Planning Commission - Regular Meeting

Okay. Okay. Um, welcome to the Tuesday, November 25th Bedford Board of Zoning Appeals meeting. I'll call the meeting to order and start with approval of the minutes for the previous meeting, October 28th, 2025. I'll make a motion to approve the minutes for October 28, 2025. I have a motion to approve the minutes. I'll second. I have a second. All in favor? I.

Any opposed? Same time. Okay. The minutes as printed are approved. We have three items of uh new business scheduled on the agenda today. I'd like to note that items one and two on this agenda are not yet present at the meeting. So we will start with the third item first [clears throat] and that is a public hearing for request for Walmart real estate business trust who are requesting a variance from developmental standards for less than the required parking spaces. They request a reduction of the existing parking spots to one space per two.

There we go. 250 square feet of public space for for the development of a Walmart fuel center. The required parking per ordinance is one space per 100 square feet of public space. Um Kyle, and I'm going to butcher this last name, um Sherart. Okay, good deal. Thank you. We'll we'll speak via via Zoom, [cough and clears throat] please. That that said, I'm assuming we don't need Kyle can't sign in, but he's you have me. Very good. That's fine. [snorts] How are you, Kyle? I'm good. How are you, sir? Good. The floor is yours, sir.

All righty. Thank you guys uh for hearing me out here. Um thank you. Covered a lot of it. Uh this is in regards to the existing Walmart uh super center property at 3200 John A. Williams. Um Walmart is looking to put in a fuel station at the site and um to support that development, they're looking to get a parking variance. Um as you mentioned, uh the existing required parking spaces is one per 100 square feet of floor area, which I think comes out to about two times the parking spaces that's actually on that site today. Um, so we're looking to request variance to drop that down to four spaces per 1,00 square feet of floor area, which is uh typically Walmart's uh internal requirement for what they feel like is is a perfectly adequate parking. Um, with this fuel station, we're proposing about 4.2 spaces. So just above that that 4.0 requirement. Um, just uh future proofing this site in case Walmart needs to make any slight modifications in future. So for clarification, this is just the parking for the fuel station we are talking about here. So

the this is for the entire super center. For the entire center, that fuel station is going on the existing super center parking, right? Uh parcel. I can remind the board when uh you did the special exception permit to allow them to have the gas station fuel center, this was discussed um previously last year whenever this was done. Uh it just wasn't formally done in the matter that we knew they were going to be reducing the number of parking spaces. It was discussed in that meeting. It's in the maintenance of that meeting.

It just wasn't formally done and I think they wanted to have it for case there something down the road. Yep. That's correct. Is that fair? I understand. Yeah, absolutely. Walmart Walmart legal is just looking to paper this up. So cover themselves. And by adding all the same parcel obviously then we're reducing the number of spots per correct

what I understand. There are any questions the board any any disc other discussion? I mean obviously we already discussed it and you know from experience from shopping there. I know this particular spot is usually pretty desolate as far as parking goes. Anyways, it seems seems the main parking there that I've noticed is people parking at another business across the street that utilize it. So,

do I have a I have a motion? Uh, barring no other discussion or comments from anyone else, I'd be happy to make the motion to approve this variance. I have a motion to approve the variance as requested. Do I have a second? Second. [snorts] I have a second now. All in favor? I I I any opposed. Um the variance as requested has been approved. Thank you sir. Appreciate your time. Thank you. Thank you very much. Have a happy Thanksgiving everyone. Thank you too sir.

Thanks [clears throat] and they own it. It looks like maybe item number two is showing. I believe that's who that is. Yeah,

item two is okay. [cough] [clears throat] [snorts] Okay. Um, moving on to item number two, the new business. Today is a public hearing for request from Apple Baker Studios requesting a special exception for a permitted zoning use at 512P Street. They would like to use part of the building space for a retail store, an antique mall, and the property is presently zoned PR. Victoria Baker is here to speak. Yes, sir.

I'm assuming you signed in. The floor is yours. You could just if you could just kind of give the board an idea of obviously we've kind of described it here, but what you what you have in mind? Well, uh, the building we'd like to put an antique mall in the upstairs and part of the downstairs. So, it's, um, that's pretty much what we want to do with it.

And it's and it's presently [snorts] it was zoned residential. So, we recently um the reason we went with PDR [clears throat] instead of just commercial is because there were a couple of neighbors that weren't comfortable having it as straight commercial because they didn't want somebody to be able to put a tavern in there later down the road. So, we would like to have a retail space. That was the whole goal of purchasing this building was to have a retail space. And we have no interest in in a tavern. Okay, please. Um, Kevin, I see in our packet you have some comments. I know some time ago, seems like many months you you've [laughter] been coming back to us over and over and uh many of the neighbors were concerned. I see none of them are here today, but I see you have in the packet there's some comments that came in. Could you uh

give us a rundown of those

copies of voicemails that I received and they don't translate very well sometimes. Uh the one Martha Bay, she lives at 57. Um she just wanted to verify that this was going to be the retail space. She has agreed all along the PR was a a good thing and that as long as the board had control over it, if it was approved for the retail space now, if if they sold the building, would the next owner have to come back and reapply for another special exception to do the retail space again? I said yes, that's the way that would work. So, she [clears throat] has no problem with having the retail space. Um, if you recall from previous meetings, uh, Angie Jones is right across the road. Uh, she is she's adamant. She would she would rather see the building torn down. She doesn't want anything there. So, um, and those were her words. So, yeah, she is against anything being there at all. She was she was at a prior meeting and

she was at any meeting. She was one of that and you had not heard from anyone else besides these two. [cough] I'm sorry. You hadn't heard from anyone else besides these two? No one else called any letters. Are they here? Are any of these people here? And I was aware that the two that we spoke of were not going to be here. I'm sorry.

Well, that's Are there any other questions or discussion board?

Yeah, I would like to ask a question. This building has not been previously used as retail. It's kind of obvious that it would be a reclassification of its occupancy use. Are you going through a design professional or an architect to see that the building would meet the requirements of local and state? Um, [snorts] we it's pretty much just people move in. We're not we don't have to really build anything up there. So, when you open a building to retail access from the public, it has a classification. Mhm.

And there could be local and state things that would need to be met for it to be compliant to lessen your risk and the city's risk if someone was to be injured there or hurt or something would go wrong. So I can answer part of that. Um, they were able to do a lot of their remodel while it was still residential, like adding the bathroom or changing some of the stuff with the bathrooms. Um, the upstairs, if I remember correctly, is already sprinkled.

Yes, it has sprinklers throughout the entire They have to get that inspected. Yes. And bring make sure that it's up to code. So, that's already there. And then everything upstairs will be an open space pretty much space. So, you know, other than getting their fire extinguishers sprinked, [clears throat] I think they're good to go. That's good. One, one other thought is, uh, I know before we left doing what we were doing before I retired as far as handicap accessible, is that they are going to build a ramp for that. We actually just bought a lift.

We bought a lift for the front of the building. Sounds like the issues that I question.

Well, we've uh we've had these folks in front of us several [clears throat] times and we've beaten her up several times and she's answered all the questions. Uh I think the time has come for us to put this finally to bed. She's jumped through all the hoops. Um, I know there's concern from the neighbors and I appreciate that. I think some of that has been probably relieved through some of these discussions, but they have had multiple opportunities to voice their concerns. Uh, [clears throat] I I've read again the uh the comments you've gotten. The one takes us to ask more than them for having this meeting which is regularly scheduled or having it this close to a holiday. So, uh, I I guess with that, I I think it's time we do something with this. I would make a motion that we approve this variance.

I have a motion on the table to approve the variance. I will second that. I have a second. All in favor? I I. Any opposed? This variance has requested [clears throat] been approved. Thank you very much for all your time. Thank you, gentlemen. Thank you. Thanks. Good luck. Thank you. And then is our final uh you Garrett? Yeah.

Okay, Garrett. Okay. Then we have one uh one final item of new business today. um is a public hearing for a request from Diesel Home Buyers and Solution for 182414th Street requesting a variance from developmental standards for the less than required lot size of 7200 square ft in an R2 zone. The lot is currently 6,080 ft. They wish to uh subdivide the parcel into two partials resulting in each parcel being [clears throat] 3,040 square ft. And then uh Garrett Wall, I understand, is here to speak on behalf of the project. Garrett, the floor is yours. Okay.

Yeah. Um so I've been speaking to Kevin. I'm not sure who's be here. Thank you for working with me and providing everything. But um but yeah, so he uh Kevin showed me a property 1406 Park Street. Um it's at 3240 square ft, you know, which is 200 square ft difference. um the for what I would like to do. Um but I mean it's kind of the only thing I I gathered for this. Um I have plans. Nothing really set in stone yet. I didn't want to spend the money until I get approved on that. But I was thinking from a thousand eight square foot home is the plan. Two bedroomedroom two two bed maybe one or two bedroom one bath or two bath maybe. Yeah. Okay.

Um, so what you're saying is you there there's a lot you're saying there they're close that is third 3200 ft. It's 200 f feet more. Okay. So the house that's currently on the property. [clears throat] Are you leaving that? Are you tearing that down and trying to No, I'm I've been remodeling it. Okay. Yeah. So this little structure here on the back end, I'm assuming that's like a shed or Yeah, it's a cardboard. Okay, that's okay. Just car. Yeah. So you're That's for the

correct. Kevin, are there any heard anything on this situation from anybody?

Neighbor [clears throat] to the east. She did call. She was curious what was going on. Uh she didn't have any objections. She didn't have she was opposed. She say fairly good job of remodeling the house that's in front. The house in front was pretty bad. That's the only neighbor I spoke of.

So [clears throat] [snorts] may I ask please chairman? Um, just so I'm clear, I see the lot as it currently is with a house, right? And this you said it was a carport, right? So, you're looking at putting two a second structure, a second house on that or what exactly are we looking? I was wanting to to divide it into two lots. Uhhuh. And then building the second house in the back where the where the cardboard is. Okay. So my my question becomes I thought that's what I understood it to be. My question becomes if [clears throat] that's divided, how where's your access to the front house then?

Right here. There's a there's a a concrete there's a driveway there. No, there's a concrete sidewalk. It's kind of hard to see the line. [clears throat] There's like a sidewalk that in over there. Okay. on our little picture right here. The yellow line's right over top. Yeah, the yellow line right over. So is So is there room then for a car to get in there? Is that in essence driveway? No, there's not. So where would the parking be? Street parking. And we got to for a house, we've got to have two spots, I believe.

For a house. Uh is this parking restricted on this side of the street? of uh whatever that's 14th. There's no no parking signs or anywhere on either side. It's probably one of those areas is only allowed on the north side of the street. Well, I'm seeing in our picture there's cars parked there, but I don't know if we start if that [clears throat] becomes parking for this house, which now is done in the back. Where do we Is the street even wide enough to not make it then a one-way street if we have parking on both sides?

I probably not. I mean, by ordinance, you you have to have the two parking spaces per house per house. And I'll grant there's room behind, but that's used for the current house right now. Will will there be parking back? What will What will happen from behind here? There wouldn't be because well if there is a second house here you would have to come in either leave enough room here or park on this thing on uh S Street or Magnolia whichever that is called your intent to have enough room should be.

Well should be sounds great but I can't vote for something on a should be. Well there would be Okay. [laughter] Um, what you just said, Steve, he said that there would be parking for this second house. Well, I'm assuming there would be room where the carport is if it's a small house. I'm I'm also concerned now about setbacks. Uh um what we've got is one lot that was grandfathered in obviously that's already out of compliance and we're wanting to now separate that and make two lots that are way out of compliance.

Let me clarify the example that he was using on the first was something that's been there forever. All of that stuff in there has been grandfathered in. You drive down through that end to 14. That'll have been there forever. What's What's been grandfathered in? Just what's there now. In other words, the you used an example of a lot that was about the size that you're wanting to go to in 200. Yeah. Those things, in other words, they h they h they happen quite regularly where we have they're just they are they wouldn't be conforming today.

Right. [snorts] Now, if this was one house going in, if this one was being remodeled, even in the past, we have uh let them tear a house down that was grandfathered in due to the size of lot and build another one, been in the family, whatever, right? Um this would be dividing something that is in my mind that is already out of compiance problem. Uh we are exacerbating a problem. We have we have parking problems on potentially both streets. I'm still not convinced that we don't have setback issues.

What is the setback between homes on between I think I have it right here. Uh 25 for the fronts, 15 for the rear. Okay. Six on each side. Please would be like 20 28 wide by 36 and that would allow you what you were saying is what what kind of square footage, 108, 108. Okay.

Yes. To set back for the front which is front yard would then become Magnolia Lane. So that's 25 ft off of that, [clears throat] 15 ft off of the rear property line and 6 ft off each side, which would leave him enough space for 28 ft by 36. And we're thinking then also enough space to park, right? Certainly hear your your your concerns. Um well my and kind of echo Steve my concerns which we dealt with a little bit the last meeting is really you know kind of expressing if you're cutting it you know marginally from what we want um then that's you know a conversation you can have but you know splitting the lot size in half to me is kind of going against the whole purpose of why we have those regulations. It looks to me, I know he brought up an example of something that was grandfathered in, but just looking around the neighborhood here, [clears throat] there's no other lots near that size. Um, at least in our overview right here, which I think, you know, again, I don't necessarily want that kind of size [snorts] lot anywhere, but a couple more around that, it would probably make more sense, but this would be a big deviation [clears throat] from everything else in the neighborhood to me. So I I would not have a problem if it was remodeling. It's it's the reason gentleman is here to split something that's already not in compliance and make it even worse. I just can't wrap my arms around that one, personal opinion.

So it's a density issue pretty much. Pardon? It's a density issue is what you're saying. I am not comfortable. I'm I'm We put the Well, we didn't the these [clears throat] ordinances were put together for people smarter than I am, but the ordinance would address this and uh there was a reason for that and we are slowly trying to get that cleaned up as lots are redeveloped. We just did that [clears throat] a month ago as you noted

and this is just flying in in the face of that to go ahead and continue to make this bad situation even worse. Um I I'm just very much opposed to it. I know it was grandfathered in and with that I could uh be more amiable for one property there, one structure, one house on that uh but not not to split it off and do two. I just I I can't go there. That's a bridge too far for me. Do I have a motion then to

I will make the motion then to disapprove this request for the variance? I have a motion um to deny the variance as applied. Do I have a second on that? I'll second. I have a second. All in favor of the denial of this as applied for it. I I Any opposed? Sorry. I we [clears throat] appreciate your time. I hope you understand the position of the board. Cass, um if I can get parking for the front house, would that help any or no? You're still trying to split a lot that's already out of compliance. Yeah. And I don't see a compelling reason that that has to happen.

Yeah. I'd be fine if you wanted to remodel that one or knock it down and build another one on it. Yeah. Even though it's out of compliance, but it was grandfathered in at that size. But now to split it off, we are simply condoning and exacerbating a problem that we already have. Okay. And remember too, we let all these requests stand on their own merit, but if we did what you're requesting, we would not be able to virtually turn anybody down that wanted to split a lot, right?

I mean, again, that's kind of again, last month, we had the similar situation and, you know, and that that lot was did [clears throat] not have the same parking issues that this one has, uh, per se. and we use the same logic to deny it. So, I mean, we can't really there is a little bit of precedent set here, too. And what we're trying to do as a board here for the community and I apologize. I mean, I understand what you're trying to do and you know, I got I I sit here and look at it as from which I know none of the other neighbors have really spoken of, but you know, property values for the properties around there. having two houses right there beside either one of them these were again it just doesn't fit the current you know standards of this current neighborhood and I I I would just have a hard time

putting that there is there's like six duplexes down the road too that are scrambled together so um on the same street there but like you said it's probably grandfather and but it does fit the you know the lot size I'm trying to go for. We sure appreciate your time and appreciate you obviously trying to find ways understand every way you can to try to help your situation improve improve the lot but unfortunately it's just a it's just too far of a stretch and too many directions right in this case. Okay. Thank you.

Thank you sir. Appreciate your time. Thank you. [snorts] stick around. Okay. Um if there is any if there are no other items, I will entertain a motion to adjourn. I so move we adjourn. I have a second. All in favor? I. This meeting is hereby adjourned. Thank you. I enjoy it. Yeah, thanks for