0:04 It's 2 30 2 32 we're gonna go ahead and Start the meeting. I like to call the regular council zoning meeting for September 21st 2026 to order Colleagues do we have it in any introductions? Okay, if not Jenna item number one hold off on reading that agenda item number one one and two Go ahead and explain that sir So the first two items have been tabled from previous City Council meetings and no one has had an opportunity to ever to notify all parties that were at the planning board meeting so that would include people who were the applicants as well as people who were in opposition. And so therefore we are going to move these two cases to October and they'll allow zoning department to notify every party that was a member of record. Okay. Question, Mr. President. Go right ahead, Councilman Stokes. I said in October, long time ago, they kept saying, Ken, you need to come today.

1:08 You need to be here today. So we hear people here. So are you telling us we're not moving forward today? Yes, sir. Okay. Now, let me ask the people that's here. Are they comfortable with here in October, we want to make a November where everybody have enough time. Now, what they're saying is that they're not going to hear your case today. Are you okay with that? Where your lawyers? Please state your name. Terrace Harris. We need to be able to get set or time set certain that we don't know this is going to be done so we can, you know, just do what we need to do whether or not this council is going to approve or not so whomever is grieved can appeal but this has been going on at least a year now. Okay legal did you have any comments on this path forward? Carrie Johnson, deputy city attorney the only comment I have is that this matter was brought before the council in November of 2025 there was a request to table the matter because the council member

2:39 wanted to speak with all of the concerned parties and it continued to be tabled. The zoning division is making the request to move this to the October meeting so that those persons who spoke in opposition would also have noticed. My understanding is that the only parties who were noticed were the interested parties. And if that is not consistent with procedure, then I would agree with the zoning division that all parties need to be noticed. Who noticed the interested party? We did not notice the interested party.

3:30 I couldn't give you an answer on that one. Okay, let me make sure I explain for the record. We asked for deciding to be held in November because there were issues that needed to be brought forward to try to create a win-win situation. And we met with everyone, even the new chief of police met with everyone. But they're saying from everybody we heard from that there's no movement. And to hold this up any longer, it's not gonna do anything to help the situation. Now, if you're saying that you did not give notice to both parties, then one group is here.

4:19 So if you didn't give notice, then what are you, why not? The requested table of cases came from city council. So zoning did not notice anyone from this part. I mean, notice both parties that were relevant to the case, but we will be able to give notice today, or send out notice today. Okay, quick. Can we hear from there, Lord? Yes, please come forward, Ms. Shaniqui. Was it our responsibility to notice or was it zoning? Shaniqui joined clerk of counsel. So normally, and I talked to the zoning administrator this morning, normally zoning take care of the notices.

5:09 We noticed the meeting for the council meeting and that's all we did last week, but we never notified the applicants. Okay, so back to zoning. Yes, sir, I would acknowledge that may have been a misunderstanding on my behalf that we needed to notice them about this case coming up. And so I received the email this morning from people that were in opposition to the case, asking why they weren't noticed. And so I thought it would be in the best interest of all parties to make sure that everyone had an opportunity to be present.

5:40 Mr. President. Mr. Councilman Stokes. Thank you. Mr. President, the situation is different than most. I'm not gonna blame the young man because it was my understanding. There was the opposing party that was saying, let's move forward. I think they sent a letter to members of this body who had a momma go. And that's how I thought, because I was hoping that after the chief met with everybody, they could try to work things out. But if the opposing party was pushing moving forward, you know I come here today.

6:25 I got the lady whose child was hung. I got to try to do something with her today, and that's why I'm here. And now we say, we're not going to hear it. Now, I don't get a chance to read all my mail, but I know that was a letter sent out to all men for this body. And they said that they opposed this situation. So I'm not blaming you. I'm not blaming legal. I'm not blaming anybody, because I thought this was a situation where we could have worked it out, where everybody could have met.

6:59 I thought when they met with the chief of police that we were heading the right direction. We not. So to the other side that's here, legal said there was no notice given to the other side. And we all know there must be notice given. Now do you want to do it in October? Or you want to do it in November? Or you want us to try to have a special meeting? I'm the pleasure of you. you got to come to the mic put your name. Terrace Harris as soon as we can have it soon as we can have it heard we want to have it heard. Okay so that'll be next month now what about a case I think you've been working on a big case that they're gonna affect your if you're fun if I'm not here I have somebody here with them. Okay so it's agreed in October we'll hear this case is that that's what we're saying. Time balance that's what we like. Legal zoning we're hearing the same thing from y'all? Yes sir. And I apologize. Okay thank you. With recommendations of legal

8:27 and zoning we're gonna table this until next month. Okay do we have the date you had a day set? Over 19. Thank you sir. Thank you council. Yes sir. Okay and number two as well item number four three three two. Yes sir that's the same. Does this send both of them together? Yes, sir. Okay. Okay, case number 433. I'm sorry. Turn on your mic, please. Carrie Johnson, Deputy City Attorney. I think it's important to note that for case number 4332, when it was tabled, it was tabled at the request of the app.

9:32 No council member requested that that matter be taken. That applicant or someone representing them made a request. Mr. President. Go right ahead. Legal and I apologize. I have a death in the family and it kind of threw me a little bit. Lost a nephew in Houston. I was out of town at any time. But I did the first time we asked that it be here so we can meet with the people in brown bottom but if we can notify them that at the October meeting if they could be here you know we'll be ready to move forward with something but I apologize thank you for the first time that y'all tabled it because I okay thank you okay thanks for that update there okay next item case number four three three nine This was tabled from last month. I did speak with the with the neighborhood leader. She submitted a letter with that letter. She asked for some further information from zoning. That information was provided and so we're going to move forward with this. I think the details, I think everyone here is familiar with the

10:54 details and so let's get it on the floor now. Order granting Terranee Brent a conditional use permit to allow for community recreational center that offers skating arcade games, fitness training, and community engagement events within a C2 limited commercial district for the property located at 540 Raymond Road, Suite B, parcel 217-9, case number 4339. Second. It's been moved and properly second is there any comments or questions colleague question was present councilman Stokes thank you what's all included I know this is a use permit I guess I need to as legal recommendations for conditional use permit it's for a use permit because it is not these the intended uses are not permitted by the zoning ordinance the only way that these uses can be used for that facility is if the council grants a permit and I think those permits are usually for a limited period of time it will not apply universally if someone else comes in, they do not have the same privilege as operating based upon these uses.

12:36 They would have to apply individually. And the lawyers and everybody talk to the people involved? We do not normally. Okay. Do they not have somebody? I'm not familiar with an attorney representing anybody. So what you just said is they're hearing the woman from A through Z explain to them what this means. Yes sir, they were explaining doing the zoning action process. Okay. The applicant is here. Council if you like, Councilman and I can, we can go through the entire process. We don't have to Mr. President.

13:25 She made it clear that only for a certain person, and it's clear this is just only for a year, anything come up, it stopped. That's correct. That's why I want to make sure we have on the record, right? Yes, sir. All right, no problem. I did talk with the, again, I did talk with the neighborhood, and first they were very hesitant because of the past history of the same location. The end we went back, got a letter within the last three weeks, got more information on it.

14:05 She requested further information on, I think, use of alcohol, the curfews and a few other things. She said she was okay with that. and colleagues, she is willing to give them a year. And so that's our intent on following the neighborhood's leader, lead. Colleagues, any further questions? If not, all in favor? Epstein, we have. I think I'm holding the mic. Five. Okay, we have five, one. Councilman Futt, can't you mute again your volume? Could you mute? Mute, I ask them. I mean, yeah, but we... The noise.

15:05 Okay. And with that, you have a year in order to prove to the neighborhood that you can coexist without the phone calls and with all the other things that they had from that same location. So it's been approved. Thank you. Next items, please. Next. Yes, ma'am. Congratulations on opening your skating rink. I think you all do well and I think the community needs another skating rink and I think we shouldn't take you around the world to approve anything. Thank you. Next item please. Here we have petition number 4340 located at 1021 Westway Street.

15:55 The requested action is a variance of up to five feet from the required 25 feet setback from the street right away. The purpose of the action is to allow for the continued construction of an open carport to protect the applicant's vehicles. applicant is Miss Annie Lewis represented by herself and Mr. Joby Austin. Oh one moment Councilwoman Clay did you have any other comments on that? The only other comment? No I'm happy we voted for it and I'm glad and I'm happy to see it passed and I think we should do what we need to do as a council and they didn't have any opposition so it's a good deal. Do you have a comment for me? Yes and that is this neighborhood comes number one in my mind and it always will and I will vote on behalf of the community and I'm sure you're gonna vote on the behalf of your community when they step up and say they don't want this or they don't want that so that's how that's how it plays out and and I'm just hoping that we can

16:56 have law and ordinance being followed here that's my only hope. President Hartley, I follow the rules and I'm happy to see it get passed and thank you for your comment and I appreciate you and I look forward to your leadership but at this point I think we don't need any more discussion about it. It has passed. Thank you. Continue sir. So the PowerPoint isn't up but these photos are in your packet. We do have photos of the area vicinity, the area vicinity map of the subject property as well as the subject property and the surrounding properties. A point of information just so the director knows. Oh yes sir. So these are the adjacent properties. Here we have the adjacent zoning land uses to the north where every parcel around it is on R1A single family residential and they are single family units. We have the current land use map. The future land use plan is designated low density residential. Grounds for rezoning. I'm a grounds Thanks for granting a variance, I'm sorry.

18:13 Per section 1701.02-A of the ordinance, when considering application for variance, the City Council shall consider the extent to which special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. The literal interpretation of the provision of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under provision of this ordinance that the special conditions and circumstances do not result from actions of the applicant. They granting a variance requested will not confer upon an applicant any special privilege that is denied by this ordinance to other similar land structures or buildings in the same district. Staff recommends the approval of the requested variance of up to five feet from the front yard setback requirement of 25 feet for the property located at 1021 Westway Street.

19:07 The recommendation is based upon the granting of the variance requested not I'm not conferring upon the applicant any special privileges that are denied by the zoning ordinance to other similar lands, structures, or buildings in the same district. Please. Order granting Annie Lewis a variance of up to five feet from the required 25 feet setback from the street right away for the front yard within a R1A single family residential district for the property located at 1021 Westway Street parcel 839-315 case number 4340. So moved. Second, it's been moving properly.

19:49 Second, any comments, colleague on this? I intend to support, I just have a clarifying question. So they're intending to build a carport that's 25 feet tall and the current law only allows 23 feet tall? No, sir, it encroaches up on the front setback, which is from the street property line. So you're supposed to go from where the front of the house is, you're supposed to go back at least 25 feet before your carport starts? So the property line doesn't actually start at the street. it usually starts about the utility line.

20:17 So water meter, lipo, so 25 feet from there, that's where the first structure has to start. And so that carport encroaches about two feet. Okay, yeah. I just wonder if we need to change that just in general, I mean, but. Well, 25 feet is the standard through most of our lower density residential districts, R1, R2. Okay, great. Seems like no problem. And I appreciate the homeowners going through the process getting approval first before they do it. Yeah that's great. Colleagues are there any other comments? If not all in favor? Okay. 4-0. 5-0. Okay we have, can you mute it again please? Thank you. Now we up to item 5 special acceptance and use permit renewals for September. So there's no, these just need to be voted on. Okay council members do you see anything there that we need to discuss? Order granting extension of special exceptions and use permits for one year. So moved. Second. It's been moved and properly second.

21:38 There's are there any further questions or comments? If not all in favor? Mr. President. Okay. Three, one. I'm saying. Four, thank you. Okay, is there anything else zoning? No, sir. Legal, anything? No. Okay. Colleagues, anything else? If not, the meeting is adjourned.