[I. COMMENCEMENT]
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NOTICE IS HEREBY GIVEN OF A JOINT PUBLIC HEARING BETWEEN CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY POLICE DETECTIVE AND THE PUBLIC HEARING WITH THE COUNCIL ACTING AS THE BOARD OF ADJUSTMENTS OF APPEAL FOLLOWED BY REGULAR COUNCIL.MEETINGS BE HELD ON THURSDAY, APRIL 25TH, 2024 AT 7:00 PM FROM THE COUNCIL CHAMBER OF CLINTON CITY HALL, LOCATED AT 1 0 8 MAIN STREET, FLUTE, TEXAS 7 7 5 3 1.
FOR THE BELOW LISTED ITEMS, CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME DURING THE COURSE OF THIS MEETING TO DISCUSS ANY MATTERS LISTED ON THE AGENDA AS AUTHORIZED BY THE TEXAS GOVERNMENT CODE, INCLUDING LIMITED TO SECTIONS 5 5 1 0 7 1.
CONSULTATION WITH AN ATTORNEY, 5 5 1 0 7 2 DELIBERATION ABOUT REAL PROPERTY 5 5 1 0 7 3 DELIBERATION ABOUT GIFTS OF DONATIONS 5 5 1 7 4 PERSONNEL MATTERS.
5 5 1 0 7 6 DELIBERATION ABOUT SECURITY DEVICES 5 5 1 0 8 7.
ECONOMIC DEVELOPMENT 4 8 7 5 1 8 3 DELIBERATIONS ABOUT HOME AND SECURITY ISSUES AND IS AUTHORIZED BY THE TEXAS TAX CODE INCLUDING UNLIMITED SECTION 3 2 1 3 2 2 SALES TAX INFORMATION.
THE AGENDA, AGENDA PACKET MEETING LINK BE POSTED ON THE C WEBSITE AT WWW TEXAS DO GOV TO ADDRESS THE COUNCIL DURING PUBLIC COMMENTS.
THE GENERAL PUBLIC COMMENT FORM MUST BE COMPLETED AND PRESENTED TO THE CITY CLERK BEFORE THE START OF THE COUNCIL MEETING.
SPEAKERS MUST DESERVE THE FIVE MINUTE TIME LIMITATION.
NO REGISTRATION IS REQUIRED FOR PUBLIC COMMENTS FOR THE PUBLIC HEARING ENFORCEMENT OF THE MEETING.
THE RECORDING OF THE VIDEO MEETING WILL BE MADE AVAILABLE UPON WRITTEN REQUEST TO THE PUBLIC IN ACCORD WITH OPEN MEETING TIME.
THE MEETING HAS NOW BEEN CALLED TO ORDER, UH, MR. BOND.
MR. KEEN, ONE OF Y'ALL HERE TO GIVE US AN IMPLICATION.
DEAR FATHER, WE WANT TO THANK YOU FOR THIS DAY.
LORD, WE JUST THANK YOU FOR THE OPPORTUNITY TO COME HERE AND REPRESENT OUR CITIZENS AND WE JUST HOPE THAT YOU GOT US AND MAKING ALL THE DECISIONS THAT WOULD BE IN YOUR HONOR, LORD, AND WHAT WOULD BE, UH, WHAT WOULD BE BEST FOR THE CITIZENS AS WELL AS THE CITY.
LORD, WE JUST ASK THAT YOU BLESS EVERYONE HERE.
LORD ALWAYS LOOK OUT FOR ALL OUR FIRST RESPONDERS AND OUR WORKERS, AND WE ASK THAT YOU JUST CONTINUE TO BLESS OUR CITY AS YOU ALWAYS HAVE.
HOLY, WE PRAY TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH STANDS, ONE NATION UNDER GOD, INDIVIDUAL WITH LIBERTY AND JUSTICE FOR ALL.
NEXT I WOULD BE THE ROLL CALL CITY COUNCIL CALVIN SHIP.
ERIC AGUILAR PRESENT, MADDOX PRESENT.
JOE LOPEZ PRESENT, FRANCIS VAUGHN PRESENT ZONING COMMISSION CARRY CALLS UP TO ORDER AND HAVE ROLL CALL.
CALL PLANNING IS ZONING INTO ORDER.
[II. JOINT PUBLIC HEARING - REPLAT- 300, 300A & 304 COMMERCE STREET]
FOR D CLASS? 300.FIRST ITEM IS, UH, READ THE LEGAL REQUIREMENTS, UH, TO ALL PURPOSES AND INTEREST CITIZENS CORPORATION FIRMS OR AGENTS AND ATTORNEYS AND TO ALL PERSON FIRMS OR CORPORATIONS OWN ANY INTEREST LAND LOCATED WITHIN THE CORPORATE LIMITS OR EXTRA TERRITORY OF JURISDICTION OF THE CITY, COUNTY, TEXAS, OR WITHIN 200 FEET OF THE PROPERTY.
DESCRIBED IN THIS NOTICE, NOTICE OF PUBLIC HEARING, A JOINT PUBLIC HEARING IN CITY COUNCIL AND PLANNING.
THE ZONING COMMISSION WILL BE HELD ON THURSDAY, THE 25TH DAY OF APRIL, 2024 AT 7:00 PM FROM THE CITY HALL OF THE CITY OF FLUTE, BRAZO COUNTY, TEXAS, LOCATED AT 1 0 8 EAST MAIN STREET.
FLUE, TEXAS JOINT PUBLIC HEARING WILL ALSO BE AVAILABLE FOR YOU ON THE CITY'S WEBSITE AT WWW FLU TEXAS GOV.
AT WHICH TIME AND PLACE THE CITY COUNCIL AND PLAIN ZONING COMMISSION WILL CONSIDER THE APPROVAL PURSUANT OH OH ONE FOUR OF THE LOCAL GOVERNMENT CODE FOR A PLA OF THE FOLLOWING.
SUBDIVISION LOCATED THEREIN, A RELA OF THE FOLLOWING PROPERTY LISTED BELOW.
PROPERTY ID 19 1 9 2 0 63 BCIC DIVISION 14 LOT 5 72 B ACRES 3 1 2 A 0 9 8 CLUE PROPERTY ID 1 9 2 0 6 OH BCI 14 LOT 5 69 B ACRES 1 9 8 A 0 0 4 9 8.
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A 0 0 4 9 8 CAL, DIVISION 14 BCIC CL LOT TWO LOT ONE DASH TWO SINCE US 300, 300 A AND 304 COMMERCE STREET FLU, TEXAS.THE PURPOSE OF THIS IS DIVIDING SUBDIVIDING FOUR LOTS INTO TWO LOTS SIGNED BY ROSE APPOINTMENTS CLERK TO INCLUDE.
NEXT ITEM WOULD BE TO NOTE THE PUBLISHER'S AFFIDAVIT AND IT WAS PUBLISHED IN THE, THIS PUBLIC HEARING WAS PUBLISHED IN THE BRAD ON FOUR NINE OF 24.
THE NEXT ITEM WAS NOTE LIFT PROPERTY OWNERS AND THERE WERE OCTOBER 21 MAILING SENT OUT.
20 WERE DELIVERED AS ONE WORD RETURN SO NEARLY EVERYONE NOTIFIED.
FIRST ITEM IS OPEN THE FLOOR FOR DISCUSSION.
AND THE FIRST ITEM IS THOSE IN FAVOR OF THE RELA AND THE FIRST ITEM IS TO READ LETTERS.
I SEE NONE IN THE PACKAGE, SO WE'LL MOVE TO ANYONE PRESENT.
FAVOR THE RELA MR. MR. COX, MR. WOULD I, YOU GENTLEMEN WISH TO ADDRESS COUNSEL ONE OF Y'ALL WANT TO SPEAK OR, UM,
UH, 2 21 DWBERRY LAKE JACKSON.
I'M JUST HERE REPRESENTING MY MOTHER AND AND DAD'S ESTATE AND JUST, UH, CERTAINLY ARE IN FAVOR AND ASK FOR YOUR ALL FAVORABLE CONSIDERATION OF RELA.
NEXT ITEM WOULD BE THOSE OPPOSED TO THE REPL.
THE FIRST ITEM IS TO HEAR LETTERS FROM I HAVE NONE IN THE PACKAGE.
NEXT WOULD BE TO HEAR FROM ANYONE PRESENT.
COMMENTS FOR PLANNING, ZONING, COMMISSION.
ANYBODY GOT ANY COMMENTS? NO COMMENTS, MAYOR.
COMMENTS FROM MAYOR CITY COUNTY? I THINK IT'D BE A REALLY NICE ASSET TO THAT PART OF THERE.
SO THIS IS HOW IT BROKEN UP INTO THE TWO PARTS OF WHAT WE'RE TALKING ABOUT, CORRECT? YES, MA'AM.
I SAW SOME HOUSES THAT WAS THERE.
YEAH, THE DORSETT FACING SIDE PARTIALLY IS IN THE, UH, IT'S ALL CT NOW THAT I THINK ABOUT IT.
IT'S, YEAH, YOU'VE GOT THE AUTO SHOP AND THEN YOU'VE GOT THE, UH, THE STORAGE HERE.
AND I DO WANT TO THANK MR. BROWN FOR ASSISTING US WITH THE UH, WORKING PUBLIC WORKS PROJECT OVER THERE RIGHT NOW.
ANY OTHER QUESTIONS? COMMENTS FOR MAYOR? NEXT I WILL BE TO CLOSE DISCUSSION AND HEAR A RECOMMENDATION FROM PLANNING ZONING COMMISSION.
ON THE FINAL A MOTION, I MAKE A MOTION AND THIS REFL BE APPROVED.
SECOND, IT UH, WE HAVE A MOTION TO SECOND.
CARRIE, WE UH, RECOMMEND THAT COUNSEL GO AHEAD AND APPROVE THIS REPLANT WITH ALL THE NORMAL STIPULATIONS THAT ARE INTACT WITH THE ORDINANCE.
NEXT ITEM WILL BE CONSIDERATION OF POSSIBLE ACTION FROM THE CITY COUNCIL TO APPROVE OR DENY RECOMMENDATION FROM THE PLANNING ZONING COMMISSION FOR THE FINAL PLAT PLANNING ZONING HAS RECOMMENDED THAT THE FINAL PLAT BE APPROVED.
I'LL MAKE THE MOTION TO APPROVE.
HAVE A MOTION BY COUNCIL AGUILAR.
WE'LL, NOW ADJOURN THE PUBLIC HEARING.
IS ZONING COMMISSION CARRIED TO ADJOURN? MOTION.
[III. PUBLIC HEARING - CITY COUNCIL AS BOARD OF ADJUSTMENTS AND APPEALS]
PUBLIC HEARING.CITY COUNCIL SET SETTING AS A BOARD OF ADJUSTMENTS AND APPEALS AND THE LEGAL REQUIREMENTS AND
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ALL PERSONS AND CORPORATIONS, FIRMS OR AGENTS, ATTORNEYS, ALL PERSONAL FIRMS OR CORPORATIONS ONLY ANY LOCATED WITHIN THE CORPORATE LIMIT OR EXTRACURR.JURISDICTION OF THE CITY OF FLUTE COUNTY, TEXAS.
TWO FEET APPRO PRESCRIBED IN THIS NOTICE.
NOTICE THE PUBLIC HEARING WILL BE HELD ON THURSDAY, THE 25TH DAY OF APRIL AT 7:00 PM FROM THE CITY HALL OF CITY OF FLUTE COUNTY, TEXAS.
THE PUBLIC HEARING WILL ALSO BE AVAILABLE TO THE CITY'S WEBSITE AT WWW TEXAS GOV AT WHICH TIME AND PLACE THE CITY COUNCIL ACTING AS A BOARD OF ADJUSTMENT OF THE CITY WILL CONDUCT A PUBLIC HEARING TO CONSIDER THE QUESTION OF A VARIANCE FOR THE FOLLOWING.
DESCRIBED REAL PROPERTY LYING AND SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY DUE WITH LEGAL DESCRIPTION HIM ON FOREST.
A 0 0 6 6 J GROVE BLOCK THREE.
3 0 8 NORTH SHANKS PROPOSED USE PATIO ENCROACHMENT INTO THE SETBACK REQUIREMENT.
ALL INTERESTED PERSONS WILL BE GIVEN AN OPPORTUNITY TO PRESENT EVIDENCE CONCERNING THE ABOVE.
QUESTIONED IN FAVOR OR AGAINST THE SAME WRITTEN COMMENTS WILL BE ACCEPTED AT THE CITY MANAGER'S OFFICE UNTIL 5:00 PM ON THE DAY OF THE PUBLIC HEARING, ALL BAIL SHOULD BE ADDRESSED.
OFFICE OF THE CITY MANAGER, THE CITY OF EAST MAIN STREET, TEXAS 7 5 3.
AND NOTE OF PUBLISHER'S AFFIDAVIT, IT WAS PUBLISH IN BRAD FACTS ON APRIL THE NINTH, 2024.
THERE WERE A TOTAL OF 28 SENT OUT DURING RETURN.
SO AGAIN, MOST EVERYONE IS NOTIFIED.
WE NOW HAVE PUBLIC COMMENTS ON THE BARRIERS TO ALLOW ENCROACH OF THE BUILDING.
THAT BUILDING LINE SET BACK AT THE PROPERTY LOCATED AT 3 0 8 NORTH SHANKS, LEGALLY KNOWN AS EMERAL FOREST 0 0 6 6 J GROVE.
COULD WE PULL THAT UP ON GOOGLE? YOU HAVE THAT, THAT QUESTION HERE IS THE SIDE SETBACK REQUIREMENT, UH, WOULD ALLOW, UH, THIS COURT, I GUESS IS THE BEST WAY TO PUT IT.
PERGOLA WAS BUILT, UH, IN SUCH A MANNER THAT ACTUALLY ENCROACHES THE SIDEWALL OR THE SIDE POSTS.
UH, 'CAUSE THAT'S WHAT WE MEASURE WHAT WOULD BE THE WALL ACTUALLY ENCROACHED INTO THE BUILDING SETBACK REQUIRED.
UH, SO IN THIS CASE, UH, COUNSEL, I THINK HE HAS A FORM BEFORE YOU SIDELINE, UH, THE SIDELINE, THE SIDE BUILDING LINE, UH, YOU HAVE THE FORM THAT MR. DUNCAN HAS PREPARED.
UM, THERE ARE ESSENTIALLY FOUR QUESTIONS THAT YOU HAVE TO ANSWER AND UH, I DON'T IS THE PROPERTY OWNER HERE? NO.
SO DID I READ, WRITE THAT? IT IS, HOW MUCH? IS IT AN INCH? INCH OF INCH AND A HALF.
IS THAT IT'S A LITTLE BIT MORE THAN THAT I THOUGHT.
SO IT'S ON THE SIDE, IT'S ON THE BACK.
YEAH, IT'S IN THE BACK AREA, BACK CORNER OF THE PROPERTY.
AND I APOLOGIZE, MR. HASLIP IS NOT HERE TO ANSWER SPECIFIC QUESTIONS ABOUT THE DIMENSIONS, BUT THE OWNER IS.
SO, SO IT'S 4.7 FEET FROM THE POST TO THE FENCE LINE.
SO IT'S NOT THE CONCRETE THAT'S ENCROACHING, IT'S THE, IT'S THE ACTUAL POST STRUCTURE.
THE POST THE STRUCTURE THAT WAS TRUCTURE, THAT, THAT WAS BUILT OVER THE PAD.
IT SHOULD BE FIVE FEET, CORRECT? SIX.
ARE THERE ANY UTILITY LINES OR ANYTHING UNDERNEATH THERE THAT, UH, NOT UNDERNEATH, NO MA'AM.
I THINK THERE ARE IN THE BACK, CORRECT.
THE UTILITY EASEMENT IS OVER THE TOP OF THE PROPERTY.
THE, ALL THE UTILITIES HAVE RUN ABOVE.
WHEN WAS IT BUILT? UH, IT WAS CONSTRUCTED,
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UH, WEEKS AGO.AND HOW LONG HAS THE CONCRETE BEEN THERE? THAT I'M NOT SURE OF.
WAS THE CONCRETE THERE WHEN YOU PURCHASED THE PROPERTY? YES, AND I TOOK, I LOOKED AT BACK AT SOME AERIAL VIEWS, SO IT LOOKS LIKE IT'S PROBABLY BEEN THERE OVER 15 YEARS.
I KNOW MY NEIGHBORS PROBABLY KNOW.
I DON'T KNOW IF THERE WAS, IT LOOKED LIKE THERE WAS A STRUCTURE THERE BEFORE.
UM, BUT WHEN WE BROKE OUT THE DRIVEWAY, THERE WAS ABSOLUTELY NO, UH, REBAR.
SO WE WERE AFRAID TO PUT THOSE SIX BY SIX POSTS ON THAT SLAB.
WE DON'T SEE ANY SIGNS OF REBAR IN THAT SLAB WHATSOEVER.
SO, UM, WE DID PUT THE POSTS ON THE OUTSIDE.
THE POSTS THAT WE PURCHASED ARE 12 FEET, SO THEY'RE PROBABLY DUG ABOUT FIVE FEET IN THE GROUND WITH CONCRETE, UM, TO STABILIZE THEM.
AND THAT WAS, UH, CHECKED BY PAUL.
WIND STORM INSPECTOR WENT OUT THERE TO INSPECT IT.
UM, MY UNDERSTANDING, WE WERE ABOUT SIX INCHES OFF.
AND I KNOW NOW THAT YOU'RE SAYING WE'RE A FOOT OFF, ALMOST A FOOT.
YEAH, MY IMPRESSION, WE, WE WERE SIX INCHES OFF.
I THINK IF HAD WE PUT THE POST ON THE CONCRETE EXISTING CROCK SLAB THAT'S BEEN THERE FOR, I DON'T KNOW, MY NEIGHBORS PROBABLY KNOW.
HOW LONG HAS THAT SLAB BEEN THERE? 15 YEARS.
WHEN I LOOKED AT SOME AERIAL VIEWS, I KIND OF WENT BACK AND TRIED TO PULL AS I TRIED TO PULL AS MANY AERIAL VIEWS AS FARTHEST BACK THAT I COULD.
UM, AND TO ME IT LOOKS LIKE 15 YEARS PERMIT.
SO HOW DID WE FIND OUT IF IT'S IN THE BACKYARD? ONLY A FOOT OFF.
HOW DID WE FIND OUT THAT IT WAS BEING BUILT? UH, WE WERE ALERTED TO SOME WORK BEING DONE ON THE PROPERTY.
UH, THAT WAS WITHOUT A PERMIT AT THAT TIME.
AND JERRY MADE AN INSPECTION AND DISCOVERED THE STRUCTURE BEING CONSTRUCTED.
SO THIS WAS BUILT WITHOUT A PERMIT AT THAT TIME? IT WAS CONSTRUCTED.
THEY CAME IN AND GOT A PERMIT AFTER THE CONSTRUCTION THAT INITIATED.
AND THAT WAS THE SAME AS THE HOUSE AS WELL? THAT'S CORRECT, YES.
THE HOUSE, THE HOUSE DIDN'T REQUIRE A PERMIT BECAUSE WE WEREN'T, WE WEREN'T DOING ANYTHING.
WE WERE JUST DOING REALLY AND TRULY JUST, UH, WE REPLACED THE EXISTING WINDOWS AND PAINTED.
WE PAINTED THE EXTERIOR AND THE INTERIOR.
YOU DON'T HAVE TO HAVE PERMIT REPLACE THE ROOF.
UH, WHEN WE PULLED THE ROOF PERMIT IS WHEN THEY WENT OUT AND NOTICED THE STRUCTURE.
SO WHENEVER I ORIGINALLY PLANNED ON BUILDING, WE WERE JUST GOING TO PUT IT ON TOP OF THE CONCRETE.
WHEN I LEFT OUT OF TOWN, THE, THEY CALLED ME WHEN I WAS IN MEXICO AND THEY SAID, HEY, WE'RE GONNA PUT THE POST IN THE GROUND BECAUSE THIS SLAB DOESN'T HAVE ANY REBAR.
AT FIRST I WAS LIKE, ARE YOU SERIOUS? LIKE, AND HE'S LIKE, NO, THERE'S NOTHING.
AND IT'S ABOUT SIX INCHES OF SLAB.
AND THAT SLABS BEEN THERE 15 YEARS AND THEY KNEW IT DIDN'T HAVE ANY OR WERE THEY JUST GOING BY THE OTHER CONCRETE THAT WAS ON THE PORCH? YEAH, THE OTHER CONCRETE HAD, ABSOLUTELY.
SO I REALLY LIKE THE DRIVEWAY THAT WE REPLACED.
HERE'S THE PICTURES OF THE CONCRETE.
THAT DRIVEWAY HAD ABSOLUTELY ZERO REBAR IN IT.
SO LIKE I SAID, WAS THERE A STRUCTURE THERE BEFORE I DIDN'T FIND ANYTHING IN THE AERIAL VIEWS.
NOW THE NEIGHBOR SAID THEY'VE BEEN THERE AND I ASKED THEM, WAS THERE EVER A STRUCTURE ON THIS SLAB? AND THEY SAID NO.
I GUESS THE NEIGHBOR PLANNED ON MAYBE ONE TIME BUILDING WHAT WE BUILT.
AND THE REASON WE DECIDED TO BUILD THAT WAS BECAUSE THE HOME IS A VERY SMALL HOME.
AND SO WE WERE TRYING TO GIVE PEOPLE AN OUTDOOR LIVING TO BE OUTSIDE, YOU KNOW, THAT WAS THE IDEA BEHIND BUILDING THAT STRUCTURE.
THIS IS NOT MY PERMANENT HOME OR ANYTHING.
THIS WAS JUST A HOME THAT I, UM, UM, RAN INTO SOME HIGH SCHOOL FRIENDS AND WE MADE A BET THAT NONE OF US WOULD COME BACK AND LIVE IN CLU.
SO I SLEPT IN THE HOUSE ONE NIGHT.
SO, AND NOW IT'S FOR SALE FOR A FAMILY? HOPEFULLY, YES.
SO WE JUST BUILT IT REALLY NICE FOR SOMEONE TO COME MAKE THEIR, YOU SAID, YOU SAID YES, THERE'S A SPECIFIC THAT'S BEEN REPAIRED AND GUIDELINES THAT ARE FOLLOW FOR THE CHRIS, DO YOU WANNA EXPLAIN THE
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EVERY, EVERYBODY.AND THAT WE HAVE THE SAME RULES THAT APPLY TO, YOU KNOW, SETBACKS FOR LOCKS.
UM, UM, SO IF SOMEBODY WANTS TO GET A VARIANCE AND NOT COMPLY WITH THE SETBACKS, THEN THE, THE CASE LAW SAYS THESE ARE THE ITEMS THAT Y'ALL ARE SUPPOSED TO CONSIDER WHETHER YOU GIVE A VARIANCE OR NOT.
UM, NUMBER ONE, THERE'S A QUALIFYING HARDSHIP CREATED BY UNIQUE CONDITION IN THIS PROPERTY.
SOMETHING ABOUT THIS PROPERTY THAT'S DIFFERENT THAN THE OTHER SURROUNDING PROPERTIES.
SO LET'S SAY YOU HAVE A STANDARD FOR A, YOU KNOW, A A SIX FOOT SETBACK, BUT THERE'S A, A CORNER LOT AND IT HAS CITY DRAINAGE ON BOTH SIDES AND IT MAKES IT MORE DIFFICULT, UH, TO COMPLY WITH THE SETBACK.
UM, YOU, IT'S DIFFERENT THAN ALL THE OTHER, OTHER LOTS IN THE, IN THE, UM, NEIGHBORHOODS BECAUSE IT, THE WAY IT WAS PLATTED, THEN YOU COULD SAY, OKAY, THIS IS A UNIQUE CONDITION JUST FOR THIS LOT DIFFERENT THAN OTHER LOTS.
SO WE COULD GRANT A VARIANCE BASED ON THAT.
UM, NUMBER TWO, UH, IF YOU ENFORCED, UH, THE REGULATIONS, YOU ENFORCE THE SETBACK, UH, IT WOULD PREVENT THE PROPERTY OWNER FROM BEING ABLE TO ENJOY THEIR REASONABLE USE OF THEIR PROPERTY.
SO BASICALLY YOU'RE TAKING AWAY THE VALUE OF THE PROPERTY 'CAUSE YOU MAKE IT, UM, WHERE IT WENT, IT CAN'T BE DEVELOPED, RIGHT? AND SO, OKAY, NOW I'VE GOT A USELESS LOT BECAUSE, UH, THESE SETBACKS OR THESE RULES MAKE IT SO I CAN'T DO ANYTHING WITH MY PROPERTY AND I CAN'T EVEN REASONABLY USE IT.
OKAY? UM, AND THEN THE THIRD UH, FACTOR WOULD BE IS THE, IF YOU GRANT THE VARIANCE, WOULD IT BE DETRIMENTAL TO THE NEIGHBORING PROPERTIES? UH, UH, AND SO IN GRANTING THE VARIANCE YOU'RE SUPPOSED TO CONSIDER, THEY'RE NOT EITHER OR YOU'RE SUPPOSED TO CONSIDER ALL THREE.
SO THE REQUEST WOULD HAVE TO QUALIFY FOR ALL THREE.
NUMBER ONE, SOMETHING ABOUT THIS PROPERTY IS DIFFERENT THAN THE OTHER PROPERTY.
SO THE RULES SHOULDN'T APPLY TO THEM 'CAUSE THEIR PROPERTY IS DIFFERENT.
NUMBER TWO, IF YOU ENFORCE THE RULES, THEY JUST LOSE ALL USE OF THEIR PROPERTY AND THEY USE REASONABLE USE.
AND IT'S A, A BARREN PROPERTY THAT CAN'T BE DEVELOPED.
AND THEN NUMBER THREE, THAT, UH, UH, YOU FIND THAT IF YOU GRANT THE VARIANCE, IT'S NOT GONNA HARM THE NEIGHBORS.
UH, SO IF YOU FIND ALL THREE OF THOSE, THEN YOU WOULD, UH, GRANT A VARIANCE.
IF, UH, YOU DON'T FIND ALL OF THREE OF THOSE, THEN, UH, THEN YOU SHOULD DENY THE VARIANCE.
AND THOSE ARE THE, THE, UM, GUIDELINES THAT'S BEEN ESTABLISHED BY STATE LAW AND BY, UH, CASE LAW WHEN DOING VARIANCES.
BECAUSE IF YOU GIVE VARIANCE WITHOUT THESE VERY UNIQUE SPECIAL SITUATIONS, THEN YOU CAN JUST VARIANCE WHERE EVERYBODY COMES AND ASKS ONE.
AND AND THAT'S THE PROBLEM WITH DOING THAT IS THEN YOU'RE NEVER GONNA HAVE FAIRNESS BECAUSE YOU'RE NOT GONNA HAVE A STANDARD THAT APPLIES THE SAME TO EVERYBODY.
RIGHT? SO, UM, AND SO LIKE FOR EXAMPLE, THIS CASE, I MEAN THIS, THIS HOMEOWNERS SPENT, YOU KNOW, UH, I HAVE NO IDEA, BUT A SIGNIFICANT AMOUNT OF TIME AND MONEY TO DO THIS CONSTRUCTION, RIGHT? AND SO, UM, YOU SAY, HEY, SORRY, WE CAN'T GRANT THE VARIANCE.
YOU GOTTA PULL IT OUT OR WHATEVER THAT WOULD COST HER, UH, YOU KNOW, PROBABLY QUITE A BIT OF FINANCIAL HARM.
UM, BUT THE PROBLEM IS, IS IF YOU DO THAT, THEN EVERYBODY YOU KNOW IN THE NEIGHBORHOOD SAY, WELL, WE DON'T NEED TO FOLLOW SETBACKS BECAUSE WE'LL JUST GO GET VARIANCE.
RIGHT? SO THAT'S THE, THE, THE DANGER OF NOT FOLLOWING VERY SPECIFIC GUIDELINES.
AND, AND IF, AND IF YOU DON'T FOLLOW SPECIFIC GUIDELINES AND YOU'RE RANDOM, THEN PEOPLE CAN SUE YOU FOR BEING RANDOM.
'CAUSE THE GOVERNMENT'S SUPPOSED TO FOLLOW STRICT RULES AND FOLLOW RULES.
SO CAN I ASK A QUESTION ABOUT THESE QUESTIONS
SO, WELL, I, YOU KNOW, THE FIRST QUESTION SAYS IF IT'S DIFFERENT THAN NEIGHBORING PROPERTY.
SO WOULDN'T THE PRE-EXISTENCE SLAB WITH NO REBAR MAKE IT DIFFERENT? UM, WELL TYPICALLY THE, THE, THE CONDITION OF THE PROPERTY IS UNIQUE.
IT'S USUALLY THE, THE, UH, DIMENSIONS OF THE PROPERTY.
IT MAKES IT, LIKE, IF YOU DON'T COMMIT, IF YOU DON'T ALLOW A VARIANCE, THEN YOU WOULDN'T BE ABLE TO BUILD A HOUSE OR DO ANYTHING THERE.
UM, THE, YOU KNOW, THE, THAT SLAB WAS NOT THERE WHEN IT WAS PLATTED, RIGHT? AND SO, YOU KNOW, THE, YOU KNOW, THE, THE, THE PROPERTY OWNER COULD HAVE, RIGHT? UNFORTUNATELY PROPERTY OWNER COULD HAVE, YOU KNOW, BUSTED OUT PART OF SLAB AND MOVED IT IN AND MAKE SURE IT WAS IN THE, WITHIN THE LINES.
NOW THAT WOULD TAKE MORE TIME AND MORE MONEY PROBABLY, RIGHT? YEAH.
AND, AND HOPEFULLY, YOU KNOW, I'M NOT, HOPEFULLY WHENEVER FOLKS COME IN AND GET THEIR BUILDING PERMITS, YOU KNOW, THE, THE BUILDING PERMIT FOLKS WILL LOOK THINGS OVER AND LIKE TIP THEM OFF IN ADVANCE.
HEY LOOK, YOU KNOW, IF YOUR PLAN IS TO DO OUTSIDE THE, OUT OF, 'CAUSE APPARENTLY THE SLAB WAS BUILT JUST
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TO BE IN THE, YOU KNOW, SO IT DOESN'T CROSS THE LINE, RIGHT? MM-HMM.SO YOU NEED TO CHANGE YOUR PLAN BEFORE THEY SPEND THE MONEY TO DO IT.
AND, AND, AND I'M NOT FAULTING, UM, UH, MRS. SILVA SILVER, UH, BUT BECAUSE SHE PUT IT IN THE HANDS OF THE CONTRACTOR, RIGHT? SO TYPICALLY IN THIS CASE, THE CONTRACTOR DIDN'T GET THE PERMIT BEFORE THEY STARTED BUILDING.
AND THAT MAY HAVE BEEN PART OF THE PROBLEM, PREVENTED THE SAFEGUARDS OF HOW WE DO THINGS, YOU KNOW? IS THAT YES.
ON THE SURVEY, IS THAT THE OUTLINE OF THE SLAB OR THAT'S THE OUTLINE OF THE, OF THE ROOF.
SO THE SLAP WAS IN COMPLIANCE, SIR.
NOW, CORRECT ME IF I'M WRONG, BUT THE FIVE FOOT ACTUALLY APPLIES TO THE WALL.
EVEN EVEN ON A HOUSE, A HOUSE GOT FIVE FOOT ON THE LOT LINE AND IT'S GOT OVER 14 TO 16 INCHES OVERHANG FROM THE ROOF.
HOW'S THAT POSSIBLE PART OF THE HOUSE? HUH? HOW'S THAT POSSIBLE? THAT'S PART OF THE HOUSE.
YEAH, THAT'S, AND I HADN'T SEEN, IT'S THE RULE.
I'VE HEARD IT BOTH WAYS, BUT IT'S ACTUALLY FROM THE WALL.
IT'S THE, SO THE INTERNATIONAL BUILDING CODE LAID OUT, YOU MAKE THOSE SETBACK OR MEASUREMENTS FROM THE SIDE OF THE STRUCTURE THAT IS THE WALL, NOT THE SOFT OR THE OVER.
SO YOUR OVERHANG, YOUR OVERHANG, YOUR OVERHANG IS ANYWHERE FROM 12 TO 16, 18 ISH, DEPENDING ON WHAT KIND, WHAT KIND OF ROOF YOU GOT.
HOW DOES THAT AFFECT YOUR NEIGHBORS? WHERE DOES ALL YOUR WATER GO? YOUR WALL.
YOUR WALL, YOUR WALLS ARE 10 FOOT FROM YOUR NEIGHBOR WALL.
SO YOUR ROOF LINES ARE LIKE SOMETHING AND A HALF.
IF, IF THEY'RE, IF THEY'RE FACING THE SAME DIRECTION, LIKE THE PEOPLE THAT LIVE PICTURE, THEY FLAT, THEY DON'T HAVE ANY OVER OVERHANG ALL THE WAY AROUND.
AND AS I STATED, THE OVERHANG OBVIOUSLY IS OPEN, BUT ALSO THE POST WHICH WOULD MAKE THE WALL, THAT'S WHAT THE MEASURE.
SO IT'S THE POST, THE POST THAT CONSIDERED THE WALL.
IF THEY WOULD'VE WENT IN AND BUSTED OUT THE SLAB, DUG HOLES, VERY PROPOSED INSIDE THE SLAB.
WHEN THEY POST THERE REFORM THAT, YOU KNOW, BASICALLY MADE A PASS CORNER, THEY WOULD'VE, THEY COULD JUST PUT THE POST ON THE SIDE OF THE SLAB, WHAT YOU CALL INSIDE.
THE BACK ALSO, IT'S ON ENCROACHES ON BOTH SIDES.
THE, THE BACK END SIDE? NO, BUT THE BACK.
SO THIS POST WOULD'VE BEEN PUT RIGHT THERE.
THAT'S THE WOULD'VE BEEN PUT ON THIS SIDE.
I THINK THE BACK IS EITHER WITH THE LEFT.
ACCORDING TO WHAT I'M LOOKING AT EITHER.
YOUR HONOR, IS IT WINDSTORM CERTIFIED? YES.
UM, HERE'S THE PDI I STUFF, CAN I ASK HOW THAT'S DONE WITHOUT AN INSPECTION? IT WAS DONE AFTER THE, THEY CAME.
HOW, HOW DOES THE WINDSTORM HAPPEN WITHOUT, IF IT'S BUILT WITHOUT A, THAT PERMIT IN THIS CASE, IT'S AN OPEN STRUCTURE SO THEY CAN SEE THE SCRAPING OPEN.
WELL THEY, I'LL SHOW YOU THESE PICTURES TOGETHER.
I DON'T THINK THE STRUCTURE ITSELF IS GONNA BE DETRIMENTAL TO ANYBODY.
BUT THAT SAID THERE, SO THAT, THAT FIRST ONE IS HARD TO GET BY.
SO I'M NO CONSTRUCTION EXPERT.
BUT THEORETICALLY IF THEY MOVE THE POST ON THE OTHER SIDE OF THE SLAB, INSTALLED IT AND THEN REMOVE THE EXISTING OFFENDING POST, THEN WE'VE TO TEAR DOWN THE WHOLE STRUCTURE.
BECAUSE YOU COULD JUST GO, YOU PUT THAT, PUT ANOTHER POLE OUT AND NOW JUST REMOVE THE OFFENDING POLE.
WELL YOU PROBABLY KEEP THAT POST SO IT DOESN'T PULL OVER.
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CAN'T DO THAT.OH, YOU'D HAVE TO MOVE THE JOINT.
YOU'D HAVE TO, YOU CAN JUST GO BACK, BRACE IT FURTHER BACK.
YOU'D HAVE TO MOVE THE SO OF THE BUILDING, SINCE I KIND OF STRUGGLED WITH THIS AT THE LAST MEETING ON SOMETHING ELSE SIMILAR.
THESE ARE THE RULES THAT WE'RE SUPPOSED TO MAKE A DETERMINATION.
SO THERE'S A TECHNICAL DEFINITION THAT YOU HAVE TO, AND I DIFFERENT THIS LITTLE, THE, THE LITTLE STEPS IN QUESTIONS.
I'VE PREPARED THIS ABOUT FOUR YEARS AGO, I THINK.
WELL I HAVE TWO, THIS IS FROM
WHERE'S THE ONE FOR THIS STRUCTURE? SHE, HE DID BOTH OF THEM TOGETHER.
I SPOKE TO 'EM TODAY 'CAUSE I ASKED THE SAME QUESTION AND HE SAID THAT BECAUSE IT WAS ALL TOGETHER, IT'S ALL THE SAME.
THEY ROOFED AT THE SAME EXACT TIME.
HOW WAS THAT? SO WAS THIS ONE BUILT A COUPLE WEEKS AGO? THE, NO, IT WAS BUILT, THE, THE, ALL THE WORK PROBABLY TRANSPIRED LATE IN DECEMBER.
I HAVE THE RECEIPTS FROM WHEN THE DELIVERY WAS MADE ON NOVEMBER 21ST.
AND THEN WE PROBABLY SAT ON IT FOR ABOUT TWO WEEKS.
SO I'M THINKING IT WAS PROBABLY THE SECOND WEEK OF DECEMBER BECAUSE USUALLY THEY'LL PUT ON THE WPIA, THE ANYTHING ELSE THAT THEY DID, LIKE ENTIRE REROOF AND THEN THEY'LL HAVE LIKE LITTLE COMMENTS OF AND REPLACE THE WINDOWS OR WHATEVER.
AND I JUST DON'T SEE ANYTHING ON HERE WITH IT.
YEAH, THAT SAYS ANYTHING ABOUT IT.
I, I TOLD HIM AND HE'S ACTUALLY OUT OF THE, HE'S ACTUALLY AT THE, UH, HORSE RACES RIGHT NOW.
WHEN I SPOKE TO HIM, BECAUSE I ASKED HIM THE EXACT SAME QUESTION BECAUSE HE MADE US MAKE SURE WE HAD THE STRAPS ON HIM FOR HIM TO INSPECT WHAT THE STEEL STRAPS, BECAUSE THESE DON'T HAVE LIKE THE GABLE BRACING AND STUFF ON IT.
DO, WOULD YOU MIND TELLING US WHO THE CONTRACTOR WAS? YEAH.
HE'S WITH, UH, ALL IN INSTRUCTION, UH, CONSTRUCTION OUT OF ANGLETON BECAUSE THIS DOESN'T HAVE LIKE THE GABLE BRACING, IT'S BOLTED TOGETHER, BUT IT DOESN'T HAVE LIKE GABLE BRACING THAT YOU HAVE TO HAVE THE WIND CERTIFIED.
THE BRACE, FROM WHAT I'VE SEEN, UNLESS THE STEEL ONES ARE THE ONE, THE STEEL ONES THAT HAVE THE MULTIPLE HOLES ON 'EM, THEY'RE LIKE THE STRAPS THAT ARE, I DON'T HAVE THE PICTURE, BUT IT'S IN THERE.
YEAH, I'M LOOKING, I'M LOOKING.
I DON'T HAVE IT IN FRONT OF ME.
AND I'M SORRY, I MISSED THE NAME OF THE FIRM.
THE NAME OF THE CONTRACTOR I'M WITH? YEAH.
WHAT I READ THIS WAY OR NUMBER TWO, EITHER YOU SAID FEASIBLE ALTERNATIVE TURN, YOU JUST MOVE THEM BACK AND IT SAYS IF YOU'LL BE DETRIMENTAL.
FROM WHAT I'M UNDERSTANDING, THERE'S A WATER ISSUE.
I DUNNO, THAT'S, THAT'S THE THREE QUESTIONS.
I GUESS DEPENDING ON HOW YOU INTERPRET IT.
IT SAYS, WILL IT BE DETRIMENTAL TO NEIGHBORING PROPERTIES AND IS THERE A, THERE'S NOT A, THAT MAY BE JUDGEMENTAL.
THAT'S TYPICALLY UP TO INTERPRETATION.
READ THE BIBLE, WHO, BE CAREFUL.
TWO PEOPLE WERE IN THE SAME VERSION.
WELL THEN IN THE PRIOR COUNCIL MEETING, RIGHT? I SAID YOU CAN ONLY LOOK AT THE BUILDING STANDARDS.
THIS, THESE ARE THE FACTORS YOU'RE SUPPOSED TO, TO CONSIDER AND, AND, AND DO.
RIGHT NOW, LIKE I SAID, IF YOU DON'T FOLLOW THESE FACTORS AND SAY, WELL I'M JUST, I JUST WANNA VOTE FOR EXPERIENCE, YOU CAN.
RIGHT, BUT BUT YOU'RE NOT FOLLOWING, YOU'RE NOT NOT FOLLOWING THE STANDARDS.
IF YOU DON'T FOLLOW THE STANDARDS, THEN THERE ARE NO YEAH, AND THEN YOU'RE KIND OF, YOU KNOW, PEOPLE SAY, WELL HOW COME I COULDN'T DO THAT? I MEAN THE GUY WENT THROUGH DEFENSE ABOUT THREE WEEKS AGO.
THREE, OH, I REMEMBER 'EM CLEARLY THAT I'M SAYING THE OTHER EXAMPLE IS MUCH MORE STRICT THAN DEFENDANT.
THE CHIEF WAS READY TO THROW ME OUT.
[00:35:01]
DID THE CONTRACTOR GIVE A REASON WHY HE DIDN'T GET THE PERMIT? I, I DON'T REMEMBER OR RECALL.I'M SORRY, I DIDN'T GET THE QUESTION.
WAS THERE A REASON WHY THE CONTRACTOR DIDN'T GET A PERMIT? WAS HE WELL, BECAUSE THIS SLAB WAS EXISTING, WE, WE ARE PROBABLY MORE, I WAS MORE CERTAIN THAT WAS ALREADY A STRUCTURE THERE BECAUSE IT LOOKS LIKE IT, THERE'S ELECTRICAL RAN THERE, YOU CAN SEE THE ELECTRICAL PIPE GOING THERE.
SO AT THE TIME WE WERE JUST THINKING WE'LL JUST BUILD SOMETHING FOR SOMEONE TO HANG OUT, OUT UNDER.
YOU KNOW, WE WEREN'T EVEN GONNA MAKE IT LIKE SOMETHING FANCY, YOU KNOW, AND THEN BEFORE YOU KNEW IT WORTH $15,000 IN, YOU KNOW, WHICH IS PROBABLY A MISTAKE LOOKING IN HINDSIGHT BECAUSE YOU KNOW, THE HOUSES DON'T HAVE THE VALUE IN THAT AREA, BUT WE BUILT IT, IT'S THERE.
MY INTENTION, LIKE I SAID, WAS JUST TO MAKE A NICE SPACE.
UM, NEVER WITH THE INTENT TO LIVE THERE.
EVEN THOUGH IT TURNED OUT TO BE A BEAUTIFUL HOME.
SO I COMMUNICATED A LOT WITH THEM BECAUSE YOU KNOW, I REALLY WASN'T FAMILIAR WITH WHAT WENT ON IN THE HOUSE, SO I WAS TRYING TO GET HISTORY ON THE HOUSE.
NO, I'M JUST GONNA SAY FROM WHAT I'M SEEING, IT LOOKS LIKE HE DIDN'T GET A PERMIT BECAUSE IT'S NOT WHEN CERTIFIED, IT'S NOT THAT WPIA WOULD SAY SOMETHING ON IT.
IF YOU REROOF A SHED, THERE'S A-W-P-I-A TO REROOF A SHED.
I DON'T THINK HE DID ANYTHING.
WELL, THE CHECK MADE OUT TO PAUL WAS LATER, PROBABLY LIKE IN FEBRUARY.
SO I'M, FROM WHAT I UNDERSTAND WHEN I SPOKE TO HIM EARLIER TODAY WAS THAT THOSE WERE THE STRAPS THAT HE TOLD HIM TO GET.
AND SO, UM, WHY IT'S NOT ON THE DWPI EIGHT, I, LIKE I SAID, HE'S OUT OF TOWN, BUT I I WAS ALREADY GONNA QUESTION HIM 'CAUSE I WANNA MAKE SURE IT'S ON THERE.
REGARDLESS FOR THE NEW OWNER, FOR THE SAFETY OF THE NEW OWNERS AND MY NEIGHBORS.
RIGHT, BECAUSE I'M, THAT IS MY CONCERN.
I DON'T WANT THAT TO BLOW OFF.
AND YOU CAN CALL THE ENGINEER RECORD IS UH, EL SVETA.
YOU CAN LOOK AND SEE IF YOU CAN FIND HIM AND ASK HIM WHAT EXACTLY HE CERTIFIED IN DECEMBER.
ARE YOU TALKING ABOUT THE ENGINEER THAT DID THE CERTIFICATION FOR THE WPIA? OH, OKAY.
I MEAN WE COULD, OH, IS THAT HIS FIRST NAME? YES.
JUST AS I'M HERE IT JUST ENGINEER RECORD EL.
UM, SO YEAH, WE COULD, I MEAN WE COULD CALL HIM.
I MEAN HE'S AVAILABLE BUT I MEAN THE, THE STRUCTURE WAS ALREADY THERE AND THAT'S WHAT, 'CAUSE THE STRAPS WERE NOT ON THERE ORIGINALLY.
AND THEN HE WENT BACK 'CAUSE HE DID BOTH.
UM, I ALSO HAVE ANOTHER PROPERTY ON PLANTATION, SO HE DID BOTH PROPERTIES AT THE SAME TIME.
SO NOT TO MUDDY THE WATER ANYMORE.
UH, SO IT WAS BUILT BY THE CONTRACTOR.
Y'ALL SOMEHOW OR ANOTHER GOT ON A DIFFERENT PAGE WITHOUT A PERMIT AND NONE OF THAT WAS DONE UNTIL AFTER THE FACT.
THAT'S WHEN THEY COME BACK AND PUT THE STRAPS.
WE, WE HAD KIND OF STOPPED BECAUSE WE WERE GONNA DO THE ROOF.
LIKE I SAID, THAT WAS NOT THE INTENT TO MAKE THAT SO BEAUTIFUL LIKE THAT, YOU KNOW, WE JUST WANTED SOMETHING SMALL FOR SOMEBODY TO HANG OUT BECAUSE THE HOME IS SMALL.
SO WE WERE LIKE TRYING TO BRING THE LIVING OUTSIDE.
AND SO WHENEVER WE DECIDED TO GO AHEAD AND JUST REROOF, I WAS TRYING TO GET AWAY FROM NOT REROOFING THAT HOUSE.
UM, SO I COULD SELL IT AT A REASONABLE PRICE.
SO, BUT THEN AS I STARTED LOOKING AND I HAD TO REROOF JOE SILVA'S OFFICE, I SAID, YOU KNOW WHAT? I'M ALL IN.
I JUST MIGHT AS WELL DO THE HOUSE.
UM, SO, OKAY, I GUESS ANYBODY'S WELL QUESTION FOR REVIEW SPEAK ANYBODY? OKAY, SOMEONE ELSE WANTS TO SPEAK.
I LIVED AT 3 0 4 NORTH SAINT FOR 57.
AND UH, MY QUESTION IS, YOU NEED TO PICK THAT MICROPHONE UP REAL GOOD.
AND MY QUESTION WAS, UH, ABOUT THE WINDSTORM, THE ENGINEERING AND HOW CLOSE IT IS TO THE PROPERTY LINE.
UM, THE PREVIOUS OWNERS DID HAVE
[00:40:01]
A SLAB.UM, HE DID GET A PERMIT TO DO SO.
UM, BUT AFTER HE POURED THE SLAB, HE FOUND OUT THAT, UH, THE BUILDING WAS TOO CLOSE TO THE PROPERTY LINE, SO HE NEVER BUILT ANYTHING ON IT.
SO HE ABANDONED, JUST POURED THE SLAB AND NEVER DONE ANYTHING WITH IT.
AND THEN, UH, THIS WAS BUILT AND I QUESTIONED HOW CLOSE IT WAS, HOW CLOSE IT WAS TO THE UTILITY POLES.
WAS IT SOUND? WAS IT GOING TO DO, UH, A WIND? IT'S GONNA BLOW IT OVER AND DO PROPERTY DAMAGE TO US.
THE WATER RUNOFF, IT RUNS RIGHT OFF THE, UH, THE BUILDING OVER ONTO THE PROPERTY LINE.
AND UM, SO YOU'RE SAYING LIKE THE RAIN WATER RUNNING OFF IS LITERALLY POURING INTO YOUR BACKYARD, RIGHT ON THE PROPERTY LINE? YES MA'AM.
I HAVE SOME PICTURES IF YOU WOULD LIKE TO SEE 'EM.
I PERSONALLY THINK THAT, UM, THE OVERHANG IS MORE THAN THE NORMAL HOUSE WOULD BE.
IT HANGS OVER RIGHT TO THE END OF THE PROPERTY LINE AND FROM THE EDGE OF THE HOUSE TO THE UTILITY POLE IS 23 INCHES FROM THE CORNER, THE FAR CORNER TO THE TELEPHONE.
WHAT WE'RE LOOKING AT IS NOT 12 EDGES, TWO, THREE FEET.
WHAT WE'RE LOOKING AT IS NOT 12 INCHES FROM THE PROPERTY LINE.
IT'S TWO OR THREE FEET FROM THE, HE'S I THINK HE SAID FROM THE EVE IT LIKE TWO OR THREE FEET TO BE 23 5 PROPERTY.
HE'S TALKING ABOUT THE OVERHEAD HE'S TALKING ABOUT.
I AM TALKING ABOUT, YEAH, I THINK THAT'S FROM THE BACK, THAT'S FROM THE 23 INCHES.
IS IS THE, THE ROOF LINE, LIKE I SAID, YOU'RE, WE'RE, WE'RE ONLY, LOOK AT THAT PICTURE.
IT COULD BE AN AL TO LOSE, BUT WOW.
AND THIS IS YOUR WOODEN FENCE? YES SIR.
NO, THAT'S THE, THERE'S A CHAIN LINK FENCE AND THERE'S A WOODEN FENCE THAT PROPERTY LINE RUNS IN
THE WOODEN FENCE BELONGS TO THE 3 0 8.
YOU HAVE ANY PICTURES OF THE WATER YOU SEE? YES, SIR.
AND THE FIRST IS PRACTICAL DIFFICULTY AFFECTING THIS PROPERTY, UNIQUE AND DIFFERENT FROM
IS THERE ANYTHING UNIQUE ABOUT THE PROPERTY? I'M JUST GONNA REWORD THE QUESTION FROM MY OWN BRAIN.
IS THERE ANYTHING UNIQUE ABOUT NOT AL SHAKE? IT'S NOT PASSION.
IT'S NOT, IT'S LIKE THE OTHER ONES.
IS THERE ANY, ANYTHING THAT IS UNIQUE TO THIS PROPERTY THAT'S NOT UNIQUE TO THE OTHER PROPERTIES SURROUNDING WHAT I SEE THE ANSWER TO THAT.
WAS THIS PRACTICAL DIFFICULTY IMPOSSIBLE TO AVOID THE PETITIONER USED DUES IN ADVANCE? WELL, NO, NO.
YEAH, BECAUSE IF THEY HAVE GOT THEIR PERMIT, THEY'D ONLY COULDN'T
[00:45:01]
HAVE BUILT IT, BUT YEAH, RIGHT.OR MY, I MEAN WAS IT TO AVOID NO.
YES, IT WAS I TO IT DIDN'T HAVE BUILD IT.
THEY COULD HAVE BUILT IT WITHIN.
NO, IT'S, I KNOW IT'S NOT NEGATIVE.
IT WAS NOT IMPOSSIBLE TO AVOID, CORRECT? THAT'S RIGHT.
THE ANSWER TO THAT WAS AS PRACTICAL DIFFICULTY IMPOSSIBLE TO AVOID.
PRACTICAL DIFFICULTY MUST RESULT FROM THE APPLICATION OF ZONING STANDARDS, NOT FROM THE ACCIDENT IN ACTS THE PROPERTY OWNER.
IN OTHER WORDS, THE CONDITION WHICH THE A VARIANCE WOULD LEAVE MUST BE SELF-INFLICTED BY THE OWNER.
PETITIONER CREATE THE PRACTICAL.
LOCATION OF THE BUILDING SIDE.
THE REDUCTION OF THE BUILDING FOOTPRINT.
ELIMINATE THE ZONING VIOLATION.
DID THE HARDSHIP SUFFERED BY CONDITIONERS ONLY A FINANCIAL LOSS? YES.
WELL, GAINING THIS VARIANCE CREATED AN ADVERSE EFFECT OR IMPACT ON THE PHYSICAL OR CONDITIONS TO NEIGHBORS IN THEIR PROPERTY.
IS THERE A FEASIBLE SOLUTION TO THE APPLICANT CAN PURSUE OTHER THAN OBTAINING THE VARIANCE? UNFORTUNATELY THAT'S A, BASED ON THE, BASED ON THE SEVEN QUESTIONS THAT ARE THERE, OUR OPTION IS TO DENY THE VARIANCE.
DO I HAVE A SECOND? I'LL SECOND BOND.
HONOR ALL A A ANY UNANIM WE'RE GONNA HAVE DENY.
OKAY, WE WILL NOW ADJOURN TO THE PUBLIC HEARINGS AND MOVE INTO OUR REGULAR COUNCIL MEETING.
THANK, I WOULD LIKE TO THANK EVERYONE.
APPRECIATE Y'ALL COMING OUT MOVING BOOSTS COMMENTS SINCE WE HAD THEM SIGN UP TO THE REGULAR AGENDA.
[V. CONSENT AGENDA]
FIRST ITEM IS AGENDA ITEM LISTED UNDER CONSENTED AGENDA AND JURY ONE.MOTION ACCEPTED TO THIS RULE AS THE COUNCIL MEMBERS MAY REQUEST ONE MORE ITEMS BE REMOVED.
THE CONSENT AGENDA FOR SEPARATE ACTION, UH, DENIED IS MINUTES REGULAR COUNCIL MEETING.
HAVE A MOTION TO APPROVE CONSENT AGENDA.
ANY ITEMS NEED TO BE REMOVED? ANY DISCUSSION? HEARING NONE.
I'LL ENTERTAIN A VOTE ON VOTE.
[VI. BUSINESS ITEMS]
BE PROCLAMATION FOR THE NATIONAL DAY OF PRAYER, WHICH WILL BE MAY A SECOND.IN 1952, CONGRESS PASSED A BILL ESTABLISHING A NATIONAL DAY OF PRAYER WHERE WE HAVE CONTINUED THE GREAT TRADITION ESTABLISHED FOR AMERICAS TO PRAY AND MEDIATED CHURCHES AND GROUPS AND ITS INDIVIDUALS.
AND WHEREAS THE POWER OF PRAYER HAS UNITED THE AMERICAN PEOPLE ON THE DARKEST DAYS AND HELP MAKE SOME OF OUR BRIGHTEST DAYS POSSIBLE.
AND WHEREAS THIS YEAR OUR PRAYERS, THE FOCUS ON THE THEME, LIFT UP THE WORLD, LIGHT UP THE WORLD.
THE NATIONAL DAY OF PRAYER SETTLE REMINDS US OF FAITH, PROMINENT FACE, PROMINENT PLACE IN OUR NATION'S FOUNDING.
[00:50:01]
AND WHEREAS WE PRAY FOR THE WORLD, WORLD LEADERS, AMERICA, THE CHURCH, FAMILY EDUCATION, US MILITARY, WORKPLACE, GOVERNMENT, ARTS, ENTERTAINMENT AND MEDIA FOR PROTECTION OF ALL THE COMMUNITIES WITHIN OUR NATION, OUR EMERGENCY MEDICAL SERVICE WORKERS, LAW ENFORCEMENT OFFICERS, AND ALL THE HEROES THAT PLAY VITAL ROLE IN DAY TO DAY TASKS.NOW THEREFORE, OUR SHIP MAYOR, THE CITY, TEXAS, CALLED UPON THE HONOR MAY 2ND, 2024 IS THE NATIONAL DAY OF PRAYER.
THE WITNESS WHERE I HEARING TWO MY HAND AND CAUSE THE SEAL PLEAD TO BE AFFIX 25TH DAY OF APRIL, 2020, SIGNED BY MYSELF.
NEXT ITEM WOULD BE A PROCLAMATION FOR NATIONAL FALL AND FIREFIGHTERS MEMORIAL WILL BE MAY 4TH THROUGH THE FIFTH 1 24, AN INTERNATIONAL FIREFIGHTER DAY MAY 4TH AND IT'LL BE A CITY OF LOOK PROCLAMATION.
WHEREAS THE UNITED STATES CONGRESS AND THE PRESIDENT OF THE UNITED STATES DESIGNATED THE DAY OF THE ANNUAL NATIONAL FALLEN FIREFIGHTERS MEMORIAL SERVICE AND TO HONOR FIREFIGHTERS AND EMERGENCY SERVICE PERSONNEL WHO HAVE SACRIFICED THEIR LIVES TO SAVE OTHERS BY LOWERING THE AMERICAN FLAG OF THE ALL FEDERAL BUILDING TO HAVE STAFF.
WHEREAS AN AVERAGE DEBATING FIREFIGHTERS COURAGEOUSLY MAY MAKE THE ULTIMATE SACRIFICE AND A LINE OF DUTY EACH YEAR.
AND WHEREAS FIREFIGHTERS AND EMERGENCY SERVICE PERSONNEL PLAY AN ESSENTIAL ROLE IN THE PROTECTIVE OUR LIVES AND PROPERTY IN OUR LOCAL COMMUNITY, WHEREAS A NATIONAL FALL IN FIREFIGHTER MEMORIAL WEEKEND MARKS THE WEEKEND FOLLOWING INTERNATIONAL FIREFIGHTER TODAY 2024.
AND WHEREAS IT IS OF MAJOR IMPORTANCE THAT WE INCREASE OUR EFFORTS TO RENEW THE DEATH INJURIES AND PROPERTY LOSS FROM FIRE.
NOW THEREFORE, OUR COUNTY, UPON THE OBSERVE AND HONOR, HONOR, MAY 4TH, 2024 HAS INTERNATIONAL FIREFIGHTER DAY AND MAY 4TH THROUGH MAY 5TH AND NATIONAL FIREFIGHTERS WEEKEND WITH MY HAND SEALED FIFTH SIGNED BY.
THE NEXT ITEM WOULD BE CONSIDERATION POSSIBLE ACT TO ADOPT RESOLUTION NUMBER 22 20 24 APPROVING THE FINAL PLA LOCATED AT 300 300 A AND 304 RESOLUTION NUMBER 20 20 24 RESOLUTION OF CITY COUNCIL, CITY PLA LOCATED, AND FOUR COMMERCE TEXAS.
WHEREAS THE CITY PLANNING ZONING COMMISSION, THE CITY COUNCIL HAS THE AUTHORITY TO REVIEW, APPROVE, OR DENY PLA REAL PROPERTY CITY LIMITS AND EXTRA EXTRA JURISDICTION.
WHEREAS THE CITY COUNCIL PLANNING ZONING COMMISSION HAS CONSIDERED A REQUEST FLAT PROPERTY LOCATED AFTER DUE CONSIDERATION AND DISCUSSION, THE PLANNING AND THE ZONING COMMISSION VOTED AND RECOMMENDED APPROVAL OF PLA REQUEST WHERE THE CITY COUNCIL FINDS THAT THE REQUEST OF DUTY MADE AND CONFIRM CONFIRMED WITH ALL DEVELOPMENT REQUIREMENTS FOR NOW THERE THEREFORE, CITY OF TEXAS, THAT SECTION ONE, THE CITY COUNCIL AND THE CITY OF FLU FINDS THAT THE FACT SIDE OF THE PREAMBLE HERE, UN TRUTH SECTION TWO, THE CITY COUNCIL APPROVES TO REQUEST TO FILE PLAT OF REAL PROPERTY LOCATED AT 3 3 3 4 COMMERCE TEXAS SECTION THREE, EFFECTIVE DATE.
THIS RESOLUTION RULE OF REGULATIONS, REQUIREMENTS, ORDERS, AND MATTERS STATUS AND ADOPTED HEREBY WILL TAKE EFFECT BEING FULL FORCE AND EFFECT ON THE DATE OF PASSAGE.
AND UPON EXECUTION BY THE MAYOR, CITY SECRETARY IS SET FORTH BELOW SECTION FOUR PROPER NOTICE AND MEETING.
IT IS HEREBY BOUND AND DETERMINED THAT THE MEETING IN WHICH THIS RESOLUTION WAS PASSED WAS BY FOUR OF THE CITY COUNCIL NOTES TO THE PUBLIC.
AND THAT THE PUBLIC NOTICE THAT THE TIME PLACE PURPOSE OF SAID MEETING WAS GIVEN AS REQUIRED BY CODE 25TH OF APRIL, 2024.
BE SIGNED BY MYSELF, CLERK AND APPROVE THIS BY CITY ATTORNEY CHRISTOPHER.
CONSIDER A MOTION TO APPROVE RESOLUTION NUMBER 24.
[00:55:01]
HEARING NONE, I'LL ENTERTAIN ABOVE ALL FAVOR AYE.WE WILL, WILL WE STILL HAVE OUR, UH, ON THE FIFTH HERE AT CITY HALL? I'M SORRY, AS FAR AS OUR NATIONAL DAY? YES, SIR.
BUT YES, WE'LL HAVE IT HERE UNDERNEATH THE PORT CODE.
WHAT IS IT? ON THE, UH, NATIONAL DAY OF PRAYER.
OH, NEXT ITEM WOULD BE CONSIDERATION.
NEXT ITEM WILL BE CONSIDERATION OF FOR RESOLUTION NUMBER 23 DASH 2024.
OPPONENT MEMBERS TO THE PARK RECREATION BOARD, THE RESOLUTION NUMBER 23 20 24 APPOINTED MEMBERS TO THE PARKS AND RECREATION BOARD SECTION 82 DASH 36 OF THE CITY OF GEORGIA COUNTY, TEXAS PROVIDE FOR A CREATION OF A PARKS AND RECREATION BOARD, CONSIST FIVE OR SEVEN EACH OFFENDER BE APPOINTED FOR A WHERE POSITION 1, 2, 3, MAY, 2024.
AND THE CITY COUNCIL SAID TO POSITIONS NOW THE COUNSEL, ATORY COUNTY, TEXAS FIRST THAT MCCULLEY IS HEREBY REAPPOINTED FIELD POSITION ONE, WHICH EXPIRES IN MAY, 2026.
SECOND, THAT FOUR IS HEREBY REAPPOINTED TO POSITION TWO, WHICH EXPIRES IN MAY 26 AND THIRD.
THAT IS HERE HEREBY REAPPOINTED IN FIELD POSITION THREE, WHICH EXPIRES IN MAY 20, 26.
FOURTH, THIS RESOLUTION AFTER EXECUTION AND ATTESTATION SHALL BE MAINTAINED IN THE PERMANENT.
ANYONE CARRIED TO MAKE A MOTION TO APPROVE RESOLUTION NUMBER 23 DASH 24.
SO MOVE, MOVE BY COUNCIL PER BOND.
I'LL SECOND COUNCIL PER MAD DISCUSSION.
NEXT ITEM WILL BE CONSIDERATION OF POSSIBLE ACTIONS TO ADOPT RESOLUTION NUMBER 24 DASH 2024 AUTHORIZING THE MAYOR'S SIGNATURE ON
THE RESOLUTION OF CITY COUNCIL OF CITY FLU TEXAS AUTHORIZED THE CITY MANAGER TO EXECUTE IN LOCAL AGREEMENT WITH MISSOURI COUNTY, TEXAS REGARDING
CAPTION NEEDS TO BE CHANGED SAYS REGARDING ROAD PROJECT FISCAL YEAR 2017, 18 2017 AND THROUGH 2000 THROUGH 280.
THAT NEEDS TO, THAT NEEDS TO BE VISED DEATH.
WHEREAS TEXAS LOCAL GOVERNMENT CODE SECTION 3 7 2 0.0175 AUTHORIZES THE CITY TO CONTRACT WITH THE GOVERNING BODY OF ANOTHER TAXING UNIT.
THE DUTIES OF TO YOU RELATED TO COLLECTION AND SPECIAL ASSESSMENTS UNDER CHAPTER A SUBCHAPTER A OF CHAPTER 3 7 2.
WHEREAS THE TEXAS PROPERTY CODE SECTION 6.23 OF 6.2 FOR SPECIFICALLY AUTHORIZED THE COUNTY TAX AGREEMENT WITH THE CITY TO ACCESS TO ASSESS AND COLLECT TAXES ON BEHALF OF SAID CITY WITH A WRITTEN AGREEMENT AND CONSENT.
WHEREAS THE CITY INCLUDE COUNTY TEXAS SEEK TO ENTER AN INTERLOCAL AGREEMENT PURSUANT TO THE INTERLOCAL COOPERATIVE ACT.
TEXAS GO CODE CHAPTER 7 91 IN THE STATUTE PREFERENCE ABOVE INTERLOCAL CORPORATION CORPORATION ACT CODE CODE 7 9 1 0 0 1
WHEREAS IT IS BEST INTEREST OF THE CITY OF TEXAS TO ENTER INTO SUCH AGREEMENT WITH THE COUNTY PROVIDED FOR THE, FOR SAFE TRAVEL IN THE CITY THAT NEED TO BE CHANGED.
NOW THEREFORE BE RESOLVED BY THE CITY COUNCIL, CITY OF FLU TEXAS, THAT THE MAYOR OF THE CITY OF FLU TEXAS IS HEREBY AUTHORIZE TO EXECUTE ON BEHALF OF THE CITY OF TEXAS.
PROPOSED INTER CORPORATE AGREEMENT
[01:00:01]
FOR COLLECTION OF TAXES.AND I ASSESS ATTACHED TO THIS RESOLUTION AND REVIEWED BY THE COUNCIL AND SIGNED BY MYSELF, TESTIFIED
UH, I I DO KNOW THAT LAST YEAR THEY PUT US YES IT DID.
WELL, I WAS GONNA SAY IT WASN'T NECESSARILY THE ASSESSOR COLLECTOR THAT PUT US IN THE BINDER.
IT WAS THE APPRAISAL DISTRICT AND YOU KNOW, I HOPE THAT THEY LEARNED THE LESSON FROM LAUGHTER YEAR AND THAT THEY CAN GIVE, GIVE US WHERE WE NEED TO BE WHEN WE NEED TO BE.
WE WILL, UH, HAVE OUR, WE NEED TO MAKE SURE THAT WE STAY IN TOUCH WITH, UH, WITH YOUR NECK JACK, NECK, NECK, NECK, WHATEVER NECK IT IS AND MAKE SURE THAT WE KEEP OUR FOOT OVER THE THROAT, WE GET WHAT WE NEED.
SO, UH, YEAH, WE ACTUALLY HAVE OUR KICKOFF MEETING WITH HER NEXT THURSDAY.
UH, CO AND I WILL BE GOING UP FOR THE, UH, IT'S ALWAYS A SPLENDIFEROUS TIME PARADE FIREWORKS.
UH, I DID WANNA POINT OUT A COUPLE OF CHANGES.
OBVIOUSLY THE COST PER PARCEL HAS INCREASED BY 4 CENTS.
UH, THE DISTRIBUTIONS ARE THE SAME.
HOWEVER, IT NOW ALLOWS FOR, UH, ACHS IN ADDITION TO EFT, MANUAL CHECK AND WIRING.
UM, AND THEN THE, UH, DESIGNATION OF OFFICERS AND THE CALCULATOR FOR THE TRUTH AND TAXATION MODEL.
UH, THE STATE LAW HAS CHANGED.
WE NOW HAVE TO DECLARE THOSE PEOPLE WHO MAKE THOSE CALCULATIONS, THEY DO THAT ON OUR BEHALF, UH, WITH A DOUBLE CHECK BY US.
AND THEN IT ADDS CONSENT FOR PENALTY AND DISTRICT IT PENALTY AND INTEREST WAIVERS.
IF SOMEBODY COMES IN TO NEGOTIATE, UH, IF THEY FEEL LIKE THERE'S A, A TRUE HARDSHIP THERE, THEY CAN, WE'VE AGREED THAT THEY CAN DO THAT.
I'M SORRY, DID YOU RE ACTUALLY SAY THE PART ABOUT TRUTH AND TAXATION? I WELL THAT'LL BE THE, THAT THAT'S THE
WE'LL GO BACK TO JUST THE RULES.
IT IS THE STATE'S DEFINITION, THE STATE, UH, AUSTIN'S DEFINITION OF TRUTH AND TAXATION.
THE THING ABOUT IT IS, IF YOU DID NOT RAISE YOUR TAXES, YOU DID NOT RAISE YOUR APPRAISAL AND YOU ADDED FIVE NEW HOMES TO YOUR CITY AND THEY STARTED PAYING TAXES, YOU RAISED TAXES EVEN THOUGH THE RATE WENT DOWN.
EVEN, EVEN THOUGH, EVEN THOUGH YOU DIDN'T CHANGE ANYTHING.
YOU RAISED TAXES BECAUSE YOU ADDED PROPERTY VALUE TO THE CITY.
I'M TRYING TO GET MY WORD IN THERE.
NO, THEY, NO, THEY, THEY PUT US BETWEEN A ROCK AND A HARD PLACE AND MAKE D MAKE IT DAMNED IF WE DO AND DAMNED IF WE DON'T.
WOULD THERE MAKE A MOTION TO APPROVE RESOLUTION 24 24 CORRECTIONS MADE TO THE SAFE TRAVEL IN THE CITY AND
IT ACTUALLY SAYS WITH MISSOURI COUNTY, TEXAS REGARDING ASSESSMENT AND COLLECTION OF TAXES.
AND THE OTHER ONE SAYS, FOR ORDERLY ASSESSMENT AND COLLECTION, THAT'S WHAT, THAT'S YOU MADE.
[VII. NOTICE/ANNOUNCEMENT OF UPCOMING EVENTS AND MEETINGS]
NEXT ITEM WILL BE NOTICE AN ANNOUNCEMENT OF UPCOMING EVENTS.SHOULD COUNCIL MEETING TUESDAY, MAY 7TH, 2024 AT 7:00 PM UH, I PRESUME THAT WE STILL WILL
[01:05:01]
BE HAVING ELECTION ON SATURDAY.THERE'S STILL AN ELECTION AT THE EVENT CENTER AT THE, AT THE, AT THE EVENT CENTER EVENT CENTER, POLICE OFFICER MEMORIAL DAY CELEBRATION WEDNESDAY, MAY 15TH, 2020 FOURTH AT NOON.
AND THE POLICE DEPARTMENT FLAG GARDEN CITY COUNCIL MEETING THURSDAY, MAY 23RD, 2020 FOURTH AT 7:00 PM AND MEMORIAL DAY MAY 7TH, 24.
THE OFFICES WILL BE CLOSED AND AYE MR. QUIN.