1 00:00:00,000 --> 00:00:04,599 And then that's for first meeting. And then after 2 00:00:04,599 --> 00:00:06,950 determining that a quorum is present, the zoning board of 3 00:00:06,950 --> 00:00:08,300 adjustment of the city of Denton, 4 00:00:08,300 --> 00:00:12,500 I will now convene in the second of two regular meetings at 5 00:00:12,500 --> 00:00:14,400 8.55 p.m. 6 00:00:14,400 --> 00:00:18,000 Should we have the city public on this again? 7 00:00:18,000 --> 00:00:21,870 It is on the agenda. But it's up to you to change the 8 00:00:21,870 --> 00:00:22,000 session. 9 00:00:22,000 --> 00:00:24,199 I feel like since we've done it once tonight, I feel like 10 00:00:24,199 --> 00:00:26,000 that covers it all for the rest of the day. 11 00:00:26,000 --> 00:00:27,000 Like swearing in. 12 00:00:27,000 --> 00:00:29,550 Yeah, yeah, exactly. Like it covers for the rest of the day 13 00:00:29,550 --> 00:00:31,000 , so I think we're good on that. 14 00:00:31,000 --> 00:00:34,409 So, item number 2A is consider an appeal of an 15 00:00:34,409 --> 00:00:37,359 administrative decision regarding the existence of non- 16 00:00:37,359 --> 00:00:40,549 performing rights for the building addressed as 910 North 17 00:00:40,549 --> 00:00:42,000 Maypole Road. 18 00:00:42,000 --> 00:00:44,679 This building is one of four structures located on 19 00:00:44,679 --> 00:00:48,000 approximately a 3.5 acre property labeled on the east side 20 00:00:48,000 --> 00:00:50,000 of North Maypole Road, 21 00:00:50,000 --> 00:00:54,100 approximately 735 feet north of Russell Newman Boulevard in 22 00:00:54,100 --> 00:00:57,000 the city of Denton, Denton County, Texas. 23 00:00:57,000 --> 00:01:00,000 The board will now deliberate and decide on the appeal. 24 00:01:00,000 --> 00:01:02,000 Upon the completion of the board's deliberation, 25 00:01:02,000 --> 00:01:05,590 the board shall render a non-biased decision based on the 26 00:01:05,590 --> 00:01:09,000 record and supported by reasons of finding a fact. 27 00:01:09,000 --> 00:01:12,420 In considering the appeal, this board shall consider the 28 00:01:12,420 --> 00:01:16,120 facts and information in the zoning compliance plan and the 29 00:01:16,120 --> 00:01:18,000 staff's written analysis of the appeal, 30 00:01:18,000 --> 00:01:20,159 the documents of the appeal letter, and testimony presented 31 00:01:20,159 --> 00:01:21,000 in the public hearing, 32 00:01:21,000 --> 00:01:23,790 and the board's consideration and evaluation of the 33 00:01:23,790 --> 00:01:27,000 requirements of the applicable standards from the DDC. 34 00:01:27,000 --> 00:01:31,849 The board may, we have four options, so we can either 35 00:01:31,849 --> 00:01:36,000 affirm the director's determination that non-performing 36 00:01:36,000 --> 00:01:38,000 rights to utilize the subject building 37 00:01:38,000 --> 00:01:41,189 for proposed uses of outdoor storage, warehouse and 38 00:01:41,189 --> 00:01:44,370 wholesale facility, low impact manufacturing, or 39 00:01:44,370 --> 00:01:48,469 administrative, professional, and government offices uses 40 00:01:48,469 --> 00:01:50,000 do not exist. 41 00:01:50,000 --> 00:01:53,500 Thereby, requiring the owner to utilize the subject 42 00:01:53,500 --> 00:01:57,120 building for a use permitted within the RR district or 43 00:01:57,120 --> 00:02:00,090 apply to rezone the property to a district that permits the 44 00:02:00,090 --> 00:02:01,000 desired uses. 45 00:02:01,000 --> 00:02:04,590 Option two is reverse the director's determination in whole 46 00:02:04,590 --> 00:02:08,150 or in part. A reversal in part should contain findings of 47 00:02:08,150 --> 00:02:12,000 fact related to which of the proposed non-performing uses 48 00:02:12,000 --> 00:02:15,229 the board finds have legal right to continue in the subject 49 00:02:15,229 --> 00:02:18,460 building. Option three is to amend or modify the director's 50 00:02:18,460 --> 00:02:21,000 decision or interpretation 51 00:02:21,000 --> 00:02:25,139 regarding the existence of non-performing rights for the 52 00:02:25,139 --> 00:02:28,000 subject building and/or, and this is option four, 53 00:02:28,000 --> 00:02:31,599 attach conditions of approval to ensure the health, safety, 54 00:02:31,599 --> 00:02:33,000 and welfare of the city. 55 00:02:33,000 --> 00:02:36,169 In your deliberation, consider the appellant's basis for 56 00:02:36,169 --> 00:02:41,000 the appeal and staff's analysis/response to the appellant's 57 00:02:41,000 --> 00:02:45,000 claim that the land use determination of high impact 58 00:02:45,000 --> 00:02:47,000 manufacturing is not that good. 59 00:02:47,000 --> 00:02:49,659 I don't think I was supposed to go that far. All right, I 60 00:02:49,659 --> 00:02:55,000 think we're good there. So, now it's time for deliberation. 61 00:02:58,000 --> 00:03:04,580 Well, I guess I can lead us into it. I guess my biggest 62 00:03:04,580 --> 00:03:10,069 concern is that pretty much that the appellant hasn't 63 00:03:10,069 --> 00:03:13,000 really brought forth too much evidence in their case. 64 00:03:13,000 --> 00:03:16,099 And there's a lot. And while, you know, they took a witness 65 00:03:16,099 --> 00:03:19,139 stand, so I have no doubt what they're saying is true. We 66 00:03:19,139 --> 00:03:22,699 just don't have any evidence to back up what they're saying 67 00:03:22,699 --> 00:03:23,000 . 68 00:03:23,000 --> 00:03:27,650 Yeah, it is the tools on this board. It's like, we don't 69 00:03:27,650 --> 00:03:32,389 like, I would take an interior photo. That would have been 70 00:03:32,389 --> 00:03:37,719 enough for me to vote, to get, like, to vote for the appeal 71 00:03:37,719 --> 00:03:47,460 , but there's just not. Yeah. Yeah. I can't vote. Yeah, I 72 00:03:47,460 --> 00:03:50,000 vote for it. 73 00:03:50,000 --> 00:03:59,710 Okay, so we can either deliberate further or we can have a 74 00:03:59,710 --> 00:04:06,039 motion to, I would say, affirm the director's determination 75 00:04:06,039 --> 00:04:10,419 that not conforming rights to utilize the subject building 76 00:04:10,419 --> 00:04:13,150 for proposed uses of outdoor storage, warehouse and 77 00:04:13,150 --> 00:04:15,189 wholesale facility, low impact manufacturing, or 78 00:04:15,189 --> 00:04:18,199 administrative, professional, and government office uses do 79 00:04:18,199 --> 00:04:19,000 not exist. 80 00:04:19,000 --> 00:04:22,720 Thereby, we're driving the owner to utilize the subject 81 00:04:22,720 --> 00:04:26,230 building for a use permitted within the RR district or 82 00:04:26,230 --> 00:04:29,810 apply to rezone the property to a district that permits 83 00:04:29,810 --> 00:04:31,000 those uses. 84 00:04:31,000 --> 00:04:36,420 Did you make a motion or your answer? Yes, this is a motion 85 00:04:36,420 --> 00:04:37,000 . 86 00:04:37,000 --> 00:04:41,000 I'll second that motion. 87 00:04:41,000 --> 00:04:45,040 All right. All right. Are there, I guess, before we take it 88 00:04:45,040 --> 00:04:48,730 to a vote, is there any other further deliberation to make 89 00:04:48,730 --> 00:04:50,000 on this motion? 90 00:04:50,000 --> 00:04:55,000 Okay. Hearing none, I guess we'll go forward with the vote. 91 00:04:55,000 --> 00:04:59,050 So just to clarify, we're voting to affirm the city's 92 00:04:59,050 --> 00:05:01,000 decision to not grant. 93 00:05:01,000 --> 00:05:06,470 Correct. Okay. All in favor, raise your hand and say aye. 94 00:05:06,470 --> 00:05:12,740 Aye. All opposed, raise your hand and say nay. Okay. The a 95 00:05:12,740 --> 00:05:15,000 yes have it. 96 00:05:15,000 --> 00:05:34,329 Okay. Okay. Concluding items. Having, okay. Okay. Our next 97 00:05:34,329 --> 00:05:36,629 item on the agenda is concluding items. Are there any 98 00:05:36,629 --> 00:05:38,000 concluding items for tonight? 99 00:05:38,000 --> 00:05:47,000 Okay. Hearing none, I adjourn the meeting at 9.01 PM.