Board of Adjustment

Board of Adjustment Regular Meeting

Date
2024-04-17
Status
Machine transcript available
Source
CivicClerk event #913
The City's agenda only — no minutes record on file — no AI-written text

The City's record

What the City's record shows

The City's minutes for this meeting are not on file in this archive. This briefing states only what the City's agenda lists. Nothing here is taken from the machine transcription.

  • The City's agenda: BA_Reg_Agenda_04_17_2024 (its items are not yet read into this briefing).

The recording's machine transcription is below. It is unverified: words and names may be misheard, and it cannot establish who acted or how anyone voted.


Agenda (the City's wording)

The City's agenda for this meeting is on file (BA_Reg_Agenda_04_17_2024), but its item list has not been read reliably by machine yet, so no outline is shown.


Transcript Partial transcript

Machine transcription of the meeting recording. The words are the recognizer's, except where a passage is marked as corrected or machine re-recognized; most have not been checked against the audio, so words, numbers and names can be misheard. It describes what was said. It cannot establish who voted how, an amount or an outcome — the City's minutes do that (above). A time links to its passage, and “Copy link” copies that link. No recording can be started from here.

Speakers were separated by voice. A plain name rests on evidence tied to that voice; “provisional” is a name from an earlier text-only pass and is not verified; “Speaker N” is an unidentified voice.

[00:00:01] Speaker 1
If we want to discuss the agenda, I would suggest we wait until the meeting actually starts.
[00:00:06] Speaker 2 · Unclear audio
[unclear audio — 0:01]
Flag: a language review questioned the wording · 00:00:06–00:00:08 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:00:07] Speaker 1 · Unclear audio
[unclear audio — 0:02]
[00:00:09] Speaker 1
Oh, I said if we want to discuss the agenda, we should wait until the meeting actually starts. Oh,
[00:00:15] Speaker 2
sorry.
[00:00:16] Speaker 1
Thanks.
[00:00:30] Speaker 3 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:01]
Flag: a language review questioned the wording · 00:00:30–00:00:31 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:00:30] Speaker 2 · Unclear audio
[unclear audio]
[00:00:31] Speaker 2
No, I've been out. Two years now?
[00:00:34] Speaker 1
I'm
[00:00:35] Speaker 2 + overlapping voice · overlapping voices
working for an online company. We make audio books for kids with dyslexia and blindness. I just saw it
[00:00:41] Speaker 1 + overlapping voice · overlapping voices
came in. I'm a program manager for that.
[00:00:43] Attribution uncertain · Unclear audio
[unclear audio]
Flag: numbers, amounts, negation or names differ between the machine readings; words only one machine reading has (possibly not said) · 00:00:43–00:00:48 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:00:43] Speaker 1 + overlapping voice · overlapping voices · Unclear audio
[unclear audio]
[00:00:43] Speaker 2 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:03]
[00:00:45] Attribution uncertain · Unclear audio
[unclear audio]
[00:00:45] Speaker 2 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:02]
[00:00:48] Attribution uncertain · Unclear audio
[unclear audio]
[00:00:48] Speaker 2 + overlapping voice · overlapping voices · Unclear audio
[unclear audio]
[00:00:48] Speaker 2 + overlapping voice
six or seven years, and I was at the district. I did ‸ some teacher training there and then did grant writing.
[00:00:53] Attribution uncertain
And
[00:00:53] Speaker 2 + overlapping voice · overlapping voices
then saw this company that I previously utilized in the classroom. So I'm hoping for the job.
[00:00:59] Speaker 2 + overlapping voice · Unclear audio
[unclear audio — 0:01]
Flag: the recognizer flagged its own output · 00:00:59–00:01:00 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:01:00] Attribution uncertain · Unclear audio
[unclear audio]
[00:01:00] Speaker 2 · Unclear audio
[unclear audio]
[00:01:00] Speaker 2
It's been great.
[00:01:03] Speaker 2 · Unclear audio
[unclear audio — 0:01]
Flag: a language review questioned the wording · 00:01:03–00:01:04 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:01:04] Speaker 2
So my
[00:01:04] Speaker 4 + overlapping voice · overlapping voices
wife's a SLP for this whole system.
[00:01:08] Speaker 4 + overlapping voice · Unclear audio
[unclear audio — 0:01]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:01:08–00:01:09 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:01:09] Speaker 4 + overlapping voice · overlapping voices
I'm sure she deals with that on some level.
[00:01:11] Speaker 2 + overlapping voice · overlapping voices
Could be. Yeah, we're actually.
[00:01:12] Speaker 2 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:04]
Flag: a language review questioned the wording · 00:01:12–00:01:16 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:01:16] Speaker 2 + overlapping voice · overlapping voices
So any student that needs access to it can get it for free. So normally we sell it to, like, individual districts.
[00:01:22] Speaker 2 + overlapping voice · Unclear audio
[unclear audio]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:01:22–00:01:23 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:01:22] Speaker 1 + overlapping voice · overlapping voices · Unclear audio
[unclear audio]
[00:01:23] Speaker 2 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:01]
[00:01:23] Speaker 2 + overlapping voice · overlapping voices
We live in
[00:01:25] Attribution uncertain
a city.
[00:01:25] Speaker 2 + overlapping voice · overlapping voices
We live in
[00:01:25] Attribution uncertain
a
[00:01:25] Speaker 2 + overlapping voice · overlapping voices
city. So we're learning hour. Yeah.
[00:01:27] Speaker 2 + overlapping voice · overlapping voices · Unclear audio
[unclear audio]
Flag: the recognizer flagged its own output · 00:01:27–00:01:28 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:01:27] Speaker 1 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:01]
[00:01:28] Speaker 1 + overlapping voice
And then ‸ they're
[00:01:29] Speaker 2 + overlapping voice · overlapping voices
going through an art camp. Any student with dyslexia, blindness, or even just a reading deficiency is able to use our audio. Yeah. Kind of help them catch up with their peers. Really? Maybe. I don't know.
[00:01:42] Speaker 1 + overlapping voice · overlapping voices
Yeah.
[00:01:43] Speaker 1 + overlapping voice · Unclear audio
[unclear audio — 0:03]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:01:43–00:01:46 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:01:46] Speaker 1 + overlapping voice · overlapping voices
camp for the kids. Or even a reading
[00:01:48] Speaker 4 + overlapping voice · overlapping voices
deficiency.
[00:01:49] Attribution uncertain · Unclear audio
[unclear audio]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:01:49–00:01:50 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:01:49] Speaker 4 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:01]
[00:01:50] Speaker 2 · Unclear audio
[unclear audio]
[00:01:51] Speaker 4 + overlapping voice · overlapping voices
She definitely has that. That's, I mean, before COVID, but post COVID, that's a lot of students.
[00:01:56] Speaker 4 + overlapping voice · overlapping voices · Unclear audio
[unclear audio]
Flag: a language review questioned the wording · 00:01:56–00:01:57 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:01:56] Attribution uncertain · Unclear audio
[unclear audio]
[00:01:56] Speaker 4 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:01]
[00:01:57] Speaker 4 + overlapping voice · overlapping voices
Yeah. That's cool. So do you work from home?
[00:02:01] Speaker 2
Yeah. Okay.
[00:02:02] Speaker 2 · Unclear audio
[unclear audio — 0:02]
Flag: words only one machine reading has (possibly not said) · 00:02:02–00:02:04 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:02:06] Speaker 1 + overlapping voice · overlapping voices
I
[00:02:07] Speaker 2 + overlapping voice · overlapping voices
live just a little bit outside. So I'm just a little bit north of the city.
[00:02:13] Speaker 1 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:02]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:02:13–00:02:15 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:02:16] Speaker 1 + overlapping voice · Machine re-recognized
that's not helpful.
Flag: the recognized words and the detected speech do not line up · 00:02:16–00:02:18 · gap filled by a machine re-reading (not checked by a person)
[00:02:29] Speaker 3 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:01]
Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 00:02:29–00:02:40 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:02:31] Speaker 2 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:01]
[00:02:32] Attribution uncertain · Unclear audio
[unclear audio — 0:07]
[00:02:39] Speaker 1 + overlapping voice · overlapping voices · Unclear audio
[unclear audio]
[00:02:40] Speaker 1 + overlapping voice · overlapping voices · Unclear audio
[unclear audio]
Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 00:02:40–00:03:09 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:02:40] Attribution uncertain · Unclear audio
[unclear audio]
[00:02:40] Speaker 1 + overlapping voice · overlapping voices · Unclear audio
[unclear audio]
[00:02:40] Speaker 2 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:01]
[00:02:43] Speaker 1 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:02]
[00:02:45] Speaker 2 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:01]
[00:02:47] Speaker 1 · Unclear audio
[unclear audio — 0:03]
[00:02:49] Speaker 2 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:02]
[00:02:51] Speaker 1 · Unclear audio
[unclear audio — 0:01]
[00:02:52] Speaker 2 · Unclear audio
[unclear audio — 0:01]
[00:02:52] Speaker 1 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:02]
[00:02:55] Speaker 2 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:09]
[00:03:06] Speaker 5 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:03]
[00:03:08] Speaker 2 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:01]
[00:03:10] Speaker 5 + overlapping voice
I think they did.
[00:03:12] Speaker 5 + overlapping voice · overlapping voices · Unclear audio
[unclear audio]
Flag: the machine readings disagree here · 00:03:12–00:03:13 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:03:12] Speaker 2 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:01]
[00:03:13] Speaker 2 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:02]
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:03:12–00:03:19 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:03:15] Attribution uncertain · Unclear audio
[unclear audio]
[00:03:15] Speaker 2 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:03]
[00:03:19] Speaker 2 + overlapping voice · overlapping voices
Oh, he was? Yeah. Okay.
[00:03:22] Speaker 3 + overlapping voice · overlapping voices
He's a year older than me. Okay.
[00:03:25] Speaker 2 + overlapping voice · overlapping voices
I saw him step down, so I'm interested to see if it was going somewhere else, like a collegiate level. They said my
[00:03:34] Speaker 4 + overlapping voice
daughter's
[00:03:34] Speaker 4 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:04]
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:03:34–00:03:38 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:03:38] Speaker 4 + overlapping voice
one of them. He said he's going to
[00:03:41] Speaker 4 + overlapping voice · Unclear audio
[unclear audio]
Flag: the machine readings disagree here · 00:03:41–00:03:41 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:03:41] Speaker 4 + overlapping voice
Okay.
[00:03:42] Speaker 6
Good evening, everybody. Welcome to the Board of Adjustments ‸ meeting. We'll open with a call to order. And if you'll call the roll, please.
[00:03:55] Speaker 7
All right.
[00:03:56] Speaker 7 · Unclear audio
[unclear audio — 0:01]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:03:56–00:03:57 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:03:57] Speaker 6
Here.
[00:03:58] Speaker 7
Vice Chairperson Weeks. Here. Board Member Alano. Board Member Dyer.
[00:04:04] Speaker 4
Present.
[00:04:05] Speaker 7 · Unclear audio
[unclear audio — 0:01]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:04:05–00:04:06 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:04:06] Speaker 4
Here.
[00:04:07] Speaker 7
Board Member Butler. Here. Board Member Green.
[00:04:11] Speaker 7 · Unclear audio
[unclear audio — 0:01]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:04:11–00:04:13 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:04:13] Speaker 6
Here. Thank you very much. We'll all rise for the Pledge of Allegiance led by
[00:04:18] Speaker 6 · Machine re-recognized
miss
Flag: words were replaced by a machine repair · 00:04:18–00:04:18 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
[00:04:18] Speaker 6
Weeks tonight. Thank you.
[00:04:21] Speaker 2
I pledge allegiance to the flag of the United States of America and to the republic for
[00:04:28] Speaker 6 + overlapping voice · overlapping voices
which it stands,
[00:04:29] Speaker 2
one nation, under
[00:04:31] Speaker 6
God, indivisible, with liberty and justice for all.
[00:04:35] No voice detected
Thank you.
[00:04:40] Speaker 6
Okay. Moving on down. Let's see. The agenda is in front of us. Do I have a motion to approve the agenda for tonight? We have a short agenda.
[00:04:50] Speaker 3
I move we approve the agenda for tonight. Don't we need to move ‸ the minutes from last? Approve that's next. Okay.
[00:04:57] Speaker 6
Okay. Do I have a second?
[00:04:58] Attribution uncertain
I
[00:04:58] Speaker 6
second. Thank you very much. And for the help of Ms. Abigail tonight, as we do this, so she gets familiar with all of us, kind of raise our hand so she'll know who did it, because this is her first night with us. Okay.
[00:05:09] Speaker 5
Thank you. Okay. All in favor, say aye,
[00:05:12] Speaker 6
please.
[00:05:12] Speaker 5
Aye.
[00:05:13] Speaker 6
Aye. Any opposed? Thank you very much. The next will be our minutes. The minutes were put out to us. This is from our minutes from our February the 21st meeting. Any comments or questions on those before I ask for approval? Do I have a motion to approve the minutes from the February 21st meeting?
[00:05:33] Speaker 3
Move to approve.
[00:05:34] Speaker 6
Thank you.
[00:05:34] Speaker 3
Second.
[00:05:35] Speaker 6
Thank you very much. All in favor? Aye. Wonderful. There appears to be no old business, so we'll move right on to the new business. And
[00:05:46] Speaker 6 · Unclear audio
[unclear audio — 0:03]
Flag: a language review questioned the wording · 00:05:46–00:05:49 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:05:52] Speaker 5
I'd like to request for the board to postpone two items.
[00:05:56] Speaker 5 · Unclear audio
[unclear audio — 0:06]
Flag: a language review questioned the wording · 00:05:56–00:06:02 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:06:02] Speaker 5
And to
[00:06:03] Speaker 5 · Unclear audio
[unclear audio — 0:07]
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:06:03–00:06:10 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:06:11] Speaker 5 · Unclear audio
[unclear audio — 0:02]
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:06:11–00:06:13 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:06:13] Speaker 6
All right. Do I have a motion from the board to postpone those items as ‸ just presented to us? I
[00:06:20] Speaker 3 + overlapping voice · overlapping voices
move to postpone the two items until the next meeting, which is May the 15th. ‸ Can
[00:06:29] Speaker 1 + overlapping voice
we add that it's at
[00:06:30] Speaker 1 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:05]
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:06:30–00:06:35 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:06:35] Speaker 1 + overlapping voice · overlapping voices · Unclear audio
[unclear audio]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:06:35–00:06:37 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:06:36] Speaker 3 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:02]
[00:06:38] Speaker 6 + overlapping voice · overlapping voices
Thank you. Thank you very much. Do I have a second? Second. Thank you. And all in favor? Aye. Wonderful. ‸ All right. Moving on to item C, correct? Yes. All right. Which is
[00:06:53] Speaker 6 + overlapping voice · Unclear audio
[unclear audio — 0:01]
Flag: a language review questioned the wording · 00:06:53–00:06:55 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:06:57] Speaker 1 + overlapping voice · overlapping voices
Madam Chair, may I give just a couple of introductory comments on this before we start? Yes,
[00:07:03] Speaker 6 + overlapping voice · overlapping voices
ma'am.
[00:07:04] Speaker 1 + overlapping voice
Okay. So this is a little bit of an unusual application because it is an appeal of an administrative interpretation. It's not one that I believe you all have seen in quite a while. Usually you're getting requests for special exceptions or variances or things like that.
[00:07:25] Speaker 1 + overlapping voice · Unclear audio
[unclear audio — 0:06]
Flag: a language review questioned the wording · 00:07:25–00:07:31 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:07:31] Speaker 1 + overlapping voice · overlapping voices
it back over to you, Madam Chair.
[00:07:33] Attribution uncertain
Thank you
[00:07:33] Speaker 1 + overlapping voice · overlapping voices
very much. So Appendix A, Zoning Article 17, Section 1 of the City Code provides that the Board of Adjustment has the authority to hear and decide appeals of final administrative decisions or interpretations, which essentially means that an interested party can appeal to the Board of Adjustment regarding an interpretation of the zoning code that is made by an administrative official. In this case, that's the city's planner if ‸ the interested party disagrees with that decision. This appeal is regarding the city planner's interpretation of what uses are allowed in the M1 zoning district.
[00:08:20] Speaker 1 + overlapping voice · Unclear audio
[unclear audio — 0:08]
Flag: a language review questioned the wording · 00:08:20–00:08:28 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:08:28] Speaker 1 + overlapping voice
a request for ‸ zoning verification letter constitutes a freight handling facility or ‸ a transportation terminal, which are the two uses that are allowed in M1 that the appellant is arguing apply. So as the Board knows, establishing permitted uses for a particular zoning district is a legislative decision of the City Council. It's adopted by ordinance in the zoning code. So the Board cannot change or deviate from that list of permitted uses that's already found in the code. What you're being asked to determine is what that use means, essentially.
[00:09:13] Speaker 1 + overlapping voice · Unclear audio
[unclear audio — 0:06]
Flag: a language review questioned the wording · 00:09:13–00:09:19 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:09:20] Speaker 1 + overlapping voice
So I suspect that you will hear arguments from the appellant about why their proposed use constitutes a transportation terminal, in their view, and then from the city's planner about why they do not believe
[00:09:35] Speaker 2 + overlapping voice · overlapping voices
‸ that use constitutes a transportation terminal.
[00:09:40] Speaker 1
In terms of procedure, because it's an appeal, the appellant will be allowed to present first, and then the city's planner will present second. Then we'll allow for public input if there is any, and then the appellant is allowed some time for rebuttal at the end. And at the conclusion of the hearing, the Board is going to be asked to ‸ either affirm the decision of the City's planner or reverse the interpretation in whole or in part. So that really is the motion that we're looking for at the end, either to affirm or reverse in whole or in part. Okay?
[00:10:29] Speaker 1 · Unclear audio
[unclear audio — 0:01]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:10:29–00:10:30 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:10:33] Speaker 6 + overlapping voice
Okay. All right. Okay.
[00:10:37] Speaker 6 + overlapping voice · Unclear audio
[unclear audio — 0:06]
Flag: a language review questioned the wording · 00:10:37–00:10:43 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:10:43] Speaker 6 + overlapping voice · overlapping voices
first and the, uh, yes, the, uh, the appellant will ‸ present first. All right. So if it's a person present to present, thank you. And then
[00:10:54] Speaker 6 + overlapping voice · Unclear audio
[unclear audio]
Flag: the machine readings disagree here · 00:10:54–00:10:54 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:10:54] Speaker 6 + overlapping voice
Abigail needs to swear you in.
[00:10:56] Speaker 7
Can you raise your hand?
[00:10:58] Speaker 6
Sure.
[00:10:58] Speaker 6 · Unclear audio
[unclear audio — 0:02]
Flag: the recognizer flagged its own output; a language review questioned the wording · 00:10:58–00:11:01 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:11:01] Speaker 1 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:01]
[00:11:02] Speaker 1 + overlapping voice
Go ahead.
[00:11:03] Speaker 1 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:02]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:11:03–00:11:05 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:11:05] Speaker 8 + overlapping voice · overlapping voices · Unclear audio
[unclear audio]
[00:11:05] No voice detected
I
[00:11:06] Speaker 8
have a handout as well. It's just city. It's code sections and things like that.
[00:11:13] Speaker 5
Here. Do you want me to help you? Here, I go.
[00:11:19] No voice detected
Thanks.
[00:11:29] Speaker 6
Thank you.
[00:11:30] Speaker 6 · Unclear audio
[unclear audio]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:11:30–00:11:31 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:11:30] Attribution uncertain · Unclear audio
[unclear audio]
[00:11:30] Speaker 6 · Unclear audio
[unclear audio]
[00:11:34] Speaker 4
Thank you.
[00:11:37] Speaker 6
And there he is.
[00:11:57] No voice detected
Uh,
[00:11:59] Speaker 8
good evening,
[00:11:59] Attribution uncertain
uh,
[00:12:00] Speaker 8
Madam Chairman, members of the board of adjustment.
[00:12:02] Speaker 8 · Unclear audio
[unclear audio — 0:04]
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:12:02–00:12:06 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:12:06] Speaker 8
I'm here on
[00:12:07] Speaker 8 · Unclear audio
[unclear audio — 0:05]
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:12:07–00:12:12 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:12:13] Speaker 8
And, uh, with me is Mr.
[00:12:15] Speaker 8 · Machine re-recognized
Castetter.
Flag: words were replaced by a machine repair · 00:12:15–00:12:15 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
[00:12:15] Speaker 8
also with me is Jim McKnight, who is an expert planner, who will also be providing a testimony. This is an unusual process. I've only done maybe one of these in 35 years of practice.
[00:12:28] No voice detected · Unclear audio
[unclear audio]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:12:28–00:12:30 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:12:29] Speaker 8 · Unclear audio
[unclear audio — 0:02]
[00:12:30] Speaker 8 · Unclear audio
[unclear audio — 0:04]
Flag: a language review questioned the wording · 00:12:30–00:12:34 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:12:34] Speaker 8
I know how and, uh, go through the appeal letter and also, um, the, what I'm calling the staff report
[00:12:41] Speaker 8 · Machine re-recognized
the
Flag: words were replaced by a machine repair · 00:12:41–00:12:41 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
[00:12:41] Speaker 8 · Unclear audio
[unclear audio — 0:01]
Flag: a language review questioned the wording · 00:12:41–00:12:43 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:12:43] Speaker 6 · Unclear audio
[unclear audio]
[00:12:44] Speaker 8
what I have provided to you is, um, the first document is a letter by Dan Calhoun, who could not be here.
[00:12:53] Speaker 8 · Unclear audio
[unclear audio — 0:01]
Flag: a language review questioned the wording · 00:12:53–00:12:54 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:12:54] Speaker 8
Couldn't make it down for a variety of reasons. Um, the next is just a Google map. Of the area. The third document is one page of a 17 page site plan for this property that was approved by Brevard County. Uh, ‸ Mr.
[00:13:10] Speaker 8 · Machine re-recognized
Castell
Flag: words were replaced by a machine repair · 00:13:10–00:13:10 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
[00:13:10] Speaker 8
will explain that. And then
[00:13:12] Speaker 8 · Unclear audio
[unclear audio — 0:05]
Flag: a language review questioned the wording · 00:13:12–00:13:17 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:13:17] Speaker 8
the character of the area. What is on Cox road.
[00:13:20] No voice detected
Um,
[00:13:23] Speaker 8
this is an opportunity for you to use your common sense to overturn what we believe is an erroneous interpretation of the city code. Um,
[00:13:33] Speaker 8 · Unclear audio
[unclear audio — 0:04]
Flag: a language review questioned the wording · 00:13:33–00:13:37 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:13:37] Speaker 8
wrote an inconsistent one previously in August. And,
[00:13:41] Attribution uncertain
uh,
[00:13:41] Speaker 8
we believe with the assistance of the city attorney,
[00:13:43] Attribution uncertain
uh,
[00:13:43] Speaker 8 · Unclear audio
[unclear audio]
Flag: the machine readings disagree here · 00:13:43–00:13:44 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:13:44] Speaker 8
Ike. This is part of the requirements for us to come before you, the board of adjustment to allow you the opportunity to overturn this interpretation before we can go to court and have a court determine if it was correct. This is what they call exhaustion of remedies. So we feel that we had to come to you first to give the city people that know this area, the opportunity to look at this issue. Uh, as you know, we've asked you to overturn the interpretation of the zoning verification letter as to what is a transportation terminal. You have a nine page staff report. You have the location map,
[00:14:21] No voice detected
uh,
[00:14:22] Speaker 8
the 31 page appeal document, the flu map, which shows this is industrial and the zoning map, which shows us as light as light industrial and incorporates the CW wholesale commercial district.
[00:14:34] Speaker 8 · Unclear audio
[unclear audio — 0:04]
Flag: a language review questioned the wording · 00:14:34–00:14:37 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:14:38] Speaker 8
Uh, what was not provided was information on the character of the area. The zoning code at issue, although it's attached to
[00:14:45] Attribution uncertain
the
[00:14:45] Speaker 8
zoning verification letter, it's kind of hard to read. It's very small and kind of sideways. And you weren't given information about the actual use that was given to the city by Cohen systems, um, back in 2023.
[00:14:59] Speaker 8 · Unclear audio
[unclear audio — 0:05]
Flag: a language review questioned the wording · 00:14:59–00:15:04 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:15:04] Speaker 8
office. At which point Cohen,
[00:15:07] No voice detected
um,
[00:15:07] Speaker 8
who would be the tenant for this property and potential purchaser for Mr. Castor's property. Uh, basically Cohen systems serves customers in the state of Florida.
[00:15:17] Speaker 8 · Unclear audio
[unclear audio — 0:07]
Flag: a language review questioned the wording · 00:15:17–00:15:24 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:15:25] Speaker 8
Truck loads of freight originating in these cities ‸ and bound for South Florida and other destinations
[00:15:31] Speaker 8 · Unclear audio
[unclear audio — 0:06]
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:15:31–00:15:36 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:15:36] Attribution uncertain · Unclear audio
[unclear audio]
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:15:36–00:15:41 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:15:36] Speaker 8 · Unclear audio
[unclear audio — 0:04]
[00:15:41] Speaker 8
remaining 150 to 200 miles to South Florida. And other locations in Florida at the end of their workday, these
[00:15:48] Speaker 8 · Unclear audio
[unclear audio — 0:02]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:15:48–00:15:50 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:15:50] Speaker 8
The long haul trucks, which
[00:15:52] Speaker 8 · Machine re-recognized
deliver
Flag: words were replaced by a machine repair · 00:15:52–00:15:52 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
[00:15:52] Speaker 8
the inbound truck loads, then pick up other trailers and go to other locations in Florida and pick up other trailers and deliver them outbound to locations in Florida and out of the state. So this is a transportation freight system. They bring it here and then others pick it up and move it forward.
[00:16:09] Speaker 8 · Unclear audio
[unclear audio — 0:06]
Flag: a language review questioned the wording · 00:16:09–00:16:15 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:16:15] Speaker 8
stated, this is for use of a regional
[00:16:18] Speaker 8 · Machine re-recognized
trucking
Flag: words were replaced by a machine repair · 00:16:18–00:16:18 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
[00:16:18] Speaker 8
facility and parking for trucks and trailers. Obviously the parking is temporary for the transportation of household goods and general commodities throughout the state of Florida. This does not describe an outdoor storage lot or facility.
[00:16:31] Speaker 8 · Unclear audio
[unclear audio]
Flag: words only one machine reading has (possibly not said); the recognizer flagged its own output · 00:16:31–00:16:31 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:16:31] Attribution uncertain · Unclear audio
[unclear audio — 0:02]
[00:16:32] Speaker 8 + overlapping voice
In the zoning verification letter,
[00:16:34] Speaker 8 + overlapping voice · Unclear audio
[unclear audio — 0:06]
Flag: a language review questioned the wording · 00:16:34–00:16:41 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:16:41] Speaker 8 + overlapping voice
FDOT manuals or anything authoritative on transportation ‸ terminals. Regardless, nothing in the definition of transportation terminal states that it must, there must be buildings to support the handling of freight, which is what is throughout the staff report. The citation to Oxford Merriam Webster's and Black's law dictionary does not include that you have to have buildings and the implication that they do have to have buildings or do something other than ‸ requested is not correct. For this intended use goods are delivered in trucks to the site and moved off site at a later time transportation to the terminal and from the terminal. The end of a route or a junction point to use. And these are. Phrases that are used in the zoning verification letter and actually in the definitions provided by Mr. No to.
[00:17:41] Speaker 8 + overlapping voice · Unclear audio
[unclear audio — 0:05]
Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output; a language review questioned the wording · 00:17:41–00:17:46 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:17:46] Speaker 8 + overlapping voice
look at the letter from Mr. Calhoun.
[00:17:48] Speaker 8 + overlapping voice · Unclear audio
[unclear audio — 0:04]
Flag: a language review questioned the wording · 00:17:48–00:17:52 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:17:52] Speaker 8 + overlapping voice
the city. There's the site plan, information relative to the appeal,
[00:17:57] Speaker 8 + overlapping voice · Unclear audio
[unclear audio — 0:03]
Flag: a language review questioned the wording · 00:17:57–00:18:00 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:18:00] Speaker 8 + overlapping voice · overlapping voices
appraisers to be discussed by Mr. McKnight. At this point, I'd like Mr. Cassiter to tell you about his site plan, and then Jim McKnight is going to talk about his points, and then I will provide a bit more of an argument and a summary.
[00:18:24] Speaker 1
So I'd like ‸ to interrupt here for a moment. I'm a little concerned about, and I'm just, I'm speaking to the board here. This, the statement that's been given on the first page of your packet was not provided to the city, and the appeal is of the information that was actually provided to the city, ‸ and description ‸ of the use that was provided to the city in the zoning verification letter. So for example, I see right here that it says, this is in the second to last paragraph, that they're going to build a maintenance shop with office space and a
[00:19:06] Speaker 1 · Unclear audio
[unclear audio — 0:01]
Flag: the machine readings disagree here · 00:19:06–00:19:07 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:19:07] Speaker 1
warehouse building to offload and transfer freight.
[00:19:09] Speaker 1 · Unclear audio
[unclear audio — 0:07]
Flag: a language review questioned the wording · 00:19:09–00:19:16 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:19:16] Speaker 1
city. So I think the decision of the board should be based on what was the actual request that was received by the city, and whether or not the interpretation in the zoning verification letter response was appropriate. And certainly if the ‸ applicant wanted to come back and request another zoning verification letter ‸ that changes the description of the uses, then they're welcome to do that.
[00:19:55] Speaker 1 · Unclear audio
[unclear audio — 0:03]
Flag: a language review questioned the wording · 00:19:55–00:19:59 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:19:59] Speaker 6 · Unclear audio
[unclear audio]
[00:19:59] Speaker 6
ask
[00:19:59] Speaker 1
you that.
[00:20:00] Speaker 6
Thank you.
[00:20:02] Speaker 8
I don't believe I've said anything other than what was in the zoning verification letter and the information that was given to the city during this process. It's up to you as the finder of facts as to whether or not to consider it or not. So I'd ask that you let us go forward, and you all can make the determination of how you want to proceed when you go to determination. You are ‸ the judge and jury, so you can decide what to consider and what not to consider.
[00:20:29] Speaker 2 · Unclear audio
[unclear audio — 0:05]
Flag: a language review questioned the wording · 00:20:29–00:20:34 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:20:34] Speaker 2
and fully understand the document? Because it is the first time. I know you've just mentioned taking a glance, but a few minutes to make sure we fully understand this.
[00:20:42] Speaker 6 · Unclear audio
[unclear audio — 0:04]
Flag: a language review questioned the wording · 00:20:42–00:20:46 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:20:46] Speaker 6
now and let everyone read because we have not seen this. Yes, ma'am.
[00:20:50] Attribution uncertain
And
[00:20:50] Speaker 6
then we'll come right back, okay? All right. Okay. Everybody take five minutes and read. Write your questions down for me, please, and then I'll come back to you. Okay. Thank you.
[00:21:10] Speaker 5 · Unclear audio
[unclear audio — 0:04]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:21:10–00:21:14 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:21:35] No voice detected
Jen,
[00:21:35] Speaker 5
Jen, can you save that copy for us to make a scan? I'm going to give my copy to her so we can scan it to our files.
[00:21:50] No voice detected · Unclear audio
[unclear audio]
Flag: the machine readings disagree here · 00:21:50–00:21:59 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:21:51] Speaker 5 · Unclear audio
[unclear audio]
[00:21:51] No voice detected · Unclear audio
[unclear audio]
[00:21:58] Speaker 5 · Unclear audio
[unclear audio — 0:01]
[00:22:33] Attribution uncertain
State
[00:22:45] No voice detected
Thank
[00:22:46] No voice detected · Unclear audio
[unclear audio — 0:27]
Flag: the recognizer flagged its own output · 00:22:45–00:25:08 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:23:14] Attribution uncertain · Unclear audio
[unclear audio — 0:24]
[00:23:38] No voice detected · Unclear audio
[unclear audio — 0:01]
[00:23:40] Attribution uncertain · Unclear audio
[unclear audio — 0:32]
[00:24:11] No voice detected · Unclear audio
[unclear audio — 0:03]
[00:24:27] Speaker 5 · Unclear audio
[unclear audio]
[00:24:38] No voice detected · Unclear audio
[unclear audio — 0:30]
[00:25:20] Speaker 5
Sir, are you the property owner or are you,
[00:25:22] Attribution uncertain
we
[00:25:22] Speaker 5
call one?
[00:25:23] Speaker 9
Property owner, ma'am.
[00:25:24] Speaker 5
What is your name again? I'm sorry.
[00:25:26] Speaker 9
Clayton Castetter.
[00:25:27] Speaker 5
Clayton Castetter. Okay.
[00:25:29] Speaker 9 · Unclear audio
[unclear audio]
Flag: the machine readings disagree here · 00:25:29–00:25:30 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:25:30] No voice detected · Unclear audio
[unclear audio]
[00:30:08] Speaker 3 · Unclear audio
[unclear audio — 0:01]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:30:08–00:30:09 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:30:10] Speaker 4 + overlapping voice · overlapping voices
Are you saying ‸ that you never saw this letter? The city doesn't know that they weren't using it as outside storage and that they're going to
[00:30:19] Speaker 4 + overlapping voice · overlapping voices · Machine re-recognized
construction
Flag: words were replaced by a machine repair · 00:30:19–00:30:20 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
[00:30:20] Speaker 4 + overlapping voice · overlapping voices
entrance off of Townsend Road?
[00:30:22] Speaker 1 + overlapping voice · overlapping voices
‸ I don't want to say, ‸ I'll respond to that when they come back in the room because I don't want to say anything off the record.
[00:30:29] Speaker 4 + overlapping voice · overlapping voices
Okay.
[00:30:52] Speaker 2 · Unclear audio
[unclear audio — 0:07]
Flag: the machine readings disagree here · 00:30:52–00:31:00 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:31:00] Speaker 2
‸ You're basically just transferring the mold.
[00:31:12] Speaker 8 · Unclear audio
[unclear audio — 0:02]
Flag: a language review questioned the wording · 00:31:12–00:31:15 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:31:15] Speaker 8 · Unclear audio
[unclear audio — 0:05]
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:31:15–00:31:20 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:31:21] Speaker 8 · Unclear audio
[unclear audio — 0:03]
Flag: a language review questioned the wording · 00:31:21–00:31:24 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:31:24] Speaker 8
so we'd like to temporarily postpone this
[00:31:27] Speaker 8 · Machine re-recognized
till
Flag: words were replaced by a machine repair · 00:31:27–00:31:27 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
[00:31:27] Speaker 8
next month. If we get ‸ resolved, we'll draw it if that's acceptable to you all.
[00:31:33] Speaker 2
Move to approve the withdrawal. So
[00:31:36] Speaker 6 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:03]
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:31:36–00:31:46 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:31:39] Speaker 3 · Unclear audio
[unclear audio — 0:03]
[00:31:43] Speaker 6 · Unclear audio
[unclear audio — 0:02]
[00:31:45] Speaker 3 · Unclear audio
[unclear audio — 0:01]
[00:31:47] Speaker 6
Thank you very much. Thank you. All right. I hear a motion that ‸ we don't have any other business, correct?
[00:31:55] Speaker 9
I'd
[00:31:55] Speaker 9 · Unclear audio
[unclear audio — 0:01]
Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 00:31:55–00:31:56 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:31:56] Speaker 6 + overlapping voice · overlapping voices
I'm sorry. Yes, sir.
[00:31:58] Attribution uncertain · Unclear audio
[unclear audio]
Flag: a language review questioned the wording · 00:31:58–00:31:59 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:31:58] Speaker 9 + overlapping voice · Unclear audio
[unclear audio — 0:01]
[00:31:59] Speaker 9 + overlapping voice · overlapping voices
That's all right. I'm sorry. My intention was to be here 15 minutes early, but that didn't work out.
[00:32:03] Speaker 9 + overlapping voice · Unclear audio
[unclear audio — 0:01]
Flag: numbers, amounts, negation or names differ between the machine readings · 00:32:03–00:32:03 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:32:04] Speaker 6
Oh, okay. Do
[00:32:05] Speaker 6 · Unclear audio
[unclear audio — 0:02]
Flag: a language review questioned the wording · 00:32:05–00:32:07 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:32:07] Speaker 6
I'm sorry. Is there any more business? No. No business. Do
[00:32:10] Speaker 6 · Unclear audio
[unclear audio — 0:01]
Flag: a language review questioned the wording · 00:32:10–00:32:11 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:32:11] Speaker 6
I move we adjourn. I have a second. Thank you very much. Everybody have a great week. Thank
[00:32:16] Speaker 6 · Unclear audio
[unclear audio]
Flag: the recognizer flagged its own output · 00:32:16–00:32:40 · unresolved: the words are not shown (unclear audio); listen to the recording
[00:32:16] Attribution uncertain · Unclear audio
[unclear audio]
[00:32:16] Speaker 6 · Unclear audio
[unclear audio]
[00:32:17] Attribution uncertain · Unclear audio
[unclear audio]
[00:32:17] No voice detected · Unclear audio
[unclear audio — 0:02]
[00:32:20] Speaker 5 · Unclear audio
[unclear audio — 0:01]
[00:32:26] Speaker 7 + overlapping voice · overlapping voices · Unclear audio
[unclear audio — 0:01]
[00:32:38] No voice detected · Unclear audio
[unclear audio — 0:03]

Transcript revision built 2026-10-27T12:06:14 · 2,546 ordinary words, 793 in suspect passages, 11 machine re-recognized.

Ask about this meeting

Use the search to ask a question about this meeting in particular, or compare it across other meetings in the archive.