Planning and Zoning - Regular Meeting

Thank you.

I pledge allegiance 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. And I will call this meeting to order of the Planning and Zoning Board. Andrea, can you give us a roll call, please?

Sure. Here. Travis Regensburg. Present. Oliver Lestrange.

Present.

And Diane Moore. Present. And then Mike Sweeney is absent. Yes. And Michael Quintana is absent.

We do have a quorum. Yes, we do have a quorum. One change to the agenda right now is a swearing-in of Diane Moore has already taken place. And since Mr. Quintana is not here, we cannot swear him in. this point so we can cross that out that's been taken care of okay with that change do I hear a motion to approve the agenda as it stands I'd like to make a motion to approve the agenda thank you do I hear a second all those in favor so moved Has everyone had a chance to look at the minutes from the last meeting? If so, can I either have a motion to approve or deny? I'll give you a second to look at it.

Thank you.

I had looked through them already. I make a motion to approve the last meeting's minutes. Very well.

Do I hear a second? All those in favor?

Aye.

Thank you. So moved. Okay. Do we have some public comment at this point, Mr. Ortiz? Nobody signed up for public comment. Nobody signed up for public comment. Very well. So we'll continue to move forward. Okay. The plan of zoning will now ask for a motion to open a hearing on an application submitted by Mr. Lawrence Pino for a two-lot split on the property at 1900 North Grand Avenue.

I'll make a motion. We'll open for discussion.

Very well. Do I hear a second?

Second.

All those in favor?

Aye.

Very well. Is Mr. Pino here? NO? I DON'T THINK MR. PINO IS HERE. OKAY. VERY WELL. AND THEN IS THERE ANYONE TO, GENTLEMEN, DO YOU HAVE ANY QUESTIONS? WOULD YOU LIKE TO MOVE FORWARD WITH THIS?

I MAKE A MOTION WE TABLE THIS UNTIL THE CHAPTER 10 IS PRESENT OR REAPPLIES.

VERY WELL. SECOND. SECOND. ALL THOSE IN FAVOR? AYE. AYE. LET'S HAVE IT. OKAY. MAY I HAVE A MOTION TO CLOSE Such the hearing on that application, that application is to be tabled at this point.

Make a motion to close all discussion on the penal.

Very well. Do we hear a second?

Second.

All those in favor?

Aye.

Aye. Very well. On the second item, I'll ask for a motion to open a hearing for Amy Martinez. for a special use permit on 116 South Grand Avenue. Do I hear a motion to open?

I have a motion to open for discussion on Amy Martinez.

Very well. Do I hear a second?

Second.

All those in favor, say aye. Aye. Okay. Ms. Martinez or Mrs. Martinez? Very well.

Okay.

Both of you come up. I do need to swear you in, okay, guys? So... I'm going to hand over some people. Over there, Amy. I'm sorry. That's okay. Can you please raise your right hand? Do you solemnly swear that the testimony that you're about to give in this matter should be the truth, the whole truth, and nothing but the truth? Yes, sir. Thank you. You could have a seat if you if you wish Or Carl can speak on her behalf as well. Yes Miss Martinez, would you like to give us a synopsis as to what you're trying to accomplish and so forth?

Yeah, basically, we bought a property out there on 116 South Grand. That was just zoned commercial. We want to get it zoned commercial residential. At this point, it's just commercial, as we said. We did get an elevation report from Jude Rigginsburg, and he should have submitted it. I don't know if you can see it. It should be in the city somewhere. I know he's submitting it. What we're planning on doing is bringing in a double-wide. She already purchased her double-wide. We already had some stuff going before. We didn't know it was zoned commercial. It wasn't residential. The properties around us, there is residential properties around us. In fact, the adjacent property that's actually the same property that was split many years ago does have a residential house on it. So we're just requesting that we go to residential commercial.

You got it. And I was handed a note from The city officials that the property is considered a floodplain and the property needs to be the flood zone and that The home would be elevated, is that correct?

Yes, that's what Jude Rigginsberger had done as elevation testing. He went down by the plaza to the bank over there for the marker. So he let us know we have to be at least 32 inches or higher. So we already started that pad. We haven't done nothing else. Oakwood will bring in the trailer if we get this approved, and then they'll raise it the rest of the way.

ANY OTHER QUESTIONS? IT'S THE APPLICATION FOR RESIDENTIAL COMMERCIAL, CORRECT? CORRECT. ON THE RESIDENCE COMMERCIAL, THAT ALLOWS THEM TO DO COMMERCIAL?

SO IF I MAY, MR. REGENSBURG, THEY ARE JUST ZONED COMMERCIAL, BUT UNDER A SPECIAL USE, THEY ARE ALLOWED TO HAVE A SINGLE FAMILY DWELLING ON THE PROPERTY THROUGH A SPECIAL USE CURRENT.

SO THEY'LL STILL BE ABLE TO HAVE A COMMERCIAL, SOMETHING COMMERCIAL THERE LATER?

AS LONG AS IT STAYS ZONED.

COMMERCIAL. THERE'S A COUPLE. THEN ANOTHER CONCERN I SEE OVER HERE, I DON'T KNOW IF THIS IS A CONCERN, BUT UNDER THE WARRANTY, I DO SEE ONE OF OUR MEMBERS HERE, THE SOLE FESTIVE OF PHILIP, TRANSFER OF PROPERTY, RIGHT? YES. OR IS A MEMBER OF THE BOARD, WHAT WOULD THAT BE?

I WAS GOING TO ABSTAIN. YOU WERE GOING TO ABSTAIN? YEAH. AND I'M VERY FAMILIAR WITH THE PROPERTY, BUT I WAS GOING TO ABSTAIN. WE SOLD THE PROPERTY, I GUESS, A YEAR OR TWO BEFORE THAT.

YEAH. AND ALSO, JUDE, MY BROTHER, I HAVEN'T SEEN THE that whatsoever, but I just want to be clear.

Okay, and I just want to let you guys know there is a flooding culvert that goes through there. We did get it tested by the state and the city. The city recommended, Arnold, that the state would go drop a line, and we already located that, so we did move the area where the trailer is going to be away from where that culvert is, so we got that taken care of as well. We do have a business that operates there as far as storage, which is the Platinum Junk and Waste Removal business, and that's all the front end of that property. THE WHOLE BACK END IS WHAT WE'RE LOOKING AT MAKING AS RESIDENTIAL FOR THE TRADER.

ANOTHER QUESTION IS, BECAUSE IT IS ON THE FLOOD ZONE, EVEN THOUGH THERE IS AN ELEVATION MAP, STUFF LIKE THAT, YOU'RE STILL PROBABLY GOING TO NEED TO GET FLOOD INSURANCE.

THE PIPWORK IS THE NURSE HOUSE FLOOD INSURANCE INSURANCE. WE HAVE BUSINESS INSURANCE.

SO YOU'VE ALREADY APPROVED IT? YES. THANK YOU. ALL RIGHT. ANSWER MY QUESTIONS. OKAY.

I THINK EVERYTHING LOOKS LIKE IT'S IN ORDER.

MR. GAITLIN, DO YOU HAVE ANY QUESTIONS? I DON'T HAVE ANY QUESTIONS ON IT.

OKAY.

VERY WELL.

THANK YOU, MR. MARTINEZ. DO I HEAR A MOTION TO CLOSE DISCUSSION ON THE MATTER?

MAKE A MOTION TO CLOSE THE DISCUSSION ON THIS ISSUE. VERY WELL.

IT LOOKS LIKE MR. AND MRS. MARTINEZ HAVE DONE THEIR HOMEWORK. Can I get a motion for approval or denial, but hopefully approval for this matter?

I move we approve.

Very well. Do I hear a second? Second. Can we get a roll call vote on that, Andrea?

Mr. Travis Regensburg? Yes. Mr. Galen Cerna? Yes. Stan Moore? Yes. Mr. Oliver Lesprance? Yes. Motion carries, sir. Okay.

Okay. Item number three will be a public hearing submitted by Mr. Toby Sanchez for a variance on a setback at property at 313 Sapio Street. Mr. Sanchez, you want to come up? And let me swear you in before you have a seat here. Do you solemnly swear that the testimony you're about to give Do you solemnly swear that the testimony you're about to give in this matter shall be the truth, the whole truth, and nothing but the truth? Thank you. Sorry. Been a hot day, I guess. Okay, can I please have a motion to open the hearing on this matter?

I move we open the hearing.

Very well. Do I hear a second? Second. Very well. All those in favor? Very well. Mr. Sanchez, can you give us a synopsis as to what you're looking to accomplish and so forth?

I've got a house there on South L Street. Okay. It was kind of an L shape previously. Okay. A section of it burned a few years ago. Okay. And the previous owner knocked it down, the burned area. Okay. And so now I have a... two room building I'm looking to basically double it in size just to make it usable Are you just looking to?

Rebuild what was burnt or or kind of yeah, it won't be exactly like it was before but yeah adding that square footage back Okay, and that's where push back okay? and the reason for the variance what's happening is that I

It's on three sides. It's pretty much on the property line.

I've got about 12 inches on the south side, about 12 inches on the west side, and then I think I've got about two feet on the north side.

And the east side is where I'm building.

And historically, had that building always taken up that space? Yes. Okay. So you're just looking to reestablish the historic guidelines there and so forth, the historic boundaries, I guess I would say. Ms. Moore, Mr. Rigginsburg, Galen, any questions for Mr. Sanchez?

I don't have any questions.

No. I looked at everything as well and didn't have any questions. Okay.

I don't have any questions here.

No?

Okay.

Thank you. If there are no further questions or discussions on the matter, concerns, can I please have a motion to close the hearing on this matter?

I move we close the hearing on this matter.

Very well. Do I hear a second? All those in favor? Was there anybody else that was going to speak? No? Okay. Okay. Then can I please have a motion to either approve or deny?

I'd like to make a motion to approve the application by Toby Sanchez.

Very well. Seconded. Can I please have a roll call vote, Ms. Perthes?

Yes. Ms. Danmore? Yes. Mr. Gatton-Cernan? Yes. Travis Regensburg? Yes. Ms. Oliver, that's a motion.

Yes.

Motion carries then.

Thank you very much. Next item on the agenda, number four, is conduct public hearing submitted by Mr. Arthur Gonzalez for variance on the premises of 149 Independence Avenue. Mr. Gonzalez, are you here? Yes, come on up, sir, please. That's fine, sir. You take your time. We appreciate you being here. Thank you. Yeah. Mr. Gonzalez, if you don't mind saying one more time, please. Do you solemnly swear the testimony you are about to give in this matter shall be the truth, the whole truth, and nothing but the truth? Thank you. Can I please have a motion to open a hearing concerning Mr. Gonzalez's application?

I'm going to open a hearing.

Do I have a second? Second. Okay. All those in favor?

Aye. Very well.

Hearing is now open. Mr. Gonzalez, I know this item has appeared before us before, but because of some technicalities, we weren't able to really address it. Can you please refresh our memory as to what you're trying to accomplish?

I'm just trying to get a variance on a shed that I had put up. Okay. And the problem that we ran into is the last time we had the wrong signatures and that, so we recorrected everything and

And is business being conducted out of the shed at this point in time?

Right now we're just, I'm going to be using it for a storage shed and I'm restoring an old car. Okay. And that's where I plan to do it since it's not out in the backyard, you know.

So you're going to be restoring a vehicle out of the shed?

Yeah.

Your personal vehicle? Okay. So you'll be maybe spraying paint and so forth in there, sanding?

Right now I don't know. I'm just starting on it.

Okay.

But basically, it's going to end up being a storage shed for it. What kind of car are you restoring? If you don't mind me asking, I'm just curious. No, I don't mind. It's a 1963 Ford XL500.

Okay, yeah. Convertible or hardtop? Convertible or hardtop? No, hardtop. Hardtop, okay. It's one of the few. Those are big cars. Those are big cars, 100%. Mr. Regensburg, Ms. Moore, Galen, do you have some questions, concerns?

I guess my question is, I don't know exactly what signature he needed that you all required.

Is that met? The application was actually submitted by his tenant, Mr. Cordova. But since he did not own the property, the application basically had no legal status. So that's why Mr. Gonzalez is back. Yes.

SO AT THIS POINT, HE'S CORRECTED ALL THE REQUIRED REQUIREMENTS WE ASKED FOR IN THE LAST MEETING, RIGHT? AS FAR AS THE SIGNATURES? FOR THE APPLICATION STATUS AND STUFF LIKE THAT. YES. IS THERE ANY OTHER ISSUES CONCERNING THE BUILDING WITH THE CITY AT THIS POINT?

AS I HAD SUBMITTED, AS YOU CAN SEE IN THE RECORD PROPER THAT I DO PROVIDE, I DID LET YOU KNOW ABOUT THE SETBACK ISSUES IN THAT AREA, WHICH ARE A MAIN CONCERN. AND THAT'S WHY HE'S ASKING FOR VARIOUS, RIGHT? CORRECT. BECAUSE THERE WAS NO BUILDING PERMITS OR ZONING CLEARANCE ISSUED PRIOR TO THE STRUCTURE GOING UP FOR INFORMATION PURPOSES. IT'S ABOUT 17 INCHES AWAY FROM THE OTHER GARAGE THAT'S LOCATED RIGHT BEHIND IT AND ABOUT FIVE FEET FROM THE HOUSE, THE ACTUAL HOUSE ITSELF.

AS FAR AS ANY FIRE HAZARDS, HAVE WE LOOKED INTO ANY OF THOSE THINGS THAT WOULD BE A DANGER TO THE FAMILY?

ACCORDING TO THE APPLICANT, THERE IS ELECTRICITY LOCATED WITHIN THE GARAGE, SO THAT COULD POTENTIALLY BE A CONCERN.

A lot of it is just concerned about your future. There's never a problem until there's a problem. If there's a fire or something in the garage or something and you're harmed, that could be problematic. You've met everything else that we asked for. Those are my concerns.

Is the fire...

Does the fire department have a representative here today? No, I had emailed Mr. Andrew Duran, but he couldn't make it.

Okay, very well. Mr. Chair, we do have code enforcement here, though, if you have to ask any questions about code issues. There was a cease and desist placed upon the building. So there's going to be concerns there. And even if it is just a personal place, it still wasn't permitted to be put in the place that it's at.

I guess that was my question. Is the building up? I know it's a metal storage, right?

It's a metal carport, and they enclosed it. So it's an enclosed structure now. There's been more than one older vehicle repaired there. I know that Mr. Cordova said it's not a business, and we're not going to call him out on that. We will leave him. But the fact is there is some body work that does go on over there, which means there's paint, which means there's thinners, which means there's different situations there. And I understand that Mr. Gonzalez is okay with the situation, but we are in a neighborhood that has lots of trees where their houses are in close proximity of each other. And this garage is within 17 feet or 17 inches of the house itself. There still exists a cease and desist on the building, if I'm correct. Am I correct, Carlos and Matthew? So there's still a cease and desist on the building. So there's a lot of issues with the building right now as it sits.

This is one of the few items on the agenda that Our word will not be final, but it will be a strong recommendation to City Council and whatever happens here still has to, Mr. Gonzalez still has to go to city council on it.

Yeah. I have another concern or question. As far as the 17 inches between the garage and the house, have you done any type of fire, two-hour fire barrier between the house and garage?

We have a two-building, and the house right next to it is made out of cinder block. There's one, two windows there. And that's about the only structure that's that close to it because the back of it is the other garage, and that's on the center block.

And when you speak of the house, that's not your personal residence? That's a neighbor?

Yeah.

That's a neighbor. Okay. That's a neighbor. Are they here today? Yes, they are. Okay. Mr. Cordova is your neighbor? Yes. Oh, okay. Okay. Very well. And I don't have you sworn in, Mr. Cordova, so forgive me, I cannot. No, Mr. Cordova has not. So forgive me at this point.

That was the question I had. I was wondering what Mr. Cordova had to say.

Can we bring Mr. Cordova up? Mr. Cordova, if you would like to speak, because I think it's important, would you like to come up so I can swear you in? Do you solemnly swear that the testimony that you are about to give in this matter shall be the truth, the whole truth, and nothing but the truth? Yes, sir. Thank you very much. When you continually spoke about the building, I don't know if it was your neighbor, if it was your residence. Now we know this is where Mr. Cordova resides.

It's between his house, sir, and my house.

Okay, very well.

And it's six feet away from my house. Okay, very well.

You're the owner. You own your house, right?

No, I'm the tenant, sir. So you own the house?

Both of them.

Yeah, that was a problem. We had the wrong signatures on the application. So he's the tenant. And that was all taken care of.

The front of the garage, guys, is 35 feet behind the curb. You know what I'm saying? So it's far back. It's not like it's. His garage, it's approximately 17 inches from the garage. Yes. And it does have electricity that was done by Ernest Jaramillo, which is a licensed electrician. Okay. NO PERMIT. NO, SIR. WE DIDN'T GET THE PERMIT, SIR, AND IT'S MY FAULT. I ASKED HIM FOR PERMISSION TO PUT UP THE BUILDING. HE GAVE ME PERMISSION. I SIMPLY DIDN'T GET THE PERMIT TO DO IT. AND THAT'S WHAT THE PROBLEM IS.

I HAVE A QUESTION FOR LUCAS. LET'S SAY WE APPROVE THIS. And later on, there's a fire or some sort of safety hazard because of the approval. Let's say a fire, and there's no fire barrier between the house and the garage. If it was an attached garage, you'd have to have a two-hour firewall. And then there's no permit on the electrical. What liability does the city inherit or does not inherit at that point?

Without being legal here, I mean, it's hard for me to answer, but just with approval from the recommendation of approval, we're going to then go to council. We can say some ramifications. I'm assuming that if there is some kind of accident that happens. I got to state that Mr. Cordova is a very talented auto body repairman. So he does good work. We'd like to see, we'd like to work with him to try to figure out where he can put the building right now. But 17 inches from a home, whether it's cinder block or not, the roof is not cinder block. Six feet away from a home is another thing that we have to be concerned with because fire recommends 15 feet between structures. Our ordinance recommends 10 feet. So we're still in violation a lot of areas. I'd like to sit down with Mr. Córdova and see if we could get an area where he can conduct his hobby. But where it sits now, it's an illegal structure, and that's something that the board will have to face.

Yeah, because, you know, when we, let's have an example when we build a two-story house and we have a closet underneath the staircase. You know, at that point, we have to have a four-hour fire block because people tend to store paint under there. And that's part of the code. You know what I mean? So you have chemicals and stuff like that in there. IN THE PERIMETERS OF A HOUSE WHICH CAN BE EXPLOSIVE AT THAT POINT. THAT'S A CONCERN FOR ME. I'M NOT, LIKE, YOU KNOW, THAT'S JUST A CONCERN.

MAY I SUGGEST SOMETHING? Keep all the materials out of the shop and in the backyard, which is away from the house, away from everything. It's in my backyard. I could have a mail cabinet, a storage cabinet that's away from everything.

WELL, THAT'S GOOD AND FINE WHILE WE'RE HERE. I MEAN, LATER ON IT COULD BE DIFFERENT. BUT I WOULD LIKE TO PERSONALLY SEE THE REQUIRED FIRE BARRIERS BETWEEN THE GARAGE AND THE HOUSE. WHAT WOULD IT REQUIRE, SIR? THAT'S SOMETHING YOU'D HAVE TO DEAL WITH, YOU KNOW, BUILDING CONTRACTOR, ARCHITECT, THE STATE. CODE ENFORCEMENT. CODE ENFORCEMENT. Without being sight unseen myself, I would seriously recommend that you do have a fire barrier between the house and the perimeter of the garage, whether it be a two-hour required fire barrier or not. I mean... A LOT, YOU KNOW, IT COULD BE AS SIMPLE AS DOING 5-HE ROCK ON, YOU KNOW, ON THE WALL AND ON CEILING, ON THE CEILING. I DON'T HAVE A PROBLEM WITH IT. I HAVE TO DO THAT. I DON'T HAVE A PROBLEM WITH DOING THAT. YEAH. AND THEN THE OTHER THING THAT I SEE AS A BUILDER IS THAT I SEE THAT IT'S A METAL, ONE OF THOSE METAL SHEDS, YOU KNOW, ARE YOU COMPROMISING THE SNOW LOAD WHEN YOU DO PUT 5 HE ROCKS ON THE CEILING, FOR EXAMPLE? WOULD YOU BE COMPROMISING THE SNOW LOAD ON THAT STRUCTURE, ON THAT ENGINEERED STRUCTURE? AND THAT'S WHY IT'S IMPORTANT TO GET A PERMIT, YOU KNOW WHAT I MEAN? SO THAT YOU'RE NOT STUCK IN THIS TYPE OF SITUATION. AND THERE'S NOTHING AGAINST YOU OR YOU OR ANYBODY ELSE. IT'S ALWAYS SAFETY. I MEAN, YOU KNOW, WHEN WE APPROVE, WE PUT THE CITY, WE ACTUALLY BRING THE CITY INTO LIABILITIES AS WELL. I MEAN, THAT'S MY CONCERN AS A BOARD MEMBER. I MEAN, BUT, I MEAN, THAT'S WHERE I'M CONCERNED.

THANK YOU, MR. CHAIRMAN. I would just, there was two different stories. And being a new board member, Mr. Cordova, I don't know you. I know Mr. Gonzalez for too many, many, many years. But my concern is the safety of Mr. Gonzalez's house and stuff. And when he spoke, he said, HE WAS GOING TO USE IT AS A STORAGE PLACE. AND THEN I GOT ANOTHER STORY THAT STORAGE THAT YOU KIND OF CONDUCT A HOBBY OR A BUSINESS OUT OF THERE. AND THAT'S THE CONCERN I HAVE FOR THE WELFARE OF MR. GONZALES AND YOU AS WELL.

THIS IS THE THING, MA'AM, IS I READ FROM HIM, AND I ASKED HIM FOR PERMISSION TO PUT THE BUILDING THERE, PLAIN AND SIMPLE. I STARTED WORKING OUT OF IT, YOU KNOW, AS A HOBBY, AND THAT IS WHAT I DO. I'M NOT GOING TO HIDE FROM NOBODY.

DO YOU EVEN HAVE RENT YEAR'S INSURANCE? MR. CORDOVA WOULD HAVE THAT. SO AGAIN, THAT WOULD BE ANOTHER RED FLAG FOR THE WELL-BEING OF MR. GONZALES'S HOME AND YOUR SAFETY AS WELL. I KNOW THAT LUCAS SAID THAT HE WOULD LIKE TO WORK WITH YOU, AND I'M HOPING THAT MAYBE YOU GUYS COULD COME TO SOME KIND OF AGREEMENT WHERE YOU CAN CONTINUE TO WORK, BUT

maybe you know like Travis has indicated with some barriers or maybe moving it or whatever but my main concern is the safety right now my only question is I mean if you look at you know the lot in that and there's plenty of room there why the 17 inches I mean um

Because when I set it up, sir, I was trying to get it as far away from the front of the property. So we pretty much butted it up as far as we could to the back. You know what I'm saying? Very simple. Does that have a concrete slab now or?

AND THEN HAVE TO MOVE THE BUILDING. YEAH, LET ME ASK YOU A QUESTION. SO THESE THINGS ARE BUILT LIKE ON A RAIL ON THE BOTTOM, RIGHT? YES, SIR. HOW HARD WOULD IT BE TO SLIDE IT BACK TO AT LEAST HAVE SOME SPACE BETWEEN THE HOUSE AND THE BUILDING? I MEAN, I'M NOT APPROVED YET.

I'D HAVE TO HAVE EARNEST, YOU KNOW, BECAUSE I HAVE A POWER BOX INSIDE THE BUILDING THAT'S CONNECTED TO HIS BUILDING.

So I'd have to have him come and disconnect everything and then move the buildings. That'd just be a line extension at that point and a permit.

Because he ran the electricity all along the top of the building and then it just comes into mine, you know what I'm saying?

And is it in conduit? Yes, conduit, sir. Those are questions I shouldn't have to ask, you know what I mean? Yes, sir. I mean, those are... You didn't play with fire. I'm sorry. I have serious concerns about that.

I would like to actually hear from code enforcement next before we take a vote. But do we have any other questions for Mr. Gonzalez? His name is on the application, but I know Mr. Cordo is answering. or Mr. Cordova, either way.

As far as Lucas, what solution can we find or can we find a way to help these people?

Like I said, I know Mr. Cordova does, he's doing honest work. He's not doing anything that constitutes any illegal stuff, but the one big problem that he had, like he admitted, was not getting the permit. The best thing he could have done was to come and sit down with Mr. Ortiz And they could have sat there and talked about it. I mean, I'm hearing that they're 35 feet back from the back of the curb. I mean, there's setback requirements and we could have gotten an extra 10 feet from that 35, you know what I mean? And I know he's trying to protect the, integrity of the front area of the property, but those are things that Mr. Cordova, that's why it's so important to come in for permits and that stuff, and again, I think you do good work, but we do got to, the first thing we have to do is to protect the city, the best interest of the city, so it's our due diligence to uphold these permits, and that's why we're in front of our board.

Because would this look like something that would be maybe a rebuild? I mean, if it's not even on a slab, Is it just soil underneath?

Yes, it's actually gravel in there.

Gravel, so, I mean, thinner could spill and soak into the dirt and have situations like that is the concern, you know.

If we're allowed to move it forward, and I don't have a problem doing the slab service. I've made it simple. I simply, once we got the...

Well, it looks to me like it needs to be totally re-evaluated, getting with Mr. Marquez and Mr. Ortiz, probably getting a rebuild and doing it just properly so you guys don't have any hassles. Getting with court enforcement, you know, possibility of doing your slab, right wall, right setbacks. THEN THERE'S NOT THE ISSUE OF HOBBY WORK.

IT ALL DEPENDS WHAT YOUR INTENTIONS ARE GOING TO BE. IF YOU'RE GOING TO USE IT AS A STORAGE IN THAT VERSUS LIKE A BUSINESS IN THAT BECAUSE THEN YOU'RE GOING TO HAVE TO PUT IN A DRAIN SYSTEM. IF YOU'RE GOING TO BE SENDING CARS AND STUFF LIKE THAT IN THERE. you know, a safety cabinet for your flammables and stuff like that. I mean, it's just, I mean, we want everybody to be safe, you know, like Mr. Regensburg is trying to say, you know, and Ms. Moore. I mean, it's on our conscience, you know, to make sure you guys are okay and stuff like that. You know, it's something, you know, finitious to our eyes. Are there no further questions?

Oh, one more question. I'd just like to make a statement. Mr. Cordova, I appreciate your honesty, and I know you're recognizing that I was a mistake. And when, you know, if you do come back as a rebuild, make sure that Mr. Gonzalez is fully involved and approved of what you're doing because it's going to impact your, not just a tenant, but you don't own the property. So when, you know, if something, I want him to make sure that he's INCLUDED IN THIS DISCUSSION BECAUSE HE'S THE ONE THAT'S GOING TO BE LIBEL. YES, MA'AM. HE'S ALWAYS BEEN INCLUDED. AGAIN, THANK YOU FOR YOUR HONESTY.

YES, MA'AM. ONE MORE QUESTION. HOW MUCH TIME DO YOU THINK YOU WOULD NEED TO JUST MOVE THAT BUILDING? IN CONJUNCTION WITH THE COOPERATION OF THE CITY OR WORKING AS A SOLUTION? I'D SAY WITHIN A WEEK. WITHIN A WEEK? I WONDER, WOULD IT BE POSSIBLE FOR US TO, INSTEAD OF BEING NYE AND REJECTING TABLEING THIS MATTER FOR 30 DAYS BASED ON COMPLIANCE, WOULD THAT BE SOMETHING THAT IS FEASIBLE?

Mr. Chair, Mr. Regensburg, you know, we do, like I said, we want to work with them. We're not saying that the front is the best place for the building. I mean, again, that's just ideas and thoughts that we're kicking around. At the end of the day, he'd have to sit down with Charles and they'd have to go over the property, maybe some measurements, go out there and look at some things and see where it would probably best fit. Whether it's a hobby or a business, at the end of the day, it's concerning chemicals and fire department would definitely have to be involved. because they are going to want to make sure that we're not affecting anything within the environment and also potential explosions, things of that nature. So there's a few things that we'll have to work out with Mr. Cordova, but if he wants to become a full-fledged hobbyist or a full-fledged body man during business, these are the steps that... people take to make sure that we get to that point.

Yeah, because I'd be more inclined to issue a variance on the front rather than 17 inches from the house, you know what I mean? Where there's people living there in the middle of the night with flammables and I don't know. Heaven knows what the electrician did for that matter, you know what I mean?

Like I said, we're open to working with them. I'm not sure 30 days is the answer because this is a little bit bigger than 30 days.

You know, the only thing is that a denial, you know, is different than tabling. I mean, whether tabling for 60 days, 30 days, 90 days.

Well, the other thing, Mr. Regensburg, with an approval or denial of our board, it still will go to city council.

No, if it's denied, it'll end right here.

Oh, this will end right here?

Approval goes to counsel for ratification. Denial will kill it right here. But it's not the end of the world for Mr. Cordova if you guys do decide to deny it. If you guys deny it, then he approaches Charles and says, how can I get myself to come into conformance with the ordinance? And that's where Charles will have to sit down and they dig into it and they find a way to make sure that he's going to be able to operate. Because that's what he wants. His ultimate thing is to operate.

All right.

Yes. So, Mr. Marcus, if it becomes a hobby, what's the hobby versus a business? Is it zoned like? commercial or what?

You can have a business on the property. He can have a business on the property and even if it was solely just residential, he's still allowed to have a home occupation. But the home occupation comes with a lot more stringent rules. No signs, no visible structures like that. He can't have fenders thrown outside. He can't have tires outside. Everything has to be hidden at the end of the day. and he has specific hours in the residential neighborhood. He is kind of half and half. So he has commercial in the front and then residential in the back. So those are things that, again, he'll have to sit down and he'll have to talk with Charles and see how they come to a conclusion that's going to bring him into conformance with the ordinance, with city ordinance.

All right. Mr. Gonzalez, Mr. Cora, thank you very much for your time. Thank you.

Any questions?

That's what I'm going to ask. Someone from Plain and Zoning, would you like to make any statements? Code enforcement? I'm sorry. Code enforcement. We are Plain and Zoning. Code enforcement. Come on up so I can swear you in. And so everybody can hear you, okay? Oh, yes, yes, you stood. I'm sorry.

Could you state your name, though?

Yes, I'm Officer Matthew Roscon with the City of Las Vegas Code Enforcement. So there was a cease and desist placed on the garage on that property. And Mr. Cordova, he did show us that it was running electricity. And from what I looked like, it looked like a good job, like a good professional job. There was no wires hanging out and stuff like that. So it looked good to me. It's kind of, in my opinion, it was like, How did that even happen without getting permits and approvals? With such a good electrical job that it was. But they do bring up good points about the fire hazard. It'd be nice to have somebody from fire here to shed some light on that. And then, yeah, I mean, the garages, it's almost like there's a garage and then they put that shed in front of it. So it kind of... It kind of makes me think, why couldn't they just use that garage in the first place?

Oh, there's a garage right behind it then.

Yeah. Is that correct, Mr. Cordova? Yeah. It's basically like a two-car garage, right, Carlos? I believe so, yeah. And there's a shed right – the shed is right in front of that. I think the property owner said that it's concrete. They covered it with concrete. Okay. Going back to planning and zoning with the setbacks and all that stuff, I know they're more enlightened on where it should go if it can be moved at all. You want it to meet the setbacks and all that. That's what I observed. Mr. Cordova and the property owner were compliant the whole time. They let us go in there. We did issue that cease and desist, so we'll just go from there, but It is a concern about the fire because I hadn't thought about it. No matter how good of a job it is, you always, you know, you guys brought up a good point. If something, even if it looks good, it might cause an issue and we don't want the whole thing to, you know, get on fire if something happens with the chemicals and all that stuff.

Chemicals are always an issue.

But that's all I have to say.

Okay. Thank you very much. Oh, wait. Any questions? Forgive me.

I have a question, but maybe it's not... directly to you, but was the electricity done by a licensed electrician?

As far as I know, it was. That's the information that they told me. I mean, it could have just been somebody that looked like they did a really good job. But there was a box there. There is power running out of that shed.

And I guess I have a question to the city again. Like, can any licensed electrician come in and do any electrical work? Like, Do they have to have like some kind of...

If anybody that's conducting business within the city limits of the city of Las Vegas must have a city business license. I don't know if Mr. Jaramillo has an actual up and running business, but I do know that he is, if it was Mr. Jaramillo that did it, he is a licensed and certified electrician. He worked with the city for many years. So he had all his paperwork put together and he was really good at his job. So I know that for sure. So if it was Mr. Jaramillo, then he is licensed as far as we know. Again, if he has a city business, he should have a city business license. We don't know what the business name is called, so I wouldn't know for sure.

So, in other words, being that he had experience with the city, he knows what the process should have been with the city as well, right?

He should have. He should have, sir.

You're 100% right. You know, I guess it's...

And honestly, it causes hardships on Mr. Cordova, it really does, because he's feeling confident and he's moving forward on his dream. But, you know, there is some paperwork that was skipped, and we're going to help him get in before he needs to get to. We'll help him. Okay, thank you so much.

Appreciate it. It looks like it may be an issue where Mr. Cordova and Mr. Gonzalez... Might have to take a step back and do some more planning with the city and guidance, in my opinion. Can I please have a motion to close the hearing on this matter?

I move to close the hearing on this matter.

May I have a second? Second. All those in favor?

Aye.

Concerning this variance submitted by Mr. Gonzalez. DO I HAVE A MOTION TO EITHER APPROVE OR DENY?

I'M STILL VISITING THE IDEA OF TABLE IN IT UNTIL HE MEETS COMPLIANCE WITH THE ISSUE. I MEAN, THAT WOULD FORCE HIM TO EITHER IF HE WANTS THIS DONE AND COME BACK TO US WITH THE PROP, YOU KNOW, RATHER THAN SUBMITTING I mean, I personally think that if we tabled it for 60 days, gives them 60 days to meet with the city, get with them, do what they need to do.

Is 60 days at all realistic on coming to a solution?

At the end of the day, that's still going to involve fire. I would recommend that he would start over.

THE ANSWER. I AGREE.

WELL, WITH THAT SAID, I GUESS I'M HERE TO MAKE A MOTION TO DISAPPROVE BECAUSE I THINK THE DISCUSSION THAT WE HAD WAS VERY PROMISING AND POSITIVE THAT WE COULD WORK WITH MR. CORDOVA TO MAKE IT RIGHT. AND, YOU KNOW, I DON'T WANT TO GIVE IT A TIMELINE AND IT DOESN'T WORK AND WE'RE HERE, BUT AT THIS POINT they're going to have to reapply anyway because there's going to be some changes. Yeah.

A disapproval with the intention of Mr. Cordovan, Mr. Gonzalez, going back to the planning table and just doing it right this time. Yes. I agree.

So that's my motion probably to disapprove.

To disapprove. Do I hear a second?

I'LL SECOND IT. VERY WELL. CAN WE HAVE A ROLL CALL, MR. ORTIZ?

MS. STANMORE? YES. MR. GALENZANO?

YES.

MR. CHAVEZ-ORGENSBERG? I'LL ABSTAIN. MR. OLIVER LESPRANCE? YES. MOTION CARRIES.

JUST, DO YOU HAVE TO GIVE A REASON TO ABSTAIN? ONLY BECAUSE I JUST AM CURIOUS.

THERE HAS TO BE A REASON TO ABSTAIN. I just don't feel like voting on it right now. I mean, I would have preferred to table it.

A yes or a no would have to suffice then, Mr. Regensburg, and the vote.

I guess I'd have to vote no. Thank you for the clarification.

All right. Thank you very much. Can we go to, can I hear a motion to open the hearing for Mr. Phil Warfield submitting a two-lot split on property at 723 University and 618 8th Street?

I make the motion to open the hearing for Mr. Warfield. I second.

All those in favor?

Aye.

Can I just swear everybody, and I might have done that backwards, but do you solemnly swear that the testimony that you're about to give in this matter shall be the truth, the whole truth, and nothing but the truth? I do. Thank you. Mr. Waterfield, thank you for being here today. And again, as I always do, I ask that you present your case and give us a synopsis.

Well, I have two buildings there on University and 8th Street, and I want to sell the smaller buildings, so... Okay, but they're two standalone buildings where the required distance between the two okay, and they've been surveyed and split and are Requesting split and they're it Okay So they're all up to code and everything.

There's no no issue. You're just gonna sell one of them. Yes, okay to my tenant oh You to to the existing to yes, okay, even better even better Any questions yes?

I saw in the warranty, it's track six, I believe, lots 13 and 14. And then on your diagram, it's track one and two. Is that the same as the description that you have on your warranty, lot 13 and 14?

Yes, I believe so, and I believe it's just the surveyor stating it differently. Okay. I BELIEVE THAT'S PART OF HIS DESCRIPTION IN THE SPLIT.

SO I WOULD SAY THAT LOT 13 IS EITHER TRACK 1 OR 2, RIGHT?

RIGHT, CORRECT. THAT IS THE ONLY QUESTION. IT'S A GOOD QUESTION WHEN THEY DON'T TELL YOU THE SAME THING AS IN THE SURVEY. THEY TRY TO CONFUSE US. THEY MAKE ME LOSE MY HEIR. I would prefer the gray.

The transfer property would be going to a title company, right? Yes, sir. So the title company would pick up all those infringements.

Is that the one that was surveyed by Winston and so forth?

That was by Sal Vigil.

Okay. I'm sorry. I just... I looked at so many today that I was... One of them had a winch down.

He accepted my coupon.

Oh, okay.

There you go.

Okay, Len, do you have any questions for Mr. Warfield?

I don't think so. I thought it was pretty... Yeah, I think it's pretty cut and dry.

Any other concerns? Can I have a motion to close the hearing on this matter?

Make a motion to close the hearing on this matter.

All those in favor? Aye. Thank you. Thank you, Mr. Warfield. Appreciate it. And can I have a motion to either approve or deny the application as set forth?

I make a motion we approve as presented.

Very well. Do I hear a second? Second. Roll call vote, Mr. Ortiz.

Mr. Travis Regensburg. Yes. Mr. Galen Cernan.

Yes.

Ms. Diane Moore. Yes. Mr. Oliver Lesprance.

Yes.

The motion carries, Mr. Chair.

Very well. Is there any other business? And I have a motion to adjourn. All those in favor? Oh, second, please. All those in favor? Very well. So moved. Thank you very much, everyone, for being here.