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[*A portion of this meeting is without audio. ]

[00:00:57]

IF EVERYBODY IS GOING TO GET A CHANCE TO TALK, UH, UH, BUT IF YOU DO TALK UP HERE, UH, WHAT YOU NEED TO DO IS TO STATE YOUR NAME AND THE CITY THAT YOU LIVE IN AND HOW YOU'RE AFFILIATED WITH THE CASE.

IT COULD BE YOU'RE A MEMBER OF THE CITY.

IT COULD BE YOU'RE A MEMBER OF THE PUBLIC, YOU'RE HERE, UH, UH, TO SUPPORT THE APPLICANT OR YOU'RE PART OF THE, UH, APPLICATION FOR THE ITEM ON THE AGENDA.

UH, THAT'S THE FIRST THING.

UH, HOW WE TEND TO USUALLY DO IS WE GO THROUGH THE, UH, PUBLIC, UH, EACH ITEM ONE AT A TIME, AND WE'LL HAVE SOMEBODY FOR THE CITY TALK FIRST, UH, AND REVIEW, UH, REVIEW THE APPLICATION.

THEN IT'S TIME FOR THE APPLICANT TO COME UP AND GIVE THEIR STATEMENT AND, UH, THEN THE PUBLIC, AND WE MAY IN, AS SOMEBODY'S UP TALKING, WE MAY ASK THEM QUESTIONS AT THAT TIME.

UH, ONCE WE CLOSE THE DISCUSSION FOR THE PUBLIC, THEN THE BOARD GOES THROUGH AND DISCUSSES THE ITEMS THAT, THAT ARE BEFORE THE ISSUES.

UM, AND THEN, UH, A MOTION IS DONE TO EITHER APPROVE OR DISAPPROVE OR MODIFY OR, OR THE AGENDA.

UH, IF IN FACT, SOMEBODY WANTS TO TALK AGAIN, I REALLY URGE EVERYBODY TO GET OUT WHATEVER THEY NEED TO DURING THE PUBLIC DISCUSSION, BECAUSE THEN WE HAVE TO CLOSE OUR SEGMENT AND OPEN UP THE PUBLIC SEGMENT AND THEN GET BACK INTO OUR DISCUSSION AGAIN.

OKAY.

UM, I THINK THAT'S EVERYTHING IS, UH, IS THAT, UH, PRETTY MUCH HOW WE DO THINGS.

WITH THAT, I'D LIKE TO OPEN UP THE, THE MEETING TODAY.

TONIGHT, AND WE HAVE TWO ITEMS ON THE AGENDA.

THE

[1. Conduct a public hearing and consider approval of a variance request from Section 5.1.A of the Zoning Ordinance granting an accessory building to encroach the required side yard setback of property located at 326 Somerset Circle in Bedford, Texas, legally described as Lot 29 Block 13 Stonegate Addition generally located south of Somerset Circle and east of Sommerset Terrace. (VAR-24-1)]

FIRST ONE IS VARIANCE, 24 DASH ONE, AND, UH, WESS, UH, DO YOU OR SOMEBODY ELSE WANT TO TALK ABOUT THE, UH, THE, UH, ITEM ON THE AGENDA? THANK YOU, MR. CHAIRMAN.

BOARD MEMBERS, THIS IS A VARIANCE REQUEST FOR A SIDE YARD SETBACK.

UH, SPECIFICALLY A REQUEST FROM SECTION 5.1 A OF THE ZONING ORDINANCE, WHICH REGULATES, UH, SETBACKS FOR PROPERTIES IN THIS PARTICULAR, UH, CASE, THE PROPERTY IS OWNED, SINGLE FAMILY DETACHED AND REQUIRES A FIVE YARD SIDE FOOT SETBACK, AND THE APPLICANT'S REQUESTING TO ENCROACH THAT SETBACK.

A LITTLE BIT OF BACKGROUND ON THE PROPERTY.

PROPERTY WAS, UH, DEVELOPED IN THE LATE SIXTIES WITH A SINGLE FAMILY HOME AT SOME POINT IN TIME AFTER THAT, A DETACHED CARPORT WAS CONSTRUCTED ON THE PROPERTY THAT CURRENTLY DOES ENCROACH THAT SIDE YARD SETBACK BASED ON RECORDS.

I CAN'T TELL YOU IF THAT, UH, CARPORT RECEIVED A PERMIT FOR, UM, CONSTRUCTION OR IF IT WAS BUILT WITHOUT A PERMIT.

I CAN'T ANSWER THAT QUESTION DUE TO THE TIME THAT IT WAS, UH, CONSTRUCTED.

UM, HOWEVER, IT DOES ENCROACH THAT SETBACK.

THE APPLICANT HAS REQUESTED TO CONSTRUCT A STORAGE BILL OR DETACH GARAGE AND HOME OFFICE IN THE LOCATION OF THE CARPORT.

AND THAT IS WHAT TRIGGERED THE, UM, THE REQUEST HERE BEFORE YOU TONIGHT.

AGAIN, THE SITE PLAN SHOWS THE LOCATION OF THE HOME.

THE BOX THERE TO THE KIND OF BACK TOWARD THE SOUTHERN END OF THE PROPERTY IS WHERE THE EXISTING CARPORT IS TODAY, AND YOU CAN SEE WHERE THE ENCROACHMENT EXISTS.

GREEN LINE ON THE SCREEN OUTLINES THE PROPERTY LINES.

GIVE YOU A LITTLE BIT MORE CONTEXT IN CASE YOU DIDN'T VISIT THE SITE.

THIS

[00:05:01]

IS, UH, THE OVERALL PICTURE IS THE PROP PICTURE OF THE PROPERTY, UM, FROM THE STREET.

AND THEN WE'VE ZOOMED IN.

YOU CAN SEE THAT THERE IS A, UH, 40 FOOT WIDE DRAINAGE, UM, UH, CHANNEL RESERVE CHANNEL THAT IS ADJACENT TO THE PROPERTY.

UH, THERE'S THE CONCRETE FLUME THERE FOR THAT DRAINAGE CHANNEL.

AND THEN THE YELLOW BOX REPRESENTS WHERE THE EXISTING CARPORT IS AND WHERE THE PROPOSED BUILDING WILL GO.

THIS IS THE PROPOSED BUILDING THAT'S IN QUESTION, JUST TO GIVE YOU A REFERENCE, HAS NO BEARING ON THE APPLICATION.

JUST TO GIVE YOU A REFERENCE OF WHAT'S BEING PROPOSED.

THE ORDINANCE SAYS THAT IF ZONING BOARD ADJUSTMENT'S GOING TO GRANT A VARIANCE TO THE, UM, TO ANY TYPE OF DIMENSIONAL REQUIREMENT IN THE ZONING ORDINANCE THAT YOU'VE GOT CRITERIA TO LOOK AT.

I THINK MOST OF Y'ALL ARE FAMILIAR WITH THESE CRITERIA.

STAFF PROVIDED THE CRITERIA IN YOUR STAFF REPORT AS WELL, AND ALSO GAVE A LITTLE BIT OF JUSTIFICATION FOR WHY, UM, THE APPLICANT MAY MEET THOSE CRITERIA.

SO WITH THAT, I CAN ANSWER ANY QUESTIONS THAT YOU HAVE ABOUT THE CRITERIA.

THIS IS A PUBLIC HEARING.

WE DID SEND OUT NOTICE.

WE PLACED A SIGN ON THE PROPERTY.

UM, WE'VE HAD A FEW CALLS FROM THE NEIGHBORHOOD ASKING CLARIFICATION, UM, FROM OUR CONVERSATIONS THAT WE'VE HAD WITH STAFF OR WITH THE NEIGHBORHOOD WE'VE RECEIVED NO ONE THAT'S IN, UM, THAT IS AGAINST THE REQUESTED VARIANCE.

I CAN'T ANSWER ANY QUESTIONS.

ARE THERE ANY QUESTIONS FOR WES? I HAVE A COUPLE.

OKAY.

UH, FIRST THING I NOTICE IF YOU, IF YOU GO BACK TO THE PLAN, IT, IT APPEARED TO ME THAT, IS THAT A SWIMMING POOL ON THE SIDE OF THE HOUSE, WHICH IS ACTUALLY IN, INTO THE DRAINAGE AREA? OR AM I READING THAT WRONG? SO I DON'T HAVE, LET ME SEE, LET ME GIVE MY MOUSE JUST ONE SECOND.

SEE IF I CAN SHOW YOU.

I THINK THIS WILL HELP.

THEY DON'T, SO THE, THE BUILDING IN QUESTION IS, IS HERE, BACK THERE, THE 40 FOOT WIDE DRAINAGE, UH, RESERVE IS OUTSIDE THE PROPERTY.

UM, SO THAT IS, UH, COULD BE CONSIDERED A, THE SPECIAL CONDITION ON THE PROPERTY THAT NOT EVERY LOT HAS THAT DRAIN RESERVE.

I'M NOT FAMILIAR WITH THE SWIMMING POOL THAT YOU'RE REFERRING TO.

ISN'T, ISN'T IT RIGHT THERE ON THE PLAN ON THE SIDE, OR ISN'T THAT NOT A SWIMMING POOL THERE? NO, SIR.

NO, IT'S NOT.

THE APPLICANT IS HERE.

OH, OKAY.

YEAH.

SO IF YOU HAVE QUESTIONS, BUT I DON'T, WELL, MY, MY OTHER QUESTION WAS IS, AND I THINK IT REALLY GETS DOWN TO THE HEART OF IT, IS THAT THERE'S THIS, IS THAT ACTUALLY A DRIVEWAY THERE'S IN THE DRAINAGE, OR IS THAT PART OF THE DRAINAGE THAT GOES? THERE IS AN ACTUAL DRIVEWAY THERE, AND THE APPLICANT IS WORKING WITH CITY STAFF TO, UM, EXECUTE A, AN ENCROACHMENT AGREEMENT.

OKAY.

THAT'S NOT PART OF THIS TODAY, BUT THAT IS, UH, THERE IS A DRIVEWAY THAT'S THERE.

WELL, IT ACTUALLY GOT TO WHAT MY QUESTION WAS IS THAT WHETHER, UH, WE SHOULD ALLOW A VARIANCE BEFORE THAT ENCROACHMENT AGREEMENT IS IN PLACE OR CONDITIONAL UPON THAT.

I, I THINK IT WOULD BE FINE TO DO THE, I MEAN, THE ENCROACHMENT AGREEMENT TAKES TIME.

IT'S GONNA GO THROUGH LEGAL, SO WE'RE TRYING NOT TO HOLD UP.

BUT IF YOU WANNA ADD A CONDITION THAT I DON'T THINK THAT WOULD BE A PROBLEM, BECAUSE, 'CAUSE THAT TO ME, IT'S THE ENCROACHMENT OF THE DRIVEWAY.

IT'S THE WHOLE THING.

AND, UH, UNTIL THE ENCROACHMENT AGREEMENT IS DONE, I DON'T, I REALLY DON'T THINK ANYTHING SHOULD BE CONSTRUCTED THERE.

THAT'S JUST MY 2 CENTS WORTH.

THE, THE DRIVEWAY ISN'T WHAT'S THE, UH, ENCROACHING THE SETBACK.

SO THE DRIVEWAY'S ALLOWED THERE.

UM, SO DRIVEWAY IS A SEPARATE ISSUE.

SO THE DRIVEWAY IS, IS OKAY PER THE ORDINANCE ON HIS LOT, THE, THE YOU'RE, WHAT YOU'RE GETTING AT IS WHAT'S OFFSITE, AND THAT'S NOT PART OF WHAT WE'RE DISCUSSING TONIGHT.

AND, AND THAT DRIVEWAY, DOES THAT AFFECT THE DRAINAGE AREA? IN OTHER WORDS, DO WHEN IT RAINS HARD, DOES WATER COME DOWN THE DRIVEWAY INTO WHAT WOULD BE THAT? I, I'LL LET THE APPLICANT ANSWER THAT QUESTION.

OKAY.

I DON'T, I MEAN, UM, I CAN TELL YOU THE CITY ENGINEERS LOOKED AT THIS AND HAD NO CONCERNS WITH THE LOCATION OF THE DRIVEWAY.

UM, ANY OTHER, ANY QUESTIONS FOR WES WITH THAT? IS THERE SOMEBODY HERE TO SPEAK FOR THE APPLICANT? YES, SIR.

AND AGAIN, PLEASE JUST STATE YOUR NAME, UH, YOUR CITY OF RESIDENCE AND, UH, HOW YOU'RE, HOW YOU'RE ATTACHED TO THIS, UH, THIS, UH, ITEM.

YES, SIR.

MY NAME IS AARON LEE.

I LIVE IN BEDFORD.

UM, I'M THE HOMEOWNER OF THIS

[00:10:01]

PROPERTY IN QUESTION WIFE AND, UH, TWO KIDS LIVE THERE.

I HAVE A STATEMENT I'D LIKE TO READ, AND I'M HAPPY TO ADDRESS SOME OF THOSE QUESTIONS THAT YOU MENTIONED ABOUT THE SWIMMING POOL.

UM, JUST CLARIFY, THERE IS NO SWIMMING POOL.

THERE IS A DECK THERE.

OKAY.

THAT STRANGE PATTERN YOU SEE, THERE'S A RETAINING WALL ON THAT HALF OF THE PROPERTY.

UM, GIVEN THAT WE'RE ON THE LOWER END OF THE SUBDIVISION, THAT'S WHERE THE DRAINAGE COMES THROUGH.

SO THERE'S A RETAINING WALL THERE, UM, THAT TO THE RIGHT OF THE YELLOW CIRCLE IS A CREEK.

THAT'S WHERE THE DRAINAGE EASEMENT GOES THROUGH THE CONCRETE SECTION.

ON THE TOP RIGHT IS A CONCRETE FLUME THAT THE CITY HAS PUT IN, AND THE ONE JUST ADJACENT TO THAT, TO THE LEFT IS THE EXISTING DRIVEWAY.

AND I GIVE YOU SOME MORE HISTORY AND CONTEXT FOR IT AS WELL.

UM, THANK Y'ALL FOR BEING HERE TODAY.

I APPRECIATE Y'ALL HEARING ME OUT IN THIS, THIS CASE.

UM, IT'S SOMETHING THAT I'VE BEEN PURSUING SINCE JULY OF LAST YEAR WHEN I GOT INTO THIS.

UM, THIS TWO HARD CAR REPORT HAS BEEN THERE FOR QUITE SOME TIME.

AS WE MENTIONED, I'VE TRIED TO DO MY DUE DILIGENCE TO FIND ANY, PERMITTING, ANY RECORDS OF ITS CONSTRUCTION, AND WE HAVE NOT BEEN ABLE TO FIND ANY.

SO IF YOU DON'T MIND, I'D LIKE TO READ A QUICK STATEMENT AND THEN I'LL HAPPY TO ANSWER ANY QUESTIONS.

UM, IN ORDER TO HELP PROVIDE SOME QUICK CONTEXT FOR THIS REQUEST, I, I JUST WANT TO GIVE SOME HISTORY OF THE PROPERTY IN OUR FAMILY.

MY WIFE AND I ARE DEEPLY ROOTED HERE IN BEDFORD.

SHE GREW UP HERE.

I ACTUALLY PROPOSED TO HER ON THE SMALL PIER OF WHAT IS NOW GENERATIONS PARK.

UM, WHEN WE PURCHASED OUR FIRST HOME IN JULY OF 2020, IT WAS ONLY NATURAL FOR US TO BUY HERE IN BEDFORD.

BOTH OF OUR FAMILIES ARE, UM, VERY CLOSE TO HERE.

HERS ACTUALLY LIVE RIGHT NEXT TO GENERATION'S PARK, HER PARENTS AFTER WE PURCHASED OUR HOME ABOUT A YEAR LATER, MY BROTHER AND SISTER-IN-LAW ACTUALLY PURCHASED THE HOME NEXT DOOR.

I MENTIONED THAT BECAUSE THEIRS IS THE PROPERTY DIRECTLY ON THE OTHER SIDE OF THE RANCH.

EASEMENT IN QUESTION.

OUR HOME WAS BUILT IN 1968 AND PO POSES TYPICAL CHALLENGES OF OLDER, OLDER HOMES.

ONE OF THEM HAS BEEN FINDING PERMITS OR ANY DOCUMENTATION FOR EXISTING STRUCTURES SUCH AS THE SKYPORT.

DESPITE THE SENSE OF RESEARCH, I HAVE FOUND NO DOCUMENTATION REGARDING ITS CONSTRUCTION.

OUR LOVE FOR THIS HALF ACRE PROPERTY DRIVES OUR DESIRE TO MAXIMIZE ITS POTENTIAL HERE.

AS OUR FAMILY CONTINUES TO GROW, WE HAVE NO INTENTION OF MOVING, ONLY GROWING IN THE CURRENT SPACE.

THE ISSUE AT HAND IS THE TWO CAR CARPORT, WHICH NOW NEEDS TO BE REPLACED, AS I MENTIONED, IS QUITE OLD.

I'M NOT ABLE TO FIND THE EXACT DATE.

I WOULD, I'M SEEKING PERMISSION TO REPLACE IT WITH AN ENCLOSED METAL BUILDING.

UM, THAT'LL SERVE AS A GARAGE.

AND EVENTUALLY I WANT TO FINISH OUT A SMALL SECTION OF THAT TO BE A HOME OFFICE.

I DO WORK FROM HOME AND HAVING A DEDICATED WORKSPACE DEFINITELY HELPS THEM MEMORIZE DISRUPTIONS WHEN I HAVE A THREE AND A HALF YEAR OLD AND A ONE AND A HALF YEAR OLD, BOTH AT HOME ALL DAY AS WELL.

UM, THOUGH THE CARPORT IS ENTIRELY ON OUR PROPERTY.

WHEN I WENT TO APPLY FOR THE, UM, PERMIT TO ENCLOSE IT, OBVIOUSLY THIS ISSUE CAME UP WITH IT BEING WITHIN THE SETBACK.

AT THE TIME, I HADN'T REALIZED THAT WHEN WE GOT THE HOME, IT WAS ONLY AFTER WE GOT THE SURVEY DONE THAT WE FOUND THAT OUT.

UM, AS MENTIONED, THAT BROUGHT UP THE ISSUE OF THE SECONDARY DRIVEWAY, AS WE MENTIONED, THAT'S A SEPARATE ISSUE I'M HANDLING.

I'VE TALKED WITH, UH, ANDREA ROY THROUGH EMAIL, AND SHE'S WORKING WITH THE CITY ATTORNEYS TO GET AN ENCROACHMENT AND JURY MC GRASP IT UP.

I WANT TO BE IN COMPLIANCE.

THAT'S PART OF THE REASON WE'RE GOING THROUGH ALL THIS.

ONCE I DISCOVERED THIS ISSUE, OBVIOUSLY THAT RAISED SOME RED FLAGS WITH ME OF, HEY, THIS IS NOT GOOD.

I HAVE A SECONDARY DRIVEWAY THAT IS IN A CITY DRAIN ACHIEVEMENT.

OBVIOUSLY I KNEW THAT WAS A BIG ISSUE, SO I DID NOTIFY THE CITY OF THAT, UH, REQUESTED TO CROP PERMITING AND ARE WORKING THROUGH THAT.

THE REASON THIS ACCESS BUILDING NEEDS TO BE IN THIS LOCATION, UM, IS DUE TO THE PREEXISTING FOUNDATION THAT EXITS HERE.

THERE IS A CONCRETE SLAB THAT IS THERE.

THE BUILDING WILL HAVE THE SAME EXACT FOOTPRINT AS THE CURRENT CARPORT, MINIMIZING COST AND HELP PRESERVING THE FUNCTION WHILE NOT IMPOSING ANY GREATER, UM, ON THE COMMUNITY.

I RESPECTFULLY REQUEST THAT MY VARIANCE REQUESTS BE APPROVED, UM, TO FACILITATE THE NECESSARY IMPROVEMENTS NEEDED TO THE CARPORT.

UH, I'VE TALKED WITH MANY SURROUNDING NEIGHBORS, AS WAS MENTIONED.

I'M, WE HAVE A PRETTY GOOD COMMUNITY IN THIS SMALL, WE'RE IN A, A CIRCLE, A SMALL SUB CUL-DE-SAC OF THAT CIRCLE.

ALL THE NEIGHBORS ARE VERY AWARE OF WHAT'S GOING ON.

I'VE NOT TALKED TO ANY OF 'EM THAT HAVE A PROBLEM WITH IT.

I'VE ACTUALLY HAD MANY REACH OUT TELLING ME THAT IF I NEED THEM TO SIGN SOME LETTER OF SUPPORT, THEY'D BE MORE THAN HAPPY AND WILLING TO DO SO.

THANK YOU FOR YOUR TIME.

ANY QUESTIONS? OKAY.

UH, AARON, I'VE GOT A QUESTION.

YES, SIR.

UM, IS THAT IT, IT LOOKS LIKE THERE'S A LOT OF DENTS OF VEGETATION FROM THE STREET IN THAT DRAINAGE AREA.

YES, SIR.

IS THAT DRIVEWAY ACCESSIBLE ALL THE WAY BACK TO THE CARPORT? IT DEFINITELY IS.

AND I ACTUALLY HAVE SOME BETTER PICTURES ON MY PHONE.

I'M NOT SURE HOW WE GO ABOUT SHARING THOSE THAT ARE MORE CLEAR, UH, PROPERTY.

UM, BUT YES, SIR, THAT, THAT SECONDARY DRIVEWAY IN QUESTION IS THE ONE, THE RIGHT THERE.

OH, THE TOP RIGHT PICTURE.

AND THAT DRAINAGE CHUTE IS THAT ONE THAT STRICT IN THE MIDDLE.

OKAY.

AND THAT 40 FOOT DRAINAGE EASEMENT THAT WE'RE SEEING IN REALITY, UH, IT'S FEELS LIKE 20 FEET BECAUSE IT'S JUST OVERGROWN BAMBOO.

AND THE PROPERTY LINE DOES EXTEND FOR THAT DRAIN INSTRUMENT ACROSS THAT DRIVEWAY.

THAT'S WHY IT SITS ON SURVEY.

IT'S 40 FEET AND IT IS 40 FEET.

UM, SO YES, SIR.

SO HOW TALL, HOW TALL IS YOUR,

[00:15:01]

THE STRUCTURE YOU WOULD DESIRE TO BUILD THERE? IT WOULD BE NINE FEET ON THE INSIDE.

I THINK AT THE APEX OF THE A-FRAME ROOF, IT WOULD BE SOMETHING LIKE 13 FEET.

UM, BUT I'M HAPPY TO MAKE ADJUSTMENTS IF NEEDED.

BUT IT'S PREFAB.

IT'S ALREADY IT, IT'S ALREADY BUILT, CORRECT.

IT, IT WOULD BE BUILT ON SITE.

OH, IT WOULD, IT IT'S A CARPORT, UM, GARAGE BUILDING COMPANY THAT DO THESE METAL BUILDINGS.

UM, ORIGINALLY I WAS DEBATING WHETHER OR NOT JUST TO ENCLOSE THE CURRENT ONE, AND I TALKED TO A FEW OF THEM, TALKED TO A COUPLE ENGINEERS, AND THEY SAID, HEY, THIS IS REALLY OLD.

WE WON'T RECOMMEND PUTTING MORE LOAD BEARING ON THIS STRUCTURE AND RECOMMEND REPLACING IT.

I FIGURED IF I WAS GONNA GO TO THAT EXTENT, MIGHT AS WELL ENCLOSE IT.

UH, DOES THE METAL BUILDING MEET ALL OF THE BUILDING CODES FOR, UH, FOR AN OUTBUILDING STAFF HASN'T REVIEWED THE PLANS THAT HAVE BEEN SUBMITTED.

HOWEVER, WHATEVER IT, WHATEVER YOU DO HERE TONIGHT IS JUST AN ENCROACHMENT TO THE SETBACK.

IT DOESN'T WAIVE ANY TYPE OF BUILDING REQUIREMENTS.

BUT A METAL BUILDING IS, IS, ESPECIALLY FOR A STORAGE BUILDING, IS TYPICAL.

OKAY.

AND IF DESIRED, I'M OPEN TO ADJUSTING THAT.

WELL, I KNOW I HAVE A DETACHED GARAGE OF MY PROPERTY AND IT, IT HAS BRICK ON IT, TO MEET THE, UH, TO MEET THE, UH, ZONING REQUIREMENTS FOR, FOR, FOR THE BUILDINGS AND THINGS LIKE THAT.

SO, OKAY.

THE ONLY REASON I SELECTED METAL BILLY, WAS TO BE THE MOST ECONOMICAL IF, IF NEEDED.

NO, I, I UNDERSTAND.

I JUST WANT TO MAKE SURE THAT IF, IF WE DO A VARIANCE, WE AREN'T DOING A VARIANCE, UH, ALSO TO THE BUILD TO THE TYPE OF STRUCTURE.

YES, SIR.

YES, SIR.

IN OTHER WORDS, IT NEEDS TO MEET ALL THE REQUIREMENTS OF THE CITY CODES AND THINGS LIKE THAT.

WHAT WES SAID, WE'RE ONLY LOOKING AT A VARIANCE FOR THE, UH, SETBACK OR THE ENCROACHMENT.

OKAY.

ANY OTHER QUESTIONS? YES, SIR.

THANK Y'ALL FOR WORKING WITH ME HERE.

BEEN A LONG TIME COMING AND I APPRECIATE THIS GETTING ADDRESSED.

I HAVE A QUESTION.

NO, WE DO NOT.

IF THAT'S IT.

UH, IS THERE ANYBODY FROM THE PUBLIC HERE WOULD LIKE TO COMMENT? AND EVEN THOUGH IT MAY SEEM STRANGE, WE'RE DOING THAT SOMETIMES TO AN EMPTY ROOM.

WE NEED TO GET RECORD.

YES, SIR.

UNDERSTAND THAT SOMEBODY FROM THE PUBLIC.

UH, WITH THAT, I THINK WE'RE, UH, WE'RE, UH, READY TO MOVE INTO THE NEXT PHASE.

THANK YOU.

OF THE MEETING AND GO INTO DISCUSSION.

DOES ANYBODY HAVE ANYTHING TO SAY? I, I WOULD LIKE TO SAY, UH, FIRST OF ALL, I THINK, UH, WES AND THE CITY DID A REAL GOOD JOB IN TERMS OF DOCUMENTING THE JUSTIFICATION FOR THE VARIANCE.

THAT WAS VERY GOOD.

AND IT'S, IT'S ALWAYS GOOD TO DOCUMENT THE RATIONALE WHEN WE VARY FROM, UH, CITY ORDINANCES, CITY CODES, THINGS LIKE THAT.

OKAY.

I THINK YOU DID A REAL GOOD JOB.

MY ONLY, MY ONLY CONCERN WOULD BE IN FACT THAT WE HAVE A STRUCTURE BUILT BEFORE THE ENCROACHMENT, UH, THE ENCROACHMENT, UH, AGREEMENT IS PUT INTO PLACE.

I HAVE NO, YOU KNOW, I THINK, I THINK IT'S VERY APPROPRIATE TO GO AHEAD AND ALLOW THE, UH, STRUCTURE BE BUILT.

AGAIN, IT HAS TO MEET ALL OF OUR CURRENT, UH, UH, CODES AND THINGS.

BUT, UH, UH, WE SHOULD JUST, UH, GO AHEAD AND HAVE A MOTION TO APPROVE WITH, AGAIN, WITH THE, I THINK WITH THE CONDITION THAT, THAT THE ENCROACHMENT AGREEMENT NEEDS TO BE PUT INTO PLACE.

JUST A QUICK REMINDER, UM, WHEN GRANTING A VARIANCE THAT THE, THE BOARD GOES THROUGH EACH CRITERIA, UM, AS, AND MAKE SURE THAT THAT'S ON RECORD AS TO WHY OR WHY NOT THE BOARD IS RECOMMENDING THE VARIANCE.

DO WE, HOW, HOW DO YOU SUGGEST DOING THAT? I, I THOUGHT, I THOUGHT WE HAVE IT FOR THIS, UH, HANDOUT AND WE'VE SHOWN IT.

IS THAT GOOD ENOUGH OR DO WE HAVE TO ? IT WOULD NEED TO BE FOR, FOR Y'ALL'S DISCUSSION AND DELIBERATION AS TO CRITERIA ONE, THE VARIANCE IS NOT CONTR, CONTRARY TO THE PUBLIC INTEREST, YES OR NO CRITERIA TWO, THE DUE.

SO TO ENSURE THAT THAT IS ON RECORD.

OKAY.

[00:20:01]

I, I, UNDER, I THINK I UNDERSTAND.

SO THE CRITERIA ONE IS THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.

AND I THINK WES SAID THE CITY IS NOT, UM, AGAINST THAT.

IT'S BEEN THERE FOR A WHILE.

IT'S NOT OVERCROWDING.

UM, IT, THERE'S, THERE'S NO ISSUE WITH IT.

SO WITH CRITERIA ONE, DOES ANYBODY ELSE HAVE ANYTHING TO SAY ABOUT THAT? NOT CONTRARY TO PUBLIC INTEREST.

OKAY.

CRITERIA TWO IS THAT THE, THAT DUE TO SPECIAL CONSIDERATIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP WHILE CONSIDERING THAT THE CARPORT'S ALREADY ENCROACHING AND HE WOULD HAVE TO MOVE THE CARPORT OR BREAK UP CONCRETE OR SOMETHING.

I THINK THAT THAT WOULD BE AN UNNECESSARY HARDSHIP TO THE CITIZEN SINCE EVEN WITHOUT THE BUILDING, HE'S STILL IN NON-COMPLIANCE.

UM, I THINK LITERAL ENFORCEMENT TO THE PROPERTY WOULD CAUSE A HARDSHIP, AND IT'S BEEN THERE FOR YEARS AND HASN'T CAUSED AN ISSUE.

UM, THE THIRD CRITERIA IS THAT BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE IS OBSERVED.

UM, I ALSO THINK THAT THAT IS MET BECAUSE, I MEAN, THE SPIRIT OF THE ORDINANCE IS FOR THE FIVE FOOT TO KEEP THE NEIGHBORHOOD IN HARMONY.

AND THE NEIGHBORHOOD HAS BEEN IN HARMONY, EVEN THOUGH THERE IS AN ENCROACHMENT.

SO I DON'T SEE WHAT I MEAN FOR MANY, MANY YEARS.

UM, AND THE LAST CRITERIA IS THE SUBSTANTIAL JUSTICE TO BE REALIZED BY GRANTING THE VARIANCE.

UM, AS THE CITY SAYS ON OUR PAPER HERE, IT WOULD CORRECT AN EXISTING NON-CONFORMITY.

SO I THINK THAT WHATEVER HAPPENS NEXT WITH THE DRIVEWAY OR WHATEVER THIS DOES, UM, FIX THAT NON-CONFORMITY.

THAT HASN'T BEEN AN ISSUE FOR MANY YEARS.

I, I THINK WHEN THEY TALK ABOUT JUSTICE AND, UH, UH, THEY'RE TALKING ABOUT HOW WE WE'RE TREATING PEOPLE EQUALLY OR OTHER, OTHER ISSUES EQUALLY LIKE THIS.

AND I THINK WE HAVE THAT.

THERE'S A, IN FACT, THERE'S A UNIQUE SITUATION HERE BASED UPON THE PROPERTY AND, AND THINGS LIKE THAT.

UH, AND THE OTHER THING THAT IT WAS IN THE HANDOUT, BUT NOT, WE HAVEN'T DISCUSSED IT, BUT THE, THE, THE PURPOSE, I'M GONNA TRY TO, UH, PARAPHRASE WHAT WAS IN THE HANDOUT, THAT IN FACT, THE WHOLE PURPOSE FOR A SETBACK IS IN FACT, SO THAT YOU DON'T HAVE CROWDED BUILDINGS NEXT TO EACH OTHER.

THAT'S THE CONFORMITY.

AND, BUT ALSO, UH, THERE'S A MATTER OF SAFETY SO THAT YOU IN FACT, CAN GET, IF, IF PUBLIC SAFETY, SOMEBODY FROM THE FIRE DEPARTMENT HAS TO GET BACK THERE, IF YOU HAVE TO, UH, IF YOU HAVE, UH, SOMEBODY HAVE A HEART ATTACK, YOU CAN, UH, YOU CAN GET, YOU COULD GET ACCESS TO A PROPERTY.

UH, AND I BELIEVE BECAUSE OF THE DRAINAGE ENCROACHMENT, THERE'S NOTHING GOING TO REALLY BLOCK, UH, THE SIDE YARD.

SO IS THAT, IS THAT GOOD ENOUGH FOR OUR DISCUSSION FOR THE CRITERIA? YES.

OKAY.

WE JUST WANNA MAKE SURE IT'S ON RECORD.

UH, AND AGAIN, A LOT OF THE THINGS WE DO AND TALK ABOUT IS TO PUT THINGS ON RECORD.

AND IF YOU ARE NOT FAMILIAR WITH IT, YOU SAY, WHY IS, THAT'S, THAT SOUNDS KIND OF STUPID , BUT WE REALLY WANNA DO A RECORD FOR THAT.

ACTUALLY THAT ITEM NUMBER FOUR.

SO IF SOMEBODY COMES UP AND SAYS, HEY, WHY DID YOU DO THIS? UH, WHY DON'T YOU LET, WELL, ACTUALLY, WE HAD ONE WHERE SOMEBODY WANTED TO BUILD A GARAGE RIGHT ONTO THE PROPERTY OR CARPORT ONTO THE PROPERTY LINE.

AND, UH, WHAT MAY, YOU KNOW, WE MAY GET CHALLENGED WHY IT'S DIFFERENT, FOR EXAMPLE.

SO THAT'S THE WHY WE GO THROUGH THINGS LIKE THAT.

OKAY.

UM, ANY MORE DISCUSSION? WE DON'T HAVE ANY MORE DISCUSSION.

WE CAN CLOSE THE DISCUSSION AND MOVE ON TO A MOTION.

DO WE NEED A MOTION TO CLOSE DISCUSSION? NO.

OKAY.

JUST MAKING SURE.

, YOU SAID WE'RE FINE.

OKAY.

SO EVERYBODY WANNA MAKE A MOTION, MAKE A MOTION THAT WE ACCEPT THE VARIANCE.

SECOND,

[00:25:02]

WITH THAT, UH, WE GO INTO A DISCUSSION OF THE MOTION.

UH, I BELIEVE THAT, THAT THIS IS VERY APPROPRIATE.

A VARIANCE IS VERY APPROPRIATE.

MY ONLY THING THAT I WOULD MAYBE LIKE ADD TO THE MOTION, IT'S PREDICATED IN TERMS OF GETTING THE ENCROACHMENT AGREEMENT RESOLVED.

AND THE REASON IS, IS THAT IF YOU DON'T GET THE ENCROACHMENT AGREEMENT RESOLVED, YOU GOT THE WHOLE ISSUE OF THE DRIVEWAY.

AND IT REALLY CHANGES THAT.

BUT, YOU KNOW, THAT'S, IT'S UP FOR DISCUSSION TO THE BOARD.

I, I, I DON'T THINK THAT'S BEFORE US.

AND SO IF, IF IT COMES UP AGAIN LATER, UH, THEN WE CAN DISCUSS IT AT THAT TIME.

NO, NO.

I MEAN, FOR, FOR THE VARIANCE, FOR THE SETBACK FOR THE BUILDING.

THOUGHT WE JUST, I THOUGHT THAT'S WHAT WE JUST, THAT'S WE DISCUSS, I THINK, I THINK WHAT WE'RE SAYING IS WE, WE DON'T WANNA ADD ANY KIND OF, UM, UM, ADD ADDENDUM OR ANYTHING ON THIS.

WE JUST WANNA APPROVE IT AS IS.

OKAY.

SO ARE WE READY FOR A VOTE? I DON'T HEAR ANY MORE DISCUSSION.

SO WE ARE READY FOR A VOTE.

ALL THOSE IN, UH, FAVOR OF GRANTING, UH, VARIANCE 24 1, SAY AYE.

AYE.

AYE.

ALL THOSE OPPOSED, NOBODY OPPOSED.

MOTION HAS PASSED.

OKAY.

WAS THAT UNANIMOUS? IT WAS UNANIMOUS.

WAS UNANIMOUS.

OKAY.

[2. Conduct a public hearing and consider approval of a Special Event/Outdoor Sales Event in accordance with Section 5.10.F of the Zoning Ordinance for property located at 1424 Brown Trail. (PZSE-24-1)]

NEXT, UH, ITEM ON THE AGENDA IS PZSE 24 1.

UH, WESS, WOULD YOU LIKE TO COME UP AND DISCUSS THAT? SURE.

THANK YOU, MR. CHAIRMAN.

BOARD MEMBERS, THIS ONE IS A LITTLE BIT DIFFERENT.

SOMETHING THAT, UH, Y'ALL DON'T SEE EVERY DAY.

UM, THE ZONING ORDINANCE ESSENTIALLY ALLOWS FOR BUSINESSES THAT ARE IN A COMMERCIALLY ZONED DISTRICT TO APPLY FOR A SPECIAL EVENT FOR SOMETHING THAT'S DIFFERENT OUTSIDE THEIR NORMAL DAY-TO-DAY ACTIVITY, AND ALSO FOR OUTDOOR SALES.

AND SO THE APPLICANT HAS MADE AN APPLICATION.

TYPICALLY, MOST OF THE TIME THOSE ARE APPROVED ADMINISTRATIVELY BY STAFF.

HOWEVER, THERE'S PROVISION IN THE ORDINANCE THAT STATES THAT IF THE APPLICATION, IF THE PROPERTY IN QUESTION HAS RECEIVED COMPLAINTS REGARDING SIMILAR ACTIVITIES, THEN STAFF NEEDS TO FORWARD THAT TO ZONING BOARD OF ADJUSTMENT FOR CONSIDERATION THAT IT'S NO LONGER ADMINISTRATIVE APPROVAL.

SO WITH THAT, GOING TO, UH, PROPERTY PROPERTY'S LOCATED AT 1424.

BROWN TRAIL.

UM, JUST KIND OF GAVE YOU A RUNDOWN OF THE, UH, OF THE BACKGROUND.

THE, UM, APPLICANT WHO IS HERE IN THE AUDIENCE IS PREPARED TO, UH, ANSWER ANY QUESTIONS TO PROVIDE ADDITIONAL INFORMATION.

BUT JUST REAL QUICK THERE, IT'S A STRIP CENTER, COMMERCIAL CENTER IN QUESTION MULTIPLE TENANTS.

UM, ONE OF THE TENANTS, AND I APOLOGIZE, I SEE HAVE MISSPELLING ALREADY, BUT ONE OF THE TENANTS IS PROPOSING AN OUTDOOR SALES OF SECONDHAND MERCHANDISE DURING THE HOURS OF 11:00 AM TO 5:00 PM ON A SATURDAY.

UM, THEY LISTED ON THE APPLICATION EXPECTED ATTENDANCE OF 200 PEOPLE.

UM, BECAUSE WE HAVE RECEIVED COMPLAINTS, NOT NECESSARILY FROM THE, UH, REGARDING THIS TENANT, BUT FROM ANOTHER TENANT ON THIS, UH, IN THE SHOPPING CENTER.

UH, WE STAFF HAD TO FORWARD THIS, UH, APPLICATION ONTO ZONING BOARD OF ADJUSTMENT FOR APPROVAL.

UM, THOSE COMPLAINTS HAVE SENT AROUND NOISE, TRASH AND TRAFFIC FROM, FROM OTHER EVENTS, SITE PHOTOGRAPHS IN CASE YOU DIDN'T GET OUT TO MAKE THE THE SITE.

THE LARGER PICTURE THERE IS THE, UH, STRIP CENTER IN QUESTION.

AND THEN RIGHT BEHIND THAT IS THE RESIDENTIAL AREA.

REAL QUICK, THIS IS JUST STAFF FINDINGS.

IT, IT'S VERY SHORT AND SWEET, BUT IT'S BECAUSE WE HAVE RECEIVED COMPLAINTS.

THAT'S WHY THIS APPLICATION IS BEFORE YOU.

UM, SO, UH, WITH THAT, I CAN ANSWER ANY QUESTIONS OR LIKE I SAID, THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS AS WELL.

OKAY.

ARE THERE ANY QUESTIONS FOR WES? I DO, FOR THIS PARTICULAR APPLICANT.

UM, WHAT'S THE CITY POSITION? I DON'T THINK THE CITY REALLY HAS A POSITION TO BE HONEST WITH YOU.

THE, UM, THE, THE ORDINANCE IS SUCH THAT IT DOESN'T GIVE YOU A LOT OF CRITERIA IN ORDER TO BASE THIS DECISION OFF OF, UM, UM, THAT'S NOT THE IDEAL, BUT THAT'S THE WAY THE ORDINANCE IS WRITTEN.

UM, AND SO REALLY IT'S GOING TO BE A, A GUT DECISION FROM ZONING AND BOARD OF ADJUSTMENT.

AND I HATE TO THROW IT OUT AT THAT, BUT THAT'S ESSENTIALLY WHAT IT IS.

I'M SORRY.

GOT IT.

THE, UM, COMPLAINTS THAT WERE RECEIVED FOR PRIOR, UM, UM, EVENTS

[00:30:01]

IN THIS AREA, WERE THESE THE SAME EVENTS? WAS THIS STILL, WAS IT A SECONDHAND SALE THAT IT WAS, IT WAS OUTDOOR.

THEY WERE OUTDOOR DISPLAY AND OUTDOOR SALES, YES.

OKAY.

UH, IS IT POSSIBLE FOR 'EM TO FIND ANOTHER VENUE TO HOLD THIS TYPE OF SALE? I MEAN, I, I CAN'T ANSWER THAT IN JUST A MOMENT.

IF, IF IT'S OKAY.

UH, WHO WERE THE COMPLAINANTS? WERE THEY, WERE THEY FROM THE RESIDENTIAL AREA OR THEY WERE FROM THE ADJACENT RESIDENTIAL AREA.

OKAY.

NOW, ONE OF THE THINGS, LOOKING AT THIS PLAN, IT APPEARS THAT, THAT THE PARKING LOTS GO BOTH THE BROWN TRAIL AND TO THE RESIDENTIAL STREET BEHIND IT.

IT DOES.

IS THAT CORRECT? THAT IS CORRECT, YEAH.

IF YOU LOOK, IF YOU LOOK THAT LARGER PICTURE, AND IT MAY BE HARD TO SEE IN THE PICTURE, BUT THAT I'M STANDING AT BROWN TRAIL WHEN I TOOK THAT PICTURE AND ALL THE WAY BACK GOES DIRECTLY ALL THE WAY BACK TO RAVENSWOOD.

YEAH, I MEAN, THAT'S, THAT'S WHAT I SAW.

THAT'S WHAT I SAW FROM HERE, WHICH IS THE OVERVIEW THAT'S IN OUR PACKET.

RIGHT.

UM, BUT IT LOOKED LIKE A COUPLE OF THOSE BUSINESSES ALL HAD ACCESS ONTO THE, ONTO THE PROPERTY, ONTO THE RESIDENTIAL STREET BEHIND.

SEVERAL OF THEM DO.

YES, SIR.

SEVERAL OF THEM DO, WHICH WOULD BE LIKE, IT'S ALMOST THAT PROPERTY'S ALMOST DESIGNED TO CAUSE CONFLICTS WITH THE RESIDENTS BEHIND THEM, BUT OKAY.

SO THE, THE PEOPLE WHO COMPLAINED WERE RESIDENTS AND, UH, AND IT'S THROUGH THE CONNECTED DRIVEWAY, SO IT'S GONNA BE NATURAL FOR PEOPLE WHO TO PARK BACK THERE TO GO BACK THERE AND STUFF.

OKAY.

ANY OTHER QUESTIONS FOR WES WITH THAT? I THINK IT'S NOW TIME FOR THE APPLICANT TO, UH, TO SPEAK.

HI GUYS, I'M STEVE KROMER.

I LIVE IN ULUS.

I'M A PART OWNER OF RETRO MADNESS, AND, UH, WE'VE BEEN LOCATED IN BEDFORD FOR EIGHT YEARS.

I DO HAVE SOME ADDITIONAL INFORMATION I'D LIKE TO PASS OUT TO YOU, STEVE, I CAN PASS YOU.

OH, CAN YOU? OKAY.

THANK YOU.

YEP.

OKAY.

UM, SO WE HAVE BEEN, UH, AS I MENTIONED, WE'VE BEEN LOCATED IN BEDFORD FOR EIGHT YEARS.

UM, SO THE, UH, PURPOSE FOR THIS EVENT IS TO CELEBRATE OUR 10TH ANNIVERSARY.

UM, SO, UH, RETRO MADNESS FOR THOSE OF YOU THAT MAY NOT HAVE BEEN IN OUR STORE, UH, WE SELL, UH, TOYS AND VIDEO GAMES, UM, AND OUR CLIENTELE, YOU KNOW, I WOULD SAY OUR CLIENTELE STARTS AT, AT AGE THREE YEARS OLD AND UP UNTIL FOLKS THAT ARE IN THEIR SIXTIES AND SEVENTIES THAT, UH, BUY OUR ITEMS. UM, WE HAVE HAD ONE PREVIOUS EVENT IN THE PARKING LOT, UH, THAT WAS TWO OR THREE YEARS AGO.

WE DID OBTAIN THE PROPER PERMIT FOR THAT EVENT.

UH, THE COMPLAINTS THAT HAVE STEMMED FROM THIS HEARING TODAY WERE ON ONE OF OUR NEIGHBORS.

AND, AND THAT WAS NOT OUR EVENT THAT, UH, THAT STEMMED THOSE COMPLAINTS.

UM, SO I DO WANNA POINT THAT OUT VERY CLEARLY.

UM, OUR EVENT IS SCHEDULED FROM 11 TO 5:00 PM IT IS A COME AND GO EVENT.

SO WE DO NOT ANTICIPATE HAVING 200 FOLKS THERE ALL AT ONE TIME.

AND I HAVE LINED UP ADDITIONAL PARKING, UM, YOU'LL SEE IN THERE, UH, PAGE TWO IS FROM THE BUSINESS IMMEDIATELY NEXT DOOR, WHICH IS THE INCOME TAX OFFICE AT 1420.

AND I DO HAVE HIS SIGNED PERMISSION TO USE HIS LOT FOR THE EVENT.

UM, THREE DOORS DOWN IS A DENTIST OFFICE, AND I DO HAVE AN ADDENDUM, WHICH IS PAGE FOUR, WHICH IS ASSIGNED PERMISSION FROM, UH, THE DENTAL OFFICE, OR A EMAIL FROM THE DENTAL OFFICE, I SHOULD SAY.

UM, I ALSO CANVASED RAVENSWOOD AND OF THE FOLKS THAT I WAS ABLE TO, UH, TO, TO CONTACT AND ANSWER THE DOOR, I WAS ABLE TO OBTAIN THREE SIGNATURES FROM THOSE RESIDENTS WITH AN O, YOU KNOW, JUST LETTING THEM KNOW THE EVENT WAS COMING AND GETTING THEIR OKAY TO HAVE IT.

UM, WE WERE ALSO PLANNING ON OBTAINING SOME DO NOT PARK SIGNS TO POST IN THE RESIDENTIALS LAWNS 'CAUSE THAT, AS YOU MENTIONED, FOLKS ARE INCLINED TO PARK ON RAVENSWOOD WHEN ONE OF THESE EVENTS TAKES PLACE.

SO WHAT WE WERE GONNA DO AS A COURTESY TO THE RESIDENTS WAS JUST PUT IN A TEMPORARY ONE DAY, DO NOT PARK IN IN THE LAWNS OF THE RESIDENTS IF THEY WOULD LIKE US TO DO THAT.

AND WE WOULD, WE WOULD BUY THE SIGN AND POST IT, UM, ON THEIR BEHALF.

UM, WE ARE GONNA HAVE, NORMALLY WE OPERATE WITH TWO STAFF ON SATURDAY.

WE ARE GONNA HAVE EIGHT STAFF, UH, ON SITE AT THE BUSINESS, UH, FOR THE CELEBRATION.

[00:35:01]

AND THOSE STAFF WOULD BE THERE JUST TO HANDLE, UM, YOU KNOW, HELP HELPING FOLKS GET IN AND OUT OF THE BUILDING AND HELPING, YOU KNOW, TAKE OUT TRASH AND JUST HANDLING THE ADDITIONAL BUSINESS.

SO AGAIN, UH, YOU KNOW, WE'RE REAL EXCITED TO BE PART OF BEDFORD AND WE'D LOVE TO HAVE THIS CELEBRATION.

UM, HAVING IT ON SITE WOULD BE IDEAL BECAUSE THAT'S WHERE OUR CUSTOMERS KNOW WHERE WE'RE LOCATED.

UM, IF I WAS LOOKING TO DO SOMETHING OFFSITE, YOU KNOW, IT WOULD BE SOMETHING MAYBE LIKE THE BROOKDALE CENTER, WHICH WOULD BE IN ANOTHER CITY LIKE HURST.

UM, SO WE'D CERTAINLY PREFER TO STAY IN BEDFORD, UH, FOR THIS SALE.

SO WITH THAT, I'D OPEN IT UP TO QUESTIONS FOR YOU GUYS.

OKAY.

ARE THERE ANY QUESTIONS? I I HAVE A QUESTION.

YES, MA'AM.

ABOUT THE, UM, THE TRASH THAT WAS COMPLAINED ABOUT AT OTHER EVENTS.

DO YOU HAVE ANY PLANS FOR THAT? LIKE RENTING A DUMPSTER OR HAVING LIVED THE, THE KROGER TYPE? YEAH, ABSOLUTELY.

SO WE DO HAVE A DUMPSTER ON SITE.

UM, AND I, I AND MY STAFF CAN PERSONALLY WALK UP AND DOWN RAVENS RAVENSWOOD AT THE END OF THE DAY TO ENSURE THAT NOBODY HAS LEFT TRASH ON RAVENSWOOD.

I I DO ABSOLUTELY UNDERSTAND THE CONCERNS OF THE NEIGHBORS.

OKAY.

ANY OTHER QUESTIONS? YEAH.

IS, EXCUSE ME.

YES, SIR.

IS THERE A REASON THAT THERE'S BEEN A THREE YEAR GAP IN DOING THIS? AND WAS IT NOT SUCCESSFUL THE LAST TIME? OR, UM, N NO PARTICULARLY REASON.

UM, IT WAS SUCCESSFUL.

UM, WE, WE ENJOYED HAVING THE EVENT, IT'S JUST WE'RE NOT, YOU KNOW, SUPER ORGANIZED.

BUT THE MAIN REASON THAT WE WANTED TO DO THIS ONE WAS FOR OUR 10TH ANNIVERSARY AND JUST TO REALLY CELEBRATE, UH, HAVE BEING 10 YEARS IN BUSINESS.

OKAY.

WHAT, WHAT'S THE LANGUAGE ABOUT FURNISHINGS IN, IN THIS? WHAT, WHAT IS, DOESN'T IT SAY SOMETHING ABOUT THAT? NOT IN YOUR DEAL.

IN OUR DEAL.

OH, OKAY.

THERE WA THERE USED TO BE A RECORD STORE THAT HAD FURNISHINGS AND, AND THAT IS, HAS BEEN CONVERTED INTO ONLY A RECORD STORE.

SO THEY'RE ONE OF THE OTHER TENANTS.

ARE THEY GONNA SELL THEIR USED FURNITURE IN THE PARKING LOT? NO, SIR.

NO.

UM, ALL OF THE BOOTHS WOULD BE SOMETHING LIKE WHAT YOU WOULD SEE, UM, LIKE A, A, A WALMART LITTLE POPUP TENT THAT WOULD BE A A 10 BY 10 WITH A CARDBOARD TABLE AND A, AND A FOLDING CHAIR.

SO ALL OF THE FOLKS WILL BE SELLING, UH, TOYS OR VIDEO GAMES, WHICH WOULD FIT WITH OUR STORES, UH, CLIENTELE.

UH, WHAT I'M GONNA BOUNCE BACK, BASICALLY WHAT I HEARD YOU SAY.

YES, SIR.

ONE IS THAT THE PREVIOUS COMPLAINTS NOT, WAS NOT WITH YOU OR YOUR BUSINESS, IT WAS WITH ANOTHER PARTY.

YES, SIR.

IS THAT CORRECT? THAT'S CORRECT.

AND THAT BASED UPON, I'LL, I'M ADDING THIS IN, BUT BASED UPON THE FEEDBACK OF THE CITY IN TERMS OF PAST PROBLEMS, YOU'VE PUT, YOU'RE PROPOSING CERTAIN MITIGATIONS SO THAT THOSE COMPLAINTS WILL NOT HAPPEN AGAIN AND IN FACT MINIMIZE ANY SORT OF IMPACT ON THE COMMUNITY DOWN THE RESIDENTIAL STREET? YEAH, AB ABSOLUTELY.

WE, WE WANT TO BE A GOOD NEIGHBOR.

UM, YOU KNOW, OF THE THREE, THERE'S SEVEN HOUSES THAT ARE CLOSEST TO US THERE ON RAVENSWOOD.

LIKE I SAID, I DID VISIT WITH THREE OF THOSE FOLKS AND HAD A NICE VISIT.

TWO OF THE HOUSES HAD NO SOLICITATION SIGNS, SO I DID NOT ATTEMPT TO KNOCK ON THOSE DOORS.

UM, BUT, BUT AS I MENTIONED, YOU KNOW, WE'LL ABSOLUTELY DO A WALKTHROUGH OF THE STREET OF RAVENSWOOD AT THE END OF THE EVENT.

AND, UM, AGAIN, WE'RE HAPPY TO PURCHASE AND POST THE TEMPORARY NO PARKING SIGN ON THE RESIDENTIAL SIDE OF THE STREET, YOU KNOW, IF THE NEIGHBORS WOULD LIKE US TO PUT THOSE UP.

OKAY.

ANY OTHER QUESTIONS? I HAVE A QUESTION.

YES, SIR.

WHERE DO YOU PLAN TO PUT THESE POP UP TENTS? SURE.

SO THEY WOULD, UH, THEY WOULD BE TAKING UP HALF OF OUR PARKING LOT.

AND THAT IS WHY I HAVE OBTAINED PERMISSION FROM THE, UH, INSUR OR NOT INSURANCE.

IT'S A, UH, TAX PREPARATION OFFICE THAT'S IMMEDIATELY NEXT DOOR TO US AT 1420 IN ADDITION TO THE DENTIST OFFICE, WHICH IS THREE DOORS DOWN.

AND THAT'S WHY I OBTAINED THAT PERMISSION SO THAT THE FOLKS WHO COME TO THE EVENT WOULD HAVE SOMEWHERE TO PARK IN THAT WE WOULD ONLY HAVE HALF OF OUR PARKING LOT AVAILABLE.

WOULD THE INCOMING TRAFFIC HAVE TO GO WHERE THE POP-UP TENTS ARE LOCATED? UH, WE WILL HAVE THE TENTS ON ONE SIDE OF THE PARKING LOT SO THAT FOLKS CAN STILL ENTER AND LEAVE OUR PARKING LOT.

UH, THERE IS A ONE-WAY SIGN AT THE FRONT OF THE PARKING LOT

[00:40:01]

ON BROWN TRAIL.

AND SO, UM, FOLKS SHOULD NOT BE ENTERING OUR PARKING LOT OFF OF RAVENSWOOD.

UM, IF THEY OBEY THE SIGN, THEY ONLY ENTER OFF A BROWN TRAIL AND EXIT RAVENSWOOD ON A DAILY BASIS.

SO RIDING AROUND BEDFORD ALL THE TIME LIKE I DO, PEOPLE, I JUST NOTICED, THEY DON'T KNOW WHAT THE WORD STOP SIGN MEANS.

.

YES, SIR.

SO MY QUESTION IS, IF THEY DISREGARD THAT, WHAT MAKES YOU THINK THEY'RE GOING TO BE COMPLIANT WITH WHAT YOU'VE PUT UP? WELL, AS I MENTIONED, WE WILL HAVE SIX ADDITIONAL STAFF, YOU KNOW, ON HAND TO, UH, YOU KNOW, GENTLY ENCOURAGE THEM TO, UH, YOU KNOW, TO, TO, AGAIN, NOT PARK ON THE RESIDENTIAL SIDE OF RAVENSWOOD AND NOT ENTER OUR PARKING LOT BACKWARDS.

WOULD YOU BE AGREEABLE TO HAVE A OFF-DUTY POLICEMAN ON PROPERTY THERE WHILE YOU'RE HAVING THIS EVENT? IF, IF YOU GUYS REQUIRED IT? I WOULD.

SO THAT WOULD BE, I BELIEVE THAT COSTS ABOUT $50 AN HOUR.

SO THAT WOULD BE A COST OF AROUND 250 BUCKS TO THE BUSINESS.

BUT IF THAT'S SOMETHING YOU GUYS WOULD LIKE US TO DO, I'M AGREEABLE TO IT.

YES, SIR.

THE CPA'S OFFICE THAT IS GONNA ALLOW YOU ADDITIONAL PARKING, I MEAN, IS IT, DO PEOPLE NEED TO BE DIRECTED TO THAT OR CAN YOU SEE IT FROM WHERE YOU ARE? SO IT IS IMMEDIATELY, IS IT, CAN YOU BACK UP TO THAT, THAT SLIDE ONCE, JUST THE PICTURE OF THE LIGHT? YEAH.

AND SO YOU CAN'T SEE IT HERE, BUT IF YOU SEE TO THE RIGHT OF THE MAIN PICTURE THERE, THAT BUILDING, IT'S, SO IT'S IMMEDIATELY NEXT TO IT.

OKAY.

SO IT IS VERY VISIBLE.

WE WILL ALSO POST A, UH, A SMALL SIGN THERE THAT SAYS ADDITIONAL PARKING FOR EVENT, BUT IT, IT IS VISUALLY APPARENT TO PARK THERE.

OH, AND WHEN I READ THIS, IT SAYS SECONDHAND MERCHANDISE, AND I GUESS I WAS THINKING ABOUT SECONDHAND FURNITURE, SO NO, NO, YOU'RE FINE, SIR.

YEAH, IT, IT'S, UH, YOU KNOW, WE, WE SELL, UH, STAR WARS TOYS AND SPIDER-MAN AND BATMAN AND, UH, SUPER NINTENDO GAMES IS, IS WHAT WE SELL.

OKAY.

ANY OTHER QUESTIONS? NO, I THINK WITH THAT, UH, IS THERE ANYBODY FROM THE PUBLIC HERE TO, UH, TALK ABOUT THIS ITEM? WITH THAT, WES, I, I'VE GOT, UH, ONE QUESTION.

YES, SIR.

UH, TO WES.

YEP.

UH, THE COMPLAINTS WERE FROM A PREVIOUS EVENT, NOT FROM, UH, UH, THIS APPLICANT THAT IS STAFF'S UNDERSTANDING, THEY WERE FROM A, A DIFFERENT TENANT WITHIN THE STRIP CENTER.

OKAY.

UH, AGAIN, IF THERE'S NOBODY ELSE TO SPEAK, I THINK, UH, ARE WE READY TO DO A, A DISCUSSION THEN? OKAY.

WITH THAT, LET'S, UH, DISCUSS, DISCUSS THE ITEM.

WELL, I THINK THAT HE IS NOT THE PERSON WHO GOT THE COMPLAINTS LAST TIME.

HE HAS ADDRESSED THE COMPLAINTS SO THAT THEY DON'T MATERIALIZE FROM HIS EVENT IN THAT HE HAS A DUMPSTER IN THAT HE HAS EXTRA STAFF.

HE'S ALSO MADE THE ROUNDS TO SPEAK WITH PEOPLE AND HAS SAID HE COULD PUT UP NO PARKING SIGNS.

SO I THINK THAT THE ISSUES THAT WERE COMPLAINED ABOUT TRASH AND GARBAGE PARTICULARLY, UM, HE'S, HE'S AWARE OF AND TRYING TO MITIGATE THOSE.

ANY OTHER COMMENTS OR DISCUSSION? WELL, I, I THINK HE'S ALSO TRIED TO GAIN AGREEMENT AMONG THE PEOPLE IN THE IMMEDIATE VICINITY THAT IT'S NOT GONNA BE A PROBLEM.

YOU KNOW, THAT, YOU KNOW, IF, IF, IF HE DOES WHAT HE SAYS HE'S GOING TO DO, I DON'T PERCEIVE THAT TO BE A PROBLEM.

UH, I, UH, I THINK IT WOULD BE ALLOWABLE TO GO AHEAD AND ALLOW, UH, THIS PERMIT TO GO THROUGH AT LEAST ONE TIME TO SEE IF THE, UH, IF THE STEPS, UH, THAT THE APPLICANT IS, UH, PUTTING IN ARE EFFECTIVE, WHERE THERE'S GONNA BE MORE COMPLAINTS.

BUT, YOU KNOW, IT'S LIKE ONE TIME, UH, IT'S VERY SPORADIC, FOUR HOURS AND, UH, WE AREN'T GONNA, WE AREN'T GOING TO KNOW HOW IT ACTUALLY TURNS OUT UNTIL WE GIVE SOMEBODY A CHANCE TO DEMONSTRATE THAT THEY'RE A GOOD NEIGHBOR.

AND I WOULD LIKE TO SAY AT LEAST ONE OFF DUTY POLICEMAN ON THE PROPERTY WHILE THE EVENT IS OCCURRING.

[00:45:01]

I, I UNDERSTAND THE REASON FOR THAT.

UH, BESIDES THE COST, I, YOU KNOW, I BELIEVE PEOPLE ARE EITHER GONNA ACT RIGHT OR THEY AREN'T GONNA ACT RIGHT.

AND A POLICEMAN HAS SOME IMPACT, BUT NOT NECESSARILY A DOMINANT IMPACT.

SO, WELL, I THINK WE COULD, WE COULD DISCUSS THAT.

THAT'S FINE WITH ME.

UM, FOR THE POLICE OFFICER, I WOULD SAY NOT ONLY FOR THE COST, BUT THE COMPLAINTS FROM THE PAST WEREN'T SOMETHING THAT MAYBE THE POLICE OFFICER COULD STOP.

I MEAN, THERE'S NOT GONNA BE ALCOHOL.

THERE'S NOT GONNA BE FOOD, UM, DIRECTING PARKING $50 AN HOUR TO DIRECT SOMEBODY TO PARK, AND HE HAS EXTRA STAFF ON.

UM, IJII JUST DON'T KNOW IF IT WOULD BE NECESSARY THIS TIME, IF THERE'S PROBLEMS THAT COME UP, MAYBE PEOPLE DRINKING OR SOMETHING, OR, UH, PARKING VIOLATIONS THAT COULD BE DEALT WITH, WITH, FOR FUTURE EVENTS.

BUT THIS EVENT, UM, I, I JUST DON'T KNOW HOW MUCH A POLICE OFFICER WOULD, UM, WOULD HELP ANY OTHER DISCUSSION.

ARE WE READY FOR A MOTION? YES.

I MEAN, THAT'S A GOOD POINT.

THANK YOU.

AS ANY, YOU CAN ADD ANY CONDITION YOU WANT TO THIS.

SO IF YOU WANT TO RESTRICT IT TO MAKE SURE IT'S CLEAR THE TIMEFRAME THAT IT'S 11 TO FIVE OR, OR WHATEVER THE TIMEFRAME MAY BE, YOU CAN ADD ANY CONDITION THAT'S REASONABLE AND ENFORCEABLE TO THIS.

WHAT I HEAR YOU SAYING, THE TIME IS WE NEED TO BE EXPLICIT IN TERMS OF ANY SORT OF CONDITIONS FOR, UH, TIMEFRAME AND NOT OPEN-ENDED.

FOR EXAMPLE, WE'RE WE'RE TALKING ABOUT THE SPECIFIC TIME AND LOCATION IS PRESENTED TO US, CORRECT.

AND THE APPLICATION.

YES.

AND NOT ONGOING.

IS THAT, IS THAT WHAT YOU'RE SAYING? PLUS WE'VE HAD IT NOW ON, UH, ON THE MIC SO WE HAVE A RECORD OF WHAT WE'RE TALKING ABOUT.

OKAY.

I THINK THAT'S, THAT'S A VERY GOOD POINT.

AND THAT'S REALLY WHAT I WAS ALLUDING TO, THAT WE, WE SHOULD, WE SHOULD JUST GIVE IT A TRY.

SO DO PATROL WOULD BE THE PARKING EXTREME.

DO DO WE HAVE, UH, DO WE HAVE A MOTION WHICH SHOULD INCLUDE, UH, UH, BASICALLY A TIMEFRAME AND A LIMIT? UH, I, I'LL MAKE A MOTION FOR, UM, APPROVAL OF THIS SPECIAL EVENTS PERMIT FOR THE DATE OF MAY 18TH FOR THE TIME PERIOD OF 11 TO FIVE.

OKAY.

UH, ANY, UH, DO WE HAVE A SECOND FOR, DO WE HAVE A SECOND FOR THAT? I SECOND WE HAVE A SECOND.

UH, DO WE HAVE A DISCUSSION ON THE MOTION SINCE NOBODY'S SPEAKING UP IT? UH, I THINK WE'RE READY FOR A VOTE.

ALL THOSE IN FAVOR OF, UH, PROVING THE MOTION, UH, SAY AYE.

AYE.

AYE.

ALL THOSE OPPOSED? AYE.

OKAY.

WE HAVE ONE, UH, WE HAVE ONE OPPOSED, AND EVERYBODY ELSE.

SO I THINK THE MOTION PASSED WITH THAT.

UH, I DON'T, I BELIEVE THERE IS NOT ANY OTHER ITEMS ON OUR AGENDA TONIGHT.

AND SO WE COULD HAVE A MOTION TO ADJOURN.

I SECOND A MOTION TO ADJOURN.

, UH, LET'S VOTE.

ALL THOSE IN FAVOR OF ADJOURNING SAY AYE.

AYE.

AYE.

AND THAT IS SOMETHING THAT PASSED UNANIMOUSLY.

SO EVERYBODY HAVE A GOOD EVENING.