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[CALL TO ORDER]

[00:00:03]

TO ORDER. I GUESS THE FIRST ITEM IS APPROVAL OF MINUTES FROM THE PREVIOUS MEETING.

>> MR. CHAIRMAN, I APOLOGIZE FOR INTERRUPTING.

THEY LISTED A PUBLIC COMMENT ON THE PUBLIC AGENDA AND WE WILL AT LEAST DO THE PUBLIC COMMENT BEFORE WE DO THE MINUTES. I APOLOGIZE FOR THAT.

>> THANK YOU. PUBLIC COMMENTS.

THERE WILL BE NO VOTES OR ANY FORMAL ACTIONS TAKEN ON SUBJECTS PRESENTED DURING PUBLIC COMMENT.

THE PUBLIC COMMENT PERIOD WILL ONLY ALLOW MEMBERS OF THE PUBLIC TO PRESENT INFORMATION AND IDEAS TO CITY OFFICIALS AND STAFF. THE AGENDA ITEMS.

[1. Minutes: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Approving the Minutes from the Regular Meeting Held on March 10, 2020]

APPROVAL OF MINUTES FROM PREVIOUS MEETINGS.

>> I LOVE. >> SECOND.

>> ALL NOSE THIS FAVOR. AYE.

[2. BA-2020-05: Receive a Report and Hold a Discussion and Public Hearing on a request from owner Mary Fleming and agent, Shawntee Fleming, for a request of an approval of a Special Exception to allow a home occupation (Hair Salon) in a detached accessory building located at 2802 N 18th Street; Legal description being Lot 3 in Block S of the Crescent Heights neighborhood to the City of Abilene, Taylor County, Texas]

AGENDA ITEM. SINGLE AGENDA ITEM BA-2020-05.

RECEIVE REPORT AND HOLD IS DISCUSSION OF PUBLIC HEARING ON A REQUEST FROM OWNER MARY FLEMING AND AGENT SHAWNTEE FLEMING FOR A REQUEST OF A SPECIAL APPROVAL FOR HOME OCCUPATION, HAIR SALON IN A DETACHED ACCESSORY BUILDING LOCATED AT 2802 NORTH 18TH STREET, LEGAL DESCRIPTION BEING LOT 3 AND BLOCK S OF THE CRESCENT HEIGHTS NEIGHBORHOOD TO THE CITY OF ABILENE, TAYLOR COUNTY.

STAFF. >> NICK WATTS, I SERVE AS THE PRESERVATION OFFICER FOR THE CITY OF ABILENE.

CASE I WILL BE PRESENTING IS BA-2020-05.

THE OWNER OF THE PROPERTY IS MARY FLEMING WITH THE AGENT BEING SHAWNTEE FLEMING. A REQUEST FOR SPECIAL EXCEPTION TO OPERATE A HAIR SALON AS A HOME OCCUPATION IN A DETACHED ACCESSORY BUILDING. THE LOCATION 2802 NORTH 18TH STREET. WE SENT OUT NOTIFICATION LETTERS TO A 200-FOOT BUFFER AREA.

ZERO IN FAVOR AND ZERO OPP OPPOSED.

THIS IS AN AREA LOCATION MAP INDICATING THE PROPERTY THAT WE ARE SPEAKING ABOUT TODAY. IT IS HIGHLIGHTED AND STRIPED IN YELLOW. THIS IS THE ZONING MAP INDICATING THAT THE MAJORITY OF THE AREA IS RS-6, RESIDENTIAL SINGLE FAMILY WITH NORTH 18TH STREET BEING A COLLECTOR STREET. THESE ARE VIEWS OF THE SUBJECTED PROPERTY. YOU CAN SEE THAT AS A SI SINGLE-FAMILY HOME FROM THE NORTH VIEW OF THE RESIDENCE.

THERE IS A VACATED SCHOOL TO THE EAST.

THAT IS THE PROPOSED BUILDING LOCATION ON BOTTOM LEFT-HAND SIDE. AND THE BOTTOM RIGHT-HAND SIDE IS A SOUTH VIEW OF THE PROPERTY INDICATING THE SIZE OF THE LOT. ACCORDING TO THE AGENT, MISS SHAUNTAY FLEMING, THE MAN DATED OF COVID-19 OUTBREAK FORCED HER TO COMMERCIALLY CLOSE OTHER HAIR SALON.

THE APPLICANT PLANS TO OPERATE A SMALL SCALE SALON LOCATED IN THE REAR YARD OF HER MOTHER'S PROPERTY, WHICH IS THE OWNER.

THE DETACHED ACCESSORY BUILDING IS 168-SQUARE-FOOT PORTABLE BUILDING PLACED ON A CONCRETE FOUNDATION WITH A TWO-CAR PARKING SERVICE THAT CAN BE ACCESS FROM THE ALLEY FOR PATRONS. IF THIS SPECIAL EXCEPTION IS APPROVED, THE AGENT PLANS TO APPLY WITH -- COMPLY WITH ALL BUILDING STANDARDS ASSOCIATED WITH THIS BEAUTY SALON.

YOU CAN SEE FROM THIS PHOTO AS WELL, THIS IS THE PROXIMATE LOCATION WHERE THE ACCESSORY BUILDING WILL BE.

AND FROM THIS PHOTO YOU SEE THERE IS STREET ACCESS TO HER BACK YARD WHERE THE PATRONS WILL BE PARKING ON THAT GRAVEL SURFACE. ACCORDING TO CODE SECTION 1 1.4.4.1, SPECIAL EXCEPTION CRITERIA FOR APPROVAL, THEY HAVE TO MEET THREE CRITERIA FOR THE SPECIAL EXCEPTION.

FOR THE FIRST ONE, IT IS OPINION OF STAFF THAT A HAIR SALON IS IN A 168-SQUARE-FOOT DETACHED ACCESSORY BUILDING IS SIMILAR IN OCCUPANCY SIZE WHEN COMPARED TO OTHER HOME-BASED BUSINESSES. THE OCCUPANCY LOAD WILL BE NO MORE THAN TWO PATRONS PRESENT AT ONE TIME THEREFORE LIMITING THE AMOUNT OF TRAFFIC DURING NORMAL HOME OCCUPATION

[00:05:04]

VISITING HOURS. WILL PLACE NO UNDUE BURDEN AND IS IN HARMONY WITH THE GENERAL PURPOSES AND INTENT OF THIS ORDINANCE. WILL HAVE MINIMAL IMPACT ON SURROUNDING RESIDENTIAL PROPERTIES AND IS CONSISTENT WITH THE INTENT OF THE NOTIFICATION.

THE AERIAL MAP SHOWING WE SENT OUT LETTERS TO ALL NEIGHBORING PROPERTIES. WE RECEIVED ZERO IN OPPOSITION OR APPROVAL. AND OF PURSUANT TO THE LAND DEVELOPMENT CODE CRITERIA FOR APPROVAL.

STAFF FINDS THAT -- STAFF RECOMMENDS APPROVAL ACTUALLY.

SO. I WILL BE HAPPY TO ANSWER ANY

QUESTIONS. >> ANY QUESTIONS?

ROBERT? >> THE PARKING IS INSIDE THE

FENCE, IS THAT CORRECT? >> I BELIEVE SO, YES.

>> BUT ACCESS FROM THE ALLEY? >> ACTUALLY ACCESS --

>> FROM THE SIDE STREET? >> FROM THE SIDE STREET.

>> ANYTHING IN THE WORKS FOR THE FANNON SCHOOL?

>> NOT AWARE OF ANYTHING IN THE WORKS FOR IT.

>> OKAY. AND THE MAX -- THE MAX IS OPERATOR AND ONE CUSTOMER, IS THAT CORRECT?

>> ACTUALLY TWO PATRONS. >> TWO PATRONS AND THE

OPERATOR. >> CORRECT.

>> THANK YOU FOR THE CLARIFICATION.

THAT'S ALL I HAVE. >> ANY OTHER QUESTIONS? THANK YOU. AND BEFORE I OPEN THE PUBLIC HEARING, I FAILED TO INTRODUCE THE MEETING WHICH I WILL DO RIGHT NOW TO MAKE SURE WE COVER ALL OF THOSE BASES.

BOARD OF ADJUSTMENT HAVE FIVE MEMBERS.

FOUR NEED TO BE PRESENT. AND FOUR FAVORABLE UNDER CONSIDERATION. IF A SPECIAL EXCEPTION OR VARIANCE IS GRANTED BY THIS BOARD THE APPLICANT HAS 180 DAYS TO OBTAIN A BUILDING PERMIT IF REQUIRED.

THE BUILDING PERMIT MAY BE APPLIED FOR THE DAY THE REQUEST IS APPROVED AFTER THE MEETING IS ADJOURNED.

IF THE REQUEST IS DENIED, IT MAY NOT BE RECONSIDERED FROM THIS BOOR FROM 12 MONTHS OF THIS DAY.

APPEALS OF DECISIONS OF THIS BOARD MAY BE MADE TO A COURT OF RECORD, WITHIN TEN DAYS FROM THIS DATE.

AND WE NEED TO SWEAR IN THOSE THAT ARE COMING FORWARD.

IF YOU PLAN TO COME TO THE PODIUM TO SPEAK ON A CASE THIS MORNING, WILL YOU PLEASE RAISE YOUR RIGHT HAND.

DO YOU SWEAR TO TELL THE TRUTH, THE HOME WITH TRUTH, AND NOTHING BUT THE TRUTH? OKAY, THANK YOU.

AND NICK HAS ALREADY PRESENTED THE CASE.

WILL THE PROPONENT PLEASE COME FORWARD TO THE MICROPHONE.

STATE YOUR NAME AND WHY YOU ARE REQUESTING THE SPECIAL

EXCEPTION OR VARIANCE. >> GOOD MORNING, MY NAME IS SHAWNTEE FLEMING, AND I AM ACTUALLY REQUESTING MY SALON BE AT MY RESIDENCE DUE TO COVID-19.

WE TOOK A HIT ON SMALL BUSINESSES.

THE -- LIKE OVERHEAD THAT I HAD, THE BILLS FOR A BUSINESS, THEY NEVER STOPPED COMING. YOU COULD MAKE EXCEPTIONS FOR YOUR LIGHT BILL, FOR THE WATER BILL, BUT FOR YOUR BUSINESS, IT NEVER STOPPED COMING. I DID APPLY FOR A LOT OF ASSISTANCE, BECAUSE I WAS SO SMALL, I GUESS I DIDN'T GET ANY TYPE OF FUNDING. SO THE MONEY -- SO THE TWO MONTHS I WAS DOWN -- I ENDED UP EVEN GETTING SICK, ALL OF THAT MONEY CAME OUT OF MY POCKET.

SO NOW THAT WE ARE SOMEWHAT UP AND RUNNING, I CANNOT HAVE A BIG SALON AND JUST HAVE ONE PERSON IN THERE, BECAUSE I DON'T WANT TO GET SICK EITHER. NORMALLY I -- I COULD HAVE SOMEONE PROCESSING AND I COULD BE SHAMPOOING SOMEONE ELSE, UNDER -- UNDER THE DRYER, BUT NOW I CAN'T DO THAT.

SO I HAVE A SALON ON NORTH SIXTH STREET, BUT I CAN'T ACCESS IT -- I CAN'T ACCESS IT THE WAY I WOULD RUN A FUNCTION AND BIG DUE TO COVID. SO NOW I WOULD LIKE TO BRING THIS TO MY PROPERTY SO IT CAN BE A LITTLE BIT MORE PRIVATE.

I HAVE A LOT OF CLIENTS THAT SUFFER FROM ALOPECIA WHICH IS A HAIR DISEASE AND I CAN HAVE ONE CLIENT IN AS A TIME.

AND IT WILL CUT BACK ON A LOT OF THAT OVERHEAD THAT I AM OUT OF RIGHT NOW PAYING RENT, PAYING LIGHTS FOR A BUSINESS

[00:10:02]

THAT IS REALLY BIG. I LOST A LOT OF MY STALLS.

PEOPLE HAD TO RELOCATE. I WILL ASK YOU TO PLEASE CONSIDER APPROVING THIS SO I CAN STAY IN BUSINESS.

THANK YOU. >> I HAVE A QUESTION?

>> OKAY, WE PROBABLY HAVE SOME QUESTIONS FOR YOU.

SO THANKS FOR STAYING FOR THOSE.

WARREN? >> THE FIRST THING TO CAME TO MIND WHEN I LOOKED AT IT. IS THAT THING AIR-CONDITIONED?

>> I HAVE A WINDOW UNIT -- OH, MY GOD, YES.

IT IS SO HOT. SO I KIND OF POSITIONED IT WHERE THE AREA THAT WOULD BE MORE IN THE SHADE SO IT WOULDN'T TAKE THE DIRECT HIT OF THE HEAT.

AND I HAVE -- I WENT TO LOWE'S AND I GOT STUFF FOR HEATING AND STUFF. RIGHT NOW I AM A LICENSED BONDSMAN IN ABILENE, SO A LOT OF MY WORK IS DONE BY APPOINTMENT ONLY. SO I AM NOT RUNNING A BUSINESS MONDAY THROUGH FRIDAY. IT IS BOOKED ONLY.

SO, YES, I AM GOING TO HAVE AIR CONDITIONING.

>> THANK YOU, MA'AM. ANY OTHER QUESTIONS?

>> YOU DID APPLY FOR CARES MONEY TO KEEP YOUR BUSINESS IN

OPERATION? >> I DID.

I DID APPLY THROUGH -- OH, IT'S BEEN SO MANY -- SBA, THE PPP, CARES, FEMA. I WENT THROUGH THAT FOR TWO MONTHS. AND I WAS GOING TO SAY THIS.

IT IS -- T IT IS VERY FRUSTRATING WHEN YOU NEVER HAD TO ASK FOR HELP. YOU HAVE BEEN A SUCCESSFUL BUSINESS OPERATOR AND YOU NEVER HAD TO ASK FOR HELP.

AND WHEN THE PANDEMIC HIT AND WE WERE OUT, HAVING TO ASK FOR HELP, KEEP FAXES, E-MAILING, CALLING, CONTINUOUSLY ON THE PHONE, ON HOLD, IT -- IT REALLY PUT ME IN A DEPRESSED STATE OF MIND FOR A MINUTE. THIS IS THE EFFECTS OF SMALL -- SMALL BUSINESS OWNERS DEALING WITH, LIKE, COVID.

YOU ARE CONSTANTLY ON THE PHONE.

YOU ARE CONSTANTLY FAXING. YOU ARE CONSTANTLY FIGURING OUT WHAT ELSE THIS HE NEED. AFTER MONTHS OF LETTERS AND PENDING AND THE EIDL AND ALL THAT, IT STILL CAME BACK NOTHING. SO FOR THE PEOPLE LIKE ME THAT ARE NOT A BIG CORPORATION, WE SUFFERED THE MOST, BECAUSE WE DON'T HAVE A FRANCHISE. WE DON'T HAVE ALL OF THIS STUFF. LUCKILY FOR ME I WAS IN A FINANCIAL POSITION THAT I WAS ABLE TO SAVE SOME MONEY TO PUT BACK AND THAT IS HOW I WAS ABLE TO MAKE IT.

BUT AS FAR AS FUNDING FROM THE CARES, FROM ANYTHING, NO, SIR.

>> I APPRECIATE YOU NOT GIVING UP.

>> THANK YOU SO MUCH. >> I WOULD JUST LIKE TO SAY I APPRECIATE YOU STEPPING OUT OF THE BOX AND BEING STRONG.

AND I BELIEVE THAT IS A WONDER WOMAN MASK, AND I BELIEVE YOU

WEAR IT WELL. >> THANK YOU SO MUCH, THANK

YOU. >> A COUPLE OF QUICK QUESTIONS. IS YOUR REGULAR SALON, IS IT

OPEN? >> MY REGULAR SALON OPEN RIGHT NOW. I HAVE A LOT OF INVENTORY THAT I HAVE TO GET RID OF, A LOT -- MY CUSTOMERS DO KNOW THAT I AM TRYING TO DOWNSIZE, BUT I CAN'T JUST CLOSE IT UP WITH ALL OF MY STUFF IN THERE. AND I SURE DON'T WANT TO BREAK A LEASE. I AM TRYING TO RIDE IT OUT

UNTIL IT IS OVER. >> AND THE ONE -- THIS ONE WE ARE TALKING ABOUT TODAY, IS THAT ONE YOU ARE GOING TO

OPERATE YOURSELF? >> YES, SIR, THAT WILL BE ONE I WILL BE OPERATING MYSELF. IT WILL BE -- KIND OF LIKE A MINI SALON. JUST A WHOLE LOT SMALLER THAN

WHAT I HAVE RIGHT NOW. >> HOW MUCH LONGER DO YOU HAVE

TO STAY IN YOUR LEASE? >> ACTUALLY MY LEASE IS UP IN NOVEMBER. SO NOT TOO MUCH LONGER.

IT GAVE ME SOME TIME TO SELL THE STUFF THAT I NEED TO

DOWNSIZE. >> I ALSO WOULD LIKE TO THANK YOU FOR BEING AN EXAMPLE OF YOUR NEIGHBORS AS FAR AS CARE AND CONDITION OF YOUR PRO PROPERTY.

>> THANK YOU. >> ANY OTHER QUESTIONS? THANK YOU, MA'AM. APPRECIATE IT.

ANYONE ELSE LIKE TO SPEAK IN FAVOR OF THIS REQUEST? ANYONE TO SPEAK IN OPPOSITION? SEEING NONE, WE WILL CLOSE THE PUBLIC HEARING. ANY DISCUSSION REGARDING THE

CASE? >> SEEMS PRETTY

STRAIGHTFORWARD TO ME. >> I MOVE WE APPROVE THE SPECIAL EXCEPTION BASED ON THE WORK DONE BY THE STAFF AND

[00:15:01]

THEIR RECOMMENDATION FOR THE DATA FOUND IN THE REPORT.

>> SECOND. >> WE HAVE A MOTION TO APP APPROVE. MR. HUBER.

>> ROGER HUBER: YES. >> MORTON LANGHOLTZ: YES.

>> BOB BEERMAN: YES. >> YES.

>> SCOTT HAY: >> SCOTT HAY: YES.

>> THE MOTION CARRIED. THE ONLY ITEM ON THE AGENDA.

WE WOULD LIKE TO THANK THE STAFF AND EVERYONE FOR BEARING WITH ALL OF THIS THROUGH ALL OF THIS TIME AND MAYBE WE WILL BE BACK TO NORMAL SOME TIME SOON.

>> WHAT'S NORMAL? >> NORMAL-ABNORMAL.

>> I WILL ENTERTAIN A MOTION TO ADJOURN.

>> SECOND. >> ALL THOSE IN

* This transcript was compiled from uncorrected Closed Captioning.