Board of Zoning Appeals - Regular Meeting

go today. Okay. Blame it on blame on Norfolk Southern. Blame it on Norfolk Southern. Yeah. Have to have Should we go ahead and start? Do you think we can? Okay. We need at least four members here. We have Let's rise for the pledge of allegiance. Aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Okay, officially call the meeting to order. Welcome all of our guests. Thank you for making it. First thing is to have roll call members. Mark Mills here. Larry Moer here. Mike Nichols here. Joe Stevens. Isaac Chavez pres. Joseph Bookwalter. Chris Alba. Okay, we have four members here. The next item on the agenda is the minutes from our special meeting last week. We have the right people personnel here tonight to take action on as long as we're all in agreement on. I'll make a motion that we approve the minutes from our last June 17th meeting. I'll second to approve minutes from June 17th. Okay. Roll call on the motion to approve. Mark Mills. Yes. Larry Moer. Yes. Mike Nichols. Hi. Isaac Chavez. Hi. Okay. So the next thing is our first and only public hearing for new business. It's u CPC 2025-06 Street Frankfurt initiated at 357 North O'Neal Street to reszone from B residential back to C residential to our staff. Mr. Mr. President, thank you very much. members of the plan commission. Um there is no findings of of uh on this project basically because um when the unified development

ordinance came through and we redid the zoning maps of the city, we made everything be residential and unless we knew that it was property as in multif family dwelling. So, there are some that got moved from C residential to B residential. And this is one of the properties. Now, you know what's what's the big deal? Well, the big deal was, and I'm going to give you a little bit of history of of of how this all came together, is that um five years ago, almost six years ago, when we took office, um um the campost had built a a garage, had permission to build a a garage from the previous administration. And when we got there and started looking, we didn't think it was a garage. We thought it might be more than a garage. Well, it was. um they were doing body shop work in there. So in in our conversation with them, it's like, hey, to make this legal, let's do a used variance so that uh the BCA can grant you that in and then you can do your your chores as needed on on your property. So at that time, the property was zone C residential. Uh we went to the um BCA on February the 9th of 2022 to get a used variance and that used variance passed. And one of the conditions that was with this used variance is that no more than five cars that were in need of repair, that's the big the big word, in need of repair, would be allowed to be outside the building because of the at that time the uh the lack of parking facilities and to keep the cars from being in the street. So all that passed, all that got recorded and then the UDO came in and we changed the zoning from C to B. And you

know my question is is now does that make it a non-conforming use? Because it's not in the proper zoning district. So, we're coming to you tonight to ask you to please put back their C residential zoning uh for this property so that the used variance would then be I guess would be permitted or be the right thing to be doing because it was given to them when it was a C residential. So, that's what we're here tonight for. Um, and we're asking that that you please do that. And my understanding is our attorney signed off on this right kind of roundabout way of getting to where we want to get to. Yeah. I I I will tell you that when we came here tonight, we were going to have you table this, but some accusations that were made to me, which made me go out to the facility to see if some of the things that was addressed to me, which would made him not obey the variance. So, we went out to today to check on all that once I got a a written complaint and and all of the complaints that are based on what we're going to do tonight um are are non-existent. They're not there. They He claimed that he had more than five property or five cars outside that were in need of repair. He does not. He He actually only has three. Um we've had a discussion about where the two of the three cars are located. He's going to work on that, but um he he hasn't he everything that he's required to meet for the used variance. He has done that and he's not in violation. So because of that, we're not asking to table. We're asking you to please look at changing this back to a C residential district. And Miss Albertson, if you want to

continue. So, as far as the legality of it, by when he applied for the use variance, it was C- residential because it was C residential. The use variance was proper and he was in conformance with the with the law at that time. When it changed to B residential, it's now a non-conforming use because you can't have that use variance with a B residential. So, when the city changed it, when the UDO went into effect, that made him non-conforming. if it goes back to a C residential, which is what he had before the UDO was in effect, then he will be in conformance again. And then, as Don mentioned, he went out to the property to ensure that all of the conditions of the use variance were still being met and he wasn't in violation of any of those conditions. And per Don's report, he is not. Okay. And before we open up for comments from the public, just want to clarify a couple things. We are not in any way zoning this commercial. No. At all. No. And we are in a in in effect zoning it to C residential. So the conditions placed with the use variance can be enforced which means no more than five cars. And in the absence of this you know it's the whole use variance goes away as well as all the conditions. But if we zone it back to C residential the use variance comes back in effect subject to the conditions which is five. That's right. No more than five cars that are in need of repair can be on the outside of his building. And the reason why I kind of like use for is it locks into that specific use. It's not a commercial property. It can't flip from car repair to whatever commercial. It's going to go back to then see residential. That's right. So if he were to say, "Hey, we're going to move and sell." Then everything goes away on the variance. And if the person who's going to come back in wants to do that, they'd have to come back to the BCA to get that used variance. subject to a new public

hearing. So, is there any comments from anyone in the audience? If anyone, please come forward and say your name and any comments and we'll open it up for questions. My name's Todd Wlock. I live at 359 North and Mill um directly to the north of them. I just want to say um they've I feel like they've been extremely compliant over the time. I've never seen any more cars out there than what they're supposed to have. I have three vehicles myself. I probably park on the road more than they do. So, um I just feel like it should be approved and would like to speak in favor of them. Anyone else, please? Uh I'm Jennifer Davis. I'm at 350 O'Neal. I rent from these guys on the on the property across the street. Um we've been there since February. These guys, they're quiet even though they have a garage across the street. I never know he's out there until I wake up and I see the cars have been rotated. And I mean, they constantly rotate, but he's he's he's not making any noise when he's doing it. He's not disturbing anybody. Um I know that there have been some other accusations thrown out. Should I address that as well? No. Okay. Um they're quiet. They're they're not causing any problems. Um we street park. uh some of the parking complaint that had been uh brought up. The people complaining have a driveway that is at least a threecar driveway and they have two vehicles. If they, you know, have a problem and there's a driveway, you know, there's there's plenty of room and people that park on the street, if we have guests, there's plenty of room to park down at the end of the street. So, there's not really an issue. So, yeah, I'm all for them. Any other comments or questions? If not, we'll have questions from the board or discussion from the commission. Is this that building the last building on that street before you

get to rail on the on the east side? It is. It's the big it's a 36 by was it 40 or uh garage that was built that was turned into a a a car auto repair shop. Um when we went there before he went to get to use varants um he didn't have a paint booth and now he has and that's all put in properly and has been um inspected by the building inspector and and the fire inspector. So the paint booth is all proper. His business is good as long as he doesn't go past the variance of five cars on the outside. So the the the the use variance done will automatically be or will continue to be and it will automatically go back into effect. That would be true. We don't have we don't have to do it again. You you do not. No, the use variant should be fine as long as we put it back into C residential. Any other questions? because in a way the C residential is adjacent to what used to be an industrial district. I think it's now still industrial and so it was kind of a nice little buffer between B and C if you want some justification from the one one of the reasons why I was okay with the use variance was because of the industrial use on the back side. Yeah. Because is is that the railroad or Washington Avenue there? The railroad runs along the south side of the property. That's what I thought. Is it is it time for a motion, Mark, or for a motion? This was any more questions. Yeah. Yeah. I'll I'll make the motion that we approve the um whatever this is. I'll make the motion affirmative that we move it from B residential back to C residential. The property in question 3357 North O'Neal. I second.

And it basically would be to favorably certify the city council. And we need all four members to vote one way or the other to pass anything tonight. So, roll call, please. Mark Mills, yes. Larry Moer, yes. Mike Nichols, yes. Isaac Chavez, I. So, this will be submitted to city council on what date? On the second Monday in August. No, I mean the second Monday in July. This is June. Second Monday in July, which would be the 14th. The 14th, I believe. So, if anyone wants to come that evening to city council, be welcome to. And that's right. So, we're not the approving authority. We're just giving favorable. That's a good point to make, Michael. This is not a reszoning. This is a recommendation to the council to reszone. This is not the final action. It's right. We have one more step to go. And the city council usually allow discussion from the audience if they Yes. If they if they sign up to uh provide public comment, then they can um make public comment. There's a sign out signup sheet outside of the door. So, if someone wants to comment at the city council meeting, just make sure you sign up and then you'll have an opportunity to speak when we bring that before the city council. You know, I guess we will have to sign this here too because I even forget to do this myself sometimes. And so, yes, the only other thing I have for you, Mr. president is the fact that July is is moving forward and um there'll be a a annexation coming to you friendly annexation coming to you in July for recommendation um to the council. Uh that's that's coming to you also and that has to do with a a business that's coming into the into the industrial park. Um the front section has already been approved by the BZA in a by special exception. Um and

right now they're working on um it may not come back to you as far as the requirement of of zoning or any of of that nature because they believe that there's a that when it goes to the council directly to the council that the council has the ability. So, they're checking all that out to reszone it as they pronounce the annexation to the council. So, um but that right now we're it it's planning to come your way in in July. Um don't we have something else in July? Is that the only thing we have? Historic ordinance. What's that? Historic ordinance. That's right. That's coming your way, too. That that is the historic preservation overlay district is coming to you. Um, we'll get all that out to you so you everybody can read through it and uh and be able to um have questions ready to go for that meeting. And there's a good possibility I won't be at that meeting if they talked about the last meeting. Hopefully, this way I can find to drag myself in here. But is it is it the secretary that runs the meeting or the uh the vice vice chair? I don't think I'm the vice. I think I'm the secretary. That'll be the gentleman that's off to the right hand side. You're up, Mr. I think it's Larry. I'll try to remember. Oh, was that Larry? Yeah, I think I thought maybe it was our Yeah, I'm noticed that last time. And you don't have to be in a shirt and tie either. You can come just like that. But but but they they start using makeup next month because we're going to be on makeup. So come disappointed with me compared to him. and we'll be just fine if that should occur. That's all that I have. So, any other business from any of the members? If not, we'll entertain for a motion to adjourn. So moved. No second. Second.

Okay. By voice uh all in favor say I. I. I. Anyone opposed? So we will adjourn the meeting and I'm going to pass this down for signature. Thank you guys. I don't worry about that. Usually