[I. Chairperson’s Opening Remarks ]
[00:00:07]
BOARD MEMBERS. WE'RE GOING TO GO AHEAD AND START. WE WILL HAVE TO HAVE SOMEONE CHAIR THE MEETING SINCE THIS IS OUR FIRST TIME MEETING. WE WILL NEED SOMEONE TO CHAIR THE MEETING.
AND WE WILL ALSO NEED TO VOTE ON CHAIR AND CO-CHAIR. ANY VOLUNTEERS ON CHAIRING THE MEETING? I CAN WALK YOU THROUGH IT AND MAKE IT AS EASY AS POSSIBLE. PRINCIPAL CHAIR, COME ON, Y'ALL, GET UP AT ONE. I PROMISE I WILL WALK YOU THROUGH IT. OKAY. SO CAN SOMEONE MAKE A MOTION FOR MR. KAREEM NELSON TO CHAIR THE MEETING? OKAY. ALRIGHTY. SO IT HAS BEEN SECONDED. AND MR. KAREEM NELSON WILL CHAIR THIS MEETING. AND NOW WE NEED TO VOTE ON A CHAIR AND CO-CHAIR. ANY MOTIONS ON ANY NOMINATIONS? THERE'S A LIST OF THE BOARD MEMBERS NAME ON THE AGENDA. THE WHERE IT SAYS ALL THE ITEMS ARE LISTED. RIGHT NOW WE DO HAVE TWO ABSENT MR. LANGSTON ADAMS AND ANTHONY ALBERT. ANYONE? WE CAN TABLE IT. MA'AM? MR. MR. LOPEZ SO WE HAVE A MOTION ON THE FLOOR FOR MR. LOPEZ TO BE THE CHAIRMAN FOR THE ZONING BOARD OF ADJUSTMENTS AND APPEALS. ANY SECONDS. WE HAVE A SECOND. SO, MR. LOPEZ, YOU ARE OUR NEW CHAIRMAN. CAN WE GET A MOTION FOR A CO CHAIR? MOTION? MR. NELSON? CAN WE GET A SECOND? SECOND. OKAY, MR. LOPEZ. IT HAS BEEN SECONDED AND PASSED THAT. MR. NELSON IS OUR CO CHAIR FOR THE ZONING BOARD OF ADJUSTMENTS AND APPEALS. ALL RIGHTY. MR. LOPEZ, DO YOU KARIM, FOR TODAY, YOU CAN GO AHEAD AND CHAIR THE MEETING. SO YOU JUST TAKE THE YOU LOOK AT THE AGENDA AND YOU JUST FOLLOW IT. FOR THE FIRST ROMAN NUMERAL JUST WELCOME EVERYONE. JUST SAY WELCOME. FIRST. WANT TO WELCOME EVERYBODY OUT TONIGHT TELLING HIM WHAT HE DOES IN THE MEETING. THANK YOU FOR YOUR TIME.
TONIGHT AND HOPEFULLY WE'RE ABLE TO MOVE THROUGH THE AGENDA ACCORDINGLY. HOPEFULLY WE'RE ABLE TO MOVE THROUGH THE AGENDA ACCORDINGLY AND EFFICIENTLY SO THAT WE CAN GET THE BUSINESS OF THE COMMITTEE COMPLETED. ALL RIGHT. THANK YOU, MR. NELSON. CAN I HAVE A CALL TO ORDER? SO
[II. Call to Order]
NOW WE'LL CALL THIS MEETING TO ORDER. YES, SIR. IF I CAN MENTION A TIME. 5:32 P.M. WE DON'T HAVE ANY MINUTES TO APPROVE. YOU CAN DO THE ROLL CALL, BUT WE WILL DO A ROLL CALL OF THOSE COMMITTEE MEMBERS THAT ARE PRESENT. SO WHEN I CALL YOUR NAME, YOU WILL SAY PRESENT. MRS. ALICE WASHINGTON PRESS. MR. CHRIS LOPEZ PRESENT AND MR. IS IT DAVID BELL BALL? I'M SORRY, I READ IT. MR. DAVID BALL PRESENT. AND MYSELF KAREEM NELSON. LET THE RECORD SHOW THAT WE DO HAVE A QUORUM. ALRIGHTY. WE DON'T HAVE ANY UNFINISHED BUSINESS. AND SO[VI. NEW BUSINESS - PUBLIC HEARING ITEMS (INDIVIDUAL CONSIDERATION)]
WE'LL MOVE TO THE NEXT THING ON THE AGENDA, WHICH IS NEW BUSINESS, PUBLIC HEARING ITEMS, INDIVIDUAL CONSIDERATION. THE VARIANCE REQUESTED. OR AM I READING ALL OF THAT? YES, SIR.WE CAN JUST READ FOR B 2601. OKAY. SO FOR B260V2601. YES. THANK YOU SO MUCH. BOARD MEMBER NELSON CASE NUMBER V 2601. THIS IS A REQUEST FOR A VARIANCE. SO BOARD MEMBERS, I HAVE GIVEN YOU SOME SUPPLEMENTAL DOCUMENTATION JUST TO WALK YOU THROUGH THE PROCESS. WE'VE ALREADY I'M SURE YOU GUYS ARE AWARE OF YOUR PURPOSE ON THE BOARD. THE ZONING BOARD OF ADJUSTMENTS AND APPEALS IS APPOINTED TO HEAR AND DECIDE APPEALS AND REQUESTS FOR VARIANCES FROM THE TERMS OF THE ZONING ORDINANCE. THE BOARD ENSURES THAT THE SPIRIT OF THE ORDINANCE IS OBSERVED, PUBLIC SAFETY IS PROTECTED AND PRACTICAL DIFFICULTIES ARE ADDRESSED FAIRLY AND REASONABLY.
[00:05:04]
OUR AUTHORITY. WE DO FOLLOW TEXAS LOCAL GOVERNMENT CODE TO 11 AND TO 11.008, WHERE YOU WILL FIND ALL OF THIS INFORMATION AND OUR OWN ORDINANCE. APPENDIX A THE ZONING ORDINANCE. AS YOU KNOW, WE DO HAVE OUR MEMBERS AND IT TAKES. THREE TO HAVE A QUORUM.IF YOU NEED TO CONTACT US, CONTACT US ANY TIME. I DID PUT MY INFORMATION HERE FOR STAFF CONTACT. AND THE MEETING IS FLOWING AS FOLLOWS. SO WE'RE GOOD THERE. BUT THE MAIN FOUR CRITERIA FINDINGS IS WHAT WE'RE FOCUSED ON TODAY. IN DECIDING A VARIANCE OR APPEAL. THE BOARD MUST FIND THAT, NUMBER ONE, SPECIAL CIRCUMSTANCES. THERE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS APPLYING TO THE LAND OR BUILDINGS FOR WHICH THE VARIANCE IS SOUGHT, WHICH DO NOT APPLY GENERALLY TO OTHER LAND OR BUILDINGS IN THE SAME DISTRICT. NUMBER TWO, NOT SELF-CREATED. THE SPECIAL CIRCUMSTANCES OR CONDITIONS ARE NOT THE RESULT OF THE ACTIONS OF THE APPLICANT. NUMBER THREE, HARDSHIP GRANTING THE VARIANCE WILL NOT BE CONTRARY TO THE PUBLIC INTEREST AND WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ZONING ORDINANCE.
AND NUMBER FOUR, MINIMUM NECESSARY. THE VARIANCE IS THE MINIMUM NECESSARY TO AFFORD RELIEF. IT WILL NOT SUBSTANTIALLY ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. AND AGAIN, THE AUTHORITY IS LOCATED. THIS INFORMATION IS LOCATED IN TEXAS.
LOCAL GOVERNMENT CODE 211.009 B1C. CHAPTER 211 SUBCHAPTER D THE ZONING BOARD OF ADJUSTMENTS.
WE DID PROVIDE A RUBRIC HERE. SO AS WE'RE GOING THROUGH THE REPORT AND WE'RE FINDING INFORMATION, YOU JUST FILL OUT THIS RUBRIC AND SEE IF IT ANSWERS THE QUESTION YES OR NO.
OF THE FOUR MAIN CRITERIA THAT I NAMED BEFORE AND THE TYPES OF DECISIONS YOU CAN MAKE OR APPROVE, APPROVE WITH CONDITIONS OR DENY. IF THIS APPEAL, IF THIS IS DENIED, THEN MR. HETCH DOES HAVE THE RIGHT TO APPEAL THE PROCESS. AUTHORITY, TEXAS LOCAL GOVERNMENT CODE 211.009 G THE RIGHT OF APPEAL. A PERSON AGGRIEVED BY A DECISION OF THE ZONING BOARD OF ADJUSTMENTS AND APPEALS MAY APPEAL TO A COURT. COMPETENT COURT OF COMPETENT JURISDICTION. JURISDICTION. MY APOLOGIES. THE STEPS TO THE APPEAL. NUMBER ONE FILE A PETITION FOR REVIEW FILED IN THE DISTRICT COURT OF JEFFERSON COUNTY, TEXAS, WITHIN 30 DAYS.
AGAIN, THIS IS THAT IS, IF IT'S DENIED OF THE DATE, THE WRITTEN DECISION IS FILED WITH THE CITY SECRETARY. NUMBER TWO SERVE NOTICE SERVE ALL PARTIES OF RECORD, INCLUDING THE CITY, THE BOARD AND OTHER AFFECTED PARTIES. AND THEN THREE, COURT REVIEW. THE COURT REVIEWS THE RECORD TO DETERMINE IF THE BOARD'S DECISION WAS ILLEGAL, ARBITRARY OR AN ABUSE OF DISCRETION. THE FILING. THIS IS A NOTE. THE FILING OF AN APPEAL DOES NOT STATE THE EFFECT OF THE BOARD'S DECISION UNLESS A STAY IS GRANTED BY THE COURT. IF APPROVED, ACCORDING TO TEXAS LOCAL GOVERNMENT CODE 211.009 E, THE EFFECT OF THE DECISION NUMBER ONE RECEIVE WRITTEN DECISION. MR. HATCH WILL RECEIVE A WRITTEN DECISION FROM THE BOARD WITH ANY OF THE CONDITIONS. IT WILL BE SIGNED BY THE CHAIR AND THE DIRECTOR. NUMBER TWO MEET ALL CONDITIONS.
CONDITIONS MUST BE MET WITHIN THE TIME SPECIFIED BY THE BOARD OR AS REQUIRED BY THE ZONING ORDINANCE. NUMBER THREE OBTAIN REQUIRED PERMITS. APPLY AND OBTAIN ANY NECESSARY PERMITS FROM THE CITY OF PORT ARTHUR BEFORE STARTING WORK. NUMBER FOUR COMPLY WITH THE ORDINANCE.
FOLLOW THE APPLICABLE PROVISIONS OF THE CITY OF THE ZONING ORDINANCE AND OTHER CITY CODES AND NUMBER FIVE, MAINTAIN COMPLIANCE AND MAINTAIN COMPLIANCE. CONTINUE TO COMPLY WITH ALL CONDITIONS OF APPROVAL VIOLATIONS MAY RESULT IN ENFORCEMENT ACTION OR ANY BOARD MEMBERS. DOES EVERYBODY UNDERSTAND WHAT WE'RE DOING? OKAY, SO I'LL GET INTO THE REPORT. THIS IS A REQUEST FOR A VARIANCE. THE APPLICANT IS GERALD HATCH SENIOR. THE OWNER IS GERALD HATCH SENIOR. THE ZONING IS COMMERCIAL RETAIL FORMERLY REFERRED TO AS LIGHT COMMERCIAL. THE LOCATION IS 334033348 GULFWAY DRIVE, PORT ARTHUR, TEXAS. 77642. THE REQUEST A VARIANCE REQUESTING AN EXCEPTION FROM SECTION 2.04 B NON RESIDENTIAL ZONING DISTRICTS. COMMERCIAL RETAIL DISTRICT OF APPENDIX A ZONING ORDINANCE TO ALLOW FOR THE FOR A NON PERMANENT BUILDING TO ENCROACH ON THE TEN FOOT SETBACK REQUIREMENT DESIGNATED FOR THE COMMERCIAL RETAIL ZONE. DISTRICT BACKGROUND IN OR AROUND EARLY JANUARY 2026, CITY STAFF OBSERVED TWO MANUFACTURED BUILDINGS BEING TRANSPORTED ONTO THE SUBJECT PROPERTY REFERENCED ABOVE. AT THE TIME, THE APPLICANT HAD NO HAD NOT SUBMITTED ANY CONSTRUCTION PLANS OR PROVIDED SPECIFIC INFORMATION REGARDING THE INTENDED USE OF THE STRUCTURES,
[00:10:02]
WHETHER FOR RESIDENTIAL OR COMMERCIAL PURPOSES LIKE SINGLE FAMILY DWELLING, COMMERCIAL ESTABLISHMENT AND OFFICE USE. FOR EXAMPLES, CITY STAFF INFORMED THE APPLICANT THAT THE BUILDINGS ARE NOT PROPERLY PERMITTED AND FURTHER ADVISED THAT RESIDENTIAL USE WAS NOT PERMITTED WITHIN THE COMMERCIAL RETAIL ZONING DISTRICT. PURSUANT TO THE CITY OF PORT ARTHUR ZONING ORDINANCE, THE PORT ARTHUR CITY COUNCIL ADOPTED A NEW ZONING ORDINANCE IN JUNE 2022 WITH AN EFFECTIVE IMPLEMENTATION DATE OF JANUARY 1ST, 2023 TO ALLOW FOR A TRANSITION PERIOD FOR PENDING AND PREVIOUSLY PERMITTED DEVELOPMENT PROJECTS. FOLLOWING THE PLACEMENT OF THE BUILDINGS ON THE PROPERTY, THE APPLICANT REQUESTED A PRE-DEVELOPMENT MEETING WITH CITY OFFICIALS, WHICH WAS HELD ON WEDNESDAY, JANUARY 28TH, 2026. DURING THIS MEETING, CITY STAFF INFORMED THE APPLICANT THAT RESIDENTIAL DEVELOPMENT WAS NO LONGER PERMITTED WITHIN THE COMMERCIAL RETAIL ZONING DISTRICT. UNDER THE CURRENT ZONING REGULATIONS.ADDITIONALLY, STAFF ADVISED THE APPLICANT THAT THE STRUCTURES DID NOT COMPLY WITH THE MINIMUM SETBACK REQUIREMENTS ESTABLISHED BY THE ZONING ORDINANCE. THE APPLICANT WAS FURTHER INFORMED THAT THE PROPERTY WOULD REQUIRE REPLANTING. TO ACCOMMODATE THE PROPOSED. TO ACCOMMODATE THE PROPOSED DEVELOPMENT. THE APPLICANT SUBSEQUENTLY COMPLETED THE REPLANTING PROCESS. HOWEVER, THE STRUCTURE LOCATED AT THE REAR OF THE PROPERTY CONTINUES TO ENCROACH INTO THE REQUIRED REAR SETBACK AREA. SPECIFICALLY, THE STRUCTURE DOES NOT MEET THE REQUIRED REAR SETBACK AND IS CURRENTLY POSITIONED DIRECTLY ON THE REAR PROPERTY LINE AND THE CITY'S ALLEY. THEREFORE, THE APPLICANT IS REQUESTING A VARIANCE FROM SECTION 2.004 B OF THE CITY OF PORT ARTHUR ZONING ORDINANCE PERTAINING TO THE COMMERCIAL RETAIL ZONING DISTRICT REGULATIONS IN ORDER TO ALLOW A REDUCTION OR WAIVER OF THE REQUIRED SETBACKS, THE BOARD. MRS. JULIA JORDAN. THE BOARD MAY AT THE PUBLIC NOTICE AND PUBLIC HEARING AND SUBJECT TO APPROPRIATE CONDITIONS AND SAFEGUARDS HERE IN ACT ON APPLICATIONS FOR APPEALS, WHERE IT IS ALLEGED THAT THERE IS AN ERROR ON ANY ORDER, REQUIREMENT, DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF THE ZONING ORDINANCE. TWO SPECIAL EXCEPTIONS TO THE TERMS OF THE ZONING ORDINANCE WHEN THE ORDINANCE REQUIRES A BOARD TO DO SO. THREE IN THE SPECIFIC IN IN SPECIFIC CASES, A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE. WHEN THE VARIANCE IS A. NOT CONTRARY TO THE PUBLIC INTEREST. B SPECIAL CONDITIONS EXIST THAT ARE UNIQUE TO THE PROPERTY AND ARE NOT CREATED OR SELF-IMPOSED BY THE CURRENT PROPERTY OWNER. C LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. D THE SPIRIT OF THE ZONING ORDINANCE IS OBSERVED AND E SUBSTANTIAL JUSTICE IS DONE. BOARD ACTION. THE CONCURRING VOTE OF 75% OF THE MEMBERS OF THE BOARD SHALL BE NECESSARY TO REVERSE ANY ORDER, REQUIREMENT, DECISION OR DETERMINATION OF AN ADMINISTRATIVE OFFICIAL. TWO TO DECIDE IN FAVOR OF AN APPLICANT ON SPECIAL EXCEPTION UNDER THIS ZONING ORDINANCE. THREE AUTHORIZED A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OR APPROVE THE APPROVAL OF NON-CONFORMITIES UNDER THE TERMS OF THE ZONING ORDINANCE, 18 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN A 200 FOOT RADIUS, ZERO LETTERS WERE RECEIVED AND THIS IS AN ERROR ZERO LETTERS. THERE WERE ZERO LETTERS OF OPPOSITION AS WELL. ALREADY, BOARD MEMBERS. AND THAT IS ALL. SO, MR. NELSON, Y'ALL CAN HAVE A DISCUSSION. AND THEN YOU ASK, IS THERE ANYONE HERE WILLING TO SPEAK FOR. WELL, YOU ASKED IF ANYONE'S HERE WILLING TO SPEAK FOR FIRST, THEN THEY CAN COME TO THE PODIUM, STATE THEIR NAME AND ADDRESS, AND THEN AFTER THEY SPEAK, YOU ASK IF THERE'S ANYONE SPEAKING AGAINST AND YOU DO THE SAME THING. OKAY? OKAY. IS THERE ANY. IS THERE ANY ONE PERSON THAT WILL BE SPEAKING ON BEHALF OF THE THE APPLICATION FOR THE APPLICATION? YES. GOOD EVENING, WILLIE LEWIS, COUNCILMAN LEWIS 2301 LAKE SHORE DRIVE, SPEAKING ON BEHALF OF THE 3348 GULFWAY DRIVE PROPERTY, REQUESTING THAT YOU ALL GRANT A VARIANCE. AND I'M
[00:15:04]
HERE BECAUSE WE MUST TREAT ALL THE CITIZENS, TREAT THEM THE SAME. OKAY, THIS THIS, THIS TRAILER IS IMPEDING IF HE IF HE MOVE IT, IT'S GOING TO BE IMPEDING ACCESS TO TO HIS LARGE GARAGE DOOR. HE CAN'T OPEN IT. IT IS NOT BLOCKING THE PUBLIC INTEREST STILL CAN BE SERVED.IT IS NOT BLOCKING THE ALLEYWAY WHERE THE SEWER LINES AND WATER LINES ARE. IT'S NOT BLOCKING IT.
IF THERE'S A PROBLEM WITHIN THAT ALLEYWAY, THAT'S THE HEAVY EQUIPMENT CAN GET IN AND OUT.
NOW, WHEN I WHEN I SAY BEING TREATED DIFFERENTLY, WE MUST TREAT ALL OUR CITIZENS, TRY TO TREAT THEM THE SAME, NOT DIFFERENT WE HAVE IN DISTRICT THREE. WE HAVE. A SEWAGE, A MANWAY, A SEWAGE MAIN WAY THAT WE HAD TO GET IN THERE AND RECONSTRUCT. WE COULDN'T, WE CANNOT. WE COULD NOT GET THE HEAVY EQUIPMENT IN THE ALLEYWAYS BECAUSE ALL OF THE HOUSES OUT THERE IN DISTRICT THREE GOT BACKYARDS. THEY'RE BLOCKED. THEY ACTUALLY BLOCKING THE THE RIGHT OF WAY. SO WHAT WE DID, INSTEAD OF FORCING THEM TO TAKE DOWN THE FENCE, OR WE TAKE DOWN THE FENCE AND NOT REPLACE IT, WE LOOKED FOR ANOTHER LOCATION TO GET TO TO GET THAT WOULD GIVE US ACCESS TO THAT, THAT, THAT MAN WAY. AND WE FOUND IT AND WE HAD TO PURCHASE SOME ADDITIONAL LAND SO WE CAN GO GO INTO THAT THROUGH THAT BACK BACKYARD AND TO THE RIGHT OF WAY AND GET THE HEAVY EQUIPMENT STUFF IN THERE AND SERVICE THE RECONSTRUCTION OF THE MAN WAY. THE FENCES ARE STILL THERE. NOBODY, NO ONE HAS TO, HAS TO PUT IT OR TAKE DOWN THE FENCE TO DO ANYTHING. BUT IF IN THE EVENT IT STILL DOESN'T GO AWAY, THE BLOCKING OF THE RIGHT OF WAY IS STILL STILL THERE. IF THE CITY NEEDS TO GET IN THERE AND REPLACE SEWER LINES, THEY WILL TAKE DOWN ALL THE FENCES AND EVERYTHING AND NOT REPLACE THEM, NOT REPLACE THEM. SO WE THIS, THIS, THIS LOCATION OF THIS TRAILER IS, IS, IS IN THE, ON THE EASEMENT. AND HE CAN TALK ABOUT THAT LATER ON, HOW HE IMPROVED THE PROPERTY AND ALL THAT KIND OF STUFF. BUT I'M ASKING YOU ALL TO GO AHEAD AND GRANT THE VARIANCE THAT IT'S NOT HARMING ANYTHING, NO VIOLATION OF, OF PERMITTING PROCEDURE. THAT'S A DIFFERENT THING. YOU WANT TO FIND HIM, GO AHEAD AND FIND HIM. BUT WE ASK NO PROPER PURPOSE TO MAKE HIM MOVE. MOVE THAT TRAILER IN FRONT OF THAT GARAGE DOOR. AND I THINK YOU HAVE PICTURES OF YOU HAVE PICTURES OF THAT LOCATION THERE LOOKING AT THEM. YEAH, YEAH. OKAY. AND MY THING ABOUT TREATING IT'S RELATED, BUT TREATING EVERYBODY THE SAME OR STRIVE TO TREAT THE SAME.
FOR EXAMPLE, Y'ALL HEARD ABOUT THE GAME ROOM SHUT DOWN. THAT WAS A GAME ROOM THAT WAS SHUT DOWN BECAUSE ONE OF THE, ONE OF THE, THE WORKERS DID NOT HAVE THE CERTIFIED PERMIT BADGE. SO THEY SHUT THE WHOLE GAME ROOM DOWN. AND ABOUT 3 OR 4 MONTHS AFTER THAT, THE GAME ROOM OWNER CAME TO ME AND SAID, I NEED, I NEED YOUR HELP. AND I KNOW YOU DON'T LIKE GAME ROOMS. I SAID, YOU KNOW, I KNOW YOU DON'T LIKE BINGO HALL BECAUSE IT TAKES MONEY OUT OF THE COMMUNITY. I SAID, THAT IS CORRECT. I SAID WHAT HE SAID I NEED. I SAID, WELL, TELL ME FIRST OF ALL, TELL ME, ARE YOU BEING TREATED DIFFERENTLY THAN ANYBODY ELSE? HE SAID, YES, MY COMPETITORS HAS THE SAME PROBLEM, BUT THEY STILL OPERATING. WHEN I HEARD THAT, I SAID, I SAID, I DON'T LIKE GAME ROOMS. I SAID, BUT I CALLED THE CHIEF, TALKED TO THE CHIEF, AND THE CHIEF SAID THE COMMITTEE HADN'T MET. IT'S BEEN 3 OR 4 MONTHS. SO IT SEEMED LIKE HE WAS TRYING TO PUNISH THIS PARTICULAR PERSON. I SAID, GEE, ARE WE TREATING THIS LOCATION DIFFERENT THAN THE OTHER THAN THE COMPETITORS? I'LL CHECK INTO IT. THE GAME ROOM IS BACK OPEN. THEY THEY PERMITTED THAT THEY DID WHAT THEY HAD TO DO TO TREAT THEM FAIRLY. THE GAME ROOM IS BACK IN SERVICE. I DON'T STILL DON'T LIKE GAME ROOMS. OKAY, BUT ALL I'M SAYING IS THIS. YES, IT'S IN VIOLATION. BUT HE TRIED. WHAT? HE'S IN VIOLATION. BUT WHAT I WANT TO SAY IS. BUT IT'S NOT IT'S NOT INTERFERING WITH THE PUBLIC PURPOSE. AND I'M ASKING THAT YOU ALL GO AHEAD AND GRANT HIM ABILITY TO STAY THERE AND OPERATE. THANK YOU. THANK YOU, MR. LEWIS. GOOD
[00:20:04]
AFTERNOON. MY NAME IS GERALD HATCH. I'M THE OWNER OF HATCH CONSTRUCTION AND MANY OTHER BUSINESSES AROUND HERE IN THE GOLDEN TRIANGLE. I'M A CONTRACTOR. THE ADDRESS THAT I'M SPEAKING OF IS 3348 GULFWAY DRIVE. IT'S MY WAREHOUSE. IT USED TO BE HOWARD AUTOMOTIVE, AND I BOUGHT OUT A MOTIVE FROM HOWARD BEFORE HE PASSED. AND WHAT I DID, EXCUSE ME. IN THAT NEIGHBORHOOD, I OWNED THE WHOLE BLOCK. WHERE THIS LOCATION AT? THROUGH THE ALLEY. SO PRIOR TO ME MOVING MY BUILDING THERE, IT WAS THERE ABOUT MAYBE FOUR MONTHS BEFORE THE CITY HAD RECOGNIZED THE BUILDING WAS THERE. AND THEY RECOGNIZED WAS THERE BECAUSE THEY NEED WATER.THEY RECOGNIZED IT WAS THERE BECAUSE I CLEANED UP THE ALLEY FROM ONE END TO THE OTHER ONE, I TOOK PICTURES. THAT I'D LIKE TO SHOW Y'ALL WHAT IT USED TO LOOK LIKE BEFORE I. USED TO LOOK LIKE BEFORE. BEFORE I START CLEANING IT UP. AND ONCE I CLEAN IT UP, THAT'S WHEN THE CITY NOTICED WHAT I DID. NOW DID I? I DID MOVE THE BUILDING THERE WITHOUT A PERMIT. I WOULD SIGN FOR IT. THEY MADE ME GO BACK AND. PULL THE PERMIT. THEY MADE ME PULL SURVEY AND REPLOT I HAD TO REPLOT THE LAND THAT I BOUGHT THAT WAS THERE FOR LIKE 30 YEARS WHEN I. HOWARD OWNED IT THAT THEY NEVER HAD TO REPLOT BUT I HAD TO DO ALL THAT. SO THEY MADE ME SPEND SOME MONEY ALREADY. BUT NEVERTHELESS, MOST OF THE BUILDING IN THAT NEIGHBORHOOD GO FROM ALLEY TO ALLEY. THE BUILDING ACROSS THE STREET FROM ME, HOWARD SHARP, GO FROM ALLEY TO ALLEY. IT'S ONE TIME IT WAS ON THAT WAY. THE BUILDING NEXT TO ME WAS A CAR LOT. HAVE A BUILDING RIGHT WHERE I PUT MINE ON THE PROPERTY LINE, STRAIGHT DOWN. SO IN WHAT I DID, I CLEANED THE ALLEY FROM ONE END TO THE OTHER, ONE OUT OF POCKET, CUT TREES. IT CAN BE USED NOW PRIOR TO ME CLEANING IT. THE ALLEY WOULDN'T USE. SO THAT'S WHERE I'M AT. THANK YOU. THANK YOU, MR. HATCH.
THANK YOU. ASK IF THERE'S ANYONE SPEAKING AGAINST. IS THERE ANYONE PRESENT THAT IS SPEAKING AGAINST. THIS ITEM? IS THERE ANYONE SPEAKING AGAINST THIS ITEM? THAT WOULD BE A NO.
OKAY. AND ALSO, LET ME REITERATE, WE DID HAVE A NEW ZONING ORDINANCE THAT WE BEGIN IMPLEMENTING JANUARY 1ST, 2023. THE BUILDINGS WERE OBSERVED BEING PLACED ON THE PROPERTY ONE DAY BY THE BY STAFF, OF COURSE, AND. RESIDENTIAL IS NOT ALLOWED ANY LONGER AS OF JANUARY 1ST, 2023 IN A COMMERCIAL RETAIL DISTRICT. SO I JUST WANTED TO CLARIFY THAT.
BUT YOU ALL CAN CLOSE THE PUBLIC HEARING AND HAVE YOUR DISCUSSIONS, IF YOU WILL, MR. CHAIR. OKAY, SO WE'LL CLOSE THE PUBLIC HEARING AT THIS TIME SO THAT THE COMMITTEE CAN DISCUSS, MAKE A MOTION AND MAKE I'LL MAKE A MOTION THAT WE WILL CLOSE THE PUBLIC MEETING SO THAT THE COMMITTEE CAN NOW DISCUSS. THANK YOU. I THINK THAT MIGHT. OKAY, THERE WE GO.
OH, I THINK YOU JUST TURNED IT OFF. YEAH, YOU HAVE TO. HE'S GOING TO MAKE A MOTION. OH, OKAY. ANYONE CAN MAKE A MOTION TO. MAKE A MOTION TO CLOSE THE PUBLIC HEARING. I THINK IT CUT
[00:25:05]
OFF. THERE YOU GO. BUT YOU'RE MAKING A MOTION TO CLOSE THE PUBLIC HEARING. OKAY. SECOND.Y'ALL CAN SPEAK INTO THE MICS. ANYBODY? NOBODY'S LIVING NOW. IT'S A BUSINESS, RIGHT? I'M RUNNING MY BUSINESS OUT OF IT. YEAH I DO, EVERYBODY'S LIVING IN BUSINESS. YES. I'M RUNNING MY BUSINESS OUT OF THREE, FOUR DIFFERENT BUSINESSES I RUN. I GOT A NONPROFIT ORGANIZATION TO.
WAS IT THE BUILDING IS NAMED AS COMMUNITY POWER THAT I HELP HOMELESS PEOPLE DO A LOT OF THINGS AND ENABLE PEOPLE TO DO THINGS. AND ALSO I RUN MY BUSINESS OF CONSTRUCTION THAT I'VE BEEN IN THIS BUSINESS FOR 47 YEARS HERE IN THE GOLDEN TRIANGLE, DOING A LOT OF THINGS HERE IN PORT ARTHUR, MAKING A DIFFERENCE IN THE TOWN THAT I LIVE IN. I GOT ONE MORE QUESTION ON, I DON'T KNOW, MR. CITY STAFF, BUT IT'S TEN FOOT VARIANCE THING. WHAT IS IT? WHAT IS IT? WELL, IF I IF I PUT IT TEN FOOT BACK, IT'D BE IN THE WAY OF MY GARAGE DOOR, MY BUILDING, AND I WON'T HAVE ACCESS TO GET IN MY BUILDING. THE BUILDING IS 60FT LONG. IF YOU LOOK AT THE VERY FIRST PICTURE, WHAT HE'S SAYING IS IF HE HAS TO PUSH HIS BUILDING TWO FEET FORWARD, HE WILL BLOCK THAT DOOR. IT BLOCKED MY GARAGE DOOR. I HAVE NO USE TO GET IN THAT GARAGE FROM THAT DOOR. I MEAN, I CAN DO IT AND KEEP THE BUILDING THERE, BUT I'M TRYING NOT TO BECAUSE I STILL HAVE ACCESS TO MY BUSINESS TO USE THAT GARAGE, BECAUSE IT'S VERY IMPORTANT TO MY BUSINESS TO BE ABLE TO HAVE ACCESS IN AND OUT. HAS THERE BEEN ANY COMPLAINTS ABOUT THIS? NO COMPLAINTS AT ALL. THE NEIGHBORHOOD. OH OH. NOT ANY COMPLAINTS FROM ANYONE IN THE COMMUNITY. IT'S JUST THAT WHEN THE INSPECTORS WENT OUT, THEY DID NOTICE THE VIOLATIONS AND THEY TOOK NOTE OF ALL THE VIOLATIONS. BUT BUT I DID TALK TO PEOPLE IN THE NEIGHBORHOOD. THEY'RE GLAD TO HAVE ME IN THE NEIGHBORHOOD BECAUSE I CLEANED UP NOT ONLY IN MY PART OF THE NEIGHBORHOOD, BUT DAYS, TOO. I KEEP THE NEIGHBORHOOD CLEAN.
AMONGST EACH OTHER AS WELL. OKAY. DID YOU MOVE THE BUILDING ON THE OTHER SIDE OF THE GARAGE? DO YOU STILL HAVE ACCESS ON THE OTHER SIDE OF THE GARAGE? WHAT IS THAT? DID YOU MOVE IT? OH, YEAH. IT'S THE STREET. SOMEWHERE ELSE, I. TRUST HIS ABILITY TO BE CONSISTENT. THE LAW? YEAH, BUT IT WAS SOMEWHERE ELSE. I COULD HAVE MOVED IT. I WOULD HAVE, YOU KNOW WHAT I MEAN? BUT THE BUILDING NEXT DOOR TO ME IS ON THE SAME PROPERTY LINE THAT MY BUILDING, THAT THE EXISTING BUILDING ALREADY WAS THERE ALREADY. THEN DURING THAT TIME, THE ORDER ALLOWED THEM TO DO WHAT I'M DOING NOW. ALSO, I WOULD LIKE TO SAY SO HE DID GET THE PROPERTY REPLANTED BECAUSE THE THE OTHER BUILDING WAS WASN'T SET BACK CORRECTLY ON THE SIDE. SO ONCE HE REPLANTED THE BUILDING, MAKING ALL OF THOSE LOTS, ONE THAT SIDE BUILDING BECAME CONFORMING. BUT SO AGAIN, THE ISSUE IS THAT BACK BUILDING.
THERE. NOT THE GREAT BUILDING, THE PORTABLE ONE RIGHT BY IT. HOW MANY EMPLOYEES DO WE DO? I MEAN, THE BUILDING COULD STAY IF THEY WANTED ME TO JUST MOVE IT TEN FOOT UP, TEN FOOT UP WOULD BE DIRECTING WHERE THE GARAGE DOOR IF I DO. I HAVE NO USE TO IT FOR THE GARAGE DOOR THEN. BUT THE WAR IS THAT IT'S NOT IN NO ONE WAY IS STILL HAVE A PATHWAY THAT A DUMP TRUCK CAN PASS THROUGH THE ALLEY IF NEEDED. WAS IT NEVER USED UNTIL I CLEANED IT UP? SO MOVING IT
[00:30:05]
WILL OBSTRUCT YOUR ABILITY TO GET IN AND OUT OF THE GARAGE. CORRECT? IF IT STAYS THERE, IT WOULD STILL BE IN VIOLATION. THAT'S WHY WE'RE ASKING FOR APPROVAL FOR THE ALLEY. THAT'S WHY WE'RE REQUESTING A VARIANCE. RIGHT? RIGHT, RIGHT. BUT THEY GOT A BUILDING THERE ALREADY EXISTING THAT WAS BUILT THERE ON MY NEIGHBOR. THANK YOU. QUESTION. THE TEN FOOT SETBACK REQUIREMENT. WHAT'S THE PURPOSE OF THAT? WHY DO WE HAVE THAT FOR EASEMENTS AND ALLEYWAYS AND THINGS LIKE THAT. I'M NOT BLOCKING ACCESS. RIGHT. OKAY.OKAY, I GOT IT. WE GOT JUST FOR POINT OF CLARIFICATION. OKAY. IT SAYS THAT THE. THE PROPERTY IS PERMITTED FOR FOR RESIDENTIAL USE. RESIDENTIAL USE IS NOT PERMITTED WITHIN THE COMMERCIAL RETAIL ZONING DISTRICT. SO THE BUILDING IS FOR BUSINESS USE OR BUSINESS.
GOING ALL THE WAY AROUND TO THEM. THE DISTRICT IS ONLY FOR COMMERCIAL RETAIL ACTIVITY.
CORRECT. COMMERCIAL RETAIL COMMERCIAL RETAIL ACTIVITY ONLY. YES SIR. I DON'T I DON'T I THE APPLICANT DOESN'T HAVE A CO FOR OPERATIONS. SO I'M NOT WE'RE NOT SURE WHAT HE'S USING IT FOR AS OF RIGHT NOW. BUT IT'S ONLY PERMITTED FOR COMMERCIAL RETAIL ACTIVITY. NO RESIDENTIAL. OH THEY THEY KNOW.
AND. THEN THE BUILDING THAT WE DON'T KNOW. AND THE MAP SAYS. YES. OKAY. SO.
ALSO BOARD MEMBERS MR. HATCH WILL HAVE TO OBTAIN A CERTIFICATE OF OCCUPANCY FROM OUR BUILDING OFFICIAL FOR THE COMMERCIAL USE AND OPERATING ANYTHING OUTSIDE OF THAT WOULD BE IN VIOLATION OF OUR ORDINANCE AND THE VARIANCE ITSELF. SO I JUST WANTED TO LET YOU KNOW THAT I'LL SAY THAT AGAIN. HE WOULD HAVE TO OBTAIN A CERTIFICATE OF OCCUPANCY.
THAT'S JUST A SPECIAL CERTIFICATE FROM THE BUILDING OFFICIAL SAYING HE HAS THE RIGHT RIGHT TO OPERATE IN THIS DISTRICT BY RIGHT. ANYTHING OTHER THAN COMMERCIAL RETAIL WILL BE IN VIOLATION OF THE VARIANCE. AND THE COMMERCIAL RETAIL GUIDELINES AS WELL. AS.
[00:36:49]
YES. YOU SAID THAT THE DISTRIBUTION FOR SOMEONE COMING OUT AMONG THE PEOPLE. NO, I DON'T I DON'T SLEEP THEM OR CLOSE THEM. I JUST HELP HIM. I WORK THEM, I WORK THEM AND TRAIN THEM FOR I GOT A BIG WAREHOUSE THERE AND TRAIN THEM TO GET THEM READY FOR THE WORLD.DURING THAT TOO. I GOT A LOT OF THINGS GETTING READY TO DO. I'M APPLYING FOR A COUPLE OF GRANTS THAT I DON'T WANT TO OVERSTEP TO MAKE SURE THAT I GET WHAT I'M TRYING TO GET TO DO, WHAT I'M TRYING TO DO. ALSO HAVE A LOCATION IN BEAUMONT FIRST BAPTIST CHURCH IN BEAUMONT, I OWN. I USED TO DO IT THERE, BUT I GOT THAT FOR SALE NOW. YOU HOMELESS PEOPLE TAN ME UP. AND I'M STILL TRYING TO HELP THEM.
THE THE BOARD. PERMITS THE VARIANCE. WHAT WHAT REQUIREMENTS WOULD BE WHAT MR. HAS TO WHAT WOULD HE HAVE TO DO IF THE VARIANCE IS GRANTED, THEN THE WAY THE BUILDING IS, IT STANDS AS IS. YOU MENTIONED A WHILE AGO ABOUT SOME KIND OF COMPLIANCE. HOW MUCH IS THAT? WOULD THAT BE A FEE FOR THAT? SAY IT ONE MORE TIME. I'M SORRY. THE COMPLIANCE YOU THAT'S WHY I ASKED THAT QUESTION, BECAUSE I KNOW YOU SAID THAT HE WOULD HAVE TO BECOME IN COMPLIANCE WITH SOMETHING WITH YOU MISSING SOMETHING ABOUT PERMIT, RIGHT. HE WOULD HAVE TO GET PULL THE PROPER PERMITS AND EVERYTHING AND BE IN COMPLIANCE COMPLETELY WITH THE COMMERCIAL RETAIL. HE WOULD STILL HAVE TO BE IN COMPLIANCE COMPLETELY. RIGHT? RIGHT NOW HE'S NOT IN COMPLIANCE, WHICH IS WHY WE'RE HERE. BUT EVEN IF YOU ALL GRANTED, HE STILL HAS TO FOLLOW THEM. THE RULES FOR THE COMMERCIAL RETAIL DISTRICT. OKAY. SO MOVING FORWARD, WHAT WOULD IT BE THAT HE'S NOT DOING NOW THAT HE'S GOING TO HAVE TO DO? JUST AS LONG AS IT'S NOT RESIDENTIAL USE, THEN IT HAS TO FOLLOW. NONRESIDENTIAL USES THE CODE FOR NONRESIDENTIAL. IT HAS TO FOLLOW THE COMMERCIAL ORDINANCE. YES, SIR. AND YOU CAN TAKE IT. ONCE YOU'RE DONE,
[00:40:15]
YOU CAN CLOSE THE HEARING AND TAKE A ROLL CALL, VOTE OR MAKE A MOTION TO APPROVE OR DENY. IF YOU'RE ALL IN FAVOR, IT'S TOTALLY UP TO YOU. ALL MINDS ARE KIND OF HERE IN TERMS OF THE DECISION, I THINK. ONLY FOUR OF US. BUT. IF Y'ALL HAVE YOUR DECISION, YOU CAN MAKE A MOTION TO CLOSE THE PUBLIC HEARING, THEN GET A SECOND, AND THEN Y'ALL CAN MOVE FORWARD WITH THE VOTES AND YOU CAN MAKE A MOTION. IF ALL OF Y'ALL ARE IN AGREEANCE, YOU CAN MAKE A MOTION TO TO APPROVE OR DENY. IF Y'ALL ARE ALL IN AGREEANCE WITH EITHER ONE, WHICHEVER ONE.TO CLOSE THE PUBLIC HEARING. I SECOND THE MOTION, OKAY. AND THEN WE CAN MOVE FORWARD WITH THE VOTE. I THINK. YOU'RE SAYING THAT YOU WOULD GRANT THIS AS SEVERELY. AS YOU. THERE WE GO, THERE WE GO. THE BOARD IS AGREEING THAT WE WOULD GRANT MR. HATCH THE VARIANCE, BUT THAT HE WOULD BE IN COMPLIANCE MOVING FORWARD OF ANY OF THE REGULATIONS OR REQUIREMENTS THAT THE CITY IS ASKING HIM TO BE IN GOVERNANCE WITH. SO. YES, SIR. CAN I GET A SECOND? I SECOND, I'LL MAKE A MOTION TO APPROVE. I'M SORRY. I'LL MAKE A MOTION TO APPROVE. OKAY. AND A SECOND. SECOND. OKAY. ALL IN, ALL IN FAVOR. ALL IN FAVOR. I OKAY ALL THE ANY OPPOSED? NO.
AND SO THE VARIANCE IS GRANTED. AND I WILL MEET UP ON THE ANY OBLIGATION I HAVE TO MEET UP WITH WITH THE CITY TO MAKE SURE I'M IN SUPPLYING WHATEVER NEEDED. ALRIGHTY. WE CAN GO BACK TO THE AGENDA, MR. NELSON. BOARD MEMBER. NELSON. THE STAFF REPORT. THERE ISN'T ANYTHING TO
[VII. NEW BUSINESS - NON-PUBLIC HEARING ITEMS ]
REPORT. BUT AGAIN, THANK YOU ALL. WE DO HAVE GIFTS, AND MY MY BOSSES ARE HERE. MAYBE THERE'S SOMETHING THEY WOULD LIKE TO SAY. HELLO. GOOD EVENING EVERYONE. MY NAME IS PAMELA LANGFORD AND I AM THE ASSISTANT CITY MANAGER OF OPERATIONS, AS WELL AS THE DIRECTOR OF DEVELOPMENT SERVICES. I WANT TO THANK ALL OF YOU FOR BEING HERE TONIGHT AND SERVING ON THE ZONING BOARD OF ADJUSTMENTS. I WANT TO WELCOME YOU TO THE BOARD. IF YOU'RE NEW TO THE BOARD FOR ZONING BOARD OR ANY BOARD WITH THE CITY OF PORT ARTHUR, THIS IS AN OBLIGATION. WE KNOW THAT YOU VOLUNTEER YOUR TIME, AND WE APPRECIATE YOU COMING OUT AND PROVIDING GUIDANCE AND YOUR EXPERTISE TO THESE PROCESSES, MOVING FORWARD WITH OUR BOARDS AND COMMISSIONS. WHAT WE'D LIKE TO DO IS SCHEDULE TRAINING OPPORTUNITIES. WE NORMALLY REACH OUT TO INDIVIDUALS THAT, YOU KNOW, ARE WEARING DUE TRAINING ON THE VARIOUS DIFFERENT BOARDS, YOUR DUTIES AND RESPONSIBILITIES, ESPECIALLY WITH THE ZONING BOARD, CONSTRUCTION BOARD, THESE ARE QUASI JUDICIAL BOARDS. SO ANY ACTION THAT YOU TAKE CAN ONLY BE CHALLENGED IN A COURT OF LAW, IN DISTRICT COURT, NO ONE HAS THE AUTHORITY TO OVERTURN THE DECISION OF THE BOARD. IT GOES TO DISTRICT COURT. SO EVEN CITY COUNCIL DOES NOT HAVE THAT TYPE OF AUTHORITY. SO IT'S IT'S A PRETTY POWERFUL BOARD. BUT WE DO WANT TO MAKE SURE THAT EVERYONE IS AWARE OF THOSE POWERS THAT YOU HAVE IN THE RULES THAT GOVERN WHAT YOU DO. BUT AGAIN, I WOULD LIKE TO THANK ALL OF YOU FOR BEING HERE TONIGHT AND FOR SERVING ON THIS BOARD AND ALL OF THE WORK THAT YOU DO FOR THE CITY OF PORT ARTHUR. THANK YOU. I GUESS I WAS SOMEONE JUST TO SAY WHO I AM ALSO. MY NAME IS LARRY BATTLE AND I'M THE MANAGER OF PLANNING AND DEVELOPMENT SERVICES. PAM IS MY DIRECT BOSS,[00:45:05]
SO I'VE BEEN HERE FOR SEVEN YEARS. AND I AGAIN WANT TO SAY THAT I APPRECIATE YOU COMING HERE AND THE EFFORT THAT YOU'VE PUT INTO THIS CASE, AND I LOOK FORWARD TO WORKING WITH YOU IN THE FUTURE. WE DON'T HAVE A LOT OF VARYING CASES COME, SO WE DON'T MEET A LOT. BUT WHEN WE DO, YOU KNOW, WE WANT YOU TO COME AND WE WANT YOU TO, YOU KNOW, DO YOUR BEST. AND, AND WE APPRECIATE YOU. THANK YOU. ALL RIGHT. DO WE HAVE A MOTION TO ADJOURN? I'LL MAKE THE MOTION TO ADJOURN THE MEETING. ALRIGHTY. AND SO. THIS MEETING IS ADJOURNED AT 6:15 P.M. THANK YOU,* This transcript was compiled from uncorrected Closed Captioning.