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[00:00:02]

LIKE TO CALL A MEETING TO ORDER AND THE FIRST ITEM OF BUSINESS, I'D LIKE TO TAKE AN

[CALL TO ORDER]

OPPORTUNITY TO RECOGNIZE THE LOSS OF ROGER HUBER, ONE OF OUR BOARD MEMBERS HERE JUST RECENTLY PASSED.

THE PANDEMIC HAS CAUSED LOSS TO A LOT OF FAMILIES.

AND IT DIDN'T SPARE OUR SMALL BOARD OF ADJUSTMENT FAMILY EITHER.

I JUST WANTED TO RECOGNIZE THE FACT THAT ROGER SERVED ON THIS BOARD FOR 17 YEARS, GIVEN A LOT OF SERVICE TO THIS COMMUNITY AND THIS ASPECT, AND WE LED HIM TO REST THIS PAST WEEKEND. AND IT WAS OBVIOUS BY THE FOLKS AT THE MEMORIAL SERVICE THAT HE HAS IMPACTED A LOT OF PEOPLE BEYOND THIS SMALL GROUP.

HE HAD A LARGE IMPACT IN THE EDUCATION COMMUNITY, HAD AN IMPACT ON A LOT OF CHILDREN AND TEACHERS, LIVES IN THE ROLES THAT HE PLAYED FOR MANY YEARS IN THAT PROFESSION.

AND WE WILL CERTAINLY MISS HIM HERE, NOT ONLY HIS SMILE, BUT HIS LEADERSHIP AND HIS WISDOM. I'D LIKE TO TAKE JUST A MOMENT FOR US TO REMEMBER HIM AND HIS FAMILY AND TO LIFT THEM UP.

FIRST ORDER OF BUSINESS, I BELIEVE, IS THE PUBLIC HEARING IS THAT CORRECT KELLY, IT'S NOT ON THE AGENDA, BUT WE TYPICALLY DO THAT NOW.

WE CAN WE HAVE ONE ITEM ON THE AGENDA.

AND I BELIEVE WHAT WE DID IS TO RESOLVE CONFUSION.

WE JUST PUT PUBLIC HEARING ON EVERY ITEM.

SO THE MINUTES AND WE DID THAT INSTEAD OF HAVING.

OK, SO THAT IT WAS OK, NO PROBLEM.

FIRST ITEM OF BUSINESS

[1. Minutes: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Approving the Minutes from the Regular Meeting Held on December 8, 2020. ]

EVERYONE HAD A CHANCE TO REVIEW THOSE.

MOTION TO APPROVE.

SECOND.

ALL THOSE IN FAVOR.

AYE. THOSE MINUTES STAND APPROVED.

THE BOARD OF ADJUSTMENT HAS FIVE MEMBERS, FOUR OF WHICH MUST BE PRESENT AT EACH MEETING.

[2. BA-2021-01: Receive a Report and Hold a Discussion and Public Hearing on a request from Ameritex Homes, agent Daniel Zarate, to seek a ten (10) foot variance from the minimum lot width of 60 feet for 1402, 1414, 1422, 1426, 1442 Plum Street. Additionally the applicants are seeking a six (6) foot variance from the minimum 15 foot exterior street side setback for 1402 Plum Street. ]

FOUR FAVORABLE VOTES, ARE REQUIRED TO APPROVE ANY REQUEST UNDER CONSIDERATION.

THE SPECIAL EXCEPTION OR VARIANCE IS GRANTED BY THIS BOARD.

THE APPLICANT HAS 180 DAYS FROM THIS DATE TO OBTAIN A BUILDING PERMIT IF ONE IS REQUIRED . A LONGER PERIOD OF TIME WILL BE CONSIDERED BY THIS BOARD IF REQUESTED BY THE APPLICANT A T THIS HEARING, A BUILDING PERMIT MAY BE APPLIED FOR THE DAY.

THE REQUEST IS APPROVED AFTER THE MEETING IS ADJOURNED.

IF THE REQUEST WAS DENIED.

IT MAY NOT BE RECONSIDERED BY THIS BOARD UNTIL 12 MONTHS FROM THIS DATE.

APPEALS FROM THE DECISIONS OF THIS BOARD MAY BE MADE TO A COURT OF RECORD IN THIS CASE, THE DISTRICT COURT WITHIN TEN DAYS FROM THE DATE, WE HAVE TO SWEAR AN OATH TO THOSE THAT ARE GOING TO BE COMING FORWARD TO SPEAK THIS MORNING.

SO IF YOU PLAN ON COMING FORWARD TO THE PODIUM TO PRESENT A CASE OR SPEAK ON BEHALF OF A CASE ONE WAY OR ANOTHER, IF YOU WOULD RAISE YOUR RIGHT HAND.

DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? OK, THANK YOU. NEW BUSINESS, THE FIRST ITEM IS ITEM BA 2021-01, RECEIVER REQUESTS HOMES. AGENT DANIEL OK, THANK YOU. TO SEEK A 10 FOOT VARIANCE FROM THE MINIMUM LOT WIDTH THIS INVOLVES MULTIPLE LOTS THERE ON PLUM STREET, I GUESS IT'S LOTS SO IT'S 1402, 1411, OR 1414, 1422, 1426, 1442.

OK, THANK YOU.

ADDITIONALLY, THE APPLICANT IS REQUESTING A SIX FOOT VARIANCE FROM MINIMUM 15 FOOT EXTERIOR STREETSIDE SET BACK FOR 1402 PLUM STREET.

[00:05:07]

GOOD MORNING, GENTLEMEN. THANK YOU.

OH, YES. GOOD MORNING, GENTLEMEN.

MY NAME IS NICK WATTS AND I SERVE AS A CITY PLANNER HERE FOR THE CITY OF ABILENE.

I'LL BE PRESENTING THIS CASE.

IT'S BA 2021-01 THAT'S ON BEHALF OF AMERITEX HOMES.

AND THE AGENT IS DANIEL IT'S TWO REQUESTS.

THE FIRST REQUEST IS A 10 FOOT VARIANCE FROM THE MINIMUM WIDTH OF 60 FEET, WHICH IS REQUIRED WITHIN OUR SIXTH ZONING DISTRICT FOR 1402, 1414, 1422, 1426, 1442 PLUM STREET. THE SECOND REQUEST, IT'S A SIX FOOT VARIANCE FROM THE MINIMUM 15 FOOT EXTERIOR STREET SIDE SET BACK WITHIN ITS RS6 ZONING DISTRICT FOR 1402 PLUM STREET.

SINCE THESE ARE MULTIPLE PLOTS, THE LOCATION IS ACTUALLY CONSIDERED FOURTEEN HUNDRED BLOCK OF PLUM STREET.

AS REQUIRED BY LAW WE SET UP NOTIFICATION LETTERS TO EVERYONE WITHIN A 200 FOOT BUFFER OF ALL OF THE PROPERTIES WE RECEIVED ZERO IN FAVOR AND ONE IN OPPOSITION.

HERE'S AN AERIAL LOCATION MAP INDICATING THE PROPERTIES IN QUESTION.

YOU SEE THE THE LOT TO THE SOUTH OR THE VERY BOTTOM, THIS IS 1402 AND IT SENDS ALL THE WAY TO THE TOP AT 1442.

YOU CAN SEE THERE ARE SOME VACANT LOTS IN BETWEEN.

WE'RE JUST TALKING ABOUT THE LOTS THAT ARE HIGHLIGHTED AND STRIPED IN YELLOW.

THIS IS A ZONING MAP OF THE AREA AND THE BLOCK, YOU CAN SEE THAT IT'S PRIMARILY THE ENTIRE AREA IS ZONED AS RS6 SINGLE FAMILY RESIDENTIAL.

HERE'S THE NOTIFICATION AREA MAP OF ALL THE PROPERTY OWNERS WITHIN THIS 200 FOOT BUFFER YOU SEE THE ONE IN OPPOSITION, AND THAT'S INDICATED BY THAT RED CIRCLE THERE, THAT'S 738 NORTH 14TH STREET.

SO A LITTLE BIT OF BACKGROUND INFORMATION.

DID THEY HAVE ANYTHING PARTICULAR TO SAY NICK IN THE OPPOSITION.

NO.

JUST CHECK MARKED THE BOX.

A LITTLE BIT OF BACKGROUND INFORMATION ON THIS SUBJECT PROPERTIES, IT'S THE 14 HUNDRED BLOCK OF PLUM STREET.

IT'S A SEGMENT OF THE CARVER NEIGHBORHOOD.

IT'S AN ORDER CENTRALLY LOCATED NEIGHBORHOOD WITH A MIXTURE OF RESIDENTIAL AND COMMERCIAL ZONING DISTRICTS. THE NEIGHBORHOOD HAS SLOWLY DECLINED SINCE THE LATE 1970S, WITH MANY SINGLE FAMILY RESIDENCES NEGLECTED, CONDEMNED AND CONSEQUENTLY DEMOLISHED, LEAVING A LARGE NUMBER OF VACANT PROPERTIES THROUGHOUT THIS BLOCK.

MANY OF THESE LOTS ARE UNPLATTED, INCLUDING THESE FIVE LOTS IN QUESTION.

THAT'S WHY WE'RE HAVING TO GO THROUGH THE BOARD OF ADJUSTMENT AS WELL.

THESE FIVE UNPLATTED LOTS OF PORTIONS OF BLOCK H AND BLOCK I OF THE SUBDIVISION PLATTED IN 1885.

BLOCK H AND BLOCK I ARE CURRENTLY ZONED AS RS6, WHICH REQUIRES A MINIMUM LOT WITH 60 FOOT AND A MINIMUM LOT DEPTH OF 100 FOOT.

THESE FIVE LOTS IN QUESTION ARE 50 FOOT IN WIDTH AND ONE HUNDRED AND FIFTY FEET IN DEPTH. ON THE SECOND VARIANCE REQUEST.

I'LL GIVE A LITTLE BIT OF BACKGROUND INFORMATION ON THAT AS WELL.

AND THAT'S FOR 1402 PLUM STREET.

IT'S NORTH 14TH STREET IS A LOCAL STREET, WHICH HAS A UNUSUALLY LARGE RIGHT OF WAY BUFFER. THE STREET EXTENDS ALONG THE SOUTH SIDE OF 1402 PLUM STREET AND HAS A TWENTY TWO POINT FIVE FOOT PUBLIC RIGHT A WAY ON EITHER SIDE OF THE STREET.

WITH TODAY'S STANDARDS, A STANDARD LOCAL STREET HAS A 10 FOOT PUBLIC RIGHT OF WAY ON EACH SIDE OF THE STREET. ORIGINALLY, THE STREET WAS PLATTED TO ALLOW FOR HORSE DRAWN CARRIAGES AND THE RIGHT OF WAY LARGE ENOUGH FOR SUCH CARRIAGES TO TURN AROUND.

TURN AROUND. THERE ARE SOME ILLUSTRATIVE MAPS OF A NEIGHBORHOOD STRATEGY PLAN THAT WAS ENACTED IN 1980.

YOU CAN SEE THAT ON THE LEFT HAND SIDE THAT THEY PLANNED USE AT THAT TIME SHOWED THAT BLOCK H AND BLOCK I AS PRIMARILY RESIDENTIAL WITH COMMERCIAL DISTRICTS TO THE WEST AND THE MIXTURE OF OTHER ZONING DISTRICTS THROUGHOUT.

THE PROPOSED LAND USE. WHAT THEY INITIALLY WANTED TO SEE WITHIN THE CARVER NEIGHBORHOOD

[00:10:02]

WAS THAT TO THE WEST WOULD BE PRIMARILY ALL COMMERCIAL THAT EXTENDS ALONG WALNUT STREET THERE. AND FOR BLOCK H AND BLOCK I TO REMAIN RS6 AND THE RED INDICATES MULTIFAMILY.

HERE'S AN EXAMPLE OF THE SITE PLAN PROPOSED BY AMERITECH'S HOMES.

SO YOU CAN SEE THAT THE PROPOSED HOUSING UNIT CAN FIT ON A 50 FOOT WIDTH LOT? HERE IS A EXAMPLE SITE PLAN FOR 1402 PLUM STREET, INDICATING THE SEPARATION BETWEEN NORTH 14TH STREET AND THE PROPOSED HOUSE OR RESIDENCE ON 1402.

THERE ARE SOME SUBJECTS OR SUBJECT PHOTOS OF THE PROPERTY THAT'S THE 1400 BLOCK AGAIN.

YOU CAN SEE THAT THE NORTH NEIGHBORING PROPERTY, THAT WAS ONE OF THE PROPERTIES THAT YOU SEE IN THIS PHOTO.

YOU CAN SEE THAT THERE ARE RESIDENCES STILL LOCATED ON THESE UNPLATTED LOTS.

AND THERE ARE ALSO DEVELOPING PROPERTIES TO THE EAST ON PLUM STREET.

THESE ARE ALSO BEING BUILT BY AMERITEX HOMES.

HOWEVER, ALL THESE ALL OF THESE TRACTS OF LAND ARE CURRENTLY PLATTED TO THE EAST AND THEY'RE PLATTED 50 FOOT WIDTH LOTS.

YOU CAN ALSO SEE NORTH 14TH STREET AND THAT RIGHT OF WAY RIGHT THERE.

STAFF REVIEWED PURSUANT TO SECTION ONE POINT FOUR POINT FOUR POINT ONE OF THE LAND DEVELOPMENT CRITERIA FOR APPROVAL AND STAFF IS RECOMMENDING APPROVAL.

IN THIS CASE.

BE HAPPY TO ANSWER ANY QUESTIONS.

ANY QUESTIONS FOR NICK? SO JUST TO CLARIFY, THESE ARE UNPLATTED IS THAT CORRECT? YES, THESE ARE UNPLATTED LOTS. THE ONLY PLAT THAT WE HAVE ON RECORD IS THIS PLAT THAT INDICATES THAT THE LOTS WERE ACTUALLY PLATTED, JUST NOT THE LOTS.

OK, AND THE ONE ON THE EAST SIDE OF PLUM STREET, THOSE ARE PLATTED.

SO WE DON'T HAVE TO GO THROUGH THE SAME PROCESS FOR THOSE.

CORRECT. OK.

CAN YOU GO BACK TO THE SLIDE SCREEN THAT SHOWED THE FLOOR PLAN OF THE HOUSE ON THE LOT? I JUST WANT TO CLARIFY NOT SURE IF I DID.

WE ARE RECOMMENDING APPROVAL FOR BOTH VARIANCES.

ANY OTHER QUESTIONS FOR NICK. THANK YOU, NICK.

APPRECIATE IT. AT THIS POINT, I'D LIKE TO OPEN THE PUBLIC HEARING.

WOULD THE PROPONENT, PLEASE COME FORWARD, STATE YOUR NAME AND ADDRESS AND THE REASON FOR YOUR REQUEST.

ARE YOU THE PROPONENT.

PROPONENT. THANK YOU.

I'M DANIEL AS HE SAID, THE OTHER SIDE OF THE STREET, WE'RE ALREADY COMMENCING CONSTRUCTION.

THIS IS ALL NEW RESIDENTIAL CONSTRUCTION THAT WE'RE DOING.

THE OTHER SIDE WAS PLATTED.

THE WEST SIDE OF THE STREET WAS NOT PLATTED.

SO IF WE GET THE APPROVAL ON THE VARIANCE TODAY, OUR NEXT STEP IS I HAVE OUR ACTUAL REPLAT TURNED IN TWO DAYS AGO.

SO THEN WE'LL TURN IT OVER TODAY OR TOMORROW TO ACTUALLY START THE RELAT PROCEDURE.

THE ONE ON 1402 PLUM, OF COURSE, ANY TIME YOU'RE NEAR A DUAL FRONTAGE ROAD.

THE CONCERN IS BACKING OUT VISIBILITY INTO TRAFFIC, STUFF LIKE THAT.

SO ON OUR SITE PLAN, WE ACTUALLY POSITION THAT HOUSE AS FAR AWAY FROM THAT STREET AS WE

[00:15:01]

POSSIBLY COULD IN ORDER TO PROVIDE AS MUCH VISIBILITY AND KEEP THAT VISIBILITY TRIANGLE.

I BELIEVE WE DREW IT OUT.

IT'S ABOUT 20 FEET, 25 FEET MAYBE.

NOPE, THAT ONE WAS 30.

WHERE YOU COULD CLEARLY SEE INTO THE NORTH 14TH STREET SO YOU COULD SEE A CAR APPROACHING THAT INTERSECTION. WE ALSO MADE SURE THAT THE DRIVEWAY WAS ON AS FAR AWAY FROM THAT SECONDARY ROAD AS WE COULD, SO THERE'S SAFETY IN BACKING OUT.

BUT OTHER THAN THAT, I'M WILLING TO ANSWER ANY QUESTIONS Y'ALL HAVE.

QUESTIONS FOR DANIEL? MR. YES SIR. YOU SAID THE VISIBILITY TRIANGLE CORNER TO CORNER IS 30 FEET IS THAT CORRECT? ABOUT THAT. IT MIGHT BE A LITTLE MORE.

THAT'S AN OLD ENGINEERING TERM, BUT.

THANK YOU. WHAT SQUARE FOOTAGE IS THIS PLAN? THAT IS A 1028 SQUARE FOOT LIVABLE SPACE.

SO THIS ONE ALSO HAS A GARAGE IN IT, TOTAL SQUARE FOOTAGE, I BELIEVE IS 1774 SQUARE FEET.

SO THAT'S AN EXISTING PLAN, OF Y'ALL, OF THE COMPANY.

YES, SIR. SO AND IN ORDER TO BASICALLY FIT IT WITHIN CURRENT GUIDELINES ON THIS LOT, YOU WOULD NEED TO ALTER CHANGE THAT FLOOR PLAN.

IS THAT. YES SIR.

IF WE WERE TO GO WITH THE 15 FOOT SIDE SET BACK LIKE WE WERE TALKING ABOUT, I CAN'T REMEMBER A WHILE SINCE WE DID THAT, BUT I BELIEVE IT LEAVES US WITH A 20 FEET WIDE B UILDABLE SPACE, WE DON'T HAVE A PLAN CURRENTLY THAT FITS ON THAT LOT, SO WE WOULD END UP SELLING THIS LOT AND THEN TRYING TO MOVE FORWARD WITH THE OTHER FOUR, POSSIBLY.

WE'D HAVE TO DO A COST BENEFIT OF THAT. AND THESE ARE UNPLATTED.

CORRECT? THE LOTS. CORRECT.

THE LOTS CURRENTLY.

SO, I MEAN, IF YOU CAN LEAVE THEM IN THIS DIMENSION, YOU HAVE TO DO THIS TO FIT THAT FLOORPLAN MODEL OF THE COMPANIES ON THERE, OR WOULD BE TO REPLAT THEM TO BIGGER LOTS.

CORRECT. THERE IS.

BUT IT WOULD CREATE FEWER HOUSES.

YES. I MEAN, FEWER SINGLE FAMILY ONE TO FOUR PROPERTIES.

YES, SIR. AND THEN THE LOT NEXT TO LOT TWO WE DO NOT OWN.

AND THAT'S WHY WE WOULD HAVE TO SELL THIS ONE.

THAT ONE BELONGS TO SOMEBODY ELSE.

AND I CAN'T REMEMBER IF THEY DON'T WANT TO SELL OR WE JUST CAN'T GET A HOLD OF THEM.

SO WE COULD NOT PURCHASE THAT ENTIRE SECTION TO JUST REPLAT EVERYTHING.

RIGHT. OK.

DO YOU PLAN TO HAVE GARAGES ON ALL OF THE HOUSES? NO, SIR. THERE'S A MIX BETWEEN OUR 1028 PLAN THAT HAS THE GARAGE AND THEN THERE'S A TEN NINETY PLAN AGAIN, LIVABLE AREA OF 1090 SQUARE FEET.

THAT ONE DOES NOT HAVE A GARAGE, BUT WE DO HAVE THE TWO OFF STREET PARKING SPOTS AS REQUIRED FOR THAT ONE AS WELL.

MY COMMENT I HAVE IS I'D LIKE TO COMMEND YOU FOR INVESTING IN PARTS OF ABILENE LIKE THIS TO RESTORE THEM TO MODERN, CURRENT, USABLE AND BRING THEM BACK ON THE TAX ROLLS EFFECTIVELY. APPRECIATE THAT EFFORT AND THE WORK THAT YOU GUYS DO TO BRING THAT TO FRUITION. YEAH WE'RE ALWAYS HAPPY TO.

AMERITEX IS 100 PERCENT AFFORDABLE HOMES, NOTHING ABOVE 200,000, ALL INFILL LOTS, WITH VERY FEW EXCEPTIONS. WE'RE WORKING IN TUSCAN RAILS RIGHT NOW.

BUT ALL AFFORDABLE HOMES, MOSTLY EMPTY LOTS.

AND WE'RE DOING A LOT OF WORK IN ABILENE SO WE'RE HAPPY TO BE HERE.

I DON'T KNOW. THAT'S A CRAZY ATTITUDE.

AFFORDABLE HOMES.

THANK YOU, SIR. IS THERE ANYONE ELSE TO SPEAK IN FAVOR OF THIS REQUEST.

COME FORWARD, PLEASE SIR. STATE YOUR NAME AND ADDRESS.

AND GOOD MORNING, COUNCIL, HOW ARE YOU GUYS DOING THIS MORNING? MY NAME IS STEVEN WOODARD AND MY ADDRESS IS ONE IS FROM SOME NEIGHBORHOODS 1409 PLUM.

[00:20:09]

BUT I CURRENTLY RESIDE IN THE FIRST LOT ON THE FIRST ADDRESS THAT YOU GUYS HAVE ON FILE IS 1402 PLUM AND I'M HERE TO ASK THE PERSON WHO OWNS THAT LOT IS A RELATIVE OF MINE, SO I'M TRYING TO FIND OUT WAS THAT LOT SOLD OR. BECAUSE I DON'T THINK HE KNOWS THAT THIS LOT IS UP FOR AMERITEX HOMES.

SO I WAS WONDERING TO FIND OUT IF ANYONE THAT I COULD SPEAK TO TO FIND OUT, DID THEY GET IN CONTACT WITH HIM TO SELL THAT LOT.

BECAUSE I KNOW THAT MY AUNT, WHO WAS A THERE OUT HOW DID IT GET SOLD LIKE THAT, BECAUSE I DO KNOW HER SOLE PROPRIETOR OF THAT LOT IS CURRENTLY ALIVE, AND I DON'T THINK SHE EVEN KNOWS ABOUT THAT HER OR HER BROTHER. SO HOW WOULD I FIND OUT THAT INFORMATION? YES, IT WOULD BE BEST TO YOU COULD SPEAK TO THE DEVELOPER HERE TODAY OR YOU COULD GO TO THE COUNTY AND SEARCH THE DEED RECORDS.

BUT THAT'S NOT INFORMATION THAT THIS BOARD WOULD NECESSARILY HAVE OR ANYTHING HAVING TO DO WITH THEIR DECISION MAKING PROCESS.

AND SO REALLY, THEY WOULDN'T KNOW THE ANSWER TO THAT QUESTION.

BUT AND I DON'T KNOW, BUT YOU'RE WELCOME TO ASK HIM AFTER THE MEETING.

IT'S JUST NOT SOMETHING THAT IS THE TOPIC OF THE DECISION THAT THEY'RE MAKING TODAY.

DOES THAT MAKE SENSE? IT DOES MAKE SENSE, BUT.

THEY DON'T HAVE ANY KNOWLEDGE OF IT, SO YOU CAN CHECK THE DEED RECORDS OVER AT THE COUNTY OR TALK TO THIS GENTLEMAN HERE HE MIGHT BE ABLE TO HELP YOU AFTER THE MEETING.

WELL, MOST DEFINITELY.

THANK YOU FOR YOUR TIME. APPRECIATE IT.

SO.

YOU BET. THANK YOU.

MR. WOODARD.

IF I MADE THIS ADDRESS, EVEN THAT PART OF THE CONCERN IN THE EVENT THAT THIS IS APPROVED AND THEY GO TO PLAT THE LOT IN ORDER TO GET A BUILDING PERMIT, THEN THEY WOULD NEED TO YOU KNOW, THEY HAVE TO HAVE PROOF OF OWNERSHIP, TITLE, DEED, ALL OF THAT BEFORE THEY COULD DO ANYTHING WITH IT.

SO IT WOULDN'T NECESSARILY HAVE ANYTHING TO DO WITH THE DECISION THAT YOU GUYS MAKE TODAY.

BUT IN THE PLATTING PROCESS, THE APPLICANT WOULD HAVE TO SHOW THAT THEY ARE THE OWNER OF THE LOT. I FIGURED THAT THERE WAS A STEP IN THE PROCESS THAT I KNOW CERTAINLY IF THERE'S FINANCING INVOLVED, TYPICALLY THE BANK IS GOING TO WANT TO SHOW PROOF OF OWNERSHIP BEFORE THEY WOULD PROCEED WITH THE FINANCING.

SO. THERE'S GOT TO BE SOME DOCUMENTATION THERE, MR. WOODARD. SO, AGAIN, THAT'S LIKE KELLY MENTIONED, THAT'S NOT IN OUR PURVIEW UP HERE RIGHT NOW AND OR PART OF THE CONSIDERATION.

BUT I CAN CERTAINLY UNDERSTAND WHY IT'S OF CONCERN TO YOU.

AND THERE SHOULD BE THAT INFORMATION AVAILABLE VIA THE DEVELOPER TO PROVIDE THAT INFORMATION TO YOU. SO.

IS THERE ANYONE ELSE TO SPEAK IN FAVOR? ANY ONE TO SPEAK IN OPPOSITION.

SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING DISCUSSION.

OK.

COME COME FORWARD TO THE PODIUM.

MR. WOODARD, A LITTLE BIT OUT OF ORDER HERE, BUT WILL REOPEN YOU AND ALLOW YOU TO SPEAK.

GO AHEAD. I APPRECIATE THAT MR. I KNOW FOR A FACT THAT MY AUNT, WHEN SHE PASSED, SHE SAID SHE WANTED THAT LOT TO BE LIKE A LITTLE PARL FOR THE COMMUNITY.

BUT, YOU KNOW, WITH HER SON AND HER DAUGHTER, I DON'T KNOW, YOU KNOW, IF THEY LIKE I SAID, I DON'T KNOW. I DON'T THINK THEY WOULD SELL.

THIS IS MY HONEST OPINION ABOUT THAT.

SO I GUESS THE LIKE YOU SAID, I'LL HAVE TO TALK WITH HIM ABOUT THAT.

BUT I DO KNOW THAT SHE SAID IN HER PASSING THAT SHE WOULD LIKE TO HAVE HER LOT BE A PARK FOR THE KIDS TO COME TO AND PLAY BECAUSE SHE SAID THAT SHE DIDN'T LIKE THE WAY THAT THE CHILDREN WOULD HAVE TO GO SO FAR DOWN TO STEVENSON PARK OR TO COBB PARK IN ORDER TO HAVE SWINGS AND THINGS OF THAT NATURE.

AND I DO KNOW FOR A FACT THAT MY AUNT WANTED THAT A LOT BECAUSE SHE HAD, IT'S A CORNER LOT. AND SHE USED TO HAVE PLUM TREES, APRICOTS AND THINGS OF THAT NATURE TO HELP THE COMMUNITY. BUT THEY DIDN'T HAVE ENOUGH MONEY TO GO TO THE GROCERY STORE OR WHATEVER.

SHE WOULD GIVE THEM PRESERVES AND FRUIT AND THINGS OF THAT NATURE.

[00:25:01]

SO THAT'S WHY I'M JUST SAYING I REALLY WANT TO KNOW.

I GUESS I HAVE TO TALK TO THIS GUY OVER HERE.

SURE. THE OTHER QUESTION OR COMMENT I WOULD MAKE IS.

DO YOU KNOW IF ANY OF THAT IF THERE IS DOCUMENTATION OF ANY OF THAT? AND I'M SURE HOPING THAT HE STILL HAS IT, BECAUSE I KNOW SHE WAS VERY DOCUMENTED.

MY AUNT WAS VERY DOCUMENTED AND SO WAS MY MOTHER.

SO SHE WE LIVED ON THE LOT ACROSS THE STREET FROM HER, WHICH IS 1402.

SO, YES. OK, THAT WOULD BE HELPFUL IF YOU COULD PROVIDE THAT.

ALL RIGHT. I WILL. I WILL DO MY BEST.

THANK YOU.

WHEN WE SEND OUT THESE, THESE ZONING LETTERS ABOUT THIS BOARD OF ADJUSTMENT CASE WE USE A GIS MAPPING SYSTEM.

NOW GIS MAPPING SYSTEM TAKES INFORMATION ABOUT ALL THE PARCELS WITHIN THE AREA THAT'S CORRELATED WITH THE TAX RECORDS.

WHEN WE SEND OUT THESE NOTIFICATION LETTERS, IT GOES TO THE OWNER OF THE PROPERTY FOR 1402 14 PLUM STREET THAT IS LISTED AS AMERITEX HOMES.

SO THEY ARE THE OWNERS OF THE PROPERTY ACCORDING TO MOST RECENT SO ACCORDING TO THE TAX RECORDS, ANYWAY, AMERITEX OWNS THAT PROPERTY.

CORRECT. IF YOU LOOK IN YOUR PACKET UNDER NOTIFICATION.

YES. THANK YOU.

WE'RE BACK TO OUR DISCUSSION. EVEN IN ABILENE, THINGS DO CHANGE AFTER 135 YEARS. THE ONLY OTHER COMMENT I WOULD MAKE IS THAT WE ARE WE ARE, THE V ARIANCE DOES GO TO 50 FEET WIDTH, BUT THE LOTS ARE HUNDRED AND FIFTY FEET IN LENGTH.

SO THE TS6 IS A MINIMUM OF 60 BY 100 AND THESE WOULD WOULD BE 50 BY 150.

SO THEY'RE ACTUALLY LARGER THAN THE MINIMUM REQUIRED.

OVERALL LOT SQUARE FOOTAGE.

YES. SO I SEE IT AS MINIMAL IMPACT FROM THAT STANDPOINT.

PLUS, I THINK THE INORDINATE WIDTH OF THE SIDE STREET RIGHT A WAY THERE COMES INTO PLAY AS WELL, BECAUSE THERE'S ACCESS THERE COMPARED TO WHAT'S CURRENTLY NEEDED IN MODERN DEVELOPMENT. SO I THINK THAT AND THEY'VE DONE EVERYTHING I CAN AS FAR AS SETTING THIS THE FOOTPRINT OVER AWAY FROM THE INTERSECTION AS MUCH AS POSSIBLE.

SO I THINK THAT'S A GOOD APPROACH AS WELL.

ANY OTHER COMMENTS, QUESTIONS.

JUST TO REITERATE THAT ANYTHING WE DECIDE HERE DOES NOT IMPACT THE OWNERSHIP OF A LOT.

SO IF THERE IS A QUESTION ABOUT THE OWNERSHIP OF 1402, THEN IT'S NOT IMPACTED BY ANY DECISION WE WOULD MAKE.

YES, ALL WE'RE CONSIDERING IS THE VARIANCES FOR THE SETBACKS.

AND AS CHERYL POINTED OUT, THERE'S A PROCESS INVOLVED IN THE DEVELOPMENT THAT WILL ESTABLISH THE OR APPROVE UP THE OWNERSHIP BEFORE THE CONSTRUCTION IS ALLOWED.

SO I THINK THERE ARE SAFEGUARDS THERE FOR MR. WOODARD'S CONCERN.

AND THE APPROPRIATE THING FOR US TO CONSIDER THIS MORNING IS THESE TWO VARIANCES SO.

ARE WE READY TO VOTE? IF SO, I'LL ENTERTAIN MOTION.

THE ONLY OTHER CONCERN I HAVE ABOUT THESE PROPERTIES AND THE SIDE PROPERTY SET BACK IS THE THAT'S THE ONLY CONCERN I HAVE. IF I'M NOT MISTAKEN, I BELIEVE BE 10 FEET. YOU KNOW, OR AM I MISTAKEN ABOUT THAT.

WHAT IS SUPPOSED TO BE 10 FEET? THE SIDE VARIANCE.

SIDE SET BACKS.

YEAH.

THAT IS MY ONLY CONCERN THAT I HAVE.

FROM FIRE SEPARATION IT IS 10 FEET FROM THE RIGHT OF WAY OTHER. YES. SO IN ESSENCE, THESE PROPERTIES WERE ACTUALLY SIDE BY SIDE THAT WE WOULD ACTUALLY HAVE 12 FEET BETWEEN THEM.

IS THAT MY UNDERSTANDING? YES, THAT IS CORRECT.

THANK YOU. YES, THAT WAS MY UNDERSTANDING AS WELL, THAT WE'RE MORE THAN MEET THAT EVEN WITH THE VARIANCE CONSIDERED.

SO THANK YOU,

[00:30:06]

GO AHEAD. GO AHEAD. I WOULD MOVE THAT WE APPROVE THE VARIANCE REQUEST, NUMBER ONE, AND IN ACCORDANCE WITH THE STAFF REPORT, THERE ARE SPECIAL CIRCUMSTANCES WHICH ARE NOT CONTRARY TO THE PUBLIC INTEREST OR WELFARE, AND THAT IT IS CONSISTENT WITH THE LAND DEVELOPMENT CODE AND THE ANY HARDSHIP OR ANYTHING WAS NOT CREATED BY THE PETITIONER.

SHOULD WE CONSIDER THESE TOGETHER, KELLY, OR SEPARATELY? I THINK IT'S BETTER TO VOTE ON THEM SEPARATELY.

OK.

SECOND. WE HAVE THE MOTION TO APPROVE VARIANCE REQUEST NUMBER ONE.

MR. BEERMAN. YES, MR. ODLE. YES.

MR. THOMAS. YES.

MR. HAY. YES.

AND THE MOTION TO APPROVE CARRIES.

ENTERTAIN A MOTION ON VARIANCE NUMBER 2.

I WOULD MOVE THAT WE APPROVE VARIANCE REQUEST NUMBER TWO.

I THINK THE PETITIONER DONE WHAT THEY CAN DO TO MITIGATE ANY PROBLEMS THAT CREATED THERE.

AND IT ALSO HAS SPECIAL CIRCUMSTANCES AND CONDITIONS.

AND IT'S NOT CONTRARY TO PUBLIC WELFARE OR PUBLIC INTEREST.

AND IT IS IN CONSISTENCY WITH THE LAND DEVELOPMENT CODE.

AND WAS NOT CREATED ANY HARDSHIP.

WOULD NOT BE WAS NOT CREATED BY THE PETITIONER.

SO I SEE THAT THE STAFF REPORT HAS THAT INFORMATION AND SO IT'S IN ACCORDANCE WITH THE STAFF REPORT. AND WE HAVE A MOTION TO APPROVE VARIANCE REQUEST NUMBER TWO, AGAIN, IN ACCORDANCE WITH THE STAFF REPORT AND INFORMATION. MR. BEERMAN. YES.

MR. ODLE. YES.

MR. THOMAS. YES.

AND MR. HAY. YES.

AND THE MOTION TO APPROVE CARRIES.

OK, AND THAT'S ALL WE HAVE ON THE AGENDA THIS MORNING.

IS THERE ANYTHING ELSE, KELLY THAT YOU'RE AWARE OF THAT WE NEED TO CONSIDER THIS MORNING? IF NOT, I'LL ENTERTAIN A MOTION TO ADJOURN.

SO MOVED. SECONDED.

SECOND. ALL THOSE IN FAVOR.

AYE. ALL RIGHT, WE STAND ADJOURNED.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.