Jun 09, 2026 Board of Adjustment

[00:00:01]

>> IT HAS BEEN A MINUTE SINCE I'VE DONE THIS ONE.

BY MY TIME, IT IS 8:32 A.M. WE ARE GOING TO GO AHEAD AND GET STARTED. THE BOARD OF ADJUSTMENTS HAS FIVE MEMBERS, FOURMAC OF WHICH MUST BE PRESENT.

THE APPLICANT HAS 180 DAYS FROM THIS DATE TO OBTAIN A BUILDING PERMIT IF ONE IS REQUIRED. THE LONGER.

OF TIME WILL BE CONSIDERED BY THIS BOARD IF REQUESTED BY THE APPLICANT AT THIS MEETING. THE BUILDING PERMIT MAY BE APPLIED FOR THE DAY, YOUR REQUEST IS APPROVED AFTER THE MEETING HAS ADJOURNED. IF THE REQUEST IS DENIED, IT MAY NOT BE CONSIDERED BY THIS BOARD UNTIL 12 MONTHS FROM THIS DATE.

APPEALS FROM THE DECISION OF THIS BOARD MAY BE MADE TO A COURT OF RECORD IN THIS CASE OF THE DISTRICT COURT WITHIN TEN DAYS OF THIS DATE. WE WILL NEED TO SWEAR IN ANYONE WHO IS GOING TO COME FORWARD SO IF ANYONE IS GOING TO BE SPEAKING, -- DO YOU SWEAR TO TELL THE TRUTH THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? THANK YOU.

EACH SPEAKER IS REQUESTED TO LIMIT THEIR PRESENTATION TO NO MORE THAN 3 MINUTES. ADDITIONAL TIME MAY BE GRANTED AT THE DISCRETION OF ME. TODAY'S DOCKET -- WE HAVE TO DO THE MINUTES FIRST. SORRY, THEY HAVE CHANGED THINGS AROUND A BIT. APPROVAL OF MINUTES FROM THE

[ MINUTES]

>> I MAKE A MOTION THAT WE ACCEPT THE MINUTES AS READ.

>> I SECOND. >> ALL IN FAVOR?

[2. BA-2026-05: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on A Request to Reinstate a Special Exception Previously Approved by the Board of Adjustment to Resume the Residential Use That Was Previously Abandoned, as Well as to Allow the Reconstruction of Said Building to the Extent of More Than Fifty Percent (50%) of its Replacement Cost. The Property is Located at 302 Willow Street. (Clarissa Ivey)]

>> AYE. >> AGENDA CASE BA202605.

>> GOOD MORNING. MY NAME IS CLARA SAVVY.

BEFORE YOU TODAY YOU HAVE CASE B A. 202-0605.

THE OWNER OF THIS PROPERTY IS REQUESTING TO REINSTATE A SPECIAL EXCEPTION TO RESUME THE RESIDENTIAL USE AND TO ALLOW THE RECONSTRUCTION OF MORE THAN 50% OF ITS REPLACEMENT COST FOR THE PROPERTY IS LOCATED AT 306 WILLOW, ON THE CORNER OF SOUTH THIRD AND WILLOW STREET THE PROPERTY IS CURRENTLY SUNLIGHT INDUSTRIAL. THESE ARE THE SUBJECT PROPERTY HERE ON THE TOP YOU CAN SEE THE CURRENT STATE OF THE PROPERTY AND BELOW THE THREE IMAGES BELOW ARE WHERE ON OCTOBER 2025, WHEN THE SPECIAL EXCEPTION WAS FIRST APPROVED.

THESE ARE SOME VIEWS OF THE NEIGHBORING PROPERTIES.

AS YOU CAN SEE, IT IS MOSTLY INDUSTRIAL USE AND WAREHOUSING.

THIS IS A LIST OF THE PERMITTED USES IN LIGHT INDUSTRIAL.

AS YOU CAN SEE, RESIDENTIAL IS NOT PART OF THEM.

WE SENT OUT NOTIFICATION, RECEIVED FROM -- RECEIVED FOUR IN OPPOSITION. THE CRITERIA FOR APPROVAL WAS REVIEWED PURSUANT TO SECTION 1.4.18 OF THE LAND DEVELOPMENT CODE. THE PROPOSED USE COMPATIBLE WITH INDUSTRIAL USES AND IT WOULD NOT -- IN THE LAND DEVELOPMENT CODE, YOU HAVE TO ASK ABOUT WHETHER THIS WOULD PUT AN UNDUE BURDEN IN PUBLIC FACILITIES IN THE GRANTING OF THE SPECIAL EXCEPTION WOULD NOT PLACE A BURDEN ON PUBLIC FACILITIES.

ALSO THE APPROVAL OF THIS SPECIAL EXCEPTION, IF IT'S IN HARMONY OF GENERAL PURPOSES AND INTENT OF ORDINANCE AND THE CODE INTENDS TO PROTECT RESIDENTIAL USES FROM MANUFACTURING WHOLESALES AND MEDIUM INTENSITY ACTIVITIES FOR I WOULD BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE REGARDING THIS CASE FOR YOUR OR IF YOU WOULD LIKE ME TO ELABORATE MORE ON WHAT HAS

HAPPENED. >> THE PEOPLE THAT WERE OPPOSED, DO THEY TELL US WHY DO THEY GET TO VOICE THAT?

>> AT THIS TIME, THEY DID NOT. THEY JUST SUBMITTED OPPOSITION.

[00:05:01]

IN THE MIDDLE OF WAREHOUSING. >> THANK YOU.

>> DO YOU KNOW WHY THEY DIDN'T GET A PERMIT WITHIN THE 180 D

DAYS? >> THE APPLICANT IS HERE TO ELABORATE MORE ON THAT, BUT, YES, AS YOU MENTIONED, THEY WEREN'T ABLE TO GET A PERMIT WITHIN THE 180 DAYS.

AFTER LEAVING THIS MEETING LAST TIME, I INFORMED HIM THAT HE WAS GOOD TO GET WITH THE CODE ENFORCEMENT BECAUSE THE HOUSE HAS ALSO BEEN CONDEMNED AT THIS POINT.

SO THE HOUSE HAS BEEN CONDEMNED AND LAST TIME AFTER LEAVING THIS MEETING, I TOLD HIM YOU ARE ABLE TO COLLABORATE WITH CODE ENFORCEMENT TO GET YOUR PLAN OF OPERATION AND YOUR PERMITS IN LINE. I SPOKE WITH THE OFFICER HANDLING THE CASE AND HE DID MENTION THAT HE SPOKE WITH MR. FORD AND REMINDED HIM SEVERAL TIMES THAT HE NEEDED TO GET THAT IN. I KNOW SINCE HIS 880 DAYS EXPIRED, HE HAS PREVIOUSLY BEEN TO BOARD OF BUILDING STANDARDS, WHERE THEY ARE CONTEMPLATING WHETHER TO ACKNOWLEDGE THEIR PROPERTY OR NOT. SO THAT HAS BEEN GOING ON AFTER

THE 180 DAYS. >> I WILL OPEN IT TO PUBLIC HEARING. WILL THE PROPONENT PLEASE COME FORWARD TO THE MICROPHONE, STATE THEIR NAME AND WHY THEY ARE REQUESTING THE EXEMPTION. AND WE DO NEED TO SWEAR YOU IN.

DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT

THE TRUTH? >> YES.

>> NAME. >> MY NAME IS JEREMY FORD.

WHICH QUESTION DID YOU WANT ME TO ANSWER? IF YOU WANT ME TO START, I WILL APPEAR YOUR QUESTION IS WHY.

I WANT TO LET YOU KNOW THAT THE PROPERTIES SURROUNDING MY PROPERTY ARE ALL OWNED BY THE SAME INDIVIDUAL PIERCY OWNS SEVERAL PROPERTIES IN THE AREA PIERCY IS THE ONE TO -- THE ONE WHO OBJECTED. IT LOOKS LIKE THERE ARE FROM -- THERE ARE FOUR PEOPLE BUT THERE IS ONLY ONE.

HE OBJECTED BECAUSE IT'S A LIGHT INDUSTRIAL AREA.

THE LAST TIME WE WENT THROUGH THIS PROCESS, IT WAS FOUND AND APPROVED AND THAT WHY IT WAS APPROVED, WAS GRANDFATHERED IN.

BUT HE WANTS IT TO BE ONE DAY HIGH INDUSTRIAL AND THAT WAS HIS COMPLAINT WHEN HE CAME AND TALKED ABOUT WHY HE OPPOSED.

MISS SPARKS, YOU HAD A QUESTION AND IT WAS ABOUT WHY DIDN'T I GET IT DONE IN TIME? I MOVED HERE FOR A POSITION, A LITTLE TMI BUT AFTER A DIVORCE, I MOVED HERE FOR A POSITION.

THEN I GOT THE 3060 TO GET THINGS DONE.

TWO THINGS, NUMBER 1, I WAS HAVING TO GO ALL THE WAY 12 HOURS BACK UP NORTH TO HAVE CUSTODY WITH MY CHILD.

TIME GOT AWAY FROM ME BECAUSE I GOT IN A SITUATION WHERE YOU'RE NOT HERE OR YOU'RE HERE, IT DOESN'T MATTER.

OUTSIDE OF THAT, I NEEDED A PLAN OF ACTION.

I SUBMITTED THAT. MY PLAN STATED I WOULD DO THE THINGS THAT I COULD DO. FOR INSTANCE, DRYWALL.

AND THEN I WAS TOLD THAT YOU CAN'T DO THAT AND THEN SO THERE WAS A LOT OF CONFUSION, CLARISSA WILL TELL YOU, BETWEEN THIS MEETING OF WHAT NEEDED TO BE DONE AND THE -- THEY'RE SAYING IT WASN'T CONDEMNED BUT THIS HAD TO GO THROUGH FIRST.

THEN WE WERE HERE AND IT WAS FINE SO IT'S LIKE OKAY, I CAN WORK ON THE HOUSE AND IT'S LIKE KNOW YOU CAN'T FAIR SO IT WAS JUST A CONFUSION OF WHAT I CAN DO.

I WAS PAINTING ONE DAY ON THE OUTSIDE OF THE HOUSE AND THEY SAID YOU CAN'T PAINT. AND I'M LIKE BUT BOARD ADJUSTMENT APPROVED IT. SO IT WAS JUST CONFUSION OF WHAT I CAN DO AND WHAT I CANNOT DO ON MY OWN PROPERTY.

[00:10:01]

SO IT ALL KIND OF JUST GOT AWAY AND THEN AS SHE WILL TELL YOU, ONCE THINGS WENT BACK AROUND FULL CIRCLE AND I GOT A LITTLE BIT MORE OF WHAT I CAN AND CANNOT DO, I RUSHED WITHIN A WEEK, LESS THAN A WEEK TO BE ABLE TO COME HERE AND GET THIS DONE AS WELL AS THE OFFICERS AND THEIR PORTION OF THIS TO TRY TO GET IT DONE. I NOTICED MY TIME IS UP BUT I AM TRYING. YOU CAN SEE, I AM TRYING BUT DO THIS, DON'T DO THIS, GET A PERMIT FOR THIS, YOU CAN'T DO THAT. SO I'M JUST TRYING TO UNDERSTAND

HOW THE SYSTEM WORKS. >> I'VE GOT SOME QUESTIONS.

BEING THAT YOU WENT THROUGH THE PROCESS AND YOU HAD THE 180 DAYS AND HAD SOME TRIAL AND ERROR THERE.

DO YOU FEEL YOU HAVE A BETTER UNDERSTANDING OF IT NOW? WILL YOU BE ABLE TO FORMULATE A PLAN OF ACTION AND EXECUTE THAT

IF GIVEN ANOTHER 130 DAYS? >> I NOT ONLY FEEL THAT I DO, AFTER THIS, I AM IMMEDIATELY PREPARED FROM TALKING WITH THE OFFICER, HE'S LIKE YOU HAVE TO TURN IN THE CODE -- NOT THE CODE BUT THE ELECTRICAL ESTIMATE SO THAT THEY CAN PULL THE PERMIT FOR THE WATER, LIKE I'M MORE AWARE OF HOW THIS WORKS NOW.

ACTUALLY, THE NEXT MEETING FOR THEM IS IN THREE WEEKS.

SO I HAVE TO HAVE EVERYTHING TOGETHER AND PULLED FOR THAT MEETING SO IT DOESN'T GET CONDEMNED AND THEN I CAN JUST MOVE FORWARD. I NOW HAVE A MUCH BETTER UNDERSTANDING OF THIS GETTING DONE AND CURRENTLY WORKING ON IT. I ALREADY GAVE HIM THE ESTIMATES TO GET THINGS GOING SO I COULD NOT HAVE THESE PROBLEMS AGAIN.

>> HAS THIS NEW DIRECTION OR CLEAR DIRECTION I DON'T WANT TO SAY APPROVED BY THE CITY BUT HAVE THEY PUT ANY MORE ROADBLOCKS IN FRONT OF THAT? OR THEY ARE LIKE THAT'S KIND OF HOW IT WORKS AND IT SHOULD HAVE BEEN WORKING LIKE THAT?

>> FOR INSTANCE, WHEN I LEFT HERE AND THEY SAID I NEEDED THE PLAN AND I FILLED IT OUT AND RICKY WAS LIKE OKAY BUT THEN I FORGOT WHO IT WAS THAT CHIMED IN AND THERE WAS ONLY EMAIL, THEY SAID NO, YOU CAN'T DO PAINTING AND DRYWALL FIRST.

YOU HAVE TO GET THIS DONE FIRST AND SO I GUESS, EVEN AFTER THE MEETING THE OTHER DAY, IT WAS LAST WEEK, THIS IS BOARD OF ADJUSTMENTS. ON THE CONDEMNED MEETING OR WHATEVER IT WAS THAT I WAS IN, STANDARDS, YES, I WATCHED OTHER PEOPLE THAT CAME UP AND SAID THEY WERE CONFUSED ABOUT HOW IT WORKS AND WHAT THEY WERE TOLD IF YOU'RE AND SO IN THE PROCESS OF THEIR HOUSE POSSIBLY BEING DEMOED OR CONDEMNED THEY WERE COMING HERE AND HAVING THE SAME ISSUES SO I THINK IT'S A BIT OF NOT UNDERSTANDING. I'M LIKE WHAT DO YOU MEAN I HAVE TO GO BACK. AND SHE SAID YOU HAVE TO.

SO SHE HAS HELPED A LOT WITH EXPLAINING TO ME HOW IT WORKS.

BUT IT IS A LITTLE CONFUSING BECAUSE IT'S DIFFERENT BOARDS BUT ALSO FOR ME, WHEN I CAME IN, IT SAID RESIDENTIAL, I BOUGHT THE HOUSE RESIDENTIAL AND THEN THE HOUSE SAT FOR 30 YEARS, NOT A PROBLEM WITH ANYTHING. THE MOMENT I BUY IT I'M LIKE LET'S START FIXING THE HOUSE AND THEN THE GUY THAT MISS DUNAWAY SPOKE OF WITH THE FOUR COMPLAINTS BECAUSE HE HAS FOUR PROPERTIES AROUND ME, ALL OF A SUDDEN I END UP HERE AND WHEN IT WAS NOT A PROBLEM FOR 30 YEARS WHEN THE HOUSE AT.

THIS BOARD OF ADJUSTMENTS WAS NOT AN ISSUE BECAUSE WHEN I BOUGHT IT, ALL THE PAPERWORK SAYS -- AND WE WENT THROUGH THAT THE LAST TIME WHEN WE VOTED WHEN IT WAS APPROVED THAT IT WAS RESIDENTIAL AND GRANDFATHERED IN FOR SO IT'S BEEN A BIT FRUSTRATING BECAUSE I THOUGHT OKAY, GREAT, I CAN PURCHASE A HOME. I MOVED HERE FROM 500 MILES AWAY TO FIX THE HOUSE UP AND EVENTUALLY MOVE IN AND CONTINUE TO WORK MY JOB BUT IT HAS BEEN LITTLE ROADBLOCKS OF WHAT YOU CAN AND CANNOT DO. IT'S FRUSTRATING BECAUSE WHEN THE HOUSE SAT FOR 30 YEARS BEFORE I PURCHASED IT, THERE WAS

[00:15:02]

NOT ONE TICKET AND THE HOUSE SAT.

BUT I DO HAVE A MUCH BETTER UNDERSTANDING NOW.

I'M DOING THE PROPER THINGS TO MAKE SURE THAT I CAN COMPLY AND

GET THINGS DONE. >> SO YOU PLAN FOR THIS TO BE

YOUR HOME? >> YEAH.

THAT'S DEFINITELY WHY I PURCHASED IT I MOVED DOWN HERE AND TOOK A JOB HERE. I DIDN'T KNOW ABOUT THE A I.

THIS IS A LITTLE TMI BUT I WAS GOING TO RENT A HOME AND THEN I CAME DOWN HERE. I DO THE NEWS.

I'M A NEWS ANCHOR FOR FOX WEST TEXAS I'M A NEWS ANCHOR REPORTER. THE DAY I WAS LEAVING TO COME HERE, THEY RENTED THE HOME I WAS GOING TO RENT TO SOMEONE ELSE SO WHEN I CAME HERE I SAID WHAT AM I GOING TO DO HERE SO I CAME DOWN HERE AND I HAD TO GET A HOTEL AND THEN I WAS LOOKING AND THOUGHT SINCE I PLANNED TO STAY, LET'S PURCHASE SOMETHING AND FIX IT UP. THIS WILL BE FUN.

THIS WILL BE GREAT. AND THE HOME IS IN THE DISTRICT SO I THOUGHT I'M CLOSE TO MY JOB, IN THE DOWNTOWN AREA.

BUT THE MOMENT I STARTED, LITERALLY, ALL THE ROADBLOCKS HERE AND TRYING TO COMPLY BUT TRYING TO UNDERSTAND WHY THIS AND WHY THAT. WHEN THE HOUSE HAD SAT FOR 30 YEARS UNTOUCHED AND IT WAS NOT A PROBLEM.

EVEN THIS, ALL MY PAPERWORK ON THE DEED, RESIDENTIAL HOME, ZONED RESIDENTIAL BUT NOW IT'S LIGHT INDUSTRIAL SINCE 2010.

SO I JUST AM KIND OF NOT UNDERSTANDING BUT NOW I DO.

AND YES, THAT IS WHY I CAME. >> SO IF YOU ARE APPROVED HERE AND IF YOU GET TO THE BOARD OF CONDEMNATION, HOW LONG DO YOU

FEEL LIKE IT WILL TAKE? >> THREE MONTHS, 90 DAYS.

NOT EVEN THAT. MISS SPARKS, I ALREADY HAVE BEEN WORKING WITH THE OFFICER. HE SAID OKAY, YOU HAVE TO HAVE AN ESTIMATE FOR THE ELECTRICAL BUT HE SAID AN ESTIMATE FOR THE WATER. THIS WAS A TRICKY THING.

SO I GO TO THE WATER, SOME PEOPLE AND THEY ARE LIKE, YOU DON'T HAVE AN ESTIMATE TO GET YOUR WATER TURNED ON.

YOU GET YOUR WATER TURNED ON. SO THEN THEY WERE LIKE HERE IS A QUOTE FOR US TO TEST IT HERE AND I GO BACK TO THE OFFICER AND HE SAYS WHY DIDN'T YOU GET IT TESTED AND I SAID BECAUSE YOU SAID I COULDN'T DO ANYTHING. SO I'M LIKE COME ON.

HAD YOU SAID GO PAY AND GET IT TESTED, LET'S MAKE SURE EVERYTHING IS GOOD AND YOU COULD GET IT ON, I WOULD HAVE DONE IT THAT WAY. SO IT'S LIKE TAKING THESE EXTRA HOOPS OF WHAT TO DO AND WHAT NOT TO DO, TRYING TO NOT GET IN TROUBLE BUT WANTING TO GET THINGS DONE.

BUT THE ANSWER TO YOUR QUESTION IS I'VE ALREADY BEEN WORKING WITH THE OFFICER AND THE CONDEMNATION MEETING IS SCHEDULED FOR THREE WEEKS OUT FROM HERE.

SO FOR THAT MEETING, FOR THINGS TO GO WELL FOR ME, ALL I NEED IS -- THIS IS WHAT HE SAID, AN ESTIMATE FOR ELECTRICAL, THE WATER, ESTIMATE FOR HVAC, ESTIMATE FOR ARCHITECTURAL AND WHEN WE TALK ABOUT THE DISCUSSION OF WHY OR WHY NOT AND I'M LIKE WHY DO I NEED AN ESTIMATE FOR HVAC.

WHAT IF I DON'T WANT HVAC RIGHT NOW? WHAT IF I WANT TO PLUG IN A WALL UNIT, WHAT IF I WANT A FAN? WHY DO I HAVE TO HAVE THAT FOR IT NOT TO BE CONDEMNED.

SO TO ME PERSONALLY, IT'S A BIT OF OVERKILL AND MISUNDERSTANDING OF WHAT I HAVE TO DO AND WHAT IS NEEDED HERE BUT AT THIS POINT, I GIVE UP. WHATEVER YOU WANT.

I'M JUST TRYING TO DO IT SO I CANNOT GET IN TROUBLE AND NOT HAVE TO COME BACK AND NOT HAVE TO PAY TO CONTINUE TO COME HERE.

LESS THAN A WEEK TO PAY TO GET INTO THIS MEETING BECAUSE THEY WANTED IT IMMEDIATELY SO JUST TRYING TO DO WHAT I CAN TO GET THINGS DONE QUICKLY BUT MY PLEA IS THAT IF I GET THIS, I AM IMMEDIATELY ON IT. SO IF IT GOES THROUGH AGAIN THE WAY EVERYTHING IS APPROVED AGAIN, I AM ON IT WITH THEM TO TRY TO GET THINGS DONE. I DEFINITELY WANT THINGS DONE BEFORE THE END OF THE SUMMER. I'M JUST ON IT WITH TURNING ON STUFF AND MOVING FORWARD. AS YOU CAN SEE, I AM TRYING TO

[00:20:02]

>> SO YOU ARE CLEAR ON IF IT GETS PASSED, ARE YOU CLEAR OF WHAT IT WOULD TAKE TO GET A PERMIT FOR THE REMODEL?

>> NOT FROM CLARISSA BUT FROM THE OFFICER.

BECAUSE CLARISSA HELPED ME WITH THIS.

ONLY CLARISSA WAS HELPING ME WITH THIS TO MAKE SURE THAT THIS IS OKAY. AND THEN IT'S THE OFFICER THAT I

HAVE TO BE CLEAR WITH. >> YOU NEED A PERMIT FOR REMODEL. AND THAT IS AFTER THE

CONDEMNATION. >> WHEN WE SAY CONDEMNATION, IT MEANS IT'S UNFIT FOR HUMAN HABITATION AND SO HE HAS TO BRING IT OUT OF CONDEMNATION AND SO HE IS WORKING WITH CODE ENFORCEMENT OFFICERS ON THAT AND HE HAS TO GET ALL OF HIS PERMITS, HIS MAIN BUILDING PERMIT FOR THAT PROCESS.

THAT'S WHAT THAT PROCESS IS BECAUSE THIS IS HAVING TO DO WITH THE ZONING ASPECT OF THE SPECIAL EXCEPTION IF YOU'RE.

>> AND IT'S NOT OFFICIALLY IN CONDEMNATION YET.

WHAT IT WAS IS -- >> IT IS.

IT HASN'T BEEN ORDERED DEMOLISHED BUT IT IS CONSIDERED UNFIT UNTIL YOU BRING IT OUT OF CONDEMNATION.

>> SO THEY SAID IT WAS THIS MEETING FIRST THEN GET YOUR PERMITS AND THEN FINISH UP YOUR SO IT HAS TO GO IN THESE THREE STEPS LIKE THIS ONE, THAT ONE AND THEN FINISH UP HERE BUT SEE, IT'S A LITTLE CONFUSING. IT WAS A LITTLE CONFUSING TO ME.

THANK YOU, MR. FORD. I'M GOING TO OPEN THE PUBLIC HEARING FOR PERSONS IN ATTENDANCE IN FAVOR OR OPPOSITION OF THE REQUEST FOR I'M GOING TO CLOSE THE PUBLIC HEARING. AS A BOARD, WE WILL START

>> DO WE KNOW LAST TIME WHENEVER THIS CAME UP, I KNOW HOW THE RESOLUTION ENDED BUT HOW WAS THE PROPOSAL MADE? BECAUSE THIS HAS BEEN A HOME FOR 30 YEARS I KNOW IT'S THE MASTER PLAN TO NOT BE ONE BUT IT'S KIND OF A BLANKET.

WHILE THEY DO THAT, PLACES LIKE THIS CAN FALL THROUGH THE

CRACKS. >> I REMEMBER THERE WAS A LOT OF CONFUSION AT THE LAST MEETING HERE ONE OF THE THINGS THAT WE DISCUSSED WAS WHETHER IT WAS GRANDFATHERED IN.

AND I THINK I REMEMBER THAT IT WASN'T ANY MORE.

>> IF IT WAS GRANDFATHERED, THE USE WOULD HAVE CONTINUED.

IT'S NOT. THAT'S WHY WE ARE HERE.

>> AND I REMEMBER THAT GENTLEMAN.

THE OPPOSITION GENTLEMAN DID SPEAK AT THAT MEETING.

NOT TODAY. >> I THINK OUR MAIN CONSIDERATION WAS BECAUSE HE WAS NEVER TOLD DURING THE PURCHASING PROCESS THAT IT WOULD NO LONGER BE RESIDENTIAL.

>> I THINK SHE IS NOT PICKING UP ON YOUR VOICES.

YOU MIGHT PULL THE MICROPHONE A BIT CLOSER BECAUSE IT HAS TO BE RECORDING YOUR VOICES I CAN HEAR YOU BECAUSE I'M CLOSE BUT SHE

CAN'T HEAR. >> HAVE Y'ALL EVER BEEN THROUGH THE CONDEMNATION PROCESS OR TRYING TO GET SOMETHING OUT OF IT BEFORE? IT IS CONFUSING IF YOU'VE NEVER DONE IT BEFORE. IT'S NOT INTENDED TO BE THAT WAY BUT I HAVE REMODELED A HOUSE AND IT WAS THAT WAY IN THE PAST WHERE I CAN'T SEE HOW -- I. CAN SEE HOW THAT WOULD BE TOUGH.

SO I DEFINITELY UNDERSTAND THE REASON WHY BEFORE WE DID THIS.

I KNOW 180 DAYS IS A LONG TIME BUT IF THAT WAS THE ORIGINAL REASON, LIKE IF IT WAS PURCHASED IN THE WAY OF BEING A HOME AND HE DIDN'T KNOW THAT IT WOULD NOT BE A HOME WHEN HE REPURCHASED IT, I CAN SEE HOW THE PASSING OF TIME COULD GET A LITTLE MUDDY

[00:25:03]

AMOUNT OF TIME. >> FIRST, TO BE ABLE TO APPROVE IT, WE HAVE THE CRITERIA. SO THE SECOND ONE, THE STAFF FINDINGS DEFINITELY, THAT IS FINE THAT PROVIDES.

BUT IT'S THE TOP ONE AND THE BOTTOM ONE THAT WE WOULD NEED TO FIND A WAY TO SAY YES, THIS IS FINE OR --

>> DO YOU MIND IF I OPEN IT BACK UP BECAUSE IT SEEMS THAT MR. FORD WOULD LIKE TO SAY SOMETHING.

>> I AM OPENING PUBLIC HEARING BACK UP FOR MR. FORD.

>> ARE YOU NOT ABLE TO PULL UP THE NOTES FROM THE LAST TIME I WAS HERE AT ALL? BECAUSE WHEN YOU SAY THAT IT WAS NOT GRANDFATHERED IN, I DON'T BELIEVE THAT'S WHAT WAS SAID AT THE FIRST MEETING THEY MADE IT CLEAR THAT IT WAS.

THAT'S ANOTHER BIG REASON HOW -- CAN YOU LOOK IT UP AT ALL?

>> I WOULD SAY THE PLANNER MAY BE ABLE TO SPEAK TO THAT BUT I'M JUST TELLING YOU THAT THE USE WAS STOPPED OR WE WOULDN'T BE HERE. IT WAS NOT CONTINUED AS A RESIDENTIAL USE OR THERE WOULD BE NO NEED TO BE HERE.

NOBODY WAS LIVING IN IT. THAT'S WHAT I'M SAYING.

AND I DON'T HAVE THE NOTES FROM THE LAST MEETING IN FRONT OF ME BUT THE PLANNER MAY BE ABLE TO ELABORATE MORE ON THAT.

>> I'M ASSUMING LONG AGO IT WAS A RESIDENCE AND THEN IT WAS ABANDONED FOR 30 YEARS. SO FOR A NON-CONFORMING USE WHICH A NON-CONFORMING USE IS A USE NOT ALLOWED IN ZONING LIKE RESIDENCE IN LIGHT INDUSTRIAL. AFTER 180 DAYS, IF IT HAS BEEN VACANT THEN THAT USE IS NO LONGER GRANDFATHERED SO THAT'S WHY YOU HAD TO COME BACK AND DO THIS PROCESS BECAUSE IT WAS

ABANDONED FOR 30 YEARS. >> OKAY.

ALL RIGHTS. SO AT THE LAST MEETING, WHEN IT WAS DISCUSSED THE FIRST AND THE THIRD OF HOW AND WHAT MADE IT WITHIN THE 180 DAYS AND THE LAST MEETING, NOTHING HAS REALLY CHANGED ON THE FINDINGS -- ON THE FINDINGS FOR THE LAST MEETING I HAD APPEARED NOTHING CHANGED OTHER THAN I WASN'T ABLE TO GET THE PERMIT AND GET THINGS DONE.

SO I JUST DIDN'T KNOW IF THE EXPLANATION WAS IN THE NOTES FROM THE FIRST MEETING OF WHY EVERYTHING WAS APPROVED THE FIRST TIME BECAUSE FROM THE DISCUSSION THEY FOUND EVERYTHING TO BE OKAY. SO THAT'S ALL I WAS ASKING TH

THERE. >> CLOSING THE PUBLIC AGAIN BACK TO BOARD DISCUSSION. ANY THOUGHTS?

>> I KNOW HOW DIFFICULT IT IS RIGHT NOW TO FIND A HOME.

IT IS DIFFICULT TO FIND RESIDENCES TO BUY, RENT, AND IF YOU CAN FIND THEM, IT IS COST PROHIBITIVE.

AND SO I FEEL LIKE IF WE CAN HELP MR. FORD TO MAKE THIS HIS HOME, I THINK THAT'S WHAT WE SHOULD DO.

THOSE ARE MY THOUGHTS. >> I AGREE FULLY.

WE'VE JUST GOT TO FIGURE OUT HOW TO DO THIS NOW.

WE'VE GOT TO WORD IT. >> YOU TWO WERE HERE FOR THE FIRST ONE AND BACK FOR THE SECOND.

WHAT ARE YOUR THOUGHTS? >> I'LL SPEAK FOR MYSELF.

I WAS CURIOUS WHY, AND HE DID -- I. FULLY UNDERSTAND EVERYTHING. I AM NOT SURE IF THE WHY IS GOING TO HELP US SAY YES TO THE OTHER TWO.

SO LET'S DISCUSS THIS. WE WILL START AT THE BOTTOM.

THE APPROVAL OF THE SPECIAL EXEMPTION IS CLEARLY IN HARMONY WITH GENERAL PURPOSES AND INTENT WITH THIS ORDINANCE AND FURTHERMORE PROVIDES FOR SUBSTANTIAL JUSTICE.

[00:30:03]

SO IS THERE ANY WAY -- >> I THINK GRANTING IT DOES PROVIDE SUBSTANTIAL JUSTICE BASED ON THE FACT THAT MR. FORD PURCHASED IT AS A RESIDENCE WITH NO INDICATION THAT IT WOULD NOT BE ABLE TO BE A RESIDENCE. THE FIRST QUESTION IS WILL BE WHOLLY COMPATIBLE WITH THE USE AND PERMANENT DEVELOPMENT OF ADJACENT PROPERTY EITHER AS FILED OR SUBJECT TO SUCH REQUIREMENTS AS THE BOARD FINDS TO BE NECESSARY TO PROTECT AND TO MAINTAIN THE STABILITY OF ADJACENT PROPERTIES.

>> IN THAT ONE DID WE GO A LITTLE FURTHER? ARE THERE OTHER RESIDENCES? AM I CLOSE BY?

>> I THINK THERE WAS ONE ON THE OTHER SIDE OF THE STREET.

CAN WE LOOK AT THE PLAN OR THE -- YEAH, ONE OF THOSE.

>> I AM PULLING IT UP ON A MAP NOW, SORRY.

>> DO WE KNOW WHAT THE PROPERTY IS TO THE LEFT OF HIM? I CAN'T READ THAT LAST NUMBER UP HERE.

>> WHICH NUMBER? >> 445-47 IN FACT I CAN'T WRITE

THAT LAST ONE. >> THAT IS JUST A VACANT LOT WITH STUFF ON IT. AND THEN 43491 ON THE SOUTH, FOURTH AND WILLOW, THAT'S AN ABANDONED OFFICE.

AND THE ONE DIRECTLY BEHIND THAT IS A RESIDENCE.

IT IS A RESIDENCE BUT WE ARE NOT 100% SURE ON THE STATUS FOR.

>> IT SEEMS LIKE THAT MAY HAVE CHANGED IF THAT WAS A

CONSIDERATION LAST TIME. >> CAN WE GO BACK TO THAT PL

PLEASE. >> THIS?

>> THANK YOU, YES. I MEAN, I THINK IT WILL BE COMPATIBLE BECAUSE THAT IS WHAT IT HAS BEEN FOR 90 YEARS, IS THAT RIGHT? IS THAT WHEN THIS WAS? I'M SORRY, 80 YEARS IT'S BEEN EIGHT RESIDENCE FOR 80 YEARS.

>> YOU ARE WELCOME TO JOT SOMETHING DOWN IF IT HELPS YOU.

>> I AM JUST THINKING OF HOW TO FORMULATE THIS.

THIS TO ME SEEMS LIKE IT WOULD BE COMPATIBLE TO THE ADJACENT PROPERTIES BECAUSE WHEN THOSE ADJACENT PROPERTIES WERE

[00:35:02]

A RESIDENCE PREVIOUSLY. >> A MOTION TO APPROVE OR DENY.

>> I WOULD MAKE A MOTION TO APPROVE THIS.

>> AND THAT'S BASED ON? THE SECOND CRITERIA AS STATED AND WHAT ABOUT THE THIRD CRITERIA.

>> MAINTAIN THE STABILITY OF ADJACENT PROPERTIES.

>> INTENT TO PURCHASE A RESIDENCE OR -- IS THAT

SUBSTANTIAL JUSTICE? >> SUBSTANTIAL JUSTICE HERE.

>> WHY DON'T YOU TAKE A STAB AT THIS?

[LAUGHTER] >> FOR THE THIRD ONE, CAN YOU

HELP JOSH OUT? >> THE APPROVAL OF THE SPECIAL SECTION WOULD BE IN HARMONY WITH THE GENERAL PURPOSES AND INTENT AND PROVIDE FOR SUBSTANTIAL JUSTICE BECAUSE WHEN MR. FORD PURCHASED IT AS A RESIDENCE, IT WAS NEVER DISCLOSED THAT HE WOULD NOT BE ABLE TO KEEP IT AS A RESIDENCE DURING THE

PURCHASING PROCESS. >> DO I NEED TO START BACK FROM

THE TOP? >> IS THAT YOUR MOTION.

>> THAT IS YES. >> WE HAVE A MOTION.

WE NEED A SECOND. >> I SECOND.

>> MISS DONAWAY. >> MR. RADAR.

>> MISS SPARKS. THE MOTION CARRIES.

>> THAT WAS PAINFUL. I'M SO SORRY.

>> AND THAT IS THE ONLY ITEM ON THE DOCKET, I BELIEVE.

>> I MAKE A MOTION WE ADJOURN. >> SECOND.

I GUESS WE WILL CLOSE -- UNLESS I'M

* This transcript was compiled from uncorrected Closed Captioning.