Planning Commission - Regular Meeting

Good morning, everyone. It's just time we would like to call the Board of Zoning Appeals meeting to order. If you're here for the Planning Commission, it will meet immediately after the Board of Zoning. The first item of business will be the minutes of the August 4th meeting. Does everyone have a chance to look those over?

I make a motion that we dispense the reading of minutes and we accept them as written.

Okay, we have a motion and we have a second. Second. And a second. Okay, a call for the vote. All in favor say aye. Aye. Any opposed? Motion carries. Okay, we'll move into the next business and this is 2491 Sparta Street.

someone here to present this just state your name for the record and tell us a little bit about what you want to do please we are in a process to buy this property if we can have auto dealership AND WE ARE HERE TO SEE IF IT'S THE ZONING OR THE CITY APPROVE OR GIVE US THE ZONE LEADER TO HAVE THE AUTODIVERSHIP, WE ARE GOING TO BUY THIS LOT, IF NOT, WE DON'T BUY IT.

SURE. OKAY. DO WE HAVE ANY QUESTIONS?

So you currently have a contract on the property to purchase it?

Yes, but it is contingency to if you can get this.

It can be a car. Car, yes.

Okay.

I think this is a use permitted, right, Sean? This is a use permitted. Under certain conditions. Under certain conditions, yes. Are there anyone in the audience here on this matter? Anyone want to comment? Sean, do you want to comment on that for us?

Yes. Staff recommends approval with the following conditions. There is kind of limited parking. There's about 18 spots there. That five of the spots located near the building to include the ADA spots remain open for customers. And then any cars for sale can be used on the rest of them. The backside of it slopes pretty good. It would not be good for parking or for storage of vehicles. Outside of that, all requirements are met by the proposal. Staff would recommend approval. Okay.

So you understand what he's saying about the park? Yes, sir. City board members have any questions or comments? Do we have a motion? So is that 18 spots total, counting the five? Yes.

And then if the... If the motion is conditional upon five of those spots remaining open for customer parking, how is that going to be enforced if that's not?

We'll do random checks on that once it gets set up and just make sure.

Okay.

And that'd be for your business. You want some of your customers to park anyway, so that you want to do that thing. Any more questions or comments?

I make a motion to approve on the condition that five of the spots located near the front of the building remain open for customer parking.

Okay. We have a motion. Do we have a second? Second. Okay. We have a second. Any more comments? Call for the vote. All in favor say aye.

Aye.

Any opposed? Motion carries. Okay. Thank you all very much. Okay. Our next item is the... Northwood Lane property. Is someone here to present that? Yep, y'all can. Thank y'all. Good luck.

Just building now. We divided one lot into three lots. We're building six units, 12 units, and 14 units of townhomes. Everyone would have three parking spaces, landscape, and a pond. That's about it.

Okay, is anyone in the audience here? We're opening it up for hearing. Does anyone want to comment on this? Okay.

Sean, why don't you bring us up to date a little bit? He recently has subdivided the property into three parcels, and he's seeking requests for special exception for attached single-family units on each of those. As the numbers have stated, each of the lots meet the R3 requirements, setbacks. There's adequate room for parking. Stormwater has been drastically installed in the detention ponds. to address any stormwater issues in the area. And so staff would recommend approval. We'll go through each one of them because it's three separate partners, but for a lot of them, staff would recommend approval.

Okay, do we have any questions or comments on this? Let's pause just briefly and let Jim get seated here.

Where on Northwood is this?

Smithville?

No, it's Northwood Lane. It's also Smithville Highway behind the Farm Bureau Insurance. So the property actually goes from Northwood to Fairgrounds Road. Lot 1 and Lot 2 are accessed off of Northwood. Lot 3 would be accessed off of Fairgrounds Road.

or a maximum of eight units on lot one?

Yes. Yeah, we're doing six.

Okay. Any more comments? Do we have a motion?

I make a motion to approve the request for lot one for a maximum of eight units.

Did you say six or eight on this one?

I was thinking on six, but if I could do eight, I might do eight. No, we'll see. I think six is going to be the number.

I'll second that motion.

Okay. Any more discussion? There's been no call for the vote. All in favor say aye. Aye. Any opposed? Motion carries. Okay, we'll move right in now to... the next item and Sean you want to you want to tell us a little bit about that one so again this is just like to put this is actually the same all the requirements are met on it but to we have 12 12 units on that we have any more questions then again this just does meet all the requirements on this one make a motion that we prove it for communities okay have a motion do we have a second second second being okay all in favor say God all right he opposed motion carries okay now we'll move on to the next one on Fairgrounds Road oh just tell us a little bit about that one if you will same thing 14 units landscape Sean you wanna I'll reply I'll make a motion to approve yeah we have a motion on the programs road to approve do we have a second second and the second a discussion come from below in favor say aye aye any opposed motion carries okay Thank you. Thank you. Okay. Our next item is this is an appeal on the demo on 201 Anderson Street. Is someone here So what's your name for the record?

Betty Perry. I own the property at 201 Anderson Street. It's a home my grandfather built. Don't live there. Had it for several years. Years ago, I had a person there that cooked meth inside the home. That's back when you had to have them cleaned. So I paid $8,000 to have it cleaned. And I don't know if y'all know the process. I didn't. They strip the whole entire thing. They take everything out. Every counter. Cabinet, mold, sink, everything. Strip it and paint it white. So that was done. Well, it was cleared. And I didn't do anything with it at this time because I still felt uncomfortable. I didn't want to rent to somebody who might bring children in there at the time because I still wanted to sit a little while. Well, then some issues came about and I just haven't done anything with it. It is set there. And out of the blue, I get a notification of demolishing it. They're going to demolish it. I get nothing else. Just going to demolish it. So I put in for an appeal on that. And the gentleman called me up and asked to meet me out there. And after we had put in the appeal, didn't really understand. I thought, well, he's going to show me what he sees as a problem. Because, you know, from the road, there's nothing wrong. You can't see anything wrong from the road. So I met him out there. It was a fishing expedition. Because when I asked him, what do we need to do? What are you looking at? They wouldn't answer me. So they said, we need the keys to the house. And I said, I don't have keys to the house with me. I said, I thought we were here to discuss what we need to do. And so the one guy walked around and pushed the back door. He said, it's open. And they went inside, which according to my lawyer, they shouldn't have done. When we told them we didn't have keys, that should have been the end of it. They still would not tell me what they seen that needed to be done. And so at this point, I mean, I see some of the things when we went in, like I see where the ceiling was an issue. And we do plan on doing something with this property. We're just trying to decide what it is at this point. If we want to remodel it, sell it as a house, or if we want to put apartments, or what we want to do with it. So that's where we're at. And as for time right now, if I could get another extension until we can figure out what we want to do, because this was just like broke at us.

How long has this been going on?

Three weeks.

It's been going on for some time.

When did you send me the first letter?

From the staff report, the property has not had water for 13 years. It has not had electricity for 14 years, which makes the house unfit.

But when did you send me the first letter?

And then on that, we've had several... ISSUES WITH GRASS WHICH HAVE NOT BEEN MAINTAINED. THE CITY CURRENTLY HAS FOUR LEANS ON THE PROPERTY. FOUR MOWING PROPERTIES HAVE NOT BEEN MAINTAINED. WE HAVE GONE BY IT. IF YOU LOOK AT THE FRONT OF THE HOUSE FROM THE ROAD, YOU CAN SEE THAT THE FRONT COURT, THE CONCRETE UNDER THE TWO COLUMNS FOR THE OVERHANG HAS COMPLETELY SPALLED AND BUSTED OUT. YOU CAN SEE THAT THERE'S RIFT DAMAGE ON THE HOUSE. We called and asked for permission if they would meet us inside the house so we could see all the damage inside. They said they didn't have the key. When the door was knocked on, we asked if we could go inside, and they granted us permission. We didn't just go in. The roof has damage. It's been leaking. The upper floor, the lower floor, if you're seeing all the pictures, has substantial floor damage. Based upon all those factors, SAP is recommending that you guys uphold the department.

We have pictures here of... That's the pictures they got from going inside the property when they didn't have permission to be inside.

Ma'am, I went by this morning and looked at it, and that front, if that column, the house is going to fall.

All it needs is, and that's really tricky, that's the...

There's a big column in the back of the house.

Put more concrete, build up a form and put more concrete. They said that's not a problem at all. on the steps. And like I said, we're trying to decide if that's what we want to do or if we want to do apartments there. We kind of whiffled off one. Now, I'll be honest with you. This damage has happened within the past year. You can ask Joel Hale. Me and him went and walked through it. About a year and a half ago, and Joel said, hey, it's got good bones, everything looks good. He said it'll be a quick remodel on this, and we can do it as selling as a house. And that's what we were kind of leaning towards, and then my daughter's kind of wanting us to go in and do apartments. So, like I said, and we have not received anything from them, not one thing, until this letter. And I think three weeks to just go demolish a property is a little much without giving me a little time.

What amount of extension would... Would you like?

Well, can we get 30 days right now? Because the fair is coming up, and we own a concession trailer, so we're tied up with that right now, too. And so we at least need a little time to think about it, talk, and see.

And in 30 days, you'd have an idea of if the property is going to be demolished or if you're going to fix it? Yes.

How many days would it take to get it up to standards to not demolish it? That's going to depend on how quick the contractor can get in there and get it done. It's going to take some major work on this one. That's what it looks like.

Who bears the financial burden for that demolition?

The city would have public works department do it, and then we would send a bill. If not reimbursed for it, then we would put a lien on the property. AND IF YOU GUYS ARE LANDING TOWARDS THE 30 DAYS, I WOULD ASK THAT WE EITHER GET APPLICATION FOR A DEMO PERMIT OR WE GET A SET OF PLANS AND APPLICATION AND PERMIT PAID FOR THE RENOVATION, AND THAT RENOVATION WOULD HAVE TO START AFTER, AT LEAST VERY SHORTLY AFTER THAT PERMIT HAS BEEN PULLED.

Ms. Perry, regarding the liens on the property for mowing the grass.

I didn't even realize it, but I'll be honest, my son took his life, and me and my husband just didn't live. I mean, we just kind of quit with him for a little while, and so it got away from us. But we're trying to figure it out and get back.

Are you all making plans to get those liens resolved?

Well, I mean, they're mowing lanes. I mean, what, eight bucks a time? No. There's some hundreds and there's some thousands. Thousands to mow a yard?

Because of the multiple times it's been done a year.

Okay, so you're saying that you charge me $1,000 every time or $1,000 total for all the times?

That's for each time frame on that.

I mean, you know, that's not that much. especially against a piece of property. Joe Hale, when he came and looked at it, he said that if we wanted to remodel it, he could sell it tomorrow for $220,000. As it sits, if y'all demolish it. You told me that. Joe Hale. And you're welcome to call him and check with him. Oh, he's a good friend. I've known Joe for a long time, and he'd come over there and look at it. So, and I'd be glad for you to call and ask him. It's not something I would lie about.

But with all due respect, ma'am, he's a contractor. He's not an inspector with the state government, the local government, or anything like that. So really his opinion on the matter. Well, he's going to know. He knows what he's doing. It still doesn't matter, though.

Am I not disagreeing with that?

So if you were granted an extension for 30 days on this demo order, you would, in that 30 days, be able to come up with if you're going to demolish it?

Correct. I just think 30 days, like I said, we've really got a lot going on right now, and I need some time to talk to my daughter, decide what we're going to do at that point.

When was the property last occupied?

Which was when the, gosh, it's been a while. Probably when the stuff was cut off, because that's when the methamphetamine was cooked inside the home.

So 13 years-ish?

We had somebody else that was going to move in and remodel and just live there to remodel it a few years ago. And they went in, they started tearing up the floors and stuff to do it, and then they never finished. So that's a problem, too, because they started doing that and then quit and didn't go back.

How would that work, the 30 days? Do we come back again? Here in 30 days?

If that 30-day extension is not met, then it would be a demo order. So you guys can grab that 30-day extension, and if that is not taken care of, then the demolition order would stand.

Question also, though. who do I speak with about this? Do I come in and tell them what we decide, what we're going to be moving towards? Because I do want some proof of that.

If you get a permit, they will do inspections as the work progresses.

Okay, that's what I was making sure of.

You've got major work to do on this house.

It's actually not, I mean, it looks bad, but it's not as bad as it actually looks, to be honest with you. There's not a lot to replace the ceiling and the living room.

Is anyone in the audience here to address this prompting?

So if we approve the demolition order with a 30-day window, then Ms. Perry can apply for a permit within that 30 days, and that would be part of our motion.

Yes.

to require an application for a permit and then we would reconvene in 30 days to uphold the demolition order or the demolition order just goes through based on determination?

The demolition order would stand if those 30 days have surpassed and they have not.

And this highlighted list is the list of things.

Which is something I asked the other day and was not given. I specifically asked them, what are you looking at? What do we need? They were just there to try to get in the house. They would not tell me anything while they were there.

But you can look back at the history of this. This has been going on for a long time.

No, no, I'm saying it's not been said in any house. But I didn't know it was against the law.

when it becomes a public safety issue so you can't they're just doing their job now I mean that's their job to do and I get that the way they've done it and this is the board if they feel compassionate to give you 30 days that you're going to have to really get with it I mean that's a lot of work I've already spoke with the attorney about it and I mean I'm asking y'all can

Granted or not, I mean, I don't know what else to say.

What's your desire for?

I don't mind giving you 30 days, but I just don't know what you're going to get done, especially with the fire going on and everything else.

Well, the 30 days is to decide and then to file for the permits, what we decide.

no no no that's that's not what we're discussing if we give you 30 days listen if we grant this my understanding is you get your permit like today or tomorrow and then is to work get some work progressed or else you know It's not give you 30 days to think about it. You've had all this time to think about it.

Well, just think about which way I want to go is what I'm trying to say.

Well, if you don't do it in 30 days, that would be your time.

That's what I need time to think about. And I just don't have the time to get with the people I need to get with to get this done at the moment.

And with that... TO DO THE PERMIT IN THE NEXT DAY OR TWO WOULD BE DIFFICULT IN GETTING ALL THAT AND GETTING A CONTRACTOR. IT WAS MY UNDERSTANDING THAT 30 DAYS WOULD BE THAT BY THE CONCLUSION OF THAT 30 DAYS, A PERMIT NEEDS TO BE PULLED, EITHER DEMO OR RENOVATION PERMIT AT THE END OF THAT TIME PERIOD, AND THEN WORK PROGRESSES IMMEDIATELY AFTER THAT. OKAY.

COULD WE HAVE A MOTION TO THAT EFFECT? I was thinking that we would expect a little billion dollars to be made.

Do we have any way to, I guess, enforce or keep track of the progress being made on it after that permits poll?

Yes, because once permits poll, we'll be doing inspections as the work progresses, and we do random pop-up checks on permits as a usual protocol.

I mean, I could have come in and just lied and got a permit and said, I'm going to start working on it right now. I chose not to do that. I come in here and was honest with you and asked you for the 30 days so I could decide which way I was going to go.

as a builder my honest opinion if i'm the prophet i would demolish it you know that's just and that has nothing to do with that's just just what i would do but that's your decision well like i said i kind of will listen to jewel i've just known joe for a long time and whatever jewel tells me is what i listen to if he tells me we can put it back we'll put it back if he tells me we can't

we can be put back I mean is it worth the money that it takes well I know it of course this was before the race and there but we were looking around 30,000 that's what he said to go in of course I've done that the wiring's been changed over it's a It's not the old pieces anymore. It's the break boxes and all that. All that's been done. We had the new windows put in. If you look, it's got the expensive windows on it. You know, the double pane, whatever they are. We've had that done.

What's the desire of the board?

I think I'm of the opinion, I guess personally, to allow the extension. And there will need to be a demo permit pulled for the reno permit.

that amount of time I don't know about anybody else but I guess my opinion in 30 more days she's been sitting there all this time I don't see us 30 more days with her

But I thought you were going to be disappointed when $30,000 is fixed and it's not going to get closed.

And that's a possibility. Listen, it's paid for. I inherited it. It's not like I got anything in it or I'm buying it. It's the will.

Yeah, you just have to decide if you want to put that much money in it or not. And that's kind of what we're looking at and which way we want to go.

And the apartments up where you can get five or six times the rent or sell one house. I mean, that's kind of where you're at.

The land will be worth a lot more without the house, in my opinion.

There was a motion, but there was no second.

Was there a motion?

Explain your motion.

I make a motion to allow a 30-day extension here. And within that 30 days, there will need to be either a demo permit pulled or a renovation permit pulled and a direction moving, at least.

Is that okay, Sean? I'll second it. motion the second anymore discussion you won't come in on it Shawn do we then the the board doesn't have to take any further action after this no we can I can bring it back this is a so the motion is she'll either give the permit to fix it or tear it down

Right. And if it doesn't happen in 30 days, then this extension expires and it just goes forward. That's the demo order. Okay.

I just want to make sure that you understand this. Okay. I have a motion and a second. Any more discussion? Call for the vote. All in favor say aye. Aye. Any opposed? Motion. Good luck with your project. Okay. Do we have any staff updates? I don't have any of this staff. Okay. We need a motion to adjourn. So moved. Second. And a second. All in favor say aye. Aye. Thank y'all for being here. Okay, now we're getting ready for the playing commission.

THANK YOU. Thank you. Thank you.

I'm sorry.

Okay.

This time we're going to call the Planning Commission meeting to order. First item of business will be the minutes of the August 4th meeting. Does everyone have a chance to look at what's open?

I have a motion to dispense with the reading. Okay, we have a motion.

Do we have a second? Second. Okay, we have a second. All in favor say aye. Aye. Okay, motion carries. Thank you very much. Next we have a plat. Let's see, Michael, you want to come and present that for us? It's the Ross plat.