[Zoning Board of Adjustment on July 21, 2025.]
[00:00:08]
NOW 6:00. I'M GOING TO CALL TO ORDER THE WYLIE ZONING BOARD OF ADJUSTMENTS MEETING. THIS IS OUR REGULAR MEETING FOR JULY 21ST. ARE THERE ANY CITIZENS PRESENCE THAT WOULD LIKE TO ADDRESS THE BOARD ON ANY NON AGENDA ITEMS? SEEING THAT THERE IS NONE I WILL GO AHEAD AND MOVE TO OUR WORK SESSION. THANK YOU, MR. CHAIRMAN. THIS EVENING I'M GOING TO GO OVER REAL QUICKLY THE ROLES AND RESPONSIBILITIES OF MEMBERS. AS OUR TECHNOLOGY ISN'T WORKING THAT GREAT, I'M GOING TO ASK YOU TO FOLLOW ALONG IN YOUR PACKET, AND I'LL JUST LET YOU KNOW WHEN I'M SWITCHING PAGES.
EVERYBODY TURN TO THE. WELCOME TO THE ZONING BOARD OF ADJUSTMENTS PAGE. OKAY. GO FROM THERE. THE NEXT PAGE BASICALLY JUST TELLS WHAT THE LOCAL GOVERNMENT CODE, WHICH IS THE TEXAS LAWS THAT REGULATE MUNICIPALITIES. THESE ARE THE THREE CHAPTERS THAT WE USE IN THE CITY OF WYLIE AND ANY MUNICIPALITY. AND BASICALLY OUR OVERALL AUTHORITY IS HEALTH, SAFETY AND WELFARE. IF IT FALLS UNDER THAT, AND THAT'S A PRETTY BROAD CATEGORY. BUT IF IT FALLS UNDER THAT, WE CAN REGULATE IT. NEXT PAGE SHOWS THE ZONING BOARD OF ADJUSTMENTS, THE EXACT SECTION THAT WAS THE LOCAL GOVERNMENT CODE THAT ALLOWS IT. IF YOU EVER HAVE ANY TROUBLE SLEEPING AT NIGHT, YOU CAN READ THAT SECTION. AND THAT IS A CURE FOR INSOMNIA, GUARANTEED. THE GENERAL DECISION RESPONSIBILITIES ON THE NEXT PAGE, THE APPEALS TO ADMINISTRATIVE DECISIONS, VARIANCE REQUESTS, MAKE RECOMMENDATIONS AND SPECIAL EXEMPTIONS. I'LL TALK ABOUT THOSE IN THE NEXT FEW PAGES. THE FIRST ONE ON THE NEXT PAGE APPEALS TO ADMINISTRATIVE DECISIONS. THIS IS IF STAFF MAKES A DECISION ON, LET'S CALL IT. THE EASIEST WAY TO DESCRIBE IT IS A GRAY AREA WITHIN THE ZONING ORDINANCE. IF I SAY ONE THING AS A STAFF MEMBER AND THE APPLICANT FEELS SOMETHING ELSE, THEN THEY CAN COME TO YOU ALL TO MAKE A DECISION BASED ON WHAT YOUR INTERPRETATION OF THOSE RULES ARE. OKAY? IF YOU GO TO THE NEXT PAGE VARIANCE REQUEST, THAT'S WHAT WE'RE GOING TO HAVE TONIGHT. THIS IS PROBABLY 90% OF WHAT WE GET. IT'S SOMEBODY IS LITERALLY TRYING TO, FOR LACK OF A BETTER WORD, BREAK THE RULES.
YOU KNOW OR NOT ABIDE BY THE RULES FOR WHATEVER REASON. I MEAN, THERE ARE TIMES WHEN THE RULES DON'T MAKE SENSE. THIS ISN'T A STAFF VERSUS APPLICANT TYPE OF THING. YES, MA'AM. THE.
NO MA'AM THAT IS AT THE SHOULD BE AT THE EDUCATION CENTER OVER ON BALLARD. NOT THIS EVENING.
SORRY. SORRY. YEAH. NO PROBLEM. YOU'RE WELCOME. UNLIKE THE ONE BEFORE WHERE IT'S MAYBE STAFF SEES THE LAW ONE WAY AND THE APPLICANT SEES THE LAW THE OTHER WAY. THIS IS WE BOTH SEE IT THE SAME WAY, BUT THEY WANT TO DO SOMETHING DIFFERENT. OKAY. AND THERE ARE A LOT OF TIMES WHEN IT MAKES MAKES PERFECT SENSE BECAUSE OF SOMETHING ON THE PROPERTY, YOU KNOW, SOMETHING ON THE PROPERTY OR SOMETHING LIKE THAT. AND YOU'LL SEE THAT A LITTLE BIT MORE THIS EVENING.
ORDINANCE AMENDMENTS. SOMETIMES WE HAVE A LOT OF VARIANCES, AND THEN I WILL COME TO YOU AS A STAFF MEMBER AND SAY, HEY, MAYBE WE CHANGE THIS AND WE'LL TAKE IT TO P AND Z AND COUNSEL. A GREAT EXAMPLE IS FOR THE LONGEST TIME, PATIO COVERS. WHEN SOMEBODY BUILT ONE IN THEIR BACKYARD, THEY HAD TO STAY 25FT OFF OF THE REAR PROPERTY LINE. WELL, AS YOU KNOW, YARDS ARE GETTING SMALLER.
AND WE'VE GOT PEOPLE THAT 25FT IS FROM THEIR PROPERTY LINE IS WHERE THE HOUSE IS. SO THEY CAN'T EVEN PUT A PATIO COVER IN. SO AS DEVELOPMENT CHANGED IN WYLIE, THE ZONING BOARD OF ADJUSTMENTS WERE APPROVING THOSE CONSISTENTLY WITH FOLKS COMING IN SAYING, HEY, I WOULD LIKE TO BUILD A PATIO, BUT I CAN'T, AND ZONING BOARD OF ADJUSTMENTS APPROVE IT. SO AFTER 4 OR 5 OF THOSE, I CAME TO THE BOARD AND SAID, HEY, DO WE WANT TO LOOK AT MAYBE CHANGING THIS SO WE DON'T HAVE TO KEEP HAVING THESE MEETINGS FOR THIS? AND THAT WAS ONE THING THAT WAS CHANGED. AND ULTIMATELY IT WAS DECIDED THAT TEN FEET WOULD BE A GOOD VARIANCE. AND THEN THE VERY LAST THING WE DON'T EVEN DO HERE IN WYLIE, A LOT OF TIMES THERE'S CITIES THAT WILL SAY. YOU CAN DO SOMETHING IN IT, BUT YOU HAVE TO GO TO ZONING BOARD OF ADJUSTMENTS FOR APPROVAL. WE DON'T EVEN AND IT WILL SAY IN THE ZONING ORDINANCE THAT YOU CAN DO THIS, BUT YOU HAVE TO GO TO ZONING BOARD OF ADJUSTMENT FOR APPROVAL. WE JUST DON'T EVEN DO THAT IN WYLIE. IF SOMEBODY WANTS TO DO SOMETHING LIKE THAT, THEN USUALLY WHAT THEY DO IS CALLED A SPECIAL USE PERMIT AND IT GOES STRAIGHT TO COUNCIL. OKAY. ALL RIGHT. ZBA OPERATES BY ADOPTED RULES AND PROCEDURES.
[00:05:02]
THOSE WERE WRITTEN BY THE BOARD MEMBERS, STAFF REVIEWED THEM, SENT HIM TO COUNCIL FOR CONSIDERATION. AND THOSE WERE APPROVED BACK IN MARCH 2020. THAT'S JUST STUFF LIKE, HERE'S THE ORDER OF OUR MEETINGS. WE'RE GOING TO MEET AT 6:00. WE'RE GOING TO MEET ON MONDAYS. ALL OF THOSE THINGS ARE PART OF THOSE RULES AND REGULATIONS. THOSE THINGS CAN BE ADJUSTED WITHIN CERTAIN REASONS. WE WITHIN CERTAIN LIMITATIONS, I GUESS I SHOULD SAY WE TRY TO GENERALLY FOLLOW WHAT COUNCIL DOES WITH THEIR RULES AND PROCEDURES. HENCE LIKE THE 6:00 START TIME, THAT'S WHAT TIME COUNCIL STARTS. SO EVERY BOARD AND COUNCIL MEETING HERE I THINK, EXCEPT MAYBE THE LIBRARY BOARD I COULD BE WRONG ON THAT. MEETS AT 6:00. BUT THAT BEING SAID DEFINITELY IF YOU HAVEN'T ALREADY, TAKE A LOOK AT THOSE AND BE FAMILIAR WITH THEM. THE NEXT IS YOUR GENERAL MEETING FORMAT. I'M NOT GOING TO GO OVER THAT IN SPECIFICS. IF YOU HAVE ANY QUESTIONS ON THAT, LET ME KNOW. THE GENERAL ITEM FORMAT. SO THAT'S THE ACTUAL ITEM ITSELF.AGAIN, I'M NOT GOING TO GO OVER THAT, BUT IF YOU HAVE ANY QUESTIONS PLEASE LET ME KNOW.
OTHER CONSIDERATIONS. SO I'M ON NOW PAGE 14 OF THE PACKET PACKET DELIVERY. THAT'S BY EMAIL. MAKE SURE YOUR EMAIL STAYS UP TO DATE. MAKE SURE YOU'RE CHECKING IT THE WEEK BEFORE THE MEETING, A NEW STATE LAW GOT PASSED THAT WE DON'T DO 72 HOURS ANYMORE FOR PACKET DELIVERY. WE HAVE TO BE OUT THREE DAYS PRIOR, NOT THREE BUSINESS DAYS PRIOR, NOT COUNTING THE MEETING DATE. SO YOU USED TO SEND THEM OUT ON FRIDAYS. YOU KNOW, SOMETIMES THURSDAYS. IF WE WERE HAVING A GOOD WEEK, NOW WE'VE GOT TO GET THEM OUT BY TUESDAY. SO THAT ANYTIME AFTER THAT ON THE WEEK PRIOR, JUST BE LOOKING FOR THEM. Z-BO DOES NOT MEET EVERY MONTH. WE ONLY MEET WHEN WE HAVE AN ITEM. BUT PLEASE, WHEN YOU'RE PLANNING VACATIONS AND THAT SORT OF THING, JUST ASSUME THAT WE ARE FOR THE NEXT TWO YEARS. YOU KNOW, YOU SIGNED UP, YOU VOLUNTEERED. I'M GLAD TO HAVE YOU. YOU KNOW, WE APPRECIATE YOUR SERVICE AND ALL THAT. BUT THIS BOARD ESPECIALLY, IT'S REALLY IMPORTANT THAT EVERYBODY SHOWS UP BECAUSE IF WE IF WE HAVE TWO PEOPLE THAT DON'T SHOW UP, WE CAN'T HAVE THE MEETING. AND WE'VE GOT FOLKS RELYING ON US, YOU KNOW, TO MAKE A DECISION. OKAY. SO THAT'S ATTENDANCE. I JUST TALKED ABOUT THAT. QUORUMS AND OPEN MEETINGS, QUORUMS I JUST TALKED ABOUT. WE HAVE TO HAVE FOUR. IF WE HAVE THREE PEOPLE, THREE BOARD MEMBERS SHOW UP, WE CAN'T HAVE A MEETING. KEEP IN MIND THAT THIS IS AN OPEN MEETING. ONE THING I.
WE HAVE TO HAVE THE DOORS OPEN. PEOPLE HAVE TO BE ALLOWED TO BE IN HERE. THAT'S WHY WHEN GARY WAS TALKING ABOUT WE GO, YOU KNOW, COULD WE POSSIBLY GO IN THERE? WE CAN'T. WE HAVE TO BE IN THIS ROOM. THERE'S NOBODY HERE THIS EVENING. BUT, YOU KNOW, A LOT OF TIMES IT'S VERY, VERY IMPORTANT THAT PEOPLE CAN COME IN. PRE-MEETING QUESTIONS. IF YOU REVIEW THE PACKET AND YOU HAVE ANY LIKE MAYBE SPECIFIC QUESTIONS LIKE HOW DOES THIS PERTAIN TO THE ORDINANCE OR YOU JUST WANT MY OPINION ON IT OR WHY, WHY ARE WE HEARING THIS OR WHATEVER IT MAY BE? PLEASE SEND ME THAT PRIOR TO THE MEETING BECAUSE I CAN GIVE YOU THE BEST POSSIBLE ANSWER, BECAUSE MAYBE IT'S SOMETHING I HAVE TO RESEARCH. YOU KNOW, I'VE BEEN DOING THIS FOR 20 YEARS, BUT AS MUCH AS I'D LIKE TO THINK SO, I DON'T KNOW EVERYTHING, YOU KNOW. AND SO IF YOU SEND ME SOMETHING, THEN WE'RE NOT TRYING TO LOOK IT UP AT THE MEETING OR SOMETHING LIKE THAT. IT'S SOMETHING THAT I CAN DEFINITELY TRY TO GET YOU AN ANSWER BEFOREHAND. IF YOU DO SEND ME A QUESTION, I WILL SEND THE ANSWER TO EVERYBODY SO THE BOARD KNOWS, HEY, THIS IS A QUESTION THAT WAS ASKED, AND HERE'S THE ANSWER TO IT. SO EVERYBODY HAS THE SAME INFORMATION OKAY. OPEN RECORDS.
ONE THING THAT I CANNOT STRESS ENOUGH DURING THE MEETING I KNOW IT'S TEMPTING SOMETIMES TO LOOK AT YOUR PHONE, ESPECIALLY IF WE'VE GOT FOLKS THAT, YOU KNOW, WE'RE HEARING THE SAME THING A LOT OR, YOU KNOW, SOMETHING LIKE THAT WHERE YOU'VE GOT PUBLIC. IT'S NOT SO MUCH IN THIS ONE, BUT LIKE PNC AND COUNCIL, YOU'LL GET MAYBE A PRESENTER IS DOING SOMETHING. YOU WANT TO LOOK SOMETHING UP, MAKE SURE IT'S ON THE COMPUTER, NOT ON YOUR PHONE. OKAY. IF THEY SAY SOMETHING LIKE, WELL, I LIVE AT THE CORNER OF SUCH AND SUCH AND MY LOTS KIND OF SMALL, AND MAYBE YOU WANT TO JUST LOOK AT THE PROPERTIES AROUND IT, MAKE SURE YOU'RE DOING THAT ON THE COMPUTER, WHICH YOU WOULD NORMALLY HAVE IN FRONT OF YOU. BUT AGAIN, WE'RE HAVING TECHNICAL DIFFICULTIES TONIGHT. AND I SAY THAT BECAUSE FOR YOUR OWN PROTECTION, IF YOU PULL YOUR PHONE OUT AND IT'S RIGHT HERE, THOSE CAMERAS CAN SEE IT. IF SOMEBODY DOESN'T LIKE THE DECISION YOU MADE, GUESS WHAT THEY CAN DO? THEY CAN ASK TO SEE WHAT YOU WERE LOOKING AT THAT NIGHT. AND THEN IT OPENS UP YOUR PHONE TO PUBLIC RECORDS. AND I JUST WE DON'T WANT TO EVEN DEAL WITH THAT IF WE DON'T HAVE TO. SO IT HAS HAPPENED VERY RARELY, BUT IT'S HAPPENED. SO JUST BE WARNED, OKAY. AND THEN CONFLICTS OF INTEREST. I CAN'T TELL YOU EXACTLY WHEN YOU WOULD HAVE A CONFLICT OF INTEREST, BUT I CAN GENERALLY SAY THAT IF YOU'RE, SAY YOUR NEIGHBOR COMES IN, OKAY. MY OPINION IS THAT'S NOT NECESSARILY A CONFLICT OF INTEREST, OKAY. SO YOU DON'T
[00:10:04]
HAVE TO EXCUSE YOURSELF FROM THE MEETING OR JUST FROM THAT ITEM IN THE MEETING. BUT LET'S SAY YOU OWN A CONSTRUCTION COMPANY THAT'S DOING THE WORK FOR YOUR NEIGHBOR WHO LIVED NEXT DOOR.AND WHETHER YOU GET THE JOB DEPENDS ON WHETHER IS DETERMINED ON WHETHER THEN NOW, MAYBE THAT'S A CONFLICT OF INTEREST. OKAY. HOWEVER, THAT BEING SAID, THAT'S JUST GENERAL ADVICE. WE ARE NOT ALLOWED TO ACTUALLY TELL YOU, HEY, YOU HAVE A CONFLICT OF INTEREST, YOU NEED TO LEAVE OR NO YOU DON'T, YOU CAN STAY. THAT IS BY STATE LAW. THAT IS UP TO YOU. WHAT I JUST SAID IS JUST GENERAL GUIDELINES. FROM WHAT I'VE SEEN PEOPLE EXCUSE THEMSELVES FOR OR WHAT MAYBE PEOPLE WOULD THINK IS COMMON SENSE KIND OF THINGS. OKAY. ALL RIGHT. AND THEN THERE IS OUR THE THREE FOLKS THAT ARE MAKE UP THE PLANNING STAFF FOR THE CITY OF WYLIE. FEEL FREE TO EMAIL OR CALL US AT ANY TIME, AND WE CAN ANSWER ANY QUESTIONS THAT YOU MAY HAVE. OKAY, ANY GENERAL QUESTIONS? I KNOW I SPED THROUGH THAT, BUT I SENT IT TO YOU A WHILE BACK AND SO I WAS HOPING YOU'D TAKE A LOOK AT IT. ANYBODY HAVE ANY QUESTIONS? ALL RIGHT, MR. CHAIRMAN, I'M TURNING IT BACK OVER TO YOU. TO YOU? DO I HANDLE THE VOTES? YES, SIR. JUST. WE'LL RAISE OUR HANDS, THOUGH, OR RAISE OUR RIGHT HANDS WHEN THE TIME COMES. OKAY. FOR CHAIR AND VICE CHAIR? YES, SIR.
VERY, VERY GOOD. OKAY, SO THE FIRST ORDER OF BUSINESS TONIGHT IS WE NEED TO VOTE ON A CHAIRMAN, AND WE NEED TO TAKE NOMINATIONS FOR THAT CHAIR. AND THEN WE WILL DO VICE CHAIR AFTER THAT. SO OPEN NOMINATIONS FOR CHAIR. WE NOMINATE MR. GRIFFIN. OKAY. OKAY. THERE IS A NOMINATION FOR BOARD MEMBER COVINGTON TO BE CHAIRMAN. DO WE HAVE A SECOND? WE DO NEED SOMEBODY TO SECOND THAT TO BE ABLE TO VOTE. YOU WANT TO SECOND IT OR NO. NO. SO IF WE DON'T HAVE A SECOND THEN WE NEED TO DO WHAT YOU HAVE ME TO KNOW IF HE'S NOMINATED OKAY. SO YEAH, WHAT WE HAVE TO DO IS IF THERE'S A NOMINATION THEN SOMEBODY HAS TO GO. I ALSO AGREE WITH THAT. THAT MEANS YOU'RE DOING A SECOND. YEAH. OKAY. I'M SO SORRY. THE SECOND IS NOT A SECOND NOMINATION. WE HAVE A NOMINATION. WE HAVE A MOTION FOR THAT ONE. WHO IS THAT? SO WE HAVE TO HAVE A SECOND ON THAT MOTION. SOMEBODY ELSE AGREES WITH THAT MOTION OKAY. ALL RIGHT. SO SHOW THAT FREDDIE IS SECOND. NOW WE CAN VOTE. ALL RIGHT. WE HAVE A MOTION AND A SECOND. ALL WHO ARE AFFIRMING BOARD MEMBER COVINGTON TO BE THE CHAIR THIS NEXT YEAR. PLEASE RAISE YOUR HAND. OR IS THERE. THAT'S FOUR ZERO. THAT PASSES VERY MUCH. THE SECOND ITEM OF BUSINESS IS WE NEED TO VOTE ON A VICE CHAIR. DO WE HAVE ANY NOMINATIONS FOR SOMEONE TO BE A VICE CHAIR? IS THERE ANYONE INTERESTED IN SERVING IN THE VICE CHAIR IN THAT POSITION THIS YEAR? SO FOR WHAT IT'S WORTH, THE VICE CHAIR, YOU TAKE THE CHAIR POSITION WHENEVER MR. COVINGTON'S NOT HERE. THAT'S THE ONLY BIG ROLE OF THAT. THOSE. HE IS HERE MOST TIMES I AM HERE MOST TIMES. IF I ABSOLUTELY CAN'T BE HERE, I'M NOT HERE. BUT MOST TIMES I AM. AND I, YOU KNOW, LISTEN, I WILL BE MORE THAN HAPPY TO MEET WITH ANY VICE CHAIR TO KIND OF SHARE WITH THEM MY NOTES. I'VE CREATED FLOWS AND HELPFUL HINTS ALONG THE PROCESS. SO. ANYBODY HAVE ANY INTEREST? AND BY THE WAY YOU CAN NOMINATE YOURSELF. DON'T FEEL SHY. I WOULD PUT MYSELF OUT THERE OKAY, GIVE ME A SHOT. VERY GOOD. WE HAVE A NOMINATION FOR VICE CHAIR FOR BOARD MEMBER. COLE, DO WE HAVE A SECOND FOR THAT NOMINATION? SECOND, SECOND, I CAN SECOND. I SECOND. ALL RIGHT, SO WE HAVE A MOTION AND A SECOND. NOW WE NEED TO VOTE. ALL IN FAVOR FOR BOARD MEMBER COLE TO SERVE AS VICE CHAIR. PLEASE RAISE YOUR HAND. VERY GOOD. THAT MOTION PASSES FOR ZERO. THANK YOU SO MUCH. WE WILL BE NOW LEAVING OUR WORK SESSION. MOVING INTO OUR CONSENT AGENDA. WE HAVE ONE ITEM ON OUR CONSENT AGENDA TODAY, AND THAT IS TO REVIEW THE MINUTES FROM LAST MONTH'S MEETING. SO YOU CAN TAKE A LOOK AT THOSE MEETING THOSE MINUTES. AND IN ORDER TO PASS THIS WE WOULD NEED A MOTION AND THEN A SECOND AND THEN A VOTE. SO I DON'T BELIEVE ANY OF YOU WERE PRESENT AT LAST MONTH'S MEETING. I HAVE LOOKED AT THESE. THEY LOOK GOOD TO ME. I WILL GO AHEAD AND MAKE A MOTION THAT WE ACCEPT THESE MINUTES AS PRESENTED. WE WILL NEED A SECOND. ALL. WE HAVE
[00:15:09]
A SECOND. NOW WE CAN VOTE. IF YOU APPROVE THE MINUTES FROM LAST MONTH'S MEETING, WILL YOU PLEASE RAISE YOUR HAND? VERY GOOD. THAT MOTION PASSES FOUR ZERO. NOW WE WILL GO AHEAD AND MOVE TO OUR REGULAR MEETING THIS EVENING. AND OUR REGULAR MEETING. LET ME GET TO IT. VERY GOOD. WE'RE GOING TO HOLD THE PUBLIC HEARING TO CONSIDER AND ACT UPON A REQUEST BY APHA ENTERPRISES, LLC FOR A VARIANCE TO SECTION 20 2-2 50 C, EIGHT E AND F OF THE CITY CODE OF ORDINANCES TO ALLOW FOR A MONUMENT SIGN GREATER THAN THE ALLOWED HIGH IN SQUARE FOOTAGE.PROPERTIES LOCATED AT 3201 WEST FARM ROAD. 544 ZBA 2025 DASH 11. THANK YOU, MR. CHAIRMAN. SO AS MENTIONED, THE APPLICANT IS REQUESTING TO BUILD A MONUMENT SIGN THAT'S HIGHER AND MORE SQUARE FOOTAGE THAN WHAT'S NORMALLY ALLOWED. AS THE REPORT MENTIONS, THE APPLICANT IS LOOKING TO BUILD A MONUMENT SIGN THAT'S 20FT TALL AND EIGHT FEET WIDE, WHICH IS A TOTAL OF 160FT■!S. NORMALLY, FOR A PROPEY THIS SIZE, YOU CAN GO NO HIGHER THAN 14FT AND IT CAN BE 60FT■!S TOTAL. THE PURPOSE OF THE SIGN SIZE REGULATIONS WE WANT TO KEEP SIZE. OBVIOUSLY ILLUMINATION, MOVEMENT, MATERIALS, LOCATION, HEIGHT, ALL OF THOSE THINGS WITHIN REASON. AND THE WHOLE IDEA THERE IS, YOU KNOW, THE ORDINANCE TALKS ABOUT PROPERTY VALUES AND PRESERVATION OF CHARACTER NEIGHBORHOODS. AND THAT'S DEFINITELY TRUE. BUT ALSO OBSTRUCTION VIEWS, DISTRACTING MOTORISTS AND DISPLACED ALTERNATIVE USE OF LAND. THE BIG ONE THAT I'M CONCERNED ABOUT GENERALLY IS JUST THE DISTRACTION TO THE MOTORISTS. THAT'S WHY ALTHOUGH IN TOWN, YOU'LL SEE SOMETIMES PEOPLE PUT THE FLAG, THE LITTLE FLAG SIGNS ON THERE, THEY'RE NOT ALLOWED.
YOU KNOW, IN GENERAL, YOU'LL GET YOUR TURN TO TALK. HANG ON JUST A MINUTE. WE DON'T LIKE MOVING SIGNS IN WILEY OR THAT SORT OF THING, YOU KNOW, BECAUSE IT CAN BE A DISTRACTION IN THAT SORT OF THING. SO ANYWAY, THE APPLICANT BELIEVES THAT THE VARIANCE REQUEST HAS MERIT DUE TO THE NUMBER OF TENANTS ON THE PROPERTY. THIS IS A PROPERTY THAT, IF YOU'RE FAMILIAR WITH IT, OFF THE TOP OF YOUR HEAD, THERE'S COLLINS JEEP, AND THEN THERE'S THE CAR WASH CARNATION ON FM 544 OVER THERE. THERE'S TWO BUILDINGS ON THAT PROPERTY. THE TENANT OR THE APPLICANT IS LOOKING FOR A BIGGER SIGN TO COVER BECAUSE OF THE NUMBER OF TENANTS ON THERE. HOWEVER, ONE OF THE ISSUES WITH ZONING BOARD OF ADJUSTMENTS IS THAT A HARDSHIP CANNOT BE SELF-IMPOSED.
OKAY. AND THAT'S ONE OF THE THINGS THAT WE TALK ABOUT. SO IT'S STAFF'S OPINION GENERALLY THAT THE HARDSHIP WAS SELF-IMPOSED BY THE NUMBER AND THE SQUARE FOOTAGE OF THE BUILDINGS THAT WAS PUT ON THERE. OKAY. AND SO THAT'S WHY THE ORDINANCE EXISTS IS AND IT'S BASED ON ACREAGE. IS THAT LIKE IF YOU LOOK TARGET, YOU KNOW, THAT THAT'S A HUGE SHOPPING CENTER. AND IT'S GOT A PRETTY LARGE SIGN OUT THERE. IN FACT, THAT SIGN IS ACTUALLY BIGGER THAN WHAT'S NORMALLY ALLOWED BY A LITTLE BIT. BUT THAT WAS PART OF A PLANNED DEVELOPMENT THAT WAS ALL DONE THAT WAY. IT WAS PLANNED THAT WAY ON PURPOSE. BUT WHEN YOU HAVE IF YOU LOOK AT A LOT OF THE OTHER AREAS THAT HAVE LITTLE STRIP CENTERS AND THEY MIGHT HAVE 3 OR 4. TENANTS THERE, THEIR SIGN IS STILL ONLY LIKE 6 OR 7FT HIGH AND MAYBE 3 OR 4FT WIDE, WITH LITTLE SIGNS ON THEM THAT SHOW WHO'S THERE. AND WITH THAT, THAT'S MY REPORT. AND I CAN ANSWER ANY QUESTIONS.
AND THE APPLICANT, I BELIEVE, IS HERE THIS EVENING. OKAY. ANY QUESTIONS FOR MR. HASTINGS? ALL RIGHT. APPLICANTS PRESENT. WOULD YOU LIKE TO ADDRESS THE BOARD, PLEASE? COME ON UP HERE. THE MICROPHONE MAY OR MAY NOT BE WORKING, AND BUT WE ASK YOU TO GO AHEAD AND PLEASE STATE YOUR NAME, AND I'M SORRY. WAIT. OKAY. MY NAME IS OKAY. AND WHAT WOULD YOU LIKE TO TELL THE BOARD CONCERNING THIS REQUEST? THE DIFFERENCE IS GOOD FOR ME BECAUSE MY TWO. SHORT TWO SWITCHES IS ON THE BACK AND THE FRONT. FRONT BUILDING. SO I NEED THE SIGN ON THE WALL. AND WHAT HAPPENED WAS OKAY. VERY GOOD. DOES ANYBODY HAVE ANY QUESTIONS FOR THE APPLICANT? I'LL ASK.
[00:20:11]
I'LL ASK A QUESTION. SO YOU HAVE A SIGN NOW EXISTS. WILL YOU BE TAKING THAT ONE DOWN REPLACING IT OR ARE YOU ADDING. NO ADDING. IN. AND THEN ANOTHER QUESTION TO FOLLOW UP THE ORIENTATION IN THE PACKET WAS SHOWING IT PARALLEL TO THE STREET. IS THAT YOUR INTENTION AND CONSTRUCTED. WELL THEY TALKED ABOUT THAT PARALLEL TO THE STREET OR PERPENDICULAR TO THE STREET IN ORIENTATION.SO. YEAH, HE'S JUST ASKING YOU BECAUSE THIS PICTURE SHOWS A PARALLEL RATHER THAN PERPENDICULAR. DOES IT GOING TO BE TURNED THAT WAY? ANYTHING YOU WANT TO OKAY. ANYTHING ELSE FOR THE APPLICANT. ALL RIGHT SIR, THANK YOU SO MUCH. WE ARE GOING TO GO AHEAD AND OPEN A PUBLIC HEARING. IS THERE ANY CITIZENS HERE THAT WOULD LIKE TO ADDRESS THE BOARD BASED UPON THIS REQUEST? SEEING THAT THERE IS NONE, I WILL CLOSE THE PUBLIC HEARING. WE CAN MOVE TO BOARD DISCUSSION. SO IN OUR BOARD DISCUSSION, WE JUST SIMPLY DISCUSS AS A BOARD OUR FEELINGS ABOUT THIS. IF WE HAVE ANY THOUGHTS ABOUT THIS OR ANY QUESTIONS, WE CAN CERTAINLY ASK US. IF WE NEED TO ASK THE STAFF OR THE APPLICANT, WE CAN DO THAT AS WELL IF WE NEED TO. ANYBODY HAVE ANY QUESTIONS ABOUT THIS? I THINK IT'S. I DON'T KNOW IF I HAD ANY QUESTIONS IN MY GENERAL THOUGHT IS IT'S A LARGER SIGN THAN ANY OTHER SIGN ON THE STRETCH OF ROAD. IT FEELS LIKE AN EXCESSIVE REQUEST. AND SEVERAL OTHER BUSINESSES THAT HAVE 6 OR 7 TENANTS WITH SIGNS THAT ARE WITHIN THE ZONING REQUIREMENTS. SURE. SO YEAH, 6060 TOTAL SQUARE FEET TO 160 TOTAL SQUARE FEET. THE ALLOWED TO WHAT THE REQUEST IS SEEMS A BIT EXCESSIVE IN THIS INSTANCE FOR SURE. IT'S ALMOST DOUBLE RIGHT? YEAH. IT WOULD BE MORE THAN DOUBLE. YEAH ABSOLUTELY.
YEP. FOR SURE. ANY OTHER DISCUSSION. THIS IS A REQUEST FOR US. AND SO AS I UNDERSTAND IT CORRECT ME IF I'M WRONG. WE DO NEED TO MOVE IN SOME WAY. NOW WE CAN CHANGE THE MOTION IF WE WANT TO, TO WHATEVER WE WANT TO CHANGE IT TO. SO FOR EXAMPLE, IF WE WANT TO MAKE A MOTION AS IT'S WRITTEN, WE CAN WE CAN MAKE A VOTE TO APPROVE OR NOT APPROVE IT. HOWEVER, IF WE ALSO CAN CHANGE THE MOTION TO NOT APPROVE IT, AND IF WE MAKE A MOTION TO NOT APPROVE IT, THEN WE JUST HAVE TO MAKE SURE THAT WE VOTE THE CORRECT WAY TOWARDS THAT MOTION. DOES THAT MAKE SENSE? YOU GUYS, YOU GUYS TRACKING WITH ME? YEAH, I BELIEVE SO. SO IF THE MOTION IS EITHER TO APPROVE OR DENY, THAT'S THAT IS CORRECT. NOW THAT BEING SAID, THE APPLICANT LEFT. I'M NOT SO. BUT UNDER OTHER CIRCUMSTANCES IF LET'S SAY YOU THINK THAT SOMETHING COULD BE CHANGED, YOU CAN ALSO MAKE A MOTION WITH CONDITIONS. THAT'S RIGHT. IN OTHER WORDS, LIKE YOU CAN YOU CAN ALMOST NEGOTIATE WITH THE APPLICANT AND SAY LIKE, LOOK, I CAN'T DO THIS, BUT WE CAN DO THIS, YOU KNOW, BUT WE CAN'T DO THAT NOW. SO YES, WE UNDER TONIGHT IT WOULD BE APPROVE OR DENY. WE CAN MAKE A MOTION NOT TO DO 160, BUT TO GO LESS THAN THAT IF WE WANTED TO. SO WE CAN DO ALL KINDS OF CREATIVE THINGS. AND THAT DOESN'T ALWAYS HAPPEN. BUT IT HAS HAPPENED AND WE CAN DO THAT. SO. SO ANY ANYBODY HAVE. EXCUSE ME. OH. NO THAT'S OKAY. SO DO WE HAVE A MOTION.
ANY MOTION. FOR ME I THINK IT'S A MAYBE EXCESSIVE OKAY. SO LET'S CUSTOMIZE IT IN THE WAY THAT IT WON'T BE OUTSTANDING COMPARED TO THE OTHER SIGN THAT WE HAVE ON THAT ON THAT ROAD. AND THE APPLICANT HAS ASSIGNED THE APPLICANT HAS A SIGN. SO WE COULD JUST SIMPLY DENY THE REQUEST. AND HE STILL IS TAKEN CARE OF WITH A SIGN THAT FALLS UNDER THE CITY ORDINANCE. DOES THAT MAKE SENSE? YEP. SO. I WANT TO READ IT TONIGHT. OKAY. I'LL BE HAPPY TO LEAD IT. MR.
[00:25:03]
COVINGTON, I'LL MAKE A MOTION. THERE WE GO. OKAY. VERY GOOD. WE HAVE A MOTION TO DENY THE REQUEST AS PRESENTED. DO WE HAVE A SECOND TO DENY THAT REQUEST? WE MUST HAVE A MOTION AND A SECOND. AND THEN A VOTE. I WILL SECOND THAT MOTION. SO NOW WE HAVE A MOTION AND A SECOND. IF YOU ARE IN FAVOR OF DENYING THE REQUEST THAT WAS PUT BEFORE US, PLEASE RAISE YOUR HAND. THE MOTION TO DENY THE REQUEST AS CARRIED FOR ZERO. THANK YOU SO MUCH. I BELIEVE THAT IS THE ONLY ITEM ON OUR REGULAR AGENDA, AND I DON'T BELIEVE THAT WE HAVE ANY GENERAL BUSINESS. SO I WILL ENTERTAIN A MOTION TO ADJOURN THE MEETING. DOES ANYONE WANT TO MAKE A MOTION TO ADJOURN THE MEETING? SUPER SIMPLE. LET'S ADJOURN. I'LL MAKE A MOTION TO ADJOURN. VERY GOOD. WE HAVE A MOTION TO ADJOURN. DO WE HAVE A SECOND? COME ON. OKAY. WE HAVE A MOTION AND A SECOND TO ADJOURN THE MEETING. ALL IN FAVOR? DURING THE MEETING, PLEASE RAISE YOUR HAND. THAT MOTION CARRIES FOUR ZERO, SO WE'LL LET YOU GO HOME. NOW. WE ARE DONE. THANK YOU SO* This transcript was compiled from uncorrected Closed Captioning.