And then that's for first meeting. And then after
determining that a quorum is present, the zoning board of
adjustment of the city of Denton,
I will now convene in the second of two regular meetings at
8.55 p.m.
Should we have the city public on this again?
It is on the agenda. But it's up to you to change the
session.
I feel like since we've done it once tonight, I feel like
that covers it all for the rest of the day.
Like swearing in.
Yeah, yeah, exactly. Like it covers for the rest of the day
, so I think we're good on that.
So, item number 2A is consider an appeal of an
administrative decision regarding the existence of non-
performing rights for the building addressed as 910 North
Maypole Road.
This building is one of four structures located on
approximately a 3.5 acre property labeled on the east side
of North Maypole Road,
approximately 735 feet north of Russell Newman Boulevard in
the city of Denton, Denton County, Texas.
The board will now deliberate and decide on the appeal.
Upon the completion of the board's deliberation,
the board shall render a non-biased decision based on the
record and supported by reasons of finding a fact.
In considering the appeal, this board shall consider the
facts and information in the zoning compliance plan and the
staff's written analysis of the appeal,
the documents of the appeal letter, and testimony presented
in the public hearing,
and the board's consideration and evaluation of the
requirements of the applicable standards from the DDC.
The board may, we have four options, so we can either
affirm the director's determination that non-performing
rights to utilize the subject building
for proposed uses of outdoor storage, warehouse and
wholesale facility, low impact manufacturing, or
administrative, professional, and government offices uses
do not exist.
Thereby, requiring the owner to utilize the subject
building for a use permitted within the RR district or
apply to rezone the property to a district that permits the
desired uses.
Option two is reverse the director's determination in whole
or in part. A reversal in part should contain findings of
fact related to which of the proposed non-performing uses
the board finds have legal right to continue in the subject
building. Option three is to amend or modify the director's
decision or interpretation
regarding the existence of non-performing rights for the
subject building and/or, and this is option four,
attach conditions of approval to ensure the health, safety,
and welfare of the city.
In your deliberation, consider the appellant's basis for
the appeal and staff's analysis/response to the appellant's
claim that the land use determination of high impact
manufacturing is not that good.
I don't think I was supposed to go that far. All right, I
think we're good there. So, now it's time for deliberation.
Well, I guess I can lead us into it. I guess my biggest
concern is that pretty much that the appellant hasn't
really brought forth too much evidence in their case.
And there's a lot. And while, you know, they took a witness
stand, so I have no doubt what they're saying is true. We
just don't have any evidence to back up what they're saying
.
Yeah, it is the tools on this board. It's like, we don't
like, I would take an interior photo. That would have been
enough for me to vote, to get, like, to vote for the appeal
, but there's just not. Yeah. Yeah. I can't vote. Yeah, I
vote for it.
Okay, so we can either deliberate further or we can have a
motion to, I would say, affirm the director's determination
that not conforming rights to utilize the subject building
for proposed uses of outdoor storage, warehouse and
wholesale facility, low impact manufacturing, or
administrative, professional, and government office uses do
not exist.
Thereby, we're driving the owner to utilize the subject
building for a use permitted within the RR district or
apply to rezone the property to a district that permits
those uses.
Did you make a motion or your answer? Yes, this is a motion
.
I'll second that motion.
All right. All right. Are there, I guess, before we take it
to a vote, is there any other further deliberation to make
on this motion?
Okay. Hearing none, I guess we'll go forward with the vote.
So just to clarify, we're voting to affirm the city's
decision to not grant.
Correct. Okay. All in favor, raise your hand and say aye.
Aye. All opposed, raise your hand and say nay. Okay. The a
yes have it.
Okay. Okay. Concluding items. Having, okay. Okay. Our next
item on the agenda is concluding items. Are there any
concluding items for tonight?
Okay. Hearing none, I adjourn the meeting at 9.01 PM.