WEBVTT 00:00:00.000 --> 00:00:04.599 And then that's for first meeting. And then after 00:00:04.599 --> 00:00:06.950 determining that a quorum is present, the zoning board of 00:00:06.950 --> 00:00:08.300 adjustment of the city of Denton, 00:00:08.300 --> 00:00:12.500 I will now convene in the second of two regular meetings at 00:00:12.500 --> 00:00:14.400 8.55 p.m. 00:00:14.400 --> 00:00:18.000 Should we have the city public on this again? 00:00:18.000 --> 00:00:21.870 It is on the agenda. But it's up to you to change the 00:00:21.870 --> 00:00:22.000 session. 00:00:22.000 --> 00:00:24.199 I feel like since we've done it once tonight, I feel like 00:00:24.199 --> 00:00:26.000 that covers it all for the rest of the day. 00:00:26.000 --> 00:00:27.000 Like swearing in. 00:00:27.000 --> 00:00:29.550 Yeah, yeah, exactly. Like it covers for the rest of the day 00:00:29.550 --> 00:00:31.000 , so I think we're good on that. 00:00:31.000 --> 00:00:34.409 So, item number 2A is consider an appeal of an 00:00:34.409 --> 00:00:37.359 administrative decision regarding the existence of non- 00:00:37.359 --> 00:00:40.549 performing rights for the building addressed as 910 North 00:00:40.549 --> 00:00:42.000 Maypole Road. 00:00:42.000 --> 00:00:44.679 This building is one of four structures located on 00:00:44.679 --> 00:00:48.000 approximately a 3.5 acre property labeled on the east side 00:00:48.000 --> 00:00:50.000 of North Maypole Road, 00:00:50.000 --> 00:00:54.100 approximately 735 feet north of Russell Newman Boulevard in 00:00:54.100 --> 00:00:57.000 the city of Denton, Denton County, Texas. 00:00:57.000 --> 00:01:00.000 The board will now deliberate and decide on the appeal. 00:01:00.000 --> 00:01:02.000 Upon the completion of the board's deliberation, 00:01:02.000 --> 00:01:05.590 the board shall render a non-biased decision based on the 00:01:05.590 --> 00:01:09.000 record and supported by reasons of finding a fact. 00:01:09.000 --> 00:01:12.420 In considering the appeal, this board shall consider the 00:01:12.420 --> 00:01:16.120 facts and information in the zoning compliance plan and the 00:01:16.120 --> 00:01:18.000 staff's written analysis of the appeal, 00:01:18.000 --> 00:01:20.159 the documents of the appeal letter, and testimony presented 00:01:20.159 --> 00:01:21.000 in the public hearing, 00:01:21.000 --> 00:01:23.790 and the board's consideration and evaluation of the 00:01:23.790 --> 00:01:27.000 requirements of the applicable standards from the DDC. 00:01:27.000 --> 00:01:31.849 The board may, we have four options, so we can either 00:01:31.849 --> 00:01:36.000 affirm the director's determination that non-performing 00:01:36.000 --> 00:01:38.000 rights to utilize the subject building 00:01:38.000 --> 00:01:41.189 for proposed uses of outdoor storage, warehouse and 00:01:41.189 --> 00:01:44.370 wholesale facility, low impact manufacturing, or 00:01:44.370 --> 00:01:48.469 administrative, professional, and government offices uses 00:01:48.469 --> 00:01:50.000 do not exist. 00:01:50.000 --> 00:01:53.500 Thereby, requiring the owner to utilize the subject 00:01:53.500 --> 00:01:57.120 building for a use permitted within the RR district or 00:01:57.120 --> 00:02:00.090 apply to rezone the property to a district that permits the 00:02:00.090 --> 00:02:01.000 desired uses. 00:02:01.000 --> 00:02:04.590 Option two is reverse the director's determination in whole 00:02:04.590 --> 00:02:08.150 or in part. A reversal in part should contain findings of 00:02:08.150 --> 00:02:12.000 fact related to which of the proposed non-performing uses 00:02:12.000 --> 00:02:15.229 the board finds have legal right to continue in the subject 00:02:15.229 --> 00:02:18.460 building. Option three is to amend or modify the director's 00:02:18.460 --> 00:02:21.000 decision or interpretation 00:02:21.000 --> 00:02:25.139 regarding the existence of non-performing rights for the 00:02:25.139 --> 00:02:28.000 subject building and/or, and this is option four, 00:02:28.000 --> 00:02:31.599 attach conditions of approval to ensure the health, safety, 00:02:31.599 --> 00:02:33.000 and welfare of the city. 00:02:33.000 --> 00:02:36.169 In your deliberation, consider the appellant's basis for 00:02:36.169 --> 00:02:41.000 the appeal and staff's analysis/response to the appellant's 00:02:41.000 --> 00:02:45.000 claim that the land use determination of high impact 00:02:45.000 --> 00:02:47.000 manufacturing is not that good. 00:02:47.000 --> 00:02:49.659 I don't think I was supposed to go that far. All right, I 00:02:49.659 --> 00:02:55.000 think we're good there. So, now it's time for deliberation. 00:02:58.000 --> 00:03:04.580 Well, I guess I can lead us into it. I guess my biggest 00:03:04.580 --> 00:03:10.069 concern is that pretty much that the appellant hasn't 00:03:10.069 --> 00:03:13.000 really brought forth too much evidence in their case. 00:03:13.000 --> 00:03:16.099 And there's a lot. And while, you know, they took a witness 00:03:16.099 --> 00:03:19.139 stand, so I have no doubt what they're saying is true. We 00:03:19.139 --> 00:03:22.699 just don't have any evidence to back up what they're saying 00:03:22.699 --> 00:03:23.000 . 00:03:23.000 --> 00:03:27.650 Yeah, it is the tools on this board. It's like, we don't 00:03:27.650 --> 00:03:32.389 like, I would take an interior photo. That would have been 00:03:32.389 --> 00:03:37.719 enough for me to vote, to get, like, to vote for the appeal 00:03:37.719 --> 00:03:47.460 , but there's just not. Yeah. Yeah. I can't vote. Yeah, I 00:03:47.460 --> 00:03:50.000 vote for it. 00:03:50.000 --> 00:03:59.710 Okay, so we can either deliberate further or we can have a 00:03:59.710 --> 00:04:06.039 motion to, I would say, affirm the director's determination 00:04:06.039 --> 00:04:10.419 that not conforming rights to utilize the subject building 00:04:10.419 --> 00:04:13.150 for proposed uses of outdoor storage, warehouse and 00:04:13.150 --> 00:04:15.189 wholesale facility, low impact manufacturing, or 00:04:15.189 --> 00:04:18.199 administrative, professional, and government office uses do 00:04:18.199 --> 00:04:19.000 not exist. 00:04:19.000 --> 00:04:22.720 Thereby, we're driving the owner to utilize the subject 00:04:22.720 --> 00:04:26.230 building for a use permitted within the RR district or 00:04:26.230 --> 00:04:29.810 apply to rezone the property to a district that permits 00:04:29.810 --> 00:04:31.000 those uses. 00:04:31.000 --> 00:04:36.420 Did you make a motion or your answer? Yes, this is a motion 00:04:36.420 --> 00:04:37.000 . 00:04:37.000 --> 00:04:41.000 I'll second that motion. 00:04:41.000 --> 00:04:45.040 All right. All right. Are there, I guess, before we take it 00:04:45.040 --> 00:04:48.730 to a vote, is there any other further deliberation to make 00:04:48.730 --> 00:04:50.000 on this motion? 00:04:50.000 --> 00:04:55.000 Okay. Hearing none, I guess we'll go forward with the vote. 00:04:55.000 --> 00:04:59.050 So just to clarify, we're voting to affirm the city's 00:04:59.050 --> 00:05:01.000 decision to not grant. 00:05:01.000 --> 00:05:06.470 Correct. Okay. All in favor, raise your hand and say aye. 00:05:06.470 --> 00:05:12.740 Aye. All opposed, raise your hand and say nay. Okay. The a 00:05:12.740 --> 00:05:15.000 yes have it. 00:05:15.000 --> 00:05:34.329 Okay. Okay. Concluding items. Having, okay. Okay. Our next 00:05:34.329 --> 00:05:36.629 item on the agenda is concluding items. Are there any 00:05:36.629 --> 00:05:38.000 concluding items for tonight? 00:05:38.000 --> 00:05:47.000 Okay. Hearing none, I adjourn the meeting at 9.01 PM.