[ CALL TO ORDER]
[00:00:08]
>> ALL RIGHT, THE CLOCK SHOWS 8:31 A.M.
WE WILL GO AHEAD AND CALL THIS MORNING'S BOARD OF ADJUSTMENT
[ MINUTES]
MEETING TO ORDER. I NEED A MOTION, A SECOND FOR THE APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING.>> I MAKE A MOTION THAT WE ACCEPT THE MINUTES AS WRITTEN.
>> SECOND. >> ALL IN FAVOR SAY AYE.
>> AYE. >> ANY OPPOSED? MOTION PASSES. OKAY.
THE BOARD OF ADJUSTMENTS HAS FIVE MEMBERS, FOUR OF WHICH MUST BE PRESENT. THE APPLICANT HAS 180 DAYS FROM THIS DATE TO OBTAIN A BUILDING PERMIT FOR IF ONE IS REQUIRED, A LONGER. OF TIME WILL BE CONSIDERED BY THE BOARD IF REQUESTED BY THE APPLICANT AT THIS MEETING.
THE BUILDING PERMIT MAY BE APPLIED FOR THE DAY THE 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 TO THE CASE, THE DISTRICT COURT WITHIN TEN DAYS FROM THIS DATE.
WE NEED TO SWEAR IN ANY ONE WHO IS GOING TO COME FORWARD AND PRESENT THE CASE TODAY. IF YOU PLAN TO COME TO THE LECTERN ON BEHALF OF ANY CASE, PLEASE RAISE YOUR RIGHT HAND.
DO YOU SEE ANYBODY OVER THERE? OKAY.
PLEASE ANSWER THE QUESTION. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? THANK YOU. OKAY.
[2. BA-2026-09: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a Request by the Owner for Special Exception located at 1233 Hollywood Drive 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. (Clarissa Ivey)]
THIS MORNING, WE ARE HERE TO CONSIDER BA-2026-05.WE ARE HERE TO SEE BA -- 2026-09.
>> I JUST WANTED TO MAKE SURE YOU HAD THE RIGHT DOCUMENTS IN FRONT OF YOU. GOOD MORNING.
MY NAME IS CLARISSA IVEY, I'M A PLANNER FOR THE CITY OF ABILENE.
BEFORE YOU YOU HAVE CASE BA--- THE OWNER AT THIS PROPERTY, HIS REQUEST IS A SPECIAL EXCEPTION TO RESUME THE RESIDENTIAL USE AND TO ALLOW THE RECONSTRUCTION OF MORE THAN 50% OF ITS REPLACEMENT. THE PROPERTY IS SLATED -- LOCATED AT 12:30 THREE HOLLYWOOD.
IT'S ALONG HOLLYWOOD DRIVE AND IT BACKS OUT TO MAPLE STREET.
MOST OF THE AREA AROUND HERE IS ZONED BY INDUSTRIAL.
THESE ARE SOME IMAGES OF THE PROPERTY.
AS YOU CAN SEE, IT IS A RESIDENCE THAT WAS BUILT IN 1927. THESE ARE SOME OF THE NEIGHBORING PROPERTIES THAT ARE ALSO RESIDENCES.
THESE ARE THE PERMITTED USES IN LIGHT INDUSTRIAL ZONING.
AS YOU CAN SEE, THERE ARE NO RESIDENTIAL USES PERMITTED.
WE SENT OUT NOTIFICATIONS? -- WE DID NOT RECEIVE ANY BAD, WHETHER -- WE DID NOT RECEIVE ANY BACK, WHETHER IN FAVOR OR OPPOSED. THIS WAS REVIEWED, PURSUANT SECTION 4.4.1 E IN THE LAND DEVELOPMENT CODE AND THE PROPOSED USE IS NOT COMPATIBLE WITH LAND INDUSTRIAL USES.
HOWEVER, SEVERAL NONCONFORMING RESIDENTS EXIST ALONG HOLLYWOOD DRIVE. THE RENTING OF -- THE GRANTING OF THE SPECIAL EXCEPTION WILL NOT PLACE A BURDEN ON PUBLIC FACILITIES. THE INTENTION OF THE LAND DEVELOPMENT CODE IS TAGGED RESIDENTIAL USES FOR MANUFACTURING, WHOLESALE AND TO MEDIUM INTENSITY ACTIVITIES.
MANY OF THE PROPERTIES ON HOLLYWOOD DRIVE ARE RESIDENTIALLY USED FOR IF YOU WERE TO CONSIDER APPROVING -- IF YOU WERE TO APPROVE THIS CASE TODAY, THIS WOULD BE THE FOLLOWING STEPS FOR THE OWNER. HE WILL NEED TO MEET WITH THE FLOODPLAIN ADMINISTRATOR TO DISCUSS THE DEVELOPMENT IN THE FLOODWAY, AS THIS IS COMPLETELY WITHIN THE FLOODWAY.
THE OWNER WILL ALSO NEED TO SUBMIT A PLAN OF ACTION TO THE PROPERTY MAINTENANCE INSPECTOR FOR THE CONDEMNATION CASE.
THIS HAS ALREADY BEEN BEFORE THE MEETING, AND IT IS A CONDEMNED
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HOME THAT HAD BEEN ORDERED TO BE REPAIRED THE OWNER WILL NEED TO SUBMIT FOR A BUILDING PERMIT AS PART OF THIS CASE, AS WELL THE OWNER HAS 180 DAYS FROM THE DATE OF APPROVAL BY THE BOARD TO OBTAIN A BUILDING PERMIT IF A BUILDING PERMIT IS NOT OBTAINED, THE SPECIAL EXCEPTION WILL EXPIRE.THE BOARD OF BUILDING STANDARDS APPROVD THIS TO HAVE A 3060, IF THE OWNER COMPLIES WITH THIS TIMELINE, THEY DO NOT NEED ANY ADDITIONAL MEETINGS. I WILL BE HAPPY TO ANSWER ANY
QUESTIONS YOU MAY HAVE. >> DO YOU HAVE ANY QUESTIONS FOR
CLARISSA? >> HOW MANY NOTICES WERE THEY MAILED BEFORE IT GOT TO THE COMMITTEE? THEY WERE MAILED NOTICES, I'M SURE, WHEN THE PROPERTY WAS NOT HABITABLE. THERE IS A LOT OF NOTICES.
>> THERE WAS A NOTICE -- ARE YOU ASKING TO THE PROPERTY OWNER WHEN THE PROPERTY WAS NOT UP TO PAR? THERE WAS A HISTORY, I CAN'T REMEMBER THE EXACT DATE BUT THE PROPERTY WAS OFFICIALLY CONDEMNED ON MARCH 12TH OF 2026 PRIOR TO THAT, THE PREVIOUS OWNER, THERE HAD BEEN DISCUSSIONS OF THE HOME NEEDING TO BE REPAIRED.
>> IT SAYS THERE ARE SEVERAL NON-CONFORMING RESIDENCES.
WHAT DOES THAT MEAN, NON-CONFORMING? ARE THEY NOT LIVING IN THE CURRENT ZONE AS WELL?
>> CORRECT. AS YOU CAN SEE ON THIS MAP, THE PROPERTIES ALL ALONG HOLLYWOOD DRIVE ARE ZONED LIGHT INDUSTRIAL. AS YOU CAN SEE, IN THE NEIGHBORING PROPERTIES, RESIDENCES EXIST THAT WERE THERE PRIOR TO THE ZONING, SO THEY BECOME LEGAL NON-CONFORMITIES.
SO AS LONG AS THEY CONTINUE TO BE RESIDENCES AND USES ARE NOT ABANDONED THEY ARE LEGAL BUT NOT CONFORMING.
BECAUSE LIKE YOU SAID, IT DOES NOT FIT THE ZONING DISTRICT.
>> CAN YOU EXPLAIN TO US CATGUT SAYS THAT THE BOARD OF BUILDING STANDARDS APPROVED THE 3060 CAN YOU EXPLAIN THAT A LITTLE
BETTER? >> WHENEVER A HOME IS CONDEMNED, THEY HAVE TWO OPTIONS. THEY CAN EITHER ORDER TO DEMOLISH OR IF THEY ORDER A 30-60, THEY HAVE 30 DAYS TO OBTAIN ESTIMATES AND BUILDING PERMIT AND PRETTY MUCH START WORKING TOWARD REPAIRING. THEY HAVE 60 DAYS TO GET THE
INSPECTIONS GOING. >> SO THAT JUST HAS TO DO WITH THE TIMELINE OF CONSTRUCTION, ONCE IT BEGINS.
>> SO THAT DIDN'T HAPPEN, THO. THE OWNER DID NOT COMPLY WITH
THE 30-60. >> IT WAS BEFORE THE BOARD OF BUILDING STANDARDS IN JULY. IN AUGUST, THEY WENT BACK FOR AN UPDATE LIKE WHERE ARE WE? HAS HE OBTAINED THE PERMITS.
AT THAT TIME, HE HAD ALREADY SUBMITTED AN APPLICATION TO BE BEFORE YOU, SO THE TIMELINES DON'T QUITE ALIGN.
AT THAT MEETING, WAS TABLED, PRETTY MUCH GIVEN AN EXTENSION, AS HE IS WORKING TOWARD MEETING THAT REPAIR OF THAT HOME.
>> I ASSUME AFTER TODAY, IF APPROVAL IS GRANTED, THEY'VE STILL GOT SOME WORK TO DO AND THAT'S GOING TO BE CONTINUE TO BE PUSHED OUT UNTIL ALL OF THOSE DUCKS ARE IN A ROW, AND THEN THAT 30-60 WILL START, WOULD BE MY ASSUMPTION?
>> YES. >> DOES IT STILL HAVE TO -- WHAT
ARE THE NEXT STEPS? >> HE NEEDS TO MEET WITH THE FLOODPLAIN ADMINISTRATOR AND GET HIS PLAN OF ACTION AND SUBMIT A BUILDING PERMIT BEFORE THE SEPTEMBER MEETING TO KEEP IN LINE WITH THOSE TIMELINES FOR BUILDING STANDARDS.
>> JUST TO CLARIFY A LITTLE BIT, THIS IS ONE OF THE DUCKS THAT ARE IN THE ROOM. HE HAS TO CHECK THIS BOX FIRST AND THEN HE CAN CONTINUE ON WITH THE PLAN OF ACTION AND THEN THE
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ABILITY OF DOING THE PERMIT AND THEN CALL FOR INSPECTIONS WITHIN THAT FIRST 60 DAYS. I BELIEVE THEY TABLED IT TO ALLOW HIM SOME TIME TO FIT THE MEETING IN WITHIN THE 30 DAYS, AND THEN I THINK HE HAS EVERYTHING READY FOR THE PERMIT, CLOSE OR REAL CLOSE TO IT. THIS WILL HELP GET THAT PROCESSSTARTED IF IT IS APPROVED TODAY. >> OKAY.
ANY OTHER QUESTIONS FOR CLARISSA?
>> SHE IS TRYING TO GET YOUR ATTENTION.
>> HANG ON ONE SECOND, PLEASE, MA'AM.
YOU ALL ARRIVED A LITTLE BIT LATE SO I'M GOING TO HAVE TO SWEAR YOU IN. IT'S OKAY.
IT'S ALL RIGHT. WOULD THE PROPONENT PLEASE COME FORWARD TO THE MICROPHONE. MA'AM, WOULD YOU PLEASE RAISE YOUR RIGHT HAND AND REPEAT AFTER ME -- SORRY, JUST ASKED -- JUST ANSWER THE QUESTION. DO YOU SWEAR TO TELL THE TRUTH THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?
>> YES. >> WOULD YOU PLEASE STATE YOUR NAME AND YOUR ADDRESS OF RESIDENCE.
>> MY NAME IS ROSITA, I LIVE AT 2658 SOUTH 21ST STREET AVENUE,
YOU CAN SPEAK TO THE CASE. >> I HAVE A HOME AT 1241 HOLLYWOOD DRIVE. MY NEIGHBOR WAS TELLING ME THAT THEY WANT TO CONDEMN MY HOUSE. MY HOUSE IS LIVABLE.
MY HUSBAND PASSED AWAY AND MY SON, I GAVE THE HOUSE TO MY SON AND HE PASSED AWAY. THAT WAS IN 2014.
I WANT TO KNOW WHAT I HAVE TO DO BECAUSE MY HOUSE IS LIVABLE.
THEY TOOK THE ELECTRICITY OFF BUT I GOT SICK.
I HAD TWO HEART ATTACKS. SO I WANT TO KNOW WHAT I HAVE TO DO SO THEY WON'T TEAR MY HOUSE DOWN.
>> OKAY. WE ARE HERE TODAY TO TRY TO
RECTIFY THAT PROBLEM. >> THE ADDRESS IS DIFFERENT.
YOU MAY BE LIVING IN A DIFFERENT --
>> IT'S 1241. I'M NEXT TO 12:30 THREE.
>> THIS IS ON 12:30 THREE. >> THEY GAVE ME A PAPER SAYING -- HIS NAME WAS EMMANUEL PEREZ. THEY SENT ME A PAPER.
BUT THEY DIDN'T SEND IT TO MY NAME, THEY PUT IT IN MY SON'S
NAME. >> SO YOU ARE NOT THE OWNER?
>> YES, I AM THE OWNER. >> OF 12:30 THREE?
>> NO, I'M THE OWNER OF 1241. BUT THEY GAVE ME A PAPER SAYING THAT THEY WERE GOING TO DEMOLISH IT.
SINCE IT'S NOT LIVABLE, NO ONE IS LIVING IN IT.
BUT I HAVE BEEN KEEPING UP WITH THAT.
I PAY MY TAXES, EVERYTHING.% MY LOT IS PAID.
I'VE BEEN DOING ALL OF THAT. I HAD SOME SQUATTERS LIVING IN IT. I HAD TO MOVE THEM OUT OF THERE.
BUT THAT'S WHAT I'M SAYING, I AM HERE TO SEE WHAT I HAVE TO DO SO
THEY WON'T CONDEMN MY HOUSE. >> YES, MA'AM.
SO WHAT YOU WOULD HAVE TO DO IS SPEAK TO THE PLANNING AND DEVELOPMENT DEPARTMENT AND FIGURE OUT WHAT YOUR NEXT STEPS ARE GOING TO DO. IF I'M NOT MISTAKEN CACTUS DOESN'T HAVE TO DO WITH ANYTHING THAT THE -- THIS DOESN'T HAVE TO DO WITH THE CASE WE ARE PRESENTING TODAY.
I WOULD BE HAPPY TO HELP YOU. WE CAN'T MAKE ANY OF THOSE DECISIONS OR GIVE YOU THAT INFORMATION IN THIS MEETING THIS MEETING IS ABOUT A DIFFERENT PARTICULAR CASE.
AND SO IT'S GOING TO HAVE TO GO THROUGH THE PLANNING AND ZONING DEPARTMENT. IF THINGS HAPPENED AND PROGRESS WHERE IT HAS TO COME BEFORE US, THEN WE WOULD BE ABLE TO HAVE
THAT DISCUSSION. >> SO WHAT DO I HAVE TO DO NOW?
>> YOUR BEST BET WOULD BE TO GO DOWNSTAIRS TO THE PLANNING AND ZONING DEPARTMENT YOU GO DOWNSTAIRS, OUT THE DOOR AND AROUND TO THE CORNER. YOU GO VISIT WITH THEM ABOUT YOUR CASE AND THEN THEY CAN POINT YOU IN THE RIGHT DIRECTION AS FAR AS WHO TO DISCUSS WHAT'S GOING ON WITH IT AND WHAT YOUR
THANK YOU VERY MUCH. I APPRECIATE IT.
>> YOU ARE MORE THAN WELCOME. THANK YOU, MA'AM.
OKAY. DO WE HAVE ANYBODY IN THE
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AUDIENCE THAT IS A PROPONENT FOR THIS ASE, THAT WOULD LIKE TO COME FORWARD AND SPEAK? SEEING NONE.AT THIS POINT, WE WILL OPEN -- >> HE DOESN'T SPEAK ENGLISH,
CLARISSA WILL HELP HIM. >> IS HE THE PROPONENT?
>> YES, SIR. >> MELISSA, WHILE WE ARE WAITING, CAN YOU GO TO THE SPECIAL EXEMPTION REQUIREMENTS?
>> I NEED TO KNOW IF THEY WILL GIVE ME A CHANCE FOR THE HOUSE.
IT'S PRETTY BAD BUT THEY DON'T FINISH IT OFF.
THE GUY SELLING IT TO ME SELLS IT TO ME IN PAYMENTS.
I DON'T WANT TO PUT THE MONEY BEFORE THEY FINISH TO PAY IT ALL. THAT'S WHY THEY DON'T FIX IT UP BECAUSE I DON'T WANT TO PUT MY MONEY IN THERE FOR THE GUY IF HE WANTS TO KEEP THE HOUSE BECAUSE WHEN I FINISH TO PAY IT OFF, I WANT TO TRY TO FIX IT UP. BUT THEY CONDEMNED IT, SO I
DO YOU INTEND TO USE THIS AS YOUR RESIDENCE? IS THAT WHAT THIS IS? DO YOU HAVE ANY QUESTIONS FOR HIM? OKAY.
I THINK WE ARE GOOD. AT THIS POINT WE ARE GOING TO OPEN THE PUBLIC HEARING FOR ANY PEOPLE OR PERSONS THAT ARE WANTING TO SPEAK IN FAVOR OR OPPOSITION FOR THIS REQUEST.
SEEING NONE WE WILL CLOSE THE PUBLIC HEARING.
AT THIS TIME, WE WILL DISCUSS THIS AS A BOARD.
DISCUSSION? IS EVERYONE THROWN OFF A LITTLE BIT? A LITTLE BIT.
>> I DON'T SEE A REASON NOT TO LET HIM --
>> I CAN'T HEAR YOU. YOU NEED TO MOVE A LITTLE CL
CLOSER. >> IF YOU ARE FAMILIAR WITH MAPLE OR IF YOU HAVE DRIVEN DOWN THIS, THERE ARE A COUPLE OF BUSINESSES, MOST OF IT I WOULD SAY ALONG THAT CORRIDOR, OBVIOUSLY YOU HAVE A NICE, LARGE SUBDIVISION GOING IN DOWN THERE.
MOST OF THE OTHER STUFF IS RESIDENTIAL.
THERE'S A COUPLE OF BUSINESSES THAT I GUESS WOULD QUALIFY AS LIGHT INDUSTRIAL. BUT EVEN ALONG WHERE THIS PROPERTY IS LOCATED, THE LIGHT INDUSTRIAL SEEMS TO BE ALL TO THE WEST OF THAT PROPERTY AND NOT NECESSARILY RIGHT THERE ALONG MAPLE. EVERYTHING TO THE EAST SIDE OF MAPLE, AS YOU CAN SEE, EXCEPT FOR PROPERTY 723, 7A, THAT'S -- EVERYTHING ELSE IS RESIDENTIAL. AS FAR AS I CAN TELL, ALL OF THOSE PROPERTIES THAT ARE ADJOINING ARE THE NON-CONFORMING PROPERTIES THAT ARE RESIDENTIAL BUT ZONE LIGHT INDUSTRIAL.
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SO WHEN YOU LOOK AT THE CRI CRITERIA, IT WILL BE WHOLLY COMPATIBLE WITH THE USE OF PERMITTED DEVELOPMENT OF ADJACENT PROPERTY. PRETTY MUCH EVERY PROPERTY SURROUNDING THIS PARTICULAR PROPERTY IS EITHER ZONED RESIDENTIAL OR IT IS GRANDFATHERED IN AND NON-CONFORMING. IT WILL PLACE NO UNDUE BURDEN ON PUBLIC FACILITIES. Y'ALL MAY DISAGREE WITH ME OR THE CITY'S EXPLANATION OF THIS BUT IN MY OPINION, WOULD NOT PLACE A BURDEN. I THINK FINDING DIFFERENT WAYS, THERE ARE AREAS AROUND ABILENE, WE HAVE AN INDIVIDUAL THAT IS WANTING TO IMPROVE HIS PROPERTY, WANTING TO MAKE THAT AREA BETTER AND I THINK THAT THAT IS PART OF WHAT WE CAN DO IS MAKING SURE THAT WE ARE HELPING IN THE ADJUSTMENT OF THAT AREA.THE INTENTION OF THE LAND DEVELOPMENT CODE IS TO PROTECT RESIDENTIAL USES FROM MANUFACTURING, WHOLESALE AND MEDIUM INTENSITY ACTIVITIES. MANY OF THE PROPERTIES ALONG HOLLYWOOD DRIVE ARE RESIDENTIALLY USED, AND I THINK THAT THAT FALLS IN LINE WITH EVERYTHING ELSE THAT WE ARE DISCUSSING HERE. IT'S BASICALLY FIXING UP A HOUSE, MAKING IT LOOK BETTER THAT IS SURROUNDED BY OTHER HOMES. ANY OTHER THOUGHTS?
>> WHAT WOULD BE THE TIMELINE. IF WE APPROVE THIS, DOES IT GO BACK TO A TIMELINE WHERE ALL THE WORK HAS TO BE COMPLETE.
>> I'M NOT SURE. >> THIS BOARD DOESN'T REALLY DICTATE THAT. BUT IN ORDER FOR HIM TO MOVE FORWARD CACTUS BOARD WOULD HAVE TO MAKE A DECISION THAT THE SPECIAL EXCEPTION IS APPRO APPROPRIATE.
BUT THIS BOARD IS LOOKING AT THE ZONING AND WHETHER THAT SPECIAL
EXCEPTION IS APPROPRIATE. >> I DO THINK I UNDERSTAND WHY YOU ARE QUESTIONING THAT BECAUSE IT'S GOTTEN TO THIS POINT.
BUT I THINK IF I UNDERSTOOD HIM CORRECTLY, HE WAS NOT THE ORIGINAL OWNER. HE BROUGHT THE -- HE BOUGHT THE PROPERTY THINKING THINGS WOULD HAPPEN AND IT GETS CONDEMNED AND NOW HE DOESN'T WANT TO FOLLOW THROUGH WITH THAT UNTIL HE UNDERSTANDS OR KNOWS THAT HE CAN ACTUALLY FIX IT AND LIVE WITHIN
IT. >> WE JUST NEED A MOTION TO
APPROVE THIS OR DO WE HAVE TO -- >> BOTH.
AND I JUST WANT TO CLARIFY, IF YOU CAN GO BACK TO THAT SCREEN.
I MAY HAVE BEEN MISUNDERSTANDING THAT THEY HAVE 80 DAYS FROM THE DATE OF THE APPROVAL TO OBTAIN THE BUILDING PERMIT AND IF NOT, THE SPECIAL EXCEPTION EXPIRES. MAYBE THAT'S WHAT YOU WERE
ASKING. >> BUT THERE WILL BE OTHER THINGS THAT HE HAS TO ACCOMPLISH MOVING PAST THIS.
THIS IS ONE OF THOSE STEPS. >> BUT THIS IS THE FIRST STEP HE HAS TO DO BEFORE HE CAN GO FORWARD.
>> IS SOMEONE READY TO MAKE A MOTION?
>> PERFECT. >> THAT WAS A QUESTION.
>> I THOUGHT THAT WAS A STATEMENT.
I MAKE A MOTION TO APPROVE THIS REQUEST FOR SPECIAL EXEMPTION, BASED ON THE COMPATIBILITY, THE HOMES ARE GOING TO BE COMPATIBLE WITH THE ADJACENT PROPERTIES. GRANTING THIS IS NOT GOING TO PLACE A BURDEN ON THE PUBLIC FACILITIES.
AND THE -- I. FIND THAT THE HOME WOULD BE UNDER SUBSTANTIAL
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JUSTICE FOR -- IT WOULD BE A HOME WITHIN THE EXISTING>> MR. -- MISS SPARKS. >> YES.
>> AND THE MOTION CARRIES. >> SEEING NO OTHER BUSINESS LISTED ON THE AGENDA, THIS MEETING IS ADJOURNED
* This transcript was compiled from uncorrected Closed Captioning.