.

BUT THAT'S JUST MY POINT OF VIEW.

I HAVE A QUESTION FOR, I'M NOT SURE, DO I HAVE THIS MIC ON? I MM-HMM.

[00:30:01]

PROBABLY NOT.

MM-HMM.

OKAY.

WE CAN HEAR YOU.

UM, I HAVE A, FOR THE, UH, FIRE ALL YOU DO.

MY NAME'S LARRY.

I'M WITH THE FIRE MARSHAL'S OFFICE.

I'M ONE OF THE DEPUTY MARSHALS.

WELL, THANK YOU FOR COMING.

UM, THE, IT'S, IT'S CLEAR THAT AT LEAST THE WRITEUP AFTER THE FACT IS THAT THE FIRE DEPARTMENT DOES NOT HAVE A CONCERN.

I, THE ONLY CONCERN I HAVE IS THESE LOTS ARE REALLY CLOSE TOGETHER.

ONE OF 'EM HAS A METAL FENCE WITH BARB WIRE ACROSS THE TOP OF IT, AND ONLY THREE AND A HALF FEET OF ENGAGEMENT SPACE WITH THE AIR CONDITIONING UNITS.

TWO AIR CONDITIONING UNITS DOWN THE SIDE.

THE OTHER ONE HAS FIVE AND A HALF FEET WITH CURRENTLY NO FENCE.

UM, BUT IF THE OTHER OWNER DECIDES TO PUT IN A FENCE, I DON'T THINK THERE'S ANY WAY THAT THE CITY COULD PREVENT THE OWNER EITHER A CURRENT OWNER OR LET'S SAY A FUTURE OWNER IF THAT PROPERTY GETS SOLD.

MY QUESTION TO YOU, IF FENCING WAS PUT IN ON THE LOT LINES AND PUT TO A SIX FOOT HEIGHT OR HIGHER EIGHT FOOT HEIGHT, TO WHAT DEGREE IS THAT? IS, IS THE FIRE DEPARTMENT STILL COMFORTABLE THAT EVERYTHING IS SAFE AND THAT THEY'RE GOING TO BE ABLE TO FIGHT, UH, A FIRE IN ANY OF THOSE? THE, THE PROPERTY THAT'S BEING LOOKED AT NOW, AS WELL AS THE PROPERTY ON EITHER SIDE OF IT.

SO LOOKING AT THE PROPERTY, WE REQUIRE 36 INCHES IS THE MINIMUM FOR OUR SPACING FOR, FOR THAT ACCESS.

THAT'S A MINIMUM OF 18 GAUGE.

SO IT MEETS WHAT WE CALL A TWO HOUR RATING.

WE ALSO MEASURE THE DISTANCE FROM THE FRONT ROADWAY, WHICH IS 150 FEET.

HE'S RIGHT AT THAT 150 FEET.

IF YOU DO IT DIRECTLY AS THE CROW FLIES, IT IS, IT IS ONE OF THOSE CASES.

YOU KNOW, ONE OF THE SUGGESTIONS, UH, ONE OF THE THINGS THAT I DID PUT ON THERE THAT IF IT WAS APPROVED FOR THE VARIANCE, HE WAS GONNA HAVE TO ADD A BACK DOOR FOR AN ADDITIONAL ESCAPE.

AND, YOU KNOW, ENTRANCE AT THAT LOCATION WHEN I DID THE INSPECTION, HE HAS WHAT WE WOULD CONSIDER A LOW HAZARD BECAUSE OF HIS PACKING.

YOU KNOW, HE'S STILL GOT CARDBOARD, HE'S STILL GOT THINGS LIKE THAT.

HE HAS A FEW ITEMS THAT WOULD BE CONSIDERED THAT WOULD BE A, A HIGH PILED STORAGE OVER 12 FEET.

HE SAID HE WOULD MINIMIZE SOME OF THAT.

SO MAYBE IN THE FUTURE, ALSO LOOKING TO GET AN EARLY DETECTION SYSTEM, MAYBE ADDING HIS, UH, SMOKE ALARMS AND STUFF LIKE THAT.

THEREFORE, THERE WOULD BE EARLY DETECTION FOR THAT.

AND THEREFORE THAT MINIMIZES YOUR RISK FOR EITHER SIDE, YOU KNOW, COMING IN, NOT SAYING WHAT HIS NEIGHBORS GOT OR HIS OTHER NEIGHBORS GOT.

BUT FOR US, WE COULD HAVE ADEQUATE PROTECTION.

WE ALSO LOOKED AT THE CIRCULAR, UH, REACH FOR THE AREA APPARATUS ON THE OTHER SIDE.

TOOK THAT INTO CONSIDERATION WHEN I, WHEN I GAVE MY RECOMMENDATIONS TO THE CHIEF AND THEY WERE, THEY WERE GOOD WITH THAT.

SO IS IT, IT'S ALWAYS A RISK, YOU KNOW, WHEN YOU, WHEN YOU ADD SOMETHING LIKE THAT.

BUT IF IT WAS CONFORMING AS FAR AS THE LIFE SAFETY AND HIM BEING A LOW HAZARD, WE, WE FELT COMFORTABLE THAT WE COULD STILL DO ADEQUATE PROTECTION THERE.

OKAY.

THANK YOU VERY MUCH.

I JUST HAVE A QUICK QUESTION.

IS THE BUILDING SPRINKLED? I WAS ABOUT TO, NO.

OKAY.

NO FURTHER THAT, IS THERE ANY REQUIREMENT THAT A PARTICULAR BUILDING LIKE THAT REQUIRE ANY SPRINKLER SYSTEM? NOT WITH THE CLASSIFICATION OF HIS HAZARD.

ONCE THEY'VE REACHED THE 12,000, IT'S AUTOMATIC, REGARDLESS OF THE HAZARD.

BUT RIGHT NOW, NO, HE DOESN'T, HE WON'T REACH THAT MAXIMUM.

YOU MENTIONED HIGH PILE, YOU SAID THERE WAS HIGH PILES.

SO ANYTHING THAT'S ABOVE 12 FEET, RIGHT UNDER OUR NEW CODE IS REQUIRED HIGH PILE STORAGE AND THEREFORE HAS TO BE PERMITTED.

THEREFORE, THAT IS FOR THE SAFETY OF THE FIREFIGHTERS.

AS THEY ENTER THAT, YOU KNOW, THAT, HEY, YOU MIGHT HAVE AN EXTRA HAZARD HERE.

SHE MAY HAVE STUFF THAT COLLAPSES FROM A HIGH RANGE MM-HMM.

OPPOSED TO LOOKING AT WHAT THEY CAN SEE.

MM-HMM.

.

BUT, BUT WHAT YOU'RE SAYING IS, IS THEY DON'T HAVE, THEY HAVE, THEY HAVE SOME RACKING THAT IF THEY STACK STUFF ON TOP OF IT, IT WOULD BE ABOVE THAT 12 FEET.

IT WOULD BE HIGH PILE IF THEY USED IT.

YEAH.

IT'D BE CONSIDERED HIGH PILE.

AND SO THAT WAS THE ONLY THING THAT ME AND HIM DISCUSSED THERE.

SAY, HEY, YOU MIGHT WANNA WATCH WHERE YOU DO THIS OR SIMPLY PERMIT IT.

MM-HMM.

, YOU KNOW, IF HE GETS PERMITTED, I MEAN, HE'S GOT STUFF IN THERE NOW THAT HE'S GOT THE ABILITY TO DO IT, DOESN'T NECESSARILY HAVE THE, THE INVENTORY TO HAVE TO DO IT.

MM-HMM.

.

SO, YOU KNOW, HE SAYS, HEY, YEAH, I CAN KEEP ALL THIS DOWN LOW AND, AND STUFF.

HE, HE WAS VERY QUICK TO REACT TO.

THERE WERE SOME AISLE ISSUES THAT I HAD ON THERE AND THEY WERE QUICK TO REACT TO CLEAR THAT.

SO TO MAKE SURE THAT THERE'S DIRECT PATHS, NO DEAD ENDS, STUFF LIKE THAT, WHICH YOU DON'T WANT.

FIREFIGHTERS GOING TO A DEAD END PATH AND NOT HAVING TO WAY BACK OUT OF IT.

CORRECT.

AND THINGS LIKE THAT.

SO THEY, THEY WERE QUICK AT TAKING CARE OF THAT.

OKAY.

THANK YOU.

I DO HAVE A FEW QUESTIONS OF, OF THE OWNER REGARDING PARKING.

[00:35:02]

UM, BASED ON THE CITY AND MAYBE THE FIRST ONE'S ACTUALLY TO MARK, UH, WHEN THE PROPERTY WAS INITIALLY PURCHASED IN 1990, WERE THERE ANY PARKING REQUIREMENTS AT THAT POINT IN TIME FOR THE EXISTING BUILDING OF 6,000 SQUARE FEET? THAT'S UNDETERMINED.

UM, BECAUSE A LOT OF OUR REGULATIONS THAT STEM NOW STEM OUT OF OUR ZONING ORDINANCE, WHICH WAS PUT IN PLACE WHEN THE CITY ADOPTED, UH, ZONING IN AUGUST OF 1999.

UM, SO MOST LIKELY GRANDFATHER INFORMATION MORE THAN LIKE THAT WE'RE, WE'RE GATHERING.

SO IF THERE WERE, IT WOULD'VE BEEN A SEPARATE ORDINANCE.

WE HAVE NOT COME ACROSS THAT.

UM, WE KNOW THAT THERE WAS A SUBDIVISION ORDINANCE AT THE TIME, BUT AS FAR AS ACTUALLY GETTING LIKE PARTICULAR LIKE DEVELOPMENT TYPE RELATED CODES, I HAVE NOT SEEN ANY.

OKAY.

THEN, THEN I WILL, THANK YOU, MARK.

AND THEN I WILL SAFELY ASSUME THEN IF WE'RE GONNA HAVE ANY ISSUE WITH THE PARKING.

IT'S REGARDING THE EXPANDED, UM, 2000 PLUS FEET, WHICH IS REQUIRES, UM, A TOTAL OF, UH, NINE PARKING SPACES IN TOTAL, WHICH THE CITY SAID WOULD ONLY ACCOMMODATE FIVE, SIX, AND TWO TO FOUR MAY BE AVAILABLE FROM NEIGHBORS.

MY ONLY QUESTION REGARDING THE NEIGHBORS, ARE THEY WILLING TO SIGN A CONTRACT IN PERPETUITY THAT THEY'LL ALWAYS GRANT YOUR BUSINESS? BECAUSE I'M OF THE AGE THAT I PLANT TREES THAT I WILL NEVER SEE FULLY GROWN.

AND SO I KNOW THAT BUSINESSES WILL PASS ON TO OTHER PEOPLE.

UM, GOOD, GOOD QUESTION.

UH, THE LETTERS THAT THEY GAVE ME DID NOT HAVE A TIMEFRAME.

SO THE FOREVER, I DON'T KNOW.

UM, BUT ON OUR PARKING LOT, WHEN YOU LOOK AT IT RIGHT NOW, WE JUST PARKED DOWN ONE SIDE AND THEN IF WE GO ALL THE WAY ACROSS, WE CAN GO BACK UP TOWARDS WHERE THE TRASH CAN IS.

I THINK WE CAN PROBABLY EVEN HIT THAT NUMBER JUST IN OUR OWN EXISTING PARKING LOT ON THE NINTH.

OKAY.

THANK YOU.

UH, DO WE HAVE ANY ADDITIONAL QUESTIONS? NO, I DO NOT.

NOW.

YOU STOLE ALL MY GOOD QUESTIONS.

.

SORRY.

NO, THAT'S REALLY GREAT.

OKAY.

UM, ALL RIGHT.

THANK YOU.

THANK YOU FOR COMING UP HERE AND SPEAKING.

UH, WE HAVE A MOTION ON THE TABLE TO APPROVE, UH, THE VARIANCES AS, UH, AS LAID OUT, LAID OUT IN THE, UH, IN THE PACKET THAT WE GOT.

SO, UH, AT THIS, AT THIS POINT, I THINK, UM, UNLESS THERE'S FURTHER DISCUSSION FROM THE BOARD, AMONGST THE BOARD, UM, I'M GONNA ASK FOR A VOTE.

OKAY.

UH, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

AND ALL THOSE OPPOSED, SAME SIGN.

OPPOSED.

AYE.

OPPOSED? AYE.

MOTION FAILS.

UH, ONE VOTE TO THREE.

OKAY.

THANK YOU.

ALL RIGHT.

[5. Other Business]

ITEM FIVE, OTHER BUSINESS.

CONSIDER AND TAKE ACTION ON THE ZONING BOARD OF ADJUSTMENTS, BUILDING AND STANDARDS COMMISSION MEETING DATES FOR 2024.

OKAY.

EVERYBODY HAS THE CALENDAR IN FRONT.

YEAH, THIS IS JUST, AGAIN, ANNUAL HOUSEKEEPING.

JUST TRYING, TRYING TO TAKE CARE OF STUFF.

UM, TYPICAL CALENDAR, AGAIN, USUALLY KIND OF OUR HICCUP IS JULY.

AND AGAIN, BECAUSE JULY 4TH FALLS ON A THURSDAY, UH, WE PROPOSE TO GO ON THE 11TH.

I'M AVAILABLE FOR ANY QUESTIONS.

DOES ANYBODY ON THE BOARD HAVE ANY ISSUES WITH ANY OF THESE DATES? ONLY, ONLY THAT I, THERE'S ABOUT THREE OF THEM THAT I KNOW I HAVE KNOWN, KNOWN CONFLICTS WITH ALREADY.

I'M GOOD WITH IT.

OKAY.

UM, WHAT WE'LL DO IS WE'LL HAVE A MOTION TO APPROVE THE, UM, THE CALENDAR AS IS.

I SO MOVE.

I'LL SECOND MR. PERSON AND MS. BEWA SECONDS.

ALL THOSE IN FAVOR? SIGN FIVE BY SAYING AYE.

AYE.

ALL THOSE OPPOSED HEARING NONE.

FOUR ZERO.

THE MOTION PASSES.

[6. Staff Comments ]

OKAY.

ITEM SIX.

STAFF COMMENTS.

STAFF HAVE ANY COMMENTS? UH, JUST A REMINDER, UM, STAFF DID SEND OUT AN EMAIL YESTERDAY REMINDING, UH, THOSE COMMISSIONS 'CAUSE WE DO HAVE, UH, THE POSITIONS COMING UP TOWARDS THE END OF THE YEAR.

WE ALWAYS HAVE EXPIRATION OF TERMS. SO IF YOUR TERM IS COMING UP, YOU SHOULD HAVE RECEIVED AN EMAIL.

IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT STAFF OR CONTACT THE CITY SECRETARY'S OFFICE.

UM, AGAIN, JUST TO FOLLOW UP, THE CITY SECRETARY'S OFFICE DID INDICATE THAT THEY DO INTEND TO START COMPILING THOSE APPLICATIONS

[00:40:02]

MID TO LATE OCTOBER WITH THEIR INTENT TO TAKE IT TO CITY COUNCIL FOR CONSIDERATION IN THE FIRST PART OF NOVEMBER.

OKAY.

THANK YOU.

ALL RIGHT.

WITH THAT, UM, WE CAN ADJOURN THE MEETING, UH, AT SIX 40.

THANK YOU VERY MUCH.