[00:00:11]
MUCH BETTER.[I.CALL TO ORDER]
GOOD TIME OUT HERE.ALRIGHT, GOOD EVENING AND WELCOME EVERYBODY TO THE, UH, BENBROOK ZONING BOARD OF ADJUSTMENT AND APPEALS COMMISSION MEETING FOR TUESDAY, JULY THE 25TH, UH, 2023.
THE TIME IS NOW 7 31 AND WE ARE GETTING FOR, UH, GOING FORWARD WITH OUR REGULARLY SCHEDULED MEETING.
UM, SO AT THIS TIME, I'D LIKE TO CALL THE
[II.CITIZEN COMMENTS ON ANY AGENDA ITEM]
MEETING TO ORDER AND OPEN UP THE MICROPHONE FOR ANY CITIZEN COMMENTS ON THE AGENDA ITEM THAT IS HERE FOR TODAY.UH, ANY COMMENT WILL BE LIMITED TO TWO MINUTES PER, UH, PARTICIPANT.
GIVEN THAT I DON'T SEE ANY PARTICIPANTS FROM THE CITIZENRY AT THIS POINT IN TIME, WE WILL MOVE ON TO THE ZONING BOARD OF ADJUSTMENT ASPECT OF THE MEETING.
UH, I'D LIKE TO OPEN THAT UP AND IT APPEARS AT THIS JUNCTURE THAT WE DO NOT HAVE ANY AGENDA ITEMS FOR THIS EVENING.
SO I WILL CLOSE THAT ASPECT OF THE MEETING, UH, THIS EVENING AND WE WILL MOVE ON.
ALTHOUGH THAT IS NOT ADJOURNED AT THIS JUNCTURE.
UH, THE APPEALS COMMISSION THIS EVENING, UH, HAS TWO ITEMS. UH, THE FIRST ITEM
[III.MINUTES OF THE ZONING BOARD OF ADJUSTMENT AND APPEALS COMMISSION]
IS THE MINUTES, UH, FROM OUR JUNE 27TH, 2023 MEETING.UM, HAVE ALL THE MEMBERS OF THE, UH, APPEALS COMMISSION HAD AN OPPORTUNITY TO REVIEW THOSE? MM-HMM
UM, ANYBODY LIKE TO MAKE ANY MOTIONS? MS. SOWELL? YES, I MOVE THAT WE APPROVE THE MINUTES AS PRESENTED OF THE ZONING BOARD OF ADJUSTMENT AND APPEALS COMMISSION MEETING HELD ON JUNE 27TH, 2023 WITH A NOTE THAT THERE ARE SOME, UM, PLACES WHERE THE, UM, MICROPHONE HAD A TECHNICAL ISSUE AND IT DOES REFLECT THAT THERE WERE, UH, AREAS NOT HEARD AS IN AUDIBLE.
UM, BEFORE I CALL A QUESTION ON THAT, WOULD YOU BE WILLING TO ACCEPT A FRIENDLY AMENDMENT? YES.
UH, AND THE FRIENDLY AMENDMENT THAT I WOULD LIKE TO MAKE IS THAT, UM, WHEN WE OPENED UP THE PROCEEDINGS, WE REFERENCED, UH, THE RULES, UH, OF PROCEDURE AND SPECIFICALLY WE READ INTO THE RECORD, UH, THE REQUIREMENTS FOR A QUORUM THAT ARE CONTAINED ON SECTION FOUR D.
UM, AND MY FRIENDLY AMENDMENT IS, IS THAT THAT, UH, SPECIFIC PROVISION BE ACTUALLY INCLUDED INTO THE MINUTES, UH, AS YOU HAVE DESCRIBED THEM.
SO, UM, WITH THAT FRIENDLY AMENDMENT, I WILL CALL THE QUESTION.
UH, DO I HAVE A SECOND ON THAT? I'LL SECOND IT.
SO NOW, UM, WE HAVE A MOTION TO ACCEPT THE ADJUSTED MINUTES AND WE HAVE A SECOND.
SO I WILL CALL THE QUESTION, EVERYBODY PLEASE VOTE.
THE MOTION CARRIES UNANIMOUSLY.
[IV. REPORTS BY CITY STAFF - APPEALS COMMISSION]
THE SECOND AGENDA ITEM THIS EVENING, WHICH IS AGENDA ITEM AC DASH 23 DASH ZERO TWO, UH, WHICH IS A CONSIDERATION OF A REQUEST TO DEMOLISH ALL STRUCTURES AND OTHER IMPROVEMENTS LOCATED AT 1 0 4 COSBY STREET, SOUTH, BENBROOK, TEXAS 7 6 1 2 6, UH, AND LEGALLY DESCRIBED AS LOT A BLOCK EIGHT BENBROOK LAKESIDE EDITION FIRST REVISION.UH, THE PROPERTY IS IN VIOLATION OF CHAPTER 15.44, WHICH IS DANGEROUS AND SUBSTANDARD BUILDINGS TITLE 15 OF THE BENBROOK MUNICIPAL CODE.
UH, THE PROPERTY IS ZONED B UH, FOR A ONE FAMILY DISTRICT.
[00:05:02]
WE HAVE FOUR MEMBERS OF THE APPEALS COMMISSION PRESENT.UH, AND DO WE HAVE THE PROPERTY OWNER HERE? YES, MA'AM.
WOULD YOU PLEASE GO TO THE PODIUM? MA'AM, AT THIS JUNCTURE, WOULD YOU PLEASE STATE YOUR NAME AND YOUR ADDRESS? MY NAME IS PADILLA.
HE AND I LIVE ON 53 10 STONEGATE ROAD, DALLAS, TEXAS.
AND ARE YOU THE PROPERTY OWNER OF THE PROPERTY THAT'S, UH, AT SUBJECT OF THE, UH, APPEALS COMMISSION AGENDA ITEM THIS EVENING? YES, SIR.
WHAT I WOULD LIKE TO DO IS MAKE YOU AWARE OF A RULE OF PROCEDURE FOR THE BOARD OF ADJUSTMENT AND THE APPEALS COMMISSION SPECIFICALLY, UH, UNDER MEETINGS, WHICH IS SECTION FOUR D QUORUM.
AND WHAT THAT SAYS IS THAT A QUORUM OF THE BOARD, UH, UH, OR COMMISSION SHALL CONSIST OF FOUR MEMBERS, BUT THE BOARD OR COMMISSION SHALL NOT ACT ON ANY QUESTION RELATING TO AN APPEAL FROM ANY DECISION OF AN ADMINISTRATIVE OFFICIAL OR UPON VARIANCE OR SPECIAL EXCEPTION UNLESS THERE ARE AT LEAST FIVE MEMBERS PRESENT.
THE REQUIREMENT FOR FIVE MEMBERS MAY BE WAIVED BY THE APPLICANT, BUT IN NO CASE SHALL LESS THAN FOUR MEMBERS HEAR AN APPEAL OR REQUEST FOR VARIANCE OR SPECIAL EXCEPTION PROVIDED A QUORUM IS PRESENT AND IN THE ABSENCE, THE CHAIR AND VICE CHAIR, THE ADMINISTRATIVE OFFICIAL SHALL CALL THE MEETING TO ORDER FOR THE IMMEDIATE AND SINGLE PURPOSE OF SELECTING A TEMPORARY PRESIDING OFFICER.
TEMPORARY CHAIR PRESIDING OFFICER SHALL CONDUCT THE BALANCE OF THE MEETING.
ESSENTIALLY WHAT THIS SAYS, MA'AM, IS YOU AS THE APPLICANT HERE, WELL YOU RESPONDING TO A CITY OFFICIAL'S, UM, ORDER AND AS AN APPEAL HAVE THE OPTION TO GO FORWARD WITH THE MEETING TONIGHT WITH A QUORUM OF FOUR, OR YOU HAVE THE OPTION TO POSTPONE THIS MEETING.
WAIT TILL WE HAVE FIVE TO MAKE A DECISION.
WHAT WOULD YOU LIKE TO DO? I'D LIKE TO WAIVE IT AND POSTPONE.
UM, GIVEN THAT YOU HAVE INDICATED THAT YOU WOULD LIKE TO POSTPONE THE MEETING AND YOU ARE WITHIN YOUR RIGHT TO DO SO, UH, THE AGENDA ITEM FOR THIS EVENING, UH, WHICH IS AC DASH 23 DASH ZERO TWO, WILL BE POSTPONED, UM, CITY OFFICIALS.
DO WE HAVE A TIME THAT, UH, YOU WOULD RECOMMEND THAT WE POSTPONE THIS TO? UH, I WOULD RECOMMEND, UH, MOVING TO THE NEXT RECORD MEETING OUTTA THE DBA APPEALS COMMISSION, UH, TUESDAY, AUGUST 22ND.
THEN AS THE COMMISSION HEAD HERE, MA'AM, UM, I'M GOING TO PUT THAT ON THE AGENDA.
SO, UM, THAT IS WHEN YOUR ITEM, UH, WILL BE RECONVENED UNTIL, OKAY, MR. CHAIR? YES.
OKAY, LET ME, LEMME GO AHEAD AND RESTATE THAT SO WE CAN GET IT ON THE RECORD.
SO THE, UH, THE NEXT REGULAR SCHEDULED MEETING OF THE, UH, ZONING BOARD OF ADJUSTMENT AND APPEALS COMMISSION IS, UH, TUESDAY, UH, UH, AUGUST 22ND.
UM, AND WE WOULD HAVE THE PRE-SESSION BEGINNING AT 7:00 PM AND THE REGULAR PUBLIC HEARING BEGINNING AT 7:30 PM OKAY.
MA'AM, DO YOU UNDERSTAND THAT, UH, THIS AGENDA ITEM AC DASH 23 DASH TWO WILL BE POSTPONED UNTIL THAT TIME? YES, SIR.
AND I HAVE ONE, UH, I HAVE A COMMENT.
I WOULD LIKE TO UPDATE MY NEW ADDRESS BECAUSE I'M ALWAYS HAVING YOU DO A GOOD JOB ABOUT UPDATING ME VIA EMAIL AND IF THERE'S ANY OTHER NOTICES, WOULD YOU LIKE TO DO THAT ON THE RECORD OR WOULD YOU LIKE TO DO IT AFTERWARDS? YOU COULD TALK TO THE CITY REPRESENTATIVE IF YOU HAVE A FEW MINUTES AFTER THE HEARING.
I'D BE MORE THAN HAPPY TO CHAT WITH YOU ABOUT SOME DIFFERENT THINGS.
WELL, IF YOU CAN HANG JUST A FEW MINUTES, I, I CAN CHAT WITH YOU.
UH, GIVEN THAT OUR AGENDA ITEM HAS BEEN POSTPONED FOR THIS EVENING, UH, ARE THERE ANY
[V. REPORTS BY CITY STAFF - ZONING BOARD OF ADJUSTMENT]
OTHER ITEMS THAT NEED TO BE ADDRESSED BY, UH, THE APPEALS COMMISSION? ALL[VI. ADJOURNMENT]
RIGHT.THAT AT THIS TIME THEN I WILL ALLOW THE, UH, ZONING BOARD OF ADJUSTMENT AND THE APPEALS COMMISSION TO STAND IN ADJOURNMENT.